Uncategorized

Safety Law News for August 21, 2020.

by  • 

— In New Mexico, the Court of Appeals of New Mexico ruled that a student’s statements, made when he was thirteen years old, to the assistant principal of his school, were presumptively inadmissible under a state law that provides that, “[t]here is a rebuttable presumption that any confessions, statements or admissions made by a child thirteen or fourteen years old to a person in a position of authority are inadmissible.”  The court reasoned that the Legislature intended assistant principals to be included as persons in a “position of authority,” when the educator shares the information with a police officer who uses it to initiate a delinquency proceeding.  [State v. Cesar B.]

— In Illinois, the City of Chicago is amending its requirements for school resource officers.  Officers with recorded allegations of excessive force, or complaints of inappropriate interactions with youth will no longer be eligible to serve in schools.  Officers will no longer be allowed to enter student names into the police department’s gang database nor cooperate with immigration officers.

— In North Carolina, school officials in Craven County say there is still a need for resource officers despite remote learning.  School resource officers will still conduct security checks throughout the day, making sure there aren’t any problems.  Some school workers are bringing their children to work because of the pandemic.   School resource officers in Onslow County are also adjusting how they operate this year due to the pandemic with students returning to campus.

— In Virginia, the Loudoun County Sheriff’s Office is upgrading its crisis intervention training program for school resource officers.  It is adding a new module called Advanced Crisis Intervention.  The advanced course focuses on children, with intellectual and developmental disabilities.

Uncategorized

Safety Law News for August 18, 2020

by  • 

— In Colorado, the United States District Court held that the authority of school officials to discipline student speech under Tinker v. Des Moines Schools (393 U.S. 503 (1969)), applied to the off-campus speech of student who posted a picture to the social media platform Snapchat with the caption: “Me and the boys bout to exterminate the Jews.”  The court held that despite the Supreme Court’s long-standing distinction between on-campus or school-sponsored speech, “that [t]he pervasive and omnipresent nature of the Internet has obfuscated the on-campus/off-campus distinction…mak[ing] any effort to trace First Amendment boundaries along the physical boundaries of a school campus a recipe for serious problems in our public schools.” [C1.G. v. Siegfried]

— In Alabama, the City of Altoona and the Etowah County Sheriff’s Office are partnering for the 2020-2021 school year to continue the school resource officer program.

— In Canada, funding has been pulled for school resource officers at two Ottawa-Carleton District School Board high schools, following a vote by school board trustees.

— In Virginia, the Radford City School Board passed a resolution in support of school resource officers.  The Board statement said that, “Radford City Schools has a strong partnership with our city’s police department. We appreciate that the SRO’s are building relationships with students and are valuable resources within the Radford community. We are pleased to have them in our buildings.”

Uncategorized

Safety Law News for August 5th, 2020

by  • 

— In California, the California Court of Appeal overturned a probation condition requiring a search of a student’s electronic devices.  The student was declared a ward of the juvenile court after being found vaping and in possession of a knife at school.  The juvenile court imposed an electronic search condition, requiring the student to submit to search and seizure of electronic devices within his control, and disclose passwords or other information required for access.  The appellate court disagreed, ruling that a probation condition must be “information in the record establishing a connection between the search condition and the probationer’s criminal conduct or personal history.”  (In re Austin H.)

— In Virginia,  Southwest Virginia school boards are adopting resolutions in support of school resource officers.  The resolution is meant to send Gov. Ralph Northam’s office a message that SROs play a vital role in safety and the community.

— In Arkansas, the Fayetteville City Council votes down funding for additional school resource officers.  The officials were unable to agree on the roles and qualifications of the persons who would serve as SROs.   One proposal was that the person be licensed in social work, therapy or similar field.  The deputy Police Chief said finding a qualified applicant would be extremely difficult.

— In Michigan, the Ypsilanti Community Schools Board has ended its school resource officer program.  Parents said they’d still like to see the district partner with law enforcement in other ways.

Uncategorized

Safety Law News for July 28, 2020

by  • 

— In New York, the Supreme Court, Appellate Division refused to dismiss a lawsuit brought by parents whose kindergarten child was assaulted in the bathroom.   The court held that “schools are under a duty to adequately supervise the students…and will be held liable for foreseeable injuries.” Then the court ruled that because school policy kept information about incidents from being shared with teachers and staff, the educators failed to establish that they lacked notice of prior similar sexual assaults. (Charles D.J. v. City of Buffalo & Buffalo Bd. of Education)

— In New York, the Massena Central School District Board of Education will retain its school resource officer program but have decided to cancel the agreement with local law enforcement so it can hire its own officers.

— In Wisconsin, the Wisconsin Department of Justice has expanded the resources available to schools through its Office of School Safety by creating the “Speak Up, Speak Out Resource Center.”  The center will have staff available 24/7 to consult with schools on assessing safety threats, coordinating crisis response teams and operating a statewide school threat reporting system.

— In California, the Pajaro Valley Unified School District Board of Trustees voted to permanently end its School Resource Officer program and to redirect the funds to socio-emotional counselors and into the creation of wellness centers and cultural sensitivity programs.

Uncategorized

Safety Law News for July 21, 2020

by  • 

— In Pennsylvania, the United States Court of Appeals ruled that educators violated the First Amendment rights of a student who after failing to make the school’s varsity cheerleading team, posted on the Internet the comment, “Fuck school fuck softball fuck cheer fuck everything.”  The school suspended the student from the junior varsity team.  The court applied the Tinker standard and ruled that the student’s post was off-campus speech, non-disruptive speech and was not subject to regulation.  To rule otherwise would be “reducing the free speech rights of all young people who happen to be enrolled in public school.”  (B.L. v. Mahanoy Area School District)

— In Minnesota, the Minneapolis Board of Education is quietly hiring security guards to replace the police that it unanimously voted to expel from its campuses.  The posting seeks full-time public safety support specialists (PSSS) who must have law enforcement degrees and experience. Their list of responsibilities include breaking up fights, monitoring security at events, and providing a bridge between in-school intervention and law enforcement. 

— In Indiana, school officials in the Avon Community Schools are launching a school police department.  The Superintendent believes that the schools “need support from people who are specially-trained in handling legal situations that we as teachers and principals aren’t trained to handle.”

— In Minnesota, the St. Cloud Area School District 742 School Board voted to renew its contract with local area law enforcement and continue its School Resource Officer program.  Educators believe that SROs deal with students not just on delinquent conduct, but also help students deal with tough issues at home and are beneficial at the school and in the community.

Uncategorized

Safety Law News for July 17, 2020

by  • 

— In Florida, the District Court of Appeal of Florida, denied the appeal by one of the unarmed campus monitors on duty February 14, 2018 at the Marjorie Stoneman Douglas High School in Parkland, Florida.  The officer claimed he was entitled to immunity.  The court affirmed the lower court ruling that the allegations against the officer — that his negligence was the cause of the deaths – were sufficient to avoid the defense of sovereign immunity.

(Medina v. Pollack)

— In Illinois, the Austin Local School Council at Michele Clark Academic Prep Magnet High School voted unanimously to keep school resource officers on campus.  “We do need the officers for the safety of students and the staff,” said a community representative on the council.

— In Iowa,  The Clinton School Board and the Clinton City Council approved an agreement to extend the school resource officer program in the Clinton School District for five years.

— In Virginia, a survey found that Stafford County teachers overwhelmingly support police officers in the schools.  Nearly 90% of county teachers surveyed want school resource officers, while 5% surveyed were neutral, and 5% were anti-SRO.  The teachers’ comments were heavily in favor of SRO’s proactive roles in providing safety, guidance, mentorship, and community outreach for all staff and students.