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Safety Law News for July 23, 2021

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— In New York, the Supreme Court, Appellate Division reversed a lower court and dismissed a lawsuit brought by parents whose daughter was sexually assaulted by another student while they were alone in a classroom.  The court agreed that schools “will be held liable for foreseeable injuries proximately related to the absence of adequate supervision,” but ruled that there was no evidence of any prior misconduct similar to the assault that would put educators on notice.  The assailant’s disciplinary history consisted of attendance issues, academic problems, insubordination, verbal outbursts, drug and alcohol possession and use, and sale of drugs.  Knaszak v. Hamburg Central School District

— In California, the school board for the Folsom Cordova Unified School District unanimously renewed the school resource officer program for their 33 schools.  A prior vote of the board to eliminate the contract with the police, was reversed after revisions were made to the agreement to address transparency and accountability issues.

— In North Carolina, the Wake County Public Schools will sue Juul Labs, alleging harmful health effects of the company’s vaping products on students.  The decision comes just after the announcement of the $40 million settlement between the Juul Labs and the State of North Carolina in July 2021.

— Nationally, a survey from Safe and Sound Schools reports a gap between parents and administrators in perceptions of school safety. The results of the survey, which was conducted among district administrators, public safety staff, students, teachers, and parents, suggest that administrators are significantly more confident than parents in schools’ safety policies and procedures. 

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Safety Law News for July 19, 2021

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— In Pennsylvania, the Superior Court of Pennsylvania affirmed the adjudication of delinquency of a student for terroristic threats for a state law that forbids communicating, “either directly or indirectly, a threat to…(1) commit any crime of violence with intent to terrorize another….[or] otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.” 18 Pa.C.S. §§ 2706(a)(1) – (a)(3).  The student post in the Internet said, “I don’t really have any friends and if I would to perhaps shoot the fucking school up right now I would be looked at as crazy, right?”  The court ruled that, although the student claimed he was just expressing frustration, he “acted with at least reckless disregard in causing terror or serious public inconvenience to his fellow classmates and/or the administrative and security staff of the school.” Int. of K.M.M.B.

— In Colorado, the Poudre School District Board of Education voted to continue the funding for its school resource officer program.  The board is revising the school safety policies to more clearly define the role of the officers.

— In Rhode Island, the legislature has enacted House Bill 5555, the Harold M. Metts School Safety Act of 2021, which prohibits people from bringing guns onto school property. The only exceptions are for school security personnel, peace officers and retired law enforcement members. Hawaii, Kansas, New Hampshire, Oregon, Utah and Wyoming still allow concealed-carry exceptions in schools.

— In Maryland, The Howard County Board of Education has approved the School Resource Officer contract for the upcoming school year.  The agreement requires training for SROs in Restorative Justice Practices, Culturally Responsive Practices, Racial Equity, Disability Awareness, De-escalation Practices, and other training specifically aimed at addressing racial, ethnic, and class disparities in how students are treated.

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Safety Law News for July 9, 2021

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— In Maryland, the Court of Special Appeals of Maryland ruled that school officials were immune from claims of negligent school discipline in a case involving repeated attacks upon a student by fellow-students.  The victim argued that steps taken by the school were not solving the problem.  The court ruled that, “Maryland does not recognize a tort action seeking damages based on negligent education,” particularly after implementing the restorative model of student discipline that uses “discipline as more of a learning tool, and less of a punishment.”  The court also ruled that the Paul D. Coverdell Teacher Protection Act, was a federal law source of teacher immunity in the case.  Brandon Gambrill v. Board of Education of Dorchester County

— In Rhode Island, the Supreme Court of Rhode Island ruled that school officials were liable for harm to a student by a fellow-student who, “despite numerous instances of misbehavior, including conduct that violated the high school’s sexual harassment and anti-bullying policies…received no progressive punishment.”  The court held that the restorative justice policies would not protect the school when, “there is evidence that the school district exercised no degree of care in the face of a known, foreseeable danger.”  Dextraze v. Bernard.

— In Illinois, school officials in Schaumburg and Hoffman Estates will renew the three-year agreements with their police departments to provide school resource officers to the schools.  The officers teach (internet safety, drug and gang resistance, and stranger danger), assist with truancy and residency issues, and interact with students as positive role models.

— In Massachusetts, the Yarmouth Police Department is working with the schools to host a Summer Cop Camp for all youths aged 10 to 13. The 5-week camp is free of charge and will feature the different jobs and functions of police work as well as engage with children in fun events utilizing the school grounds.

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Safety Law News for July 2, 2021

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— In Texas, the United States Court of Appeals ruled that a school resource officer was not liable for tasing a special education student who was trying to leave the school after engaging in disruptive behavior.  The Court held that Texas law does provide remedies for students who experience corporal punishment in schools.  In addition, federal law substantive due process claims based on school discipline are not allowed.   Finally, the court ruled that the law on whether a student has a Fourth Amendment right to be free of excessive disciplinary force was inconsistent with the facts of the case such that the SRO was entitled to qualified immunity.  J. W. v. Paley

— In North Carolina, E-cigarette company Juul agreed to pay North Carolina $40 million to settle allegations that the company aggressively marketed its vaping products to young people.  North Carolina is the first state to reach a settlement with Juul.  Other jurisdictions have also sued the e-cigarette company.

— In Virginia, officials in Alexandria are acknowledging that their schools face major security issues after the elimination of the school resource officer program.  The decision to shift funding to increase mental health resources leaves the schools without a police presence.  One of the schools is the largest high school in Virginia.

— In Rhode Island, both the Senate and the House passed legislation which would prohibit anyone, with certain exceptions, from bringing a firearm onto school property.  Senate Bill 2021-S 0073 and House Bill 2021-H 5555A prohibit the possession of firearms on school grounds except for peace officers, retired law enforcement officers, persons under contract to provide school security services, and unloaded firearms in locked containers or a locked rack in a motor vehicle.

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Safety Law News for June 28, 2021

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— The U.S. Supreme Court ruled that a school violated a student’s First Amendment rights when it suspended her from the cheerleading squad.  The school discipline was in response to the student’s use of profanity in a social media post, made off campus and on a Saturday.  The Court held that while in loco parentis gives schools authority to regulate student speech that takes place off campus, the incident did not fall within this authority.  The student did not identify the school, the criticism of cheerleading did not target any member of the school community and did not cause a “substantial disruption” at school. Mahanoy Area School District v. B. L. by & through Levy

— In Virginia, the Arlington Public School Board unanimously voted to remove police officers from its school hallways.  The police will respond to emergencies but no longer will have officers stationed at the school.  The school board does not have the authority to completely shut down the program. The county of Arlington provides the program with $3 million in annual funding.

— In Ohio, the Ohio Supreme Court ruled that school districts must provide police-level training to teachers carrying concealed weapons such that prior training school employees received may violate state law.  The approved training must resemble basic peace-officer-training or the school official must have served 20 years as a police officer.  Gabbard v. Madison Local School District

— In Tennessee, the Knox County Schools and the City of Knoxville are changing the role of school resource officers when campus incidents involve special needs students.  Under the new policy, the officer will not get involved without authorization by the school principal or when an incident places others in imminent danger.

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Safety Law News for June 22, 2021

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— In Connecticut, the Superior Court of Connecticut, rejected qualified immunity for a school district in a lawsuit brought by a student who was assaulted by a fellow student and seriously injured.  The court ruled that immunity did not apply to failures to act that subject students to imminent harm.  The immunity analysis has three elements: 1) an imminent harm; (2) an identifiable victim; and (3) a public official to whom it is apparent that his or her conduct is likely to subject that victim to that harm.  Connecticut General Statutes § 52–557n.  The court found that the known violent history of the student “could lead a jury to conclude that the assailant was an “imminent risk” to the students in his classroom,” which eliminates immunity for the school.  Keegan Allister v. Michael Labombard No. CV196053097, 2021 WL 2300489 (Conn. Super. Ct. May 6, 2021)

— In Texas, Senate Bill 168 was signed into law to change the manner in which schools conduct active shooter drills.  Its provisions require schools to customize the drills in collaboration with education, law enforcement, and mental health professionals.  Schools must make allowance for the age of the student body and provide advance notice of active shooter drills.

— In Illinois, school officials in Norwood Park are implementing their Whole School Safety Plan.  The policy retains the school resource officer program while hiring additional social workers.  The Board believes that the officers and social workers will make the school community feel safe and welcomed.

— In California, the Fresno County Schools has selected “Everbridge School Safety Software” to coordinate emergency management efforts on K-12 campuses.  The software enables school administrators to orchestrate a collaborative approach for crisis incidents including campus violence such as active shooters and bomb threats, as well as lockdowns and medical emergencies.