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Safety Law News for November 1, 2019

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• In Kentucky, the Jefferson County Board of Education will vote soon on a proposal that would eliminate the school resource officer program, replacing it with an in-house security team consisting of 48 officers. The new officers would report directly to school officials.

• In Nevada, Carson City officials have ratified an agreement between the City and the school district to expand the school resource officer program.  The agreement increases from three to five the number of officers deployed at the schools.

• In Montana, the Governor recently announced a ban on vaping products, but a judge blocked that ban.  Now vape shop owners are looking to extend the block.  School resource officers say kids are still getting their hands on vapes.  Shop owners say the ban would put them out of business.

• In New York, officials in the City of Poughkeepsie are implementing a “Safe Passage Home” program.  The policy is in response to reports involving students and violence during their walks home from school.  Volunteers will be posted in “hot spots” throughout the neighborhood as kids are leaving school to deter and report potential violence.

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Safety Law News for October 29, 2019

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• In South Carolina, the U.S. District Court ruled that a school resource officer used excessive force in violation of the Fourth Amendment rights of a student.  The officer, called to a classroom when a student refused administrative requests to leave her desk, flipped the student and the desk backwards to effect a take-down maneuver.  The court ruled that the severity of the misconduct was minor (disrupting the classroom), the student’s resistance was passive, not posing a threat to the officer or anyone else, and she did not have a weapon. (Shakara Murphy v. Benjamin Fields)

• In Arkansas, the Arkansas Court of Appeals affirmed the delinquency adjudication of a student for having committed the offense of “terroristic threatening.”  The student told a classmate that he was a school shooter and that she should wear green on an upcoming school day.  The court rejected the defense of the student that the statements were meant to be a joke. (A.J.A. v. State of Arkansas)

• In Florida, officials in Indian River County, experiencing an increase in threats against schools, have posted a video to warn would-be offenders.  The video, posted on the school district’s Facebook page, says: “Making a fake threat is considered a felony offense. It doesn’t matter if you’re joking or being sarcastic.”

• In Arkansas, a new law that allows schools to create campus police forces is creating staffing and budgeting uncertainty among local law enforcement agencies.  Several districts in the state have been approved to start their own police departments.  The officers have jurisdiction on school property and connecting or adjacent land, such as sidewalks and alleyways.

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Safety Law News for October 24, 2019

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• In California, the California Court of Appeal ruled that a student was properly adjudicated for making a criminal threat when he used a black “sharpie” marker to write the following statement on the wall of a bathroom stall: “Don’t come!!! Skool Shooting after Spring Break [smiley face] Blood kidz.”  The court reasoned that officials could reasonably infer that the graffiti was an actual threat written with the intention to instill fear of a school shooting in those who saw or heard about it.  The state law sought to punish those attempting to instill fear in others and the evidence did not need to show that the student intended to carry out the threat.  (In Re D.N.)

• In Virginia, officials in the Mesa Public Schools are experiencing an enormous increase in student vaping violations.  The number of students disciplined for vaping has more than doubled each year since 2016. In 2018, the district had 645 vaping-related violations.

• In Illinois, the City of Marion has deployed officers in every school in the district.    The city and the district are sharing the cost. The police agency is paying for uniforms, firearms, training and body armor. The school district will pick up the wages for each officer.

• In Illinois, the Illinois Association of School Boards, is considering a resolution to support legislation that authorizes arming school faculty.  The IASB resolution would authorize “voluntary district employees, in any capacity” to carry a concealed firearm if they have obtained the necessary licenses, certifications and training.

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Safety Law News for October 15, 2019

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• In North Carolina, the North Carolina Supreme Court ruled that a student was properly adjudicated for disorderly conduct after throwing a chair toward another student in the school’s cafeteria, running away, refusing to cooperate with the school resource officer, and disrupting the school.  The lower court had refused to uphold the charges against the student because the chair did not hit anything or anyone.  (In Re T.T.E.)

• In Arizona, officials in the Mesa Public Schools are experiencing an enormous increase in student vaping violations.  The number of students disciplined for vaping has more than doubled each year since 2016. In 2018, the district had 645 vaping-related violations.

• In California, a new law requires every person employed by a public K-12 school or public University as a school security officer to complete a training course.  SB 390, also will require annual training of all officers.

• In New Mexico, the Española School District is finalizing an agreement with the Española Police Department to deploy two sworn police officers under a rigid set of guidelines.  Under the terms of the Memorandum of Understanding, the officers can only conduct searches of students when there is probable cause, not the reasonable suspicion required for school district employees.  The officers may only question a student about an incident in the presence of parents and must provide Miranda warnings.

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Safety Law News for October 10, 2019

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• In Florida, the United State District Court ruled that a 14-year old female student, who reported bullying and sexual harassment, sufficiently stated a Title IX claim.  The student alleged that school officials were deliberately indifferent by failing to put her in separate classes from her assailants, hindering her transfer to new school district, and waiting months before reporting her case to law enforcement.  (Doe v. School Board of Miami-Dade County).

• In Nebraska, school administrators at Millar North High School discuss the successful relationship with school-based police over 14 years.  Educators rely on SROs to help with enforcement of the school code of conduct, mentoring students, and responding to reports of dangerous activities.

• In Florida, seven Florida county school districts are taking advantage of the new law that allows them to arm teachers. The other 60 school districts in the state have not approved it. The six districts include Bay, Gilchrist, Lafayette, Levy, Okeechobee, Putnam and Suwannee counties.  Under the law, a school district must first vote in favor of the policy and then teachers must volunteer.

• In Florida, the Hernando County School Board is examining the merits and feasibility of establishing its own police force.  The school district could hire more officers for the same amount it pays the Sheriff’s Office.  It would also have more of a say over SRO training, including education on student development and mental health.

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Safety Law News for October 7, 2019

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• In Maine, a new study by the University of Southern Maine examines the role of school resource officers in Maine and concludes that policing alone does not reduce violence or necessarily improve school safety. More specifically, the report finds there is a lack of statewide uniformity governing school-based police, their roles, how they are selected, and trained.

• In Alabama, officials in Baldwin County are adding law enforcement consequences for vaping on campus.  Police have begun confiscating e-cigarettes and issuing a citation and a date to appear in court.  The fine on a guilty student could range from $10 to $50, increasing with each subsequent citation or offense.

• In Wisconsin, the Mishicot School District is requiring 7th and 9th grade students to take a 5-hour online course to teach them the side effects of vaping and how it’s marketed.  The course, called “Vape Educate,” is also being used as an alternative to suspension for students caught vaping.

• In Pennsylvania, the Governor signed into law a bill that requires all Pennsylvania school security guards to go through the National Association of School Resource Officers (NASRO) basic training program.