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Safety Law News for April 3, 2020

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• In Ohio, the Court of Appeals of Ohio held that school officials in the Madison Local School District did not have the authority to arm employees with firearms based on a policy that requires only “24 hours of active shooter/killer training, completed and passed a criminal background check, a drug screen, and a mental health evaluation.”  Ohio law requires that, “[n]o public or private educational institution…shall employ a person as a special police officer, security guard, or other position in which such person goes armed while on duty, who has not received a certificate of having satisfactorily completed an approved basic peace officer training program, unless the person has completed twenty years of active duty as a peace officer.”  (Gabbard v. Madison Local School District)

• The New York Supreme Court, Appellate Division, held that school officials and chaperones of a school-sponsored trip during which student contracted fatal illness were not entitled to summary judgment in a lawsuit brought by the parents.  The court ruled that, “[a]lthough during school hours the standard is that of the reasonably prudent parent, a lesser standard, that of the reasonable and prudent person, is applicable in the context of a student’s voluntary participation in an intramural or extracurricular school sport.” (Tutaj v. Seaford Union Free School District)

• In Nevada, the Carson City Board of Supervisors voted unanimously to form a partnership with the Carson City School District to fund the School Resource Officer (SRO) program.  Under the agreement, the city and school district will split the cost of the officers.

• In West Virginia,  the Tyler County Sheriff is partnering with school officials to deploy a therapy dog on campuses as a means of creating relationships with children. 

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Safety Law News for March 30, 2020

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• In Texas, the Huffman ISD Board of Trustees approved the creation of the Huffman ISD Police Department, starting in the 2020-2021 school year.   The Superintendent and the Board believe that creating a police department “will give us the opportunity to take our security measures to the next level.”

• In New Mexico, House Bill 184 has been signed into law.  The provisions of the law create funding for resources to and training of school resource officers.  It requires law enforcement officers who work as school resource officers be specifically trained for the position, including receiving training in de-escalation techniques and adolescent-specific issues.

• In Maryland, the University of Baltimore Law Review has issued a Report on the current state of school safety law in Maryland.  The Report highlights the Maryland Safe to Learn Act and the policy objectives of the pending legislation on Guidelines on Trauma-Informed Approach Bill (H.B. 256).

• In South Carolina, the Beaufort County School Board is considering a plan that would put armed security personnel in every public school, including elementary schools.  At least 15 schools, all elementary schools, do not have SROs.  Efforts to fill the positions are limited by a short supply of eligible officers, who must go through specific training.

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Safety Law News for March 27, 2020

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• In Florida, officials from the Clay County School District have issued a report on its three-year experiment with a school district police force.  The details include an improvement in the school climate and a 79% decrease in school arrests.  School officials state that, “it’s just amazing how quickly the SROs bond with these students.”

• In Maryland, the Montgomery County Council has enacted a bill intended to improve law enforcement transparency and accountability through community policing.  Under the provisions of Bill 33-19, law enforcement must document use of force statistics, officer suspension information, the number of youths referred to intervention programs, and include mental health and positive youth development science into community policing training programs.

• In Massachusetts, the Gloucester Public Schools and Police Department are implementing the “Handle with Care” initiative to provide services to children who experience trauma.  Under the terms of the Memorandum of Understanding, when a child is identified at a traumatic scene, an officer transmits a message to “Handle with Care” to the school.  The school gives that child a safe person and space where they can receive support and counseling or other mental health services.

• In Idaho, legislators are debating Senate Bill 1384.  The provisions of the legislation allow school district employees to carry a concealed weapon on school property, provided the school district employee maintains the weapon concealed and within their immediate control and provides a copy of their license to school officials who can also share the information with law enforcement.

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Safety Law News March 23, 2020

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• In Kentucky, the Governor signed into law Senate Bill 8, requiring all Kentucky school districts to arm their school resource officers.

• In Georgia, United States Court of Appeals ruled that a school resource officer’s conduct, including placing a student in a choke hold and carrying her away by the neck, was not so grossly disproportionate to the situation as to constitute excessive force.  The student had been fighting with another student whom she had punched in the face, and was combative toward the officer who was trying to deescalate the situation.  (Hines v. Jefferson)

• In Florida, school resource officers in Polk County are continuing to mentor students despite the closing of schools because of the coronavirus outbreak.  While the officers are completing annual training and staffing campus “school-meal” sites, they are also visiting students considered to be “at risk” and their families.

• In California, San Rafael City Schools will receive almost $1.12 million in state vaping prevention grants — the latest step in ongoing efforts to curb vaping among Marin youths.  School officials plan to use the funds to expand collaboration with law enforcement and public health in programs on education, prevention and cessation of vaping.

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Safety Law News for March 16, 2020

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• In Pennsylvania, the United States District Court, refused to dismiss a case brought by parents of a student who was sexually assaulted by a teacher.  The parent suit alleges that the failure to report child abuse, the failure to intervene, and the failure to properly train school personnel violated the rights of the student under the Fourteenth Amendment of the U.S. Constitution and Title IX of the Educational Amendments of 1972.  The court agreed that enough facts exist on which liability might be based.  (Doe v. Career Technology Center of Lackawanna County)

• In Oklahoma, administrators with the Edmond Public School District said the number one problem on campus is vaping and the problems that come with it.

• In Virginia, Senate Bill 3 has been passed by the legislature.  The bill prevents students from being charged with disorderly conduct if they misbehave at school or on the school bus.  Until now, disorderly conduct is a Class I misdemeanor under Virginia law, punishable with up to 12 months in jail and a fine of up to $2,500. The Governor must sign the bill to become law.

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Safety Law News for March 11, 2020

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• In California, state officials are acknowledging that the 30-year drop in juvenile arrests is making it necessary to lower funding for juvenile halls and camps that are no longer needed.  In California, the number of juvenile arrests dropped even as the population grew. Youth arrests for violent felonies in the state dropped 68 percent — from 22,601 in 1994 to 7,291 in 2017.  Arrests for homicides dropped 83 percent — from 382 in 1995 to 63 in 2017.  A Report by the U.S. Department of Justice confirms a similar national trend.

• In Florida, officials in Orange County will fund an additional $1.9 million to hire more school resource officers.  This will bring the total number to 155 SROs deployed to 121 schools.  The decision is in response to a 2019 state law that requires the “bell-to-bell” presence of an armed law enforcement officer on every campus.

• In Wyoming, officials in Wyoming County Schools are introducing Prevention Resource Officers into their high schools.  The officers provide education, safety and support for students, and are available to help them with any problems or conflicts.

• In Virginia, House Bills 1493 and 1495 are being debated by the legislature.  If enacted, retired law enforcement officers will be allowed to continue to receive vested service retirement allowances during a subsequent period of employment as a school resource officer or school security officer.