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Safety Law News for November 5, 2019

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• In Missouri, the Missouri Court of Appeals upheld the search of a student’s backpack by school officials.  A firearm was found in his backpack during a routine search where all students are required to walk through a metal detector and have their bags hand-searched by either a school safety officer or a teacher.   The court ruled that the search of the backpack was reasonable given the student’s lessened expectation of privacy in the public school setting and the “extremely compelling” interest of educators to ensure safety in public schools. (Interest of L.E.)

• In Florida, the Broward County School District approved a $3.4 million school security contract with Broward Sheriff’s Office that will place at least one armed school resource officer in every school.  The policy will bring the school district into compliance with state law.  The agreement also raises the wages of the officers from $46,000 to $54,700.

• In Indiana, many public schools are not using the hand-held metal detectors provided by the governor’s office in the 2018-19 budget.  Schools do not wish to search all students upon entry to the school.  They are content to rely on trained administrators and school resource officers for reasonable suspicion searches of individual students.

• In Texas, officials for the Manor ISD are creating a school-run police department consisting of 10 officers and one police chief.  The startup cost will be around $700,000.  The goal is to save money, create more safety positions, and “have a police force of employees that work for the district.”

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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.