Uncategorized

Safety Law News for February 6, 2019

by  • 

• In New York, the “Saratoga Parents for Safer Schools” have announced its release of an eight point school security plan which addresses the safety needs of the Saratoga Springs school district.  The plan acknowledges the concerns of parents on both sides of the school security debate.

• In Pennsylvania, the Spring Grove Area School District is the first district in the state to offer a specialized mental health training session for its school-based law enforcement officers.

• In Rhode Island, students and community activists in Providence are calling for the creation of unique safety plans for the Providence Public Schools. The plans would be based on restorative justice, removing law enforcement officers from each school and replacing them with additional guidance counselors.

• In Florida, officials in Broward County have authorized police access to real-time monitoring of students in school via video surveillance cameras. The new policy is in response to the recommendations contained in the report of the Marjory Stoneman Douglas Public Safety Commission.

Uncategorized

Safety Law News for February 1, 2019

by  • 
  • In Tennessee, officials in Cheatham County schools say vaping and e-cigarettes are a growing problem. 65 citations have been issued so far this school year, up from 20 citations last school year. Officials fear that many of the students are becoming addicted to nicotine.  Officials in other states have similar concerns.  In Brevard County Florida, the number of students suspended for tobacco possession has nearly tripled.

 

 

 

  • In California, the United States District Court refused to dismiss a liability lawsuit for harassment under Title IX brought by parents whose children were assaulted by a middle-school student who had a known history of sexually inappropriate behavioral issues. The court ruled that there was no doubt that the school was on notice and acted with deliberate indifference by allowing the bully to remain in school, without taking any remedial action. (J.R. by and Through Ringer v. Lakeport Unified School District)
Uncategorized

Safety Law News for January 29, 2019

by  • 
  • In Florida, the United States Court of Appeals, Eleventh Circuit, held that the Palm Beach County School Board did not violate the rights of its employees by requiring all applicants for substitute teacher positions to submit to and pass a drug test as a condition of employment. The court ruled that suspicionless drug testing was permissible because “ensuring the safety of millions of schoolchildren in the mandatory supervision and care of the state…are compelling concerns.” (Friedenberg v. School Board of Palm Beach County)

 

  • In Pennsylvania, the United States District Court held that a student’s constitutional rights were not violated when school officials expelled him for promoting school violence by threatening to shoot a teacher. The court ruled that language reasonably perceived as threatening school violence is not constitutionally protected. The court also held that school officials must have significant discretionary decision-making ability to maintain a safe environment.  (J.R. by and Through Redden v. Penns Manor Area School District)

 

 

Uncategorized

Safety Law News for January 25, 2019

by  • 
  • In New Mexico, the United States District Court upheld searches by school officials of an entire class after a student reported that someone stole $210. The court held that the pat down searches were “justified at its inception because Defendants possessed reasonable suspicion,” and were reasonable in scope under the standard that searches possess a “moderate chance of finding evidence of wrongdoing.” (Woods v. Rio Rancho Public Schools)

 

  • In New Mexico, the United States District Court held that a school resource officer did not use excessive force when he deployed a taser that struck a special needs student who left campus while running away from school officials. The court ruled that to establish a claim for violation of the Fourth Amendment through excessive force, a person must show both that a “seizure” occurred and that the seizure was “unreasonable. The court concluded that there was no seizure because the student, after being tased, failed to submit and eluded the officer.  (Gutierrez v. Albuquerque Public Schools)

 

  • In Louisiana, the Court of Appeal of Louisiana upheld the finding of liability against both a school resource officer and the city for tortious behavior when 22 elementary school students, who were identified as bullies, were forced to kneel in gravel as punishment. The court ruled that the SRO was acting in his capacity as a police officer and that his tort was attributable to the city because he was at the elementary school at the request of the school. (Carter v. Pointe Coupee Parish School Board)

 

 

 

 

Uncategorized

Safety Law News for January 22, 2019

by  • 
  • In South Carolina, legislation has been introduced that would add an additional 7% tax on all gun sales, to be used to hire school resource officers at every school in the state. House Bill 3109 would supply resource officers in the nearly 600 public schools that are currently without school-based law enforcement.

 

  • In New Jersey, the school superintendent in Tenafly is delaying a decision to implement a school resource officer program after opposition from parents.

 

  • In Virginia, five separate school safety bills are moving through the legislature. HB1725 would require each school board to ensure that all school buildings are up to code. HB1729 would require school counselors to spend at least 80% of their time with students.  HB1732 requires each school to conduct at least one safety/emergency drill each year.  HB1733 requires schools to enter into a memorandum of understanding on the role of the school resource officer.  HB1738 requires architects to approve plans and specifications for new or remodeled schools.

 

Uncategorized

Safety Law News for January 17, 2019

by  • 
  • In Tennessee, the Carter County Sheriff’s Office will be the first law enforcement agency to use a new technology that detects when a deputy’s ballistic vest is shot or stabbed and sends an alert to the department. Every SRO has been provided with a smartphone capable of supporting this technology.

 

  • In Massachusetts, school officials and parents in Methuen are concerned after learning school resource officers could be laid off amidst a budget battle between the Methuen City Council and the police department.

 

  • In Virginia, the Chesterfield School Board has accepted the recommendations of the Safety Task Force asked to evaluate student safety. The recommendations include developing a five-year budget plan to add school resource officers at all schools, increasing mental health staffing, ensuring that crisis plans and school layouts are provided to local agencies, and providing more comprehensive alternative education settings for students.

 

  • In Virginia, Lee County Public Schools filed suit against the Virginia Department of Criminal Justice Services to challenge the state’s refusal to approve a gun registration request for arming a school employee. The Lee County School Board unanimously approved arming selected employees because the county cannot afford more school resource officers to be placed in all the schools.