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Safety Law News for September 22, 2023

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— In the District of Columbia, the United States District Court held that parents of a student “have not met their burden to show that there are triable claims under Title IX” arising out of a sexual assault by a fellow student on campus.  The assault, published widely by news outlets, involved behavior by the Principal that the court deemed “not just unprofessional but appalling… that resulted in real emotional consequences for a teenaged victim,” was reported to the police and the school in a timely fashion.  The school district did investigate the Principal’s conduct, issuing a Notice of Written Reprimand for “endanger(ing) student safety.”  The school district also implemented several corrective actions, including Title IX training for school employees, honoring the request of the student victim for a transfer to another school, counseling services for the student, and “the opportunity to participate in the SYEP Latin American Youth Center Georgetown Program in which (the student would) earn 100 community service hours and pay.”  The court ruled that, “Title IX authorizes damage awards in private lawsuits against recipients of federal education funding only where they are deliberately indifferent to sexual harassment, of which they have actual knowledge, that is so severe, pervasive, and objectively offensive that it can be said to deprive the victims of access to the educational opportunities or benefits provided by the school.” The court concluded that, “the parents cannot show that the District’s response was clearly unreasonable in light of all of the known circumstances given all of the measures it took to investigate the sexual assault and the principal’s remarks, as well as the corrective actions the District took to support Jane Doe and improve its training and resources for students and faculty.” Jane Doe v. District of Columbia

— In the United States Congress, the Stop Overdose in Schools Act was introduced in the House of Representatives “to address the skyrocketing adolescent fentanyl overdose rate.”  The provisions of the legislation would create funding “naloxone training and purchasing and increases naloxone access for school resource officers, security personnel, and school nurses.”

— In Ohio, officials in the South-Western City School District in Franklin County, have approved an agreement for police officers in the schools.  Educators say that, “(s)chool Resource Officers (SRO’s) continue to be an invaluable resource to students and staff in our four high schools…When we are able to integrate law enforcement partners into our high school day, it helps to build positive connections with students they can rely on for life. Whether it be an emergency or sharing a success with an SRO at lunch, this vital school-community partnership helps students better know a friendly face in their community they can go to for support.”

— In Louisiana, officials in the Union Parish Schools are implementing additional safety measures for school-sponsored events after gun incidents.  “At our sporting events, they implemented the clear bag policy and the potential of being searched either through metal detections or pat-downs. Our school-level administrators and school resource officer’s team have started meeting the week of an event to create a security operations plan that’s specific to that event.”

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Safety Law News for September 19, 2023

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In Florida, the District Court of Appeal upheld the adjudication of delinquency of a student who was charged with trespassing within a school safety zone while he was suspended.  The state law provides that, “during the period from 1 hour prior to the start of a school session until 1 hour after the conclusion of a school session, it is unlawful for any person to enter the premises or trespass within a school safety zone or to remain on such premises or within such school safety zone when that person does not have legitimate business in the school safety zone.” §810.0975(2)(b).  “The student was riding his bicycle across the street from his school during school hours when a school resource officer recognized him. The officer knew that (the student) had been suspended and that he was supposed to be at a suspension location away from the school. Moreover, the officer had given (the student) a written trespass warning four days before.”  The appellate court agreed that the student could not challenge the Florida law “as unconstitutionally vague (because) (the student) had reasonable, advanced notice that he was not permitted to be at or on sidewalks across from school while suspended, juvenile and his parents were informed.”  D.M.T. v. State

— In Arizona, the Gilbert Town Council “will vote to approve the use of grant funds to pay for SROs at Mesquite High School and Mesquite Junior High School” as part of a student safety plan that includes $2 million for social workers and mental health counselors to support students.  The Gilbert Town Council will also vote on “an intergovernmental agreement and funding between Gilbert and the Chandler Unified School District for schools.”

— In Missouri, officials in the Excelsior Springs School Board are conducting an audit of their communications system after “an incident in which a middle school student brought a gun to school.”  “(T)he district chose to send home a written letter and email and post updates on social media rather than making phone calls.  “(T)he district is in the process of updating its emergency crisis plans and has secured a grant for a new Raptor alert system (to) improve emergency notifications within the school buildings.” — In Idaho, officials in the Lake Pend Oreille School District were awarded $240,000 in grant funding for campus upgrades.  “The grant allows for multiple safety measures to be implemented, including security fencing, intercom and emergency notification system upgrades, controlled access improvements, and door and hardware upgrades at multiple locations.”  Schools have begun utilizing Raptor, a visitor screening and management system and a tip line has also been established for students and parents to report safety concerns.  Two new security officers will also be hired.

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Safety Law News for September 12, 2023

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In Indiana, the United States District Court granted the motion to dismiss a lawsuit bought by parents whose special needs child who was sexually assaulted by another student in a school bathroom.  The victim, whose “cognitive ability and social skills are like an elementary school-age child, ”told her teacher she needed to use the bathroom, texted the perpetrator that the girls’ restroom was empty.” The perpetrator “arrived five minutes later, and he and (the victim) had sexual contact.”  The parents, asserting claims based on Title IX, argued unsuccessfully that two school districts, which the perpetrator attended, were deliberately indifferent.  The court held that “for a school to be liable under Title IX, the plaintiff must have participated or attempted to participate in the defendant’s educational programs or activities.” Davis v. Monroe County Board of Education.  “(The victim) did not participate—or attempt to participate—in any educational program or activity offered by (the schools)… That places (the victim’s) claim against (the schools) beyond the scope of Title IX.”  The court also ruled that, “deliberate indifference is a high bar that is met only if the school’s response to harassment is clearly unreasonable… a school’s response does not have to be perfect or even successful. Instead, for the school to be liable, its action (or inaction) must constitute an official decision’ to permit discrimination, like when a school learns of a problem and does nothing.”  Dismissal was appropriate because “the actions taken by (the schools) demonstrate that this is not a case when a school learns of a problem and does nothing.” (1) They contacted both students’ parents, the Indiana Department of Child Services, and the Sheriff’s Department. (2) They worked with the victim’s parents and came up with a safety plan.  (3) Teachers were to monitor her interactions with the perpetrator and were informed that her mother wanted them kept apart. (4) School officials reported back to the victim’s mother about these measures. E.C. v. Community School Corporation of Eastern Hancock County

— In Washington State, school officials in the City of Olympia are bringing back school resource officers, quickly answering the demands of parents after 2 lockdown incidents in the early days of the school semester.  “The superintendent and board president announced their intention to bring back these types of community police officers to campuses.”

— In New York, students at Spring Valley High School are holding demonstrations in support of bringing back the school resource officer who was removed as a result of a “political scuffle” between the Mayor of Spring Valley and its Police Chief. 

— In New York, officials for the Buffalo Public Schools and the city police are considering new policies for school sponsored events after four persons were arrested in connection to a series of fights during a high school football game.  The incidents led to the decision to end the game.  The schools now wish to “implement some zero tolerance policies so that all of our spectators know that we’re not gonna tolerate any unacceptable behavior.”  One policy under consideration is to “require all spectators to be accompanied by a parent. Anyone under the age of 18 would have to have a parent with them.”

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Safety Law News for September 8, 2023

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— In Pennsylvania, the Commonwealth Court of Pennsylvania, ruled that a teacher was entitled to an award of ongoing total disability benefits for an injury suffered in the classroom.  The school district was challenging the decision by the Workers’ Compensation Appeal Board to grant the claim and impose penalties in a claim filed by a special education teacher who was injured when a student scratched and her punched in the abdomen, causing an abdominal contusion.  In addition to the physical injuries, the teacher claimed psychological injuries as she was eight-months pregnant at the time.  The Workers’ Compensation Board agreed with the attending physician that both injuries “resulted from a physical injury sustained in the course of her employment.”  The court agreed with the school district that, “the claimant bears the burden of establishing a right to workers’ compensation benefits and proving all necessary elements to support such an award.”  However, the court reasoned that because the teacher “receive(ed) treatment for her work injury, and the symptoms related thereto… the (Workers’ Compensation Appeal Board) did not err in applying the physical/mental standard in this matter.”  Moreover, the court held that the teacher “subsequently developed PTSD that the accepted medical evidence related to the work injury.”  School District of Philadelphia v. Shahyra Smith

— In Arkansas, officials in the Fort Smith School District are implementing “additional safety protocols after responding to two incidents involving (a gun and knife) since the start of the school year.”  “Dean positions have been added to Northside and Southside high schools this year to assist with student discipline, allowing assistant principals to focus on campus safety and improving the school environment.”  And “the district is looking to hire four more school resource officer positions.”

— In Ohio, officials in Xenia “recently authorized the execution of memorandums of understanding (MOUs) with Xenia Community Schools, the Greene County Career Center, and a multi-party MOU with Legacy Christian Academy, St. Brigid School, and Summit Academy Community School for the provision of school resource officers (SROs).”  “The proposed pay plan — 60 percent from the school and 40 percent from the city — for each SRO takes into consideration the amount of time the SRO spends in the school each day with the average school year of 1,440 hours.”

— In New York, officials are sounding the alarm in the Orchard Park Schools of the increase by students using illegal substances, including (1) the accidental ingestions of edibles; (2) use of marijuana; (3) vaping.

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Safety Law News for August 31, 2023

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— In Texas, the United States Court of Appeals, affirmed the ruling of the lower court granting summary judgment to the officer and the school district in a lawsuit where parents alleged that the officials intentionally discriminated against their child based on the student’s disability.  “(The) school resource officer tased a special-needs student who physically struggled with school staff while attempting to leave school following a violent episode (in which he) …punched (a) student in the chest before storming out of the classroom.”  The student’s mother sued the officer and the school district, bringing constitutional claims under 42 U.S.C. § 1983 and disability discrimination claims under the Americans with Disabilities Act and the Rehabilitation Act.  The appellate court agreed with the parents that they were not required to exhaust administrative procedures under the Individuals with Disabilities Education Act (IDEA) before bringing their claims in district court.  Following guidance by the U.S. Supreme Court in Perez v. Sturgis Public Schools, the appellate court announced that, “when a plaintiff seeks a remedy IDEA cannot provide (e.g.,) compensatory damages…his claim was not subject to the IDEA’s exhaustion requirement.”  However, dismissal of the lawsuit was proper because, “plaintiffs can only recover damages under the ADA or § 504 upon a showing of intentional discrimination…(which) require something more than deliberate indifference… intentional discrimination requires at least actual knowledge that an accommodation is necessary… While (the SRO) may have used poor judgment when he tased (the student), (the parents) have failed to create a genuine dispute on the issue of whether (the SRO) intentionally discriminated against (the student) by reason of his disability.”  J.W. v. Paley

— In Minnesota, the law enforcement community along with members of the legislature are calling for a special session to repeal a recent amendment in school resource officer law.  The language of the amendment prohibits school resources officers from “using prone restraint and comprehensive restraint on the head, neck and across most of the torso.”  This language is creating timidity and confusion about liability despite assurances by the Minnesota Attorney General that the law as amended still allows SROs to use “reasonable force” to prevent injuries or death.  The preferred solution is to “revert back to the original language in the statute.”  The Attorney General is correct, e.g., that the immunity provisions of Minnesota law are in full application, supporting well-selected, well-trained, well-supervised officers restraining students under the law as amended.

— In Virginia, Fairfax County school resource officers are being trained to handle the spike in violence and drug use they’ve seen since the start of the pandemic.

— In Texas, officials in the Northwest ISD school board passed a resolution to declare a good cause exception for the House Bill 3 armed security officer requirement, because the district does not have the funds to meet the mandate.  The provisions of HB 3 permit noncompliance if it “is due to the lack of availability of funding or qualified personnel.”  School officials have officers in the secondary schools, but not in the 22 elementary schools.

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Safety Law News for August 29, 2023

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— In Pennsylvania, the United States District Court refused to dismiss a lawsuit against a municipality and an SRO for violating the Fourth Amendment rights of a student.  The student was injured when the SRO deployed a taser to prevent the student, who broke away from the SRO, from running away from a fight in the school cafeteria.  The court’s refusal to dismiss the case was due solely to the failure of the municipality “to provide guidance to officers on the use of force, and specifically the use of tasers, against minors in the school setting.”  Under the appropriate legal standard, “the lack of guidance on the use of tasers on minors in the school setting amounts to deliberate indifference.”  The court agreed with the student that, “the interactions between SROs with minors in schools is vastly different than everyday encounters between police officers and adult citizens. Thus, … the need for a policy or guidance specifically tailored to the use of force against minors in schools, particularly when SROs are equipped with tasers, was so obvious that the failure to enact one amounted to deliberate indifference and resulted in harm to (the student).”  Brown v. Lower Swatara Township

— In Maryland, the Baltimore City Schools have upgraded its resources and budget for school safety.  It has invested in a high-level weapons detection system.  All city schools will be equipped with exterior locking systems.  A new weapons detection system will alert officials if any firearms are on campus.  And salaries of school resource officers in city schools have also been increased.

— In Texas, the legislature has enacted three new polices for K-12 campus safety.  House Bill 114 requires districts to remove students from class and place them in an alternative school if they possess or use an e-cigarette (vapes), or if they sell or deliver vapes to someone else.  If the alternative schools are at capacity, HB 114 allows schools to suspend students. “It applies on school campuses, within 300 feet of school property or at school-sponsored or activities on or off school property.”  House Bill 3 mandates that districts must have a district peace officer, school resource officer or commissioned peace officer at every school during school hours and establishes other safety protocols and requirements.  Districts can claim an exception to the law if they do not have enough funding or qualified police officers to comply, but the school board must create an alternative plan, such as having school marshals or qualified employees serve as police officers.  Senate Bill 763 allows school boards to authorize the district to use part of their annual school safety allotment to hire chaplains to work at their campuses.  Chaplains can serve as mental health personnel, provide behavioral health services or assist with programs related to suicide prevention and intervention.

— In Colorado, at least 14 school resource officers will be at campuses for the Denver Public School District, one of the most significant changes since the gun-related incidents the previous academic year.  The policy is not new; it is a return to school district policy prior to 2020.  In 2020 school officials removed the officers.