School Safety Law Blog

In Texas, the Texas Court of Appeals ruled that a school resource officer acted in good faith and did not engage in an excessive use of force in discharging pepper spray during an altercation at a high school soccer game.  The court held that the good faith standard does not penalize an officer for the need to make a split-second decision to protect himself and the public.  A reasonable officer could have believed using pepper spray under the circumstances was warranted after verbal commands and physically separating the athletes was no longer effective.  (Hernandez v. Blackburn)

In Kentucky, the United States District Court held that a school district may be liable for the criminal actions of its employees when school policy empowers the illegal conduct.  The lawsuits arise out of two cases, involving the same employee, who confiscated student cell phones, searched the phones, found nude photographs, transferred them from the phones, and uploaded them to the Internet.  The court refused to dismiss both cases, ruling that the cases raise the question of whether school policies, training, and supervision make the district vicariously liable to the students. (Malott v. LaRue County School District)  (Bussell v. Elizabethtown Independent School District)

In West Virginia, the Wayne County Sheriff’s Department and the Wayne County Board of Education are bringing back resource officers for Wayne, Tolsia and Spring Valley schools after school officials said response times weren’t up to par to what they should be.

In North Carolina, the State Superintendent of Education announced that it will provide a statewide Say Something Anonymous Reporting System in the 2019-20 school year. The Say Something program is a school safety app designed to teach students, educators, and administrators how to recognize the signs and signals of those who may be at risk of hurting themselves or others and to anonymously report this information.

In Indiana, the Indiana Court of Appeals held that a school official’s failure to follow the Individualized Education Plan (IEP) of a special needs student does not constitute a legal defense for criminal conduct.  The court upheld the adjudication of a student for disorderly conduct and resisting law enforcement arising out of an on-campus disruption.  The court held that although the existence of the IEP and a review of the protocol is relevant to explaining a student’s behavior, its existence would not constitute a legal defense.  (J.C. v. State)

In Louisiana, the Court of Appeal of Louisiana held that educators have a duty to provide reasonable, competent supervision appropriate to the age of the students and the attendant circumstances.  The court reversed the ruling of the trial court in favor of the school in a case where a student was injured during recess while the teacher was using her cell phone instead of supervising the class.  It applied a three-part test for liability: (1) negligence in providing supervision; (2) a causal connection to the accident; and (3) that the risk of unreasonable injury was foreseeable, constructively or actually known, and preventable if a requisite degree of supervision had been exercised.  (Robinson v. St. John the Baptist Parish School Board)

In North Dakota, Bismark officials are celebrating the 44 years of success of the Police Youth Bureau.  The bureau, formed in 1975, is staffed by five civilians. A police lieutenant oversees it, and the six resource officers in Bismarck schools.  Juveniles are referred to the program by school resource officers instead of issuing a citation. It keeps kids out of the juvenile justice system.

In Oklahoma, school officials in Norman are implementing a “trauma-informed” school program.  The goal of the program is to recognize and respond to the signs of traumatic stress in children.  All employees are receiving training in trauma and resilience recognition, as well as suicide prevention.

In Connecticut, the number of Manchester High School students who were arrested and referred to the juvenile justice system dropped sharply during the 2018-19 school year.  Eleven Manchester High School students were arrested in school during the 2018-19 school — less than half of the previous school year’s 28 arrests.  Local officials attribute the reduction to the implementation of restorative justice policies.  More incidents are being handled internally by administrators.

In Kentucky, budget cuts are forcing officials in the Jefferson County Public Schools to eliminate the 17 Louisville Metro Police officers who were serving as school resource officers at some of the district’s middle and high schools. No policies have been announced for school safety for the upcoming year.

In Arkansas, the Green Forest School District is implementing a comprehensive safe school plan.  The plan combines changes to school buildings, including numbered hallways, mirrors to see around corners, special windows, and speed bumps.  Several staff members have been armed.  Each campus has a dedicated police officer.

In New Hampshire, the legislature passed HB 564, establishing gun-free school zones across the state.  HB 564 forbids unauthorized individuals from carrying guns into schools, with exceptions for law enforcement, school resource officers, on-duty members of the armed forces and parents picking up kids – provided the gun remains in the motor vehicle.