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Safety Law News for April 23, 2019

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In Pennsylvania, the Pennsylvania Supreme Court held that negligence by school officials that renders the campus unsafe fall within the exception to governmental immunity.  The school was found liable for injuries to a student participating in a relay race during gym class who tripped and fell, causing him to propel into the wall at the end of the gym.  (Brewington for Brewington v. City of Philadelphia)

In Alabama, Senate Bill 255 and House Bill 209 were approved the Senate.  If enacted retired law enforcement officers will qualify to become school resource officers without having to be certified, as is currently required of school resource officers. Each retired officer must have at least 25 years of experience and been retired in good standing.

In New York, the New York Supreme Court ruled that schools may be held liable for injuries related to the absence of adequate supervision.  Liability for injuries to a student beaten on a school bus would be appropriate if the perpetrator’s disciplinary record placed the school on notice.  The court held that the standard for determining whether a school has breached its duty is to compare the school’s supervision and protection to that of a parent of ordinary prudence placed in the same situation and armed with the same information.  (Palopoli v. Sewanhaka Central High School District)

In Indiana, the Board of Education for the Clark-Pleasant Community School Corporation is creating its own police department, which will supplement the school resource officers already in place.  The district plans to spend about $650,000 annually on salary and benefits for the school’s officers, as well as the new director and an administrative assistant.

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Safety Law News for April 19, 2019

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In Michigan, the U. S. District Court held that parents of a seven-year-old child with attention deficit hyperactivity disorder were entitled to sue a school resource officer and the City for placing the child in handcuffs in response to a disability-induced episode.  The court held that liability is appropriate when police fail to train its officers on appropriately interacting with juveniles who may have a disability.  Intentional discrimination may be inferred from the likelihood that inadequate training will result in a violation of federally protected rights. (McCadden v. City of Flint)

In Massachusetts, the United States District Court held that police had probable cause to arrest a student who posted threatening messages using a school computer. Massachusetts law makes it a crime to “communicate… a threat thereby causing either the evacuation or serious disruption of a school… or serious public inconvenience or alarm.”  Massachusetts Rev. Stat. 269, § 14.  The court reasoned that police could reasonably have inferred that an attack would take place at the high school, since the post appeared to be directed toward fellow students.  (D’Ambrosio v. City of Methuen)

In New York, the New York Supreme Court ruled that parents may sue a school district for  injuries to their child from an attack by fellow students on a school bus.  The court held that schools are under a duty to supervise students and can be held liable for foreseeable injuries related to the absence of adequate supervision.  The court reasoned that a school is bound to take energetic steps to intervene and that a school bus company owes the same duty to the students.  (Williams v. Student Bus Company, Inc.)

In Utah, the Salt Lake City Police Department released a Report by the International Association of Police Chiefs that recommends that rifles be locked in a safe inside schools for easier access by school resource officers in the case of an emergency.

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Safety Law News for April 16, 2019

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• In Tennessee, the U.S. District Court held that a school district can be liable for failing to protect students from danger when officials fail to intervene to eliminate a dangerous condition.  The court reasoned that the crash of a school bus, in which six students were killed, was connected to the principal’s failure to act in response to multiple complaints that the bus driver drove his school bus in a dangerous fashion. (M.S . by Covington v. Hamilton Cty. Dep’t of Education).

• In New York, the New York Supreme Court held that restrictions limiting a father’s access to school were valid.  The court ruled that the restrictions were rationally related to the in loco parentis authority of the school.  The father was a Level III sex offender convicted of rape against a juvenile, which meant that he posed the highest possible risk.    The restrictions were not a blanket prohibition from entering school but required prior notice and that the father be accompanied by school safety agent.  (Lujan v. Carranza).

• In Michigan, school officials at Mattawan High School are implementing a new policy of searching students found loitering in bathrooms as a means to crack down on e-cigarette use, also known as vaping.  A letter sent to parents gave notice of the intent of educators to send to the administrative office to be searched students who congregate and loiter in the bathroom or multiple students who gather in a closed bathroom stall.

• In Indiana, the Board of Education for the Perry Central Community School Corporation voted to create an in-house, school-based police department.  The goal of the policy is to make the school-based officer more effective in keeping the campus safe, better trained on school law enforcement, and a consistent presence on campus to build rapport with the students.

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Safety Law News for April 11, 2019

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• In New York, the City of Poughkeepsie plans to create a community policing unit and implement a school resource officer program in the schools.  The police chief believes that the addition of a school resource officer and a community policing unit will help build better connections in the community.

• In Florida, parents of students killed and injured in the 2018 shooting at the Broward County Marjory Stoneman Douglas High School have filed more than 20 lawsuits, alleging negligence by the Broward Sheriff’s Office and the School Board.

• In Montana, the legislature endorsed a new policy to allow rural schools to independently hire an armed school marshal and set training standards.  Law enforcement officers around the state do not believe the school marshals will be able to react adequately to a school crisis.  The Governor has not said whether he will sign the bill.

• In Oklahoma, the Senate has passed a proposal that allows school districts to authorize personnel to carry a handgun on school property.  House Bill 2336, approved by the house in March 2019, now goes to the Governor.  Under the provisions of the legislation, school employees would be required to obtain a valid armed security guard license or hold a valid reserve peace officer certification.

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Safety Law News for April 9, 2019.

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In Pennsylvania, school resource officers in the Erie School District will begin carrying Tasers in schools after receiving training.  Under current policy, the Tasers will be used on intruders who enter school buildings and cause disturbances at events.  Policy does not allow use on students except in an extreme case.

In Connecticut, the Connecticut State Police are training police and educators to train parents on the dangers of social media.  The curriculum focuses on the risks of certain online apps and how keep juveniles safe online.  The list of troublesome apps includes apps like Whisper, Sarahah, Burn Book, Hot or Not, Kik, House Party, TikTok, Fortnite, Minecraft, Roblox, Bumble, Grindr, Tinder, and Hidden Calculator.

In New York, a new agreement between the Lockport City School District and the City of Lockport will extend the SRO program into a 12-month job and increase funding to provide another officer. The school board approved the changes to allow the officers to more effectively build relationships and participate in school sponsored events.

In Ohio, school police and educators in southwest Ohio are receiving training on how to best combat the epidemic of vaping by students.  The training program was created by two students from the Butler Technology and Career Development School.  It includes advice such as watching for students who frequently complaining about headaches (a vaping withdrawal symptom), and extending prevention programs to elementary schools where children are at risk of flavored, nicotine-based inhalants.

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Safety Law News for April 5, 2019

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• In Tennessee, the legislature has made Tennessee the first state to fund the placement of a school resource officer in every public school.  House Bill 947 and Senate Bill 803 creates a recurring school safety grant fund of $40 million to place school resource officers in the nearly 500 schools that don’t currently have an officer on campus.

• In Utah, officials at the Unified Police Department of Greater Salt Lake have created a mobile app that links students and parents to educators and school resource officers.  The Unified Police Department Mobile App allows users to click on links to report incidents, receive information, and obtain the phone number and email of the school resource officer.

• In Connecticut, over 300 Hamden residents have signed a petition opposing the plan of the mayor to fund two school resource officer positions for Hamden City elementary schools.  The parents believe that school-based police are not effective at making schools safer while minority student groups are negatively impacted by the presence of the police.

• In Florida, the Lee County School District plans to hire safety and security attendants to monitor restrooms at high schools.  School officials are trying to crack down on vaping and the malicious messages and threats on restroom walls.