Safety Law News for February 26, 2019

• In North Carolina, the Boilings Springs Police Department is replacing the Cleveland County Sheriff’s Office in the school resource officer program.  School officials said that having local officers on campus, familiar with the community, was making a real difference.

• In Texas, the Austin ISD is refusing to make public an audit of the school district police department.  A law firm conducted the audit for the district in 2018 after a grievance was filed against the police department.  School officials believe that the audit is confidential and protected by attorney client privilege.

• In Ohio, a Butler County judge indicated that he is inclined to side with officials from the Madison School District in a lawsuit filed by parents who challenged the new policy of arming teachers and staffers.

• In Florida, teachers in the Broward School District are eager for revised safety measures after a student tries to shoot a BB gun at school.  A counselor was the target of the sixth-grader’s anger, pulling the trigger twice, but the gun failed to fire.  The school district in August decided not to employ metal detectors after advice from consultant Michael Dorn, executive director of Safe Havens International wrongly led them to believe that it could create a liability issue.

Safety Law News for February 12, 2019

• In California, the Salinas City Elementary School District, for the third time, rejected a school resource officer program.  The 4-0 vote, with one abstention, reflects the community’s disapproval of the presence of police on their campuses.  One board member is opposed to the access police will have to student information if the district implements a program.

• In Maryland, the Baltimore City School Board is discussing again the issue of whether police officers should be armed inside schools during the school day, something the school board has unanimously rejected.  The campus shooting of a special education teacher by a visitor to the school on February 8, 2019, is spurring calls for a new policy.  The unarmed school police officer had to call for help.

• In Massachusetts, officials in Worcester are reporting that juvenile arrests continue to trend down for males and females as well as for all racial and ethnic groups.  School-based arrests have also declined. The Superintendent attributes the decrease to three factors: school resource officers who have developed positive relationships with students and staff; prior misreporting of arrests statistics; and a policy change that made disrupting a school assembly a nonarrestable offense.  The results are consistent with the Worcester Youth Violence and Prevention Strategic Plan.

• In Georgia, the legislature has approved a midyear budget adjustment that increases funding for school safety.  It allocates $30,000 for each public school in the state for increased security measures, including school resource officers. It also includes over $8 million for mental health resources.

Safety Law News for February 8, 2019.

In Washington State, officials in the Spokane Public Schools are under criticism for hiring a school resource officer who’s repeatedly been accused of using excessive force.

In North Carolina, the report by the school safety committee created by the Governor after the Parkland, Florida school shootings says North Carolina needs to be proactive and provide money to have an armed police officer at every school in the state.

In Florida, the Clay County School District is quickly implanting a plan to create its own police force.  The plan calls for hiring 47 staff members, including a Chief, two Lieutenants, four Sergeants, 36 School Resource Officers, three Relief SRO’s, and one Detective.

In Kentucky, the Senate Education Committee began consideration of Senate Bill 1, the “School Safety and Resiliency Act.”  The legislation on school safety is a top priority of the session.  The parents of two Kentucky teenagers killed on January 23, 2018 at Marshall County High School made emotional pleas to officials for the state to put more money into protecting students.

Safety Law News for February 6, 2019

• 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.

Safety Law News for February 1, 2019

  • 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)

Safety Law News for January 29, 2019

  • 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)