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Safety Law News for January 25, 2019

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  • 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)

 

 

 

 

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Safety Law News for January 22, 2019

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  • 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.

 

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Safety Law News for January 17, 2019

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  • 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.
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Safety Law News for January 15, 2019

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  • In Congress, a bill, called the Promoting Resource Officers Together for Exceptionally Critical Targets with Key Investments in Districts and Schools Act, or “Protect Kids Act,” has been introduced. The legislation sets aside $250 million in matching grants to hire school resource officers.

 

 

 

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Safety Law News for January 10, 2019

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  • In Alaska, the Anchorage School District is reviewing its policies in response to an increase in threats this school year. The school resource officer is given a primary role in conducting interviews, looking at video and having a talk with parents.

 

  • In Florida, Hall County Schools is launching a committee to address the growing use of vaping products among students. The goal is to “try to get parents and the community to see just how serious this issue is.” In some instances, students violating school policy have been found unconscious in bathrooms and transported to the local hospital.
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Safety Law News for December 19, 2018

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  • In Washington State, the Washington Court of Appeals ruled that the search of a non-student’s backpack, due to the smell of marijuana was unreasonable. The court reasoned that the “school search exception,” which under the Washington Constitution allows school authorities to conduct a search of a student without probable cause only applies to non-students if the nonstudent presents a credible threat of physical harm and when the scope of the search conducted is directly related to that threat. (State v. A.S.)

 

  • In Illinois, the Appellate Court of Illinois ruled that school officials did not have to comply with new state law providing procedural safeguards for questioning juveniles. The court ruled that educators were not “other public official[s] or employee[s]” for the purposes of section 5-401.5(a-5) and therefore could freely question a student regarding a drug incident. (In re Jose A.)

 

  • In Ohio, the Ohio Supreme Court refused to reverse an appellate court ruling that found that the non-sworn executive director of safety and security for Dayton Public Schools was acting as an agent of law enforcement, such that Miranda warnings were required, when questioning a student over a bomb threat. (In re L.G.)