School Safety Law Blog – Page 74 – News and Information for School Safety

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Safety Law News for March 13, 2018

by Bernie James • March 13, 2018

In Florida, the Governor signed into law legislative reforms to school safety, mental health and gun-control measures. Part of the $400 million allocated in the law will be used to hire and train more school resource officers and mental health counselors and install extra safety equipment.

In Arkansas, the Arkansas School Safety Commission will recommend school safety policy and campus design practices after the recent school shooting in Parkland, Florida. On the list of issues will be a recommendation on procedures necessary to deputize staff members.

In Florida, officials in Flagler County schools will be ramping up from six to 13 full-time school resource officers. This will allow for one deputy assigned to each elementary and middle school, two to each high school and one supervisor to float between campuses.

In Tennessee, the Tennessee School Safety Task Force disclosed data that show that Tennessee has more than twice the national average of incidents where students bring firearms to school and just 865 school resource officers for the state’s nearly 1 million students.

In Congress, two bills have been introduced to enhance school safety. H.R. 5185, or the Protect America’s Schools Act, would appropriate $1.5 billion for the Community Oriented Policing Services’ School Resource Officer program. The COPS program helps provide grant funding, technical assistance, and resources for local government agencies to staff schools with SROs. H.R. 5186, or the Veterans Securing Schools Act, would allow state or local veterans to serve as school resource officers.

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Safety Law News for March 8, 2018

by Bernie James • March 8, 2018

In Florida, the legislature has approved and sent to the Governor SB 7026 — the “Marjory Stoneman Douglas High School Public Safety Act.” The legislation would raise the age to buy all firearms to 21 and impose a three-day waiting period for most gun purchases — and potentially put guns into the hands of some educators.

In Indiana, the Boone County Board of Education, Walton-Verona Independent School District, Boone County Sheriff’s Office, and Boone County Fiscal Court made a joint announcement that all Boone County and Walton-Verona schools will have an armed officer on every campus starting next school year.

In Maryland, the Governor is using executive action to implement new school safety policies. He will provide an additional $50 million for school safety grants, which could be used for a number of safety improvements including armed school resource officers.

In North Carolina, the Rockingham County Sheriff’s Office is implementing a new volunteer program aimed at former law enforcement or military officers to serve as armed volunteer school resource officers.

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Safety Law News for March 2, 2018

by Bernie James • March 2, 2018

In Florida, the Hernando County school board voted to add additional officers at schools in response to the Parkland tragedy. Only 13 of their 23 schools had school resource officers. The policy is effective immediately. The officers will be in place as soon as possible.

In Ohio, legislation is being considered again that will standardize the qualifications and training for police officers serving as school resource officers. House Bill 318 would require that new school resource officers receive at least 40 hours of training through either the National Association for School Resource Officers or the Ohio Association for School Resource Officers.

In Alabama, the Tuscumbia Board of Education is teaming up with the City of Tuscumbia Police Department to implement a school resource officer program. Officers will be assigned immediately to the high school and middle school, but will also patrol the halls of the elementary schools.

In Massachusetts, officials in Yarmouth have revised the policies regarding the 31 year-long school resource officer program. School Resource Officers will now be in full uniform each day. They will also have access to long weapons which can match and overcome the weapons used in the most recent school shootings.

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Safety Law News for February 23, 2018

by Bernie James • February 23, 2018

In Indiana, the Indiana Court of Appeals suppressed the statements of a student to a school official admitting placing graffiti on the walls of the boys’ restrooms. The administrator immediately told a police officer, who entered the office, spoke to the student and arrested him. The officer did not advise the student of his constitutional rights nor contact a parent. [D.Z. v. State of Indiana]

In Rhode Island, legislation is being introduced to amend the education code to require one school resource officer in every public school, and to require two officers when the school’s student body is more than 1,200.

In Florida, the Broward County Sheriff is implementing a new policy that allows deputies guarding county schools to carry rifles, including AR-15s. The officers will keep rifles locked in school offices during the day and take them home at night.

In Arkansas, the United States Court of Appeals for the Eighth Circuit ruled that parents of a student who died by suicide failed to show that school district acted in bad faith by failing to adequately protect him from being bullied as required to state a claim under § 504 of the Rehabilitation Act, 29 U.S.C. § 794. [Estate of Barnwell v. Watson]

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Safety Law News for February 20, 2018

by Bernie James • February 20, 2018

In Ohio, the Ohio Court of Appeals upheld the suppression of statements made to police by a juvenile during an interrogation. The court ruled that the juvenile’s waiver of his Miranda rights was not valid because (1) his first and primary language was Spanish, (2) he had just turned 16 when the interrogation occurred, (3) he was a poor student repeating the ninth grade, (4) he had no previous contact with the police, and (5) school officials did nothing to ensure that suspect’s parents were aware of the situation. [State v. Pablo]

In New Mexico, the United States District Court ruled that a student had a valid claim under Title IX for retaliation when school officials refused to intervene to stop harassment from other students, obstructed the police investigation, and told her parents that a school transfer would not go through until the family signed documents releasing the school from all civil claims. [Higgins v. Saavedra].

In California, the United States District Court ruled that a school district bears a legal duty to exercise reasonable care in supervising students and may be held liable for injuries caused by the failure to exercise such care. The court refused to dismiss a claim by a student that the school’s inadequate supervision allowed a known bully to harass and inappropriately touch him. [Wormuth v. Lammersville Union School District].

In New York, a New York State senator is calling for the upcoming state budget to fund school resources officers in all New York schools. Under the proposed plan, the state would incentivize school districts to hire the officers and move to convert existing part-time positions into full-time positions.

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Safety Law News for February 16, 2018

by Bernie James • February 16, 2018

In Pennsylvania, the Commonwealth Court of Pennsylvania ruled that school officials had reasonable suspicion to compel a urinalysis drug test and later to terminate a teacher, who tested positive for cocaine metabolites. [Metz v. Bethlehem Area School District]

In Wisconsin, the Assembly Committee on the Judiciary held a public hearing for Assembly Bill 693 (AB 693), also known as the Teacher Protection Act. The legislation proposes to require schools to notify police about any assault; require police to notify a school when a student has been taken into custody; give teachers the right to remove students from classrooms; and allow teachers to use reasonable and necessary force with civil immunity.

In South Carolina, after new officers from the Conway Police Department graduate from the police academy, they are required to spend the last two weeks of field training in local middle and high schools, shadowing school resource officers. The new policy is designed to improve relationships with students and help prevent crime in and outside the classroom.

In California, the role of school-based law enforcement in San Jose is changing under a new agreement between school districts and the police department. Effective immediately, the resource officers are to focus on safety and security of students and staff and not routine student misbehavior.