School Safety Law Blog

• In Washington D.C., the Federal Commission on School Safety released a comprehensive resource guide for school safety.

 

• 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.)

 

• In Washington State, the Wenatchee School Board voted unanimously to return a police department-issued rifle to its school resource officer. The rifle was ordered removed earlier by the Superintendent.

 

• In Florida, the public safety commission investigating the Parkland shooting has documented the security lapses and failures during the tragedy. The report found contributing factors to include (1) the poor response by the school resource officer; (2) the surveillance video that was delayed by 26 minutes; and (3) the failure of local officials to collaborate.

 

• In California, Sacramento County officials are more rigorously enforcing drug laws on public school campuses after increasing reports of students under the influence of drugs in three Folsom City high schools.

 

• In Oregon, the Portland Public Schools board voted to enter into a cost-sharing agreement with Portland Police for nine full-time school resource officers. The decision was reached in a re-vote, after the proposal initially failed to gain the votes necessary for passage. Students from a local high school were vocally opposed to the decision.

• In Congress, the House of Representatives has introduced H.R.7209 – “The School Resource Officer Act of 2018.” The bill would amend the Omnibus Crime Control and Safe Streets Act of 1968 and reauthorize the Department of Justice’s Community Oriented Policing Services program at $300 million in funding per year through 2022.

 

• In Oregon, the Portland Board of Education is holding a series of hearings with stakeholders on a proposed MOU with the Portland Police Department for a school resource officer program. A summary the input from students ranges from: (1) fear and anxiety when viewing uniformed police; (2) lack of understanding about the role of the SRO; (3) the desire to have a dedicated officer as a means to having a meaningful relationship; (4) the belief that the SRO is the key to campus safety from outsiders; (5) desire to have a voice in the selection of the SRO.

 

• In New York, the Governor signed into law a mandated reporting policy that requires all private schools — including charter schools, state-supported and state-operated schools as well as boards of cooperative educational services (BOCES) — to report abuse allegations directly to law enforcement, the child’s parents and the Department of Education. (Bill A08485B).

 

• In West Virginia, officials are considering responses to a report that $100 million is needed to employ the number of mental health workers needed in schools to serve children affected by the ongoing drug epidemic. A study cited by the ACEs Connection, estimates that 26.1 percent of West Virginia children have experienced an adverse childhood experience, compared to 21.7 percent nationwide.