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Safety Law News for February 1, 2024

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— In New Mexico, the Court of Appeals of New Mexico, reversed the lower court’s grant of immunity to school officials who allowed a student who returned to school after orthopedic surgery to participate in recess activities, contrary both to school policy and the physician’s orders for the rehabilitation and safety of the student.  A total breakdown of communication from school nurse, homeroom teacher, class teachers, and recess duty teachers resulted in the student suffering serious injury.  The appellate court held that educators had “the responsibility to ensure that all school faculty interacting with the (the student) were aware of his physical limitations.”  The state immunity law did not protect schools from “bodily injury … caused by the negligence.”  Therefore, the appellate court ruled that, “the operational failure to follow school policies and procedures by not keeping (the student) inside and failing to inform all relevant parties of his physical limitations,” waived immunity from a lawsuit.  Vanhorn as Next Friend of Vanhorn v. Carlsbad Municipal School District

— In Virginia, the legislature is considering a school safety policy that would require school resource officers to perform periodic bathroom checks.  The legislation is in response to an incident in which a 6-year-old was sexually assaulted in a school bathroom during an after-school program.  House Bill 1528 will require the police to perform “diligence checks” every 30 minutes “looking out for drug use, sex abuse, everything.”

— In Idaho, the Idaho House of Representatives passed legislation that would allow “any public school employee with an “enhanced” concealed weapons permit to carry a gun in hallways, classes and lunchrooms across the state. “House Bill 415 would require teachers or other employees who want to carry guns to notify their principal, but it does not require them to notify their local school board or students and parents. The Idaho Association of School Resource Officers and the Boise School District opposed the bill, as did other districts and teachers unions.”

— In North Carolina, a Report by the North Carolina Department of Education shows that incidents of criminal activity is rising.  According to the Report, incidents are 38% above pre-pandemic levels.  “Students have reported a rise in mental health issues that are blamed for the increases in bad behavior in schools.”

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Safety Law News for January 24, 2024

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— In Alabama, the Supreme Court of Alabama ruled that a school district was protected from liability by state-agent immunity after a substitute teacher was attacked by students while she was working in the classroom used for students in the alternative-learning program, students in the in-school-suspension program, and students whose possible disciplinary violations school officials had not yet had the opportunity to address discipline.  The court noted that a state agent “shall be immune if his or her conduct involved… exercising his or her judgment in the discharge of duties imposed by statute, rule, or regulation in … educating students.”  The court clarified the main issue, namely that, “(e)ducating students includes not only classroom teaching, but also supervising and educating students in all aspects of the educational process.”  The court held that the immunity of school officials can only be abrogated in circumstances in which “the State agent acted willfully, maliciously, fraudulently, in bad faith, or beyond his or her authority.”  Here, the court ruled, the teacher had not shown that the school, “acted beyond their authority by not following established policies and procedures” and so the rules of immunity would apply.  Ex parte Louie

— In Texas, officials in the Midway ISD plan to create its own police force to increase school safety.  “There could be two school resource officers at the district’s high school and one at each middle school, along with a police chief.”  This will solve the problem of identifying and retaining officers through the local police department and allows the schools to focus upon “a rise in students vaping at school.”

— In Washington State officials in King County are implementing a ‘Safer Schools Strategy’ to upgrade their crisis plan after a 2022 tragic shooting at a high school.  The main features comply with longstanding provisions of state law: “notifying the schools when a student is charged with a felony involving a firearm in the community…providing information about court conditions that the student might be on… making sure the school has a way to reach the probation officer.”

— In North Carolina, the Charlotte-Mecklenburg School board approved a policy to provide Narcan to every school. “State health data shows less than 20 percent of overdose deaths happen in people younger than 25, but CMS leaders reported…that nearly 720 incidents in which students were caught with controlled substances during the 2022-23 school year.”  “School nurses, school resource officers, and other staff members in every school will receive training on how to administer Narcan.”

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Safety Law News for January 16, 2024

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— In Oklahoma, the United States District Court, held that the state policy of separating the use of male and female restrooms and changing areas in public schools based on a student’s biological sex did not violate the rights of students who identify as transsexual.   The policy states that, “(t)o ensure privacy and safety, each public school and public charter school that serves students in prekindergarten through twelfth grades in this state shall require every multiple occupancy restroom or changing area designated as follows: 1. For the exclusive use of the male sex; or 2. For the exclusive use of the female sex. Each public school or public charter school in this state shall provide a reasonable accommodation to any individual who does not wish to comply with the provisions of subsection B of this section. A reasonable accommodation shall be access to a single occupancy restroom or changing room.”  The court held that the Equal Protection Clause did not invalidate the law because, “(s)eparating students based off biological sex (which both parties agree the statute does) so that they are able to use the restroom, change their clothes, and shower outside the presence of the opposite sex is an important governmental objective…and (the state policy) is substantially related to achieving that objective.”  The court ruled that the state policy did not violate Title IX because “(a)t the time Title IX was enacted, the ordinary public meaning of “sex” was understood to mean the biological, anatomical, and reproductive differences between male and female. It is up to Congress to change that meaning, not this Court.”  Eli Bridge v. Oklahoma State Department of Education

— In Tennessee, school safety legislation introduced would enable law enforcement agencies to assign police to schools.  House Bill 1664, “would change the current law, enabling law enforcement agencies to assign resource officers to schools who had not previously requested one.”

— In Ohio, the number of school districts registered to give non-police staff access to guns has nearly tripled since the spring of 2023.  This finding, by the Ohio School Safety Center, comes after a new law that allows teachers to access guns in schools without undergoing Ohio police officer-level training.  “The state has around 610 school districts, so roughly 10% of Ohio districts have opted in.”

— In West Virginia, legislation has been enacted to allow veterans, retired police officers to provide armed security in schools.  Senate Bill 143.  “The bill allows county boards of education in West Virginia to contract with honorably discharged veterans or former state troopers, sheriff’s deputies, or federal law enforcement officers to provide public safety and security on public school grounds and buildings.” Importantly, “The (person) would not be a school resource officer or considered law enforcement, nor would they have arrest power.”

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Safety Law News for January 5, 2024

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— In North Carolina, the Court of Appeals of North Carolina reversed the adjudication of a student because of an error by a trial court judge who allowed the student to testify “without advising him of his right to remain silent or that his testimony could be used against him.” The thirteen-year-old student was temporarily assigned to an alternative school program during which time he was not allowed to attend any athletic functions or other extracurricular activities.  However, the student violated the prohibition and was caught attending a football game.  A school resource officer asked him to leave. But the student remained in the parking lot. A school administrator asked him to leave the area. Together the officials forced the student to depart.  The court adjudicated the student for second-degree trespass and disorderly conduct at a school event.  When the student was called to testify at trial, the judge, “did not, at any time, engage in any sort of colloquy with (the student) as to whether he understood the implications of testifying, which constitutes error.”  The appellate court ruled that, “the plain language of (state law) places an affirmative duty on the trial court to protect the rights delineated therein during a juvenile delinquency adjudication.”  Matter of G.J.W.L.

— In Illinois, Chicago Public Schools principals take issue with board’s plan to remove police officers.  “Of the 40 high schools that voted on the question of resource officers during the present school year, 39 voted to keep police officers in their schools. Principals are now pushing back and wondering why the decision isn’t going to remain theirs.”

— In Alabama, The Calera Police Department has developed the new student intervention program led by its school resource officers. The Calera Accountability and Success through Education program (CASE) is designed to “educate students on the dangers facing the youth today like vaping, drug use, and bullying.”

— In Texas, the Hutto ISD is upgrading persons who have served as campus safety officers with the district for at least a year as a full-fledged police officer.  This policy will help solve the problems of a limited supply of police officers.  New state laws require every school to have an officer.

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Safety Law News for December 18, 2023

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— In Tennessee, the United States Court of Appeals affirmed the liability of  a school district under Title IX for its deliberate indifference to threats made against a student and her family after she reported student-on-student threats and harassment.  The case arose when a fellow-student coerced the victim into a classroom where a sexual assault took place.  Another fellow-student recorded the incident and placed it upon social media.  School officials initially worked with the parent of the victim and the police department. However, later telling the student that in the face of continued harassment from other students and the continued circulation of video on social media, that the parent should “take it up with the detective.”  Both the trial court and the appellate court found that “under Title IX, schools can face liability for “deliberate indifference to known acts of student-on-student sexual harassment where the harasser is under the school’s disciplinary authority.”  Under this standard “indifference claims have two facets: “before” claims, regarding the school’s conduct before the student victims were harassed, and “after” claims, concerning the school’s conduct after the student victims were harassed.”  The appellate court held that when a student shows: (1) that the school maintained a policy of deliberate indifference to reports of sexual misconduct,”(2) and that indifference creates a heightened risk of sexual harassment that was known or obvious, (3) and the risk of harassment is subject to the school’s control, and (4) as a result, the she suffers harassment that is so severe, pervasive, and objectively offensive that it can be said to have deprived the plaintiff of access to the educational opportunities or benefits provided by the school, then the school is liable under Title IX.  S.C. v. Metro. Gov’t of Nashville.

— In Tennessee, special emphasis is being placed upon crisis intervention training with school employees. “Crisis intervention training focuses on showing first responders how to de-escalate situations and how to identify substance use disorders or other kinds of behavioral challenges. The goal of the training is to improve the outcome of a mental crisis.”

— In California, the Santa Rosa City School Board is implementing a pilot program to bring school resource officers back to its campuses. “Several students told board members they surveyed their classmates and found that 90% of the more than 570 students surveyed want to bring police back to campus, permanently.”

— In Alabama, police officers deployed in the Calera schools in Shelby County are teaching vape cessation classes for students with addictions.  The voluntary “eight-week course is called the ‘Not on Tobacco Program’, and covers everything from the dangers of vaping to the harmful effects and how to quit.”

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Safety Law News for December 15, 2023

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— In Alabama, the Supreme Court of Alabama denied immunity to a teacher who was accused by a student of assault and battery.  In refusing to dismiss the student’s liability lawsuit, the court held that the teacher, “used a form of corporal punishment when she held (a student’s) arms behind his back, told (another student) to hit (him) …in the face.”  The court ruled that the Alabama immunity law provides that:

“So long as teachers follow approved policy in the exercise of their responsibility to maintain discipline in their classroom, such teacher shall be immune from civil or criminal liability.”

Previous court decisions gave a broad scope to this law, holding that punishments of students other than paddling as “corporal punishment,” e.g., hitting a student on the back with her hand, a coach’s hitting his players with his fists, and using corporal punishment on a student for making a bad grade.  All were considered violations of Alabama corporal punishment law.  The court also denied “schoolmaster’s immunity” because “although (a) schoolmaster is regarded as standing in loco parentis and has the authority to administer moderate correction to pupils under his care…(a teacher is) guilty of an assault and battery, (when they) inflict on the child immoderate chastisement…with legal malice or wicked motives.”  Finally, the court held that the teacher was not entitled to State-agent immunity because she “acted beyond her authority.” Ex Parte Smith (In Re: Latisha Bolden, as mother and next friend of T.B., a minor v. Arnetta Moore et al.)

— In Pennsylvania, the state Senate approved a bill requiring public school districts to have at least one full-time armed security officer on duty during school hours to enhance protection of students and staff. The proposed policy “would apply to intermediate units, career and technical schools, charter schools and private residential rehabilitation institutions as well.” It would “leave it up to the school’s discretion whether an officer would be at extra-curricular activities.” It also allows school entities to apply to the Pennsylvania Commission on Crime and Delinquency for a waiver from the mandate if they are unable to fill the position after making a good faith effort.

— In Missouri, schoolteachers and administrators would be allowed to carry concealed firearms or self-defense spray devices under proposed legislation. They would be called “school protection officers.” Some local superintendents have expressed concerns about the bill: “Teachers and school leaders already have a huge responsibility to educate students…It is more appropriate for law enforcement and school resource officers to handle security matters.”

— In Colorado, the Denver School Board, comprised of new members in-part, are implementing policies to improve school safety by enhancing coordination between deans, administrators and police.  Under the policy, “school leaders, such as principals and deans, (will) undergo the same 40-hour training SROs receive.”  The Superintendent will have “the authority to remove an SRO for not adhering to district policy and the discipline matrix.”