School Safety Law Blog – Page 80 – News and Information for School Safety

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Safety Law News For August 1, 2018

by Bernie James • August 1, 2018

In a new national report on school quality and safety, WalletHub ranks all 50 states. School safety — 20 percent of the score — was based on incidents of armed students, bullying, and laws that mandate school resource officers. In the “safety” category, Massachusetts ranks number 1. Arkansas ranks number 50.

In Wyoming, officials in Casper announced a plan to increase the number of officers in schools. Once the plan has been fully instituted, the number of cops working in schools will roughly match that of a typical Casper patrol unit and may necessitate a change to the department’s command structure.

In Alabama, the State School Superintendent sent a memo to all district superintendents outlining the requirements for arming school administrators. If a local board of education wants to arm an administrator, they will need to purchase the gun, the specially-designed vest the administrator will have to wear when using the gun, and the biometric safe the gun has to be stored in on a school’s campus.

In Florida, Marion County Public Schools approved a new policy to nearly triple the number of school resource officers. The district plans to place 56 school resource officers on campus beginning next month. That’s up from 18 last year. The change will cost just under $4 million.

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Safety Law News for July 27, 2018

by Bernie James • July 27, 2018

In Florida, officials with the Marion County Public Schools approved a new policy to nearly triple the number of school resource officers. The district plans to place 56 school resource officers on campus beginning this fall. That’s up from 18 officers last year.

In Ohio, the Lakota School District is almost doubling its school resource officers from 10 to 18. The eight new officers will allow the district to cover every campus. The officers will be pulled from the West Chester Police Department and the Butler County Sheriff’s Office.

In Washington, D.C., President Trump’s School Safety Commission explores privacy laws, and collaboration between school officials and school resource officers in hearings to determine federal policy on school safety.

In Wisconsin, a special policy committee created by the Madison School Board is looking to develop a safety plan. It rejected a proposal to replace school resource officers with a liaison program. Instead, the committee is looking to develop a safety plan for the district that incorporates a relationship with the Madison Police Department.

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Safety Law News for July 24, 2018

by Bernie James • July 24, 2018

In Virginia, the Governor announced that an additional $1.3 million will be available to schools to fund more school resource officers in the state.

In Indiana, the Governor announced a state program aimed at providing over 3,000 hand-held metal detectors to schools.

In Virginia, the Lee County School Board voted unanimously to allow teachers to carry firearms at school to defend against potential threats, the first county in Virginia to do so.

In Arkansas, the Batesville School District will allow staff members to carry guns during the upcoming school year. Each staff member must complete 110 hours of training, testing, certification, and must go through intense physical and psychological evaluations.

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Safety Law News for July 17, 2018

by Bernie James • July 17, 2018

In California, the California Court of Appeal ruled that the juvenile court probation condition allowing the monitoring of a juvenile’s electronic communications and social media was valid. The court reasoned that the conditions were tailored to his individual circumstances and public safety interests and were reasonably likely to yield evidence of continued contact with gang members regarding drug use or other criminal activity. (In re Juan R).

In Utah, the United States District Court ruled that school officials did not violate the rights of a student who was removed from the cheerleading squad for improper social media usage. The court held that there is no constitutional right to be a cheerleader and the school can impose restrictions on the student to be on the squad. Cases involving suspension are inapplicable when a student is merely dismissed from an extracurricular activity. The school held cheerleaders to a higher academic and conduct standard. (Johnson v. Cache County School District).

In Louisiana, the Court of Appeal of Louisiana held that the School Board’s decision to terminate an administrator’s tenured employment, based on an alleged violation of the policy prohibiting corporal punishment, violated the rights of the school official. The court ruled that School Board policy prohibited the infliction of corporal punishment on a student; however, also expressly allowed educators and administrators to use “reasonable physical force and restraint to stop a disturbance threatening physical injury to others, to obtain possession of dangerous or contraband objects from students, for the purpose of self-defense, or for the protection of persons or property.” (Dr. Calvin Nicholas v. East Baton Rouge Parish School System).

In Texas, Hallsville ISD trustees approved a resolution Monday night to arm administrators and provide intervention counseling for “red card” students starting in August 2019.

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Safety Law News for July 13, 2018

by Bernie James • July 13, 2018

In Connecticut, officials in North Haven are expanding the school resource officer program immediately. The decision comes after hundreds of residents overwhelmingly voted at town meeting to approve an ordinance that would assign an SRO to each building.

In Pennsylvania, officials from the Plum School District want to establish their own in-school police force. The school board wants officers with experience working with people, using firearms, and with training on deescalating situations. The Allegheny County Court of Common Pleas would have to grant permission before the five guards and a supervisor can be hired.

In Maryland, the United States District Court upheld a claim for gross negligence filed by parents of a student with asthma who died when she was denied access to healthcare at school. The court ruled that the educators were not just aware of a serious risk to the child, but were faced with a specific, imminent threat to the child’s life, were aware of a specific treatment that would have resolved that threat, but deliberately chose to prevent the child from obtaining that treatment. (Grant-Walton v. Montgomery County Board of Education).

In the District of Columbia, the United States District Court held that the school policy requiring the random, suspicionless drug testing of employees was a violation of the Fourth Amendment. The court ruled that although the District had a sincere interest in protecting children, this interest did not justify the random urinalysis of teachers. (Ass’n of Indep. Sch. of Greater Washington v. D.C.#1).

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Safety Law News for July 9, 2018

by Bernie James • July 9, 2018

In Indiana, the Indiana Supreme Court ruled that an assistant principal was not acting as an agent of police when he interviewed a student, and thus Miranda warnings were not required. (D.Z. v. State)

In Indiana, the Indiana Supreme Court held that during an interview conducted by both a vice principal and a school resource officer, the juvenile, a middle-school student suspected of making a bomb threat, was in police custody for Miranda purposes. (B.A. v. State)

In Maryland, the Special Court of Appeals held that a state law prohibiting a person from displaying obscene items to minors did apply to a juvenile who sent her friends via a text message a digital video file of herself engaging in sexual conduct. However, the court ruled that transmission of the video by text message from one mobile phone to two others did not fall within the language of a poorly written statute. Therefore, the adjudication of the juvenile was vacated. (In re S.K.)

In Texas, the United States Court of Appeals for the Fifth Circuit ruled that an assistant principal, who ordered a strip-search of twenty-two female students, violated the girls’ constitutional rights. The court ruled that the school district could also be liable for permitting its employees to conduct invasive searches without providing training as to how to do so. (Littell v. Houston Independent School District)