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Safety Law News for December 13, 2023

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— In California, the California Court of Appeal reversed the lower court in an important case involving the sexual abuse of a student by school employees.  The lower court dismissed the case, ruling that the school district was not liable because the incidents were unforeseeable.  The rule applied by the lower court was that, “foreseeability require(s) as matter of law that school supervisory or administrative personnel knew or should have known (of) the deviant propensities of the employee that commits the abuse and nevertheless hired, retained, or inadequately supervised him or her.”  In reversing, the appellate court ruled that “(g)iven the special relationship between public schools and their students, LAUSD supervisors and administrators have a duty of care to use reasonable measures to protect students from foreseeable injury at the hands of others.”  Therefore, a more rigorous test applied.  Under the more rigorous test, “foreseeability (does) not require such actual or imputed knowledge about the specific employee, and instead address(es) the foreseeability of risk to students in general from sexual abuse by persons at the school.”  The evidence showed that educators, “fail(ed) to take reasonable measures that would have precluded (their employee) from abusing (students), (e.g.,) employees were not asked for references before being hired… LAUSD personnel avoided taking steps to observe (the employee’s) classroom and become aware what was going on there.”  Therefore, reversal was necessary.  “A special relationship is formed between a school district and its students resulting in the imposition of an affirmative duty on the school district to take all reasonable steps to protect its students.”  R.D. v. Los Angeles Unified School District

— In Wisconsin, police officers are slated to return to Milwaukee Public Schools in January 2024. The Wisconsin legislature enacted a comprehensive set of polices in 2023 WISCONSIN ACT 12 that require the Milwaukee school district to deploy police officers on campus.  The district eliminated police officers from its schools in 2020 for social equity reasons.

— In South Carolina, the legislature enacted House Bill 3360, establishing a school safety center to better train law enforcement and educators on preventing and responding to safety threats. “The Center for School Safety and Targeted Violence will … provide a training location for law enforcement officers in the form of a real school setting.”  Officials announced that, “training will include active shooter exercises as well as behavioral threat assessments with two full-time Behavioral Science Unit agents who will work at the facility.”

— In California, officials in the Sonoma County Office of Education are considering policies to address a spate of violence in schools in the Santa Rosa City Schools district.  Three middle school students were arrested after a fight involving a knife. Earlier, a high school student was killed in a classroom fight involving a knife.  Parents and teachers spoke out, “urging the district to bring school resource officers back to local campuses.”

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Safety Law News for December 11, 2023

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— In Illinois, the Appellate Court of Illinois affirmed the ruling of the lower court denying the attempt of a person to obtain his release from detention because of his speech on a high school campus.  The person, “went to Glenbard North High School to find out why he could not enroll in classes. After a meeting with the school resource officer and the dean of students, (he) was upset and left the school. While in the school parking lot, (he) stated to a parent of another student, “hey man, if you hear that someone shot at principal at the head, don’t look at me.”   The person was charged under state law “for transmitting a threat to a school building or persons, which is a detainable offense.”  The appellate court agreed with the weighing of factors by the lower court:

“The court noted that it considered all the evidence before it. It stated that defendant’s conduct in threatening the principal was particularly “worrisome” and noted the seriousness of school shootings. It further discussed defendant’s previous battery arrest, stating that it considered it indicative of violent behavior even if the charge was ultimately dismissed. The court also noted that a previous report stated that defendant had bipolar disorder but was not taking his medication. The court took issue with defendant’s failure to comply with this directive. In light of these factors, we cannot say that the court’s decision was arbitrary, fanciful, or unreasonable.”  People v. Kurzeja

— In California, the Santa Rosa City Schools District moved to place a police officer at each of its high schools for the next two weeks due to an increase in violent fights on campuses.  The district eliminated police officers from its schools in 2020 for social equity reasons.

— In Texas, school superintendents across the state say lack of school safety funding may lead to budget cuts.  Their disappointment lies in the decision of the Texas legislature to end a “special legislative session … without any increased funding for school safety.”   The superintendents are concerned that their schools will not “have enough money to meet new safety mandates.”

— In Arizona, “(t)he Arizona Department of Education’s School Safety Task Force is now recommending that legislators remove barriers in state law to allow retired law enforcement officers to work as School Resource Officers as a way to bolster campus safety. The group met …to create a list of recommendations for the legislature in their upcoming session.”

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Safety Law News for November 30, 2023

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— In New Hampshire, the United States Court of Appeals affirmed the dismissal of a student-on-student harassment case, ruling that “measures in response to high school student’s report of student−on−student sexual harassment did not evince deliberate indifference.”  The case arose when school officials, alerted by a school bus driver and video evidence, concluded that another student had “violated the school’s sexual harassment policy by committing unwanted physical contact.”  The school “issued…a formal no−contact order … (and) suspended (the harasser) from riding the bus for ten days and was assigned a seat at the front of the bus upon his return.” After another incident, after which the harasser was suspended, M.L. transferred to another school and filed a lawsuit “asserting a claim of student−on−student sexual harassment under Title IX.” Agreeing with the lower court, the appellate held that to prevail on Title IX student−on−student sexual harassment claim, the student had to show that the school was a recipient of federal funding, and then prove that (1) she was subject to severe, pervasive, and objectively offensive sexual harassment by a school peer; (2) the harassment caused her to be deprived of educational opportunities or benefits; (3) school officials knew of harassment (4) in its programs or activities; and (5) school officials were deliberately indifferent to harassment.  The appellate court cited the factual record that school officials: “provided student with her a choice of travel route to avoid alleged harasser and moved her to all-female commons without altering (the harasser’s) assignments; school officials permitted the student to use her preferred travel route, while requiring alleged harasser to use different one.”  Therefore, school officials did not exhibit deliberate indifference to student’s allegations of student−on−student sexual harassment.  M.L. By & Through D.L. v. Concord School District

— In Illinois, officials in Peoria are considering a proposal to use body cameras in Peoria Public Schools.  Officials believe that “providing body cams for school resource officers would ensure the safety of everyone on district property.”  One use to which the video will be put is in training the officers.

— In Oklahoma, officials in Oklahoma City are continuing a commitment of transparency in changing police practices on de-escalation, community engagement and accountability.  “OKC residents can track the Police Department’s progress on 39 recommendations made by the Law Enforcement Policy Task Force and the Community Policing Working Group by visiting the OKC Public Safety Partnership website. The website includes all 39 recommendations, along with links to learn more about each project. It also includes a timeline of milestones that led to the creation of the OKC Public Safety Partnership.”

— In Oregon, officials in the Salem-Keizer School District are signaling the alarm for “more community support to intervene with students to cut gang involvement and gun violence.”  According to a Report on violence in the jurisdiction, “teen violence tripled in recent years.”  “While schools have a role in that work, district leaders said solving the issue requires a community effort and more money for programs and people to work with youth.”

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Safety Law News for November 20, 2023

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— In New York, the New York Supreme Court, Appellate Division affirmed the refusal of the trial court to dismiss a case in which a high school student committed suicide “a few days after the conclusion of his sophomore year of high school.”  Educators argued that, “they owed no duty to decedent because his suicide occurred off school premises and during summer vacation.” Both the trial court and the appellate court agreed that “tortfeasors may be held liable for the suicide of (a) person who, as the result of (the tortfeasors’) negligence, suffer(s) mental disturbance destroying the will to survive.”   The appellate court further stated that, “the duty that is relevant in this case is the duty of a school to provide its students with adequate supervision” while they are in the school’s physical custody and control.”  Educators “failed to eliminate triable issues of fact whether they breached their duty to provide adequate supervision.”  In particular, the Principal “acknowledged during his deposition that (the student) had reported to him on more than one occasion” (the student’s) experience with bullying.  Therefore, a jury would determine “whether the school’s negligence in failing to adequately address and safeguard against harassment and bullying directed at decedent at school caused decedent to suffer mental disturbance destroying his will to survive.”  Keri Spring v. Allegany-Limestone Central School District.

— In Tennessee, state officials and the Governor are considering expanding the budget for public education in order to provide mental health professionals in every school.  The Behavioral Health Liaisons would “serve as mental health professionals who can do everything from educating students about resources to doing direct interventions.”

— In North Carolina, officials in the Iredell County Sheriff’s Office are expanding the canine component of their school safety program by adding “a 2-year old English Labrador retriever, as the fifth canine in the school system.”  The canines all have “training that include(s) advanced obedience, building searches, tracking, article detection, narcotics detection and emotional support.” 

— In New Jersey, voters in Matawan-Aberdeen in Monmouth County and River Vale in Bergen County voted down a referendum “to add additional security to schools.”  Voters in Hillsborough in Somerset County and the School District of the Chathams in Morris County approved the proposals.  School districts all over the state of New Jersey submitted to their communities varying proposals to assist their efforts to maintain safe campuses.

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Safety Law News for November 17, 2023

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— In Tennessee, the United States Court of Appeals ruled that a school is liable under Title IX for its deliberate indifference to threats made against a student after receiving notice from the family.  This affirmed the result of a trial arising out of student-on-student harassment that the student suffered before and after her sexual assault.  The appellate court held that where the harasser is under the school’s disciplinary authority it will be liable for deliberate indifference.  The student successfully showed that (1) the school maintained policy of deliberate indifference to reports of sexual misconduct, (2) the indifference created heightened risk of sexual harassment that was known or obvious, (3) the risk of harassment was in context subject to school’s control, and (4) as result, the student suffered harassment “that was so severe, pervasive, and objectively offensive that it can be said to have deprived plaintiff of access to educational opportunities or benefits provided by school.”  The verdict was upheld because, the educators “were both aware of the continuing and severe threats made against (the student) and their disruption to her education.  …[T]he school did nothing in response to the bullying and threats against (the student) beyond directing her to the police.”  S.C. v. Metropolitan Government of Nashville

— In Florida, Duval County Public Schools records reveal that 510 fights occurred in the 2022-2023 school year on campus or on buses. The district recorded 58 such fights last school year at 14 schools.  When compared data from the first 60 days of the 2023-2024 school year the district is on track to see roughly the same number of fights by the end of the year.

— In Michigan, “Michigan State University education experts partnered with the Michigan State Police Office of School Safety to develop a series of six asynchronous courses to improve school safety. The courses are designed for school resource officers and other school officials to use to promote school safety and address mental health.”

— The U.S. Department of Education reports show that during the 2020-2021 school year there were nearly 3,500 referrals to law enforcement and more than 100 arrests of elementary school students.  The referrals data represents incidents in which a student is reported to police but not arrested. There were about 29.35 million students enrolled in public elementary schools in 2022.  Therefore, referrals would be approximately 0.01206 percent of all elementary students.  Arrests would be approximately 0.0003448 percent of all elementary students.  According to the data, there were a total of 93 school shootings with casualties at public and private elementary and secondary schools in 2020–21—the highest number since 2000–01.  “The year 2020–21 was the first since data collection began in which fewer than half of schools that had shootings were high schools.”

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Safety Law News for November 16, 2023

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— In New York, the New York Supreme Court, Appellate Division ruled that schools can be liable when they fail to provide “an appropriate level of supervision.”  This ruling reversed the lower court that dismissed the lawsuit of a student who was injured when “the tip of his left ring finger was closed in a metal door…for approximately three minutes.”  A student lunch monitor, responsible for the opening and closing of the door, was unaware of the injury until “other students banged on the door for approximately three minutes before the student lunch monitor opened the door. At that point, the tip of the infant plaintiff’s finger was severed.”  The appellate court held that “(s)chools are under a duty to adequately supervise the students in their charge and they will be held liable for foreseeable injuries proximately related to the absence of adequate supervision.”  The appellate court noted that, “(a)lthough there are certain accidents that occur in such a short span of time that even the most intense supervision could not have prevented them and any lack of supervision is not the proximate cause of the injury… this is not one of those cases.”  The case could not be dismissed because the schools own statements, “demonstrated that there was no adult monitoring the area where the accident took place and that, at the time of the accident, an assistant principal in the cafeteria was in the midst of calling for more assistance.”  Fleming v. City of New York.

— In Utah, policymakers are considering legislation that would require “(e)ach public, private and charter school …to have at least one of the following: a school resource officer, a contracted armed security guard or a volunteer school guardian.”  The proposal is part of “a list of recommendations …(to) prevent school shootings and protect students if one does occur.”

— In Minnesota “(t)he mayor of Windom and the city council sent a strong letter to the Red Rock Ridge alternative school in town recently saying that they do not believe that the school’s decision to remove the SRO is a wise one.”  Alternative schools exist to provide educational services to students who are sent there for offenses involving drugs, alcohol, weapons, violence, or order of the court.  Apparently, the decision to remove the police was “because of legal advice.”

— In Alabama, the Calera City Council is implementing the Calera Accountability and Success through Education (CASE) program in response to “growing issues surrounding youth vaping.”  The program seeks to educate students on the dangers of a great number of concerning behaviors including “illegal drug use, bullying, sexting and sex-exhortation.”