Safety Law News for April 17, 2024

— In Kentucky, the Court of Appeals of Kentucky affirmed the dismissal of a case brought against a school based upon qualified immunity.  The lawsuit arose out of an incident in which a school employee on the security team attempted to physically restrain a student when the student attempted to leave school building while in a state of intoxication.  The appellate court ruled that “qualified official immunity” was appropriate under Kentucky law because the “security monitor’s duty to provide a safe school environment was discretionary rather than ministerial.”  On this point the judges found that the school employee “exercised discretion in determining whether to allow student to leave building after student did not follow verbal instruction.”  Finally, the appellate court ruled that the employee “chose increasing degrees of physical restraint, and… did not exercise his discretion in bad faith.”  Carpenter v. Goodall

— In Minnesota, schools are bringing back to their campuses school resource officers. They were removed from more than few school districts after a 2023 law “included some provisions in an omnibus education bill that amended the chapter of law governing students’ rights, responsibilities and behaviors.”  Police became wary of its provisions, specifically on whether their officers had the authority to use reasonable force to resolve campus disruptions.  The new law, going into effect on March 15, 2024, removed the ambiguities.  The provisions of the 2024 law also require that SROs have training before going into a school to work and require that the role of the SROs focus upon (1) fostering a positive school climate through relationship building and open communication; (2) protecting students, staff and visitors to the school grounds from criminal activity; (3) serving as a liaison between law enforcement and school officials; (4) providing advice on safety drills; (4) identifying vulnerabilities in school facilities and safety procedures; (5) educating and advising students and staff on law enforcement topics; and (6) enforcing criminal laws.

— In Florida, Bob Tyler Toyota donated bulletproof shields for the City of Gulf Breeze school resource officers.  “The shields will be used in all Gulf Breeze elementary, middle and high schools.”

— In Ohio, “(t)he Ohio Controlling Board, which handles making adjustments to the state budget, approved public safety officials’ request for $78,028 in March to purchase two “mobile modular shoot houses” to train public school staff who are permitted to carry firearms.”  These mobile homes will help armed staff members comply with a 2022 law that allows school boards to arm specific staff members.  The provisions of the law require “at least 24 hours of initial training and eight hours of annual requalification training.”

Leave a Reply

Your email address will not be published. Required fields are marked *