Safety Law News for April 5, 2024

— In Colorado, the Colorado Supreme Court affirmed a student’s adjudication of delinquency for possession of a handgun as second-time juvenile offender and possession of a weapon on school grounds.  The court held that the search of the student conducted on school grounds in accordance with an individualized, weapons-related safety plan by a Behavioral Assessment Team was reasonable under Fourth Amendment.  The appellate court reasoned that because of the nature of the multi-agency threat assessment process, implementation of the safety plan was complete in itself.  “Additional individualized suspicion stemming from the student’s behavior is not required.”  Because the safety plan was individualized, the student had a “substantially diminished expectation of privacy because the safety plan established that his property was subject to search.”  After acknowledging the legitimacy of behavioral threat assessments, the appellate court noted that, “we recognize the special responsibility that schools have for all students in their custody during the school day…. This responsibility requires schools to balance the interests of each individual student against their broader obligation to keep all students safe and to provide an appropriate learning environment for them… The threat assessment process requires a multi-disciplinary team to gather and consider a broad swath of information including… input from school personnel.”  People In Int. of J.G., 2024 CO 16 (2024).

— In North Carolina, the New Hanover County Board of Education is calling for a new committee focused on school safety.  Two incidents are prompting the decision.  “In February, a father was charged after a gun was found inside a bag brought by a preschool student at Rachel Freeman School of Engineering. In March, a student at Laney High School was charged after a school resource officer allegedly found a gun in the student’s possession.”

— In Illinois, officials in the Chicago Public Schools are seeking public feedback in a survey as it prepares to remove police officers from its campuses.  The hope going forward is for a safety policy based upon an “holistic” approach.

— In California, an ad hoc committee made up of Santa Rosa City Council members and Santa Rosa City School Board trustees have created a plan to bring police back to its schools.  The mayor says “the funds aren’t there.”  “Students, parents and staff concerned about safety at Santa Rosa City Schools have been pleading for the return of campus police… since the fatal stabbing of a 16-year-old on the Montgomery High School campus last year.”