Safety Law News for August 11, 2023

— In Ohio, the United States District Court held that “First Amendment protection does not extend to complaints made in the context of a sports program when the complaints are related to coaching decisions, coaching methods, coaching style, or playing time, when the speech could reasonably be forecasted to cause a substantial disruption or material interference with that program.”  The case arose when “(t)he parent complained to (the coach) via private text messages about the amount of playing time (the student) was receiving. His text messages also accused (the coach) of bullying (the student).   The parent also apparently sent text messages to (the coach) threatening to sue her.”  The parent filed a lawsuit claiming First Amendment retaliation against the school officials and the coach.  The court, applying the framework of Tinker v. Des Moines Independent Community School District, held that, “speech that could undermine a coach’s authority or sow disunity on the team causes a substantial disruption or material interference.”  The court reasoned that, in deference to school officials, it was “reasonable in forecasting that a student-athlete’s alleged right to participate (in a school sponsored sport) on his own—or his father’s—terms…would create a substantial or material disruption to team unity or would undermine the coach’s authority.”  “(D)isappointment and frustration with a coach’s conduct do not, without more, entitle a player to legal relief.”  Place v. Warren Local School District Board of Education

— In Arizona, “(f)unding exists for school resource officers through the Arizona Department of Education’s School Safety Grant, but some schools have yet to find an officer to fill the position.

State officials point to a lack of law enforcement officers across the board which they say trickles down to specialty assignments like SROs to create safety gaps in schools.

— In Florida, officials in the Escambia, Santa Rosa and Okaloosa County school districts say every school resource officer is now equipped with Narcan to be used in an emergency to treat a suspected overdose by a student.

— In North Carolina, the Lincoln County Board of Commissioners “cleared the way for the staffing of school resource officers at every school in the district…(including) all 13 elementary schools in the county.”  “The commissioners approved a request from the Lincoln County Sheriff’s Office to fund (the) positions.”