Safety Law News for December 11, 2023

— 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.”