Safety Law News for December 5, 2024

— In Illinois, the Appellate Court of Illinois reversed the judgment of the circuit court and affirmed the decision of a school board to impose a one-year expulsion upon a student for bringing a fake handgun to school.  The decision arose out of the incident in which a school administrator discovered a loaded pellet gun in the locker of the student.  Believing it to be a real firearm, school officials signaled the alarm, implementing the steps required under school policy to secure the weapon, effectively disrupting the school day.  The student was suspended.  Later, the school board imposed a one-year expulsion based upon a Report by the Hearing Officer.  The student argued and the circuit court agreed that “the expulsion be expunged from his disciplinary record (because) the District had not exhausted all appropriate and available interventions before recommending expulsion.”  The appellate court reversed applying the rule that “the state, having compelled students to attend school and thus associate with the criminal few—or perhaps merely the immature and unwise few—closely and daily, thereby owes those students a safe and secure environment.”  Based upon this duty, “we would still see no abuse of discretion in Board’s decision to expel… First, (the student) committed a serious offense by bringing a lookalike gun to school in knowing violation of school rules. Second, (the student) had a lengthy disciplinary history that, while comprised of largely minor infractions, suggested a consistent refusal to follows rules and respect authority. Third, (the student’s)  decision to bring a lookalike gun could reasonably cause fellow students to be fearful of his ongoing presence at school, thereby affecting the delivery of education services. Fourth, the Board’s selection of a one-year expulsion is a severe sanction. While not the harshest punishment available, which would have been a two-year expulsion, the legislature has cautioned that removing a student from his established learning environment is to be avoided if at all possible. And finally, for that same reason, expulsion would not be in A.A.’s best interests. When we consider these factors as a whole, we do not see an abuse of discretion.”  A.A. by and through Pasillas v. Board of Education, Summit School District No. 104

— In Georgia, school officials in the Barrow County Board of Education received input from the community on school safety policies in the aftermath of the death of two students and two teachers in the shooting at Apalachee High School.  The gist of the feedback is that “there is a lack of urgency from the board of education.”

— In Washington State, legislators are considering two proposals to enhance school safetySenate Bill 5003 would require the Washington Office of Superintendent of Public Instruction to create a school security and preparedness infrastructure grant program to encourage improvements in campus safety.  Senate Bill 5004 would require schools to update emergency response systems to include panic alarms or alert buttons.

— In Alabama, legislators are considering a state-wide ban on cell phones in schools.  House Bill 65 “would require the Alabama Board of Education to create a model policy that, at a minimum, prohibits public K-12 students from using an electronic communication device during the school day. The bill allows exceptions in case of an emergency or if using the device is part of a student’s Individualized Education Program or 504 plan.”

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