Safety Law News for February 16, 2022

In Georgia, the United States District Court, ruled that in the school setting, “bystander liability” for Fourth Amendment violations may be applied to school officials who witness an unreasonably long detention in a school setting.  A high school administrator was present during an incident in which a student was removed from class by police officers, taken to an administrative office, and handcuffed to a file cabinet and chair for approximately seven hours.  A constitutional liability lawsuit based on 42 U.S.C. § 1984 was appropriate because, the administrator “had the power to prevent the prolonged detention.” Smith v. City of Atlanta

— In Indiana, House Bill 1093 has been introduced to require all police who regularly work inside public schools to receive training on adolescent brain development, how to interact with students with disabilities and understanding racial biases. Under current state law, many police officers are not receiving training because of the narrow definition of school police.  The proposed law defines “school resource officer” to include, “any law enforcement officer who is assigned to one or more school corporations or charter schools during school day hours.”

— In Wisconsin, House Bill 969 has been introduced to require school districts statewide to hire a school resource officer if the district reports 100 or more violent incidents and at least 25 arrests in one semester.  Funding for the police would come, in part, from the American Rescue Plan Act COVID-19 relief funds.

— In Ohio, teachers and support staff for the Columbus City Schools are urging the school board to make schools safer.  Representatives for the teachers’ union say, “our teachers are afraid of coming into some buildings. We have people who are resigning because of unsafe conditions.”  Columbus City Schools, the largest school district in the state of Ohio, has no school resource officers.