— In New York, the Supreme Court, Appellate Division, reversed and remanded for a new trial a case in which school officials used state and federal special education laws as a defense from liability. The student, “identified as a student with a disability within the meaning of section 504 of the Rehabilitation Act of 1973 because of deficiencies related to her physical coordination and strength,” was “injured during her participation in the school’s mainstream physical education class…..(when) she was permitted to continue practicing her skills at various (“KiDnastics”) stations throughout the gym while the gym teacher continued evaluating other students.” The court refused the defense of the school that, “it would in fact have been illegal for defendant to do anything more than what is expressly directed in the 504 plan – that is, nothing – to supervise the child.” The court held that, “a school district’s written 504 plan does not operate as a supervision ceiling in all respects and circumstances… a school that is aware of a student’s particular disability that makes him or her more susceptible to injury is required to exercise care commensurate with such disability.” Jaquin v. Canastota Central School District
— In Illinois, a positive six-month report on the decision by officials in the City of DeKalb to expand its school resource officer program is encouraging the community. With restorative practices as the focus of school discipline reforms, data show, “lower violent activity in schools that resulted in police involvement.” Arrests were also down.
— In Indiana, proposed legislation will require police who take a student into custody to make a reasonable attempt to notify the parent “before the child can be moved to a different location.” Senate Bill 415 also provides that a statement made to police by a juvenile while in police custody is inadmissible if the police communicate false information regarding evidence or false statements regarding penalties or leniency.
— In Virginia, House Bill 2292, if enacted will require localities to provide enhanced retirement benefits to school resource officers. The bill also allows a retired law-enforcement officer to return to work as a school resource officer after a break in service of at least 12 months without impacting his retirement benefits.