Safety Law News for February 9, 2022

–  In Pennsylvania, the Commonwealth Court of Pennsylvania held that a School District’s decision to expel a student for posting violent song lyrics on Snapchat violated his constitutionally protected right to free speech.  The School District expelled in the belief that the student’s post “constituted harassment, was a terroristic threat, and had disrupted the school environment.”  The court ruled that in the wake of the U.S. Supreme Court case of Mahanoy Area School District v. B.L. by & through Levy, the speech of the student was immune to school discipline.  First, the student’s post, “did not explicitly target specific (school) students, let alone the broader School District community.”  Second, the student, “posted at a time when he was neither at (school ) nor engaged in school-related activities.”  Third, “mere undifferentiated fear or apprehension of disturbance is not enough to overcome the right to freedom of expression.”  Appeal of G.S. by & through Snyder

— In Kentucky, House Bill 63, is receiving bi-partisan support to improve safety in schools.  The legislation would require schools to have school resource officers inside schools. School districts would be required to report to Kentucky’s school security marshal if they cannot have officers on every campus and develop plans to address such shortages.

— In Connecticut, the Superintendent of the Norwich Public Schools is implementing an administrative take-over of a middle school in the wake of “persistent student behavioral issues.”  Effective immediately, the school disciplinary rules include a reinstatement of after-school detentions and in-school and out-of-school suspensions.  

— In Florida, two proposals to limit the use of restraints on students are being introduced in the legislature.  HB 235 and SB 390 prohibit school personnel from using a “mechanical restraint” on students, except if they are school resource officers, school safety officers, school guardians or security guards.