Safety Law News for January 29, 2019

  • In Florida, the United States Court of Appeals, Eleventh Circuit, held that the Palm Beach County School Board did not violate the rights of its employees by requiring all applicants for substitute teacher positions to submit to and pass a drug test as a condition of employment. The court ruled that suspicionless drug testing was permissible because “ensuring the safety of millions of schoolchildren in the mandatory supervision and care of the state…are compelling concerns.” (Friedenberg v. School Board of Palm Beach County)

 

  • In Pennsylvania, the United States District Court held that a student’s constitutional rights were not violated when school officials expelled him for promoting school violence by threatening to shoot a teacher. The court ruled that language reasonably perceived as threatening school violence is not constitutionally protected. The court also held that school officials must have significant discretionary decision-making ability to maintain a safe environment.  (J.R. by and Through Redden v. Penns Manor Area School District)