Safety Law News for July 12, 2022

— In Pennsylvania, the United States District Court refused to dismiss the lawsuit of a student who experienced a sexually hostile and racially hostile educational environment that was known to educators but ignored.  The Title IX claim (prohibiting a sexually hostile educational environment), the Title VI claim (prohibiting intentional discrimination based on race in any program that receives federal funding), the Pennsylvania Human Relations Act claim (prohibiting discrimination based on race and gender), were appropriate in light of a pattern of conduct by educators who, “failed to adequately respond to the reports of race and gender-based harassment …which resulted in (the student) being further victimized by her peers.”  Stosic v. West Jefferson Hills School District

— In Colorado, community awareness is growing that officials in the Denver Public Schools are recreating its school safety plan around police officers.  In 2020, the Denver Public Schools ended its contract with the Denver Police Department to provide the school resource officers.  Student safety is the primary reason school officials are bringing back the police.  Incidents requiring police reporting (required under state law) and intervention have increased, “nearly 25 percent from the fall of 2019 to the same period this year, including seizures of several loaded firearms, plus a machete and multiple other weapons…(O)ne student had been stabbed by a knife, and marijuana possession was up by almost 40 percent.  In California, the Fresno Unified School Board members recently voted to fund the placement of school resource officers in local middle schools for the same reason of student safety.

— In Arkansas, the Arkansas School Safety Commission is recommending a unified law enforcement response protocol to prevent confusion during a school shooter incident on a school campus.  The elements of the protocol include a unified training regimen for law enforcement as well as minimum standards for collaborating with schools during an incident.

— In Indiana, police and educators are fine-tuning active threat training, trying to place personnel in situations that resemble previous school attacks.  Officers take turns simulating different scenarios during which they might have to confront a school shooter and firing rounds of non-lethal ammunition, if the shooter attacked an officer.