Safety Law News for June 24, 2022

— In New York, the United States Court of Appeals upheld the dismissal of an educator for making a series of inquiries concerning a potentially dangerous student at the high school.  The educator was concerned about the potential for physical harm to her child who was also enrolled at the school.  Administrators viewed the inquiries and statements as inappropriate.  Both the lower court and the appellate court rejected the First Amendment retaliation claim because (as an employee) her speech, “does not qualify for First Amendment protection.”  The courts explained that, “[t]o establish that her speech was protected, Henderson must demonstrate that it addressed a matter of public concern… (S)peech that principally focuses on an issue that is personal in nature (e.g., the safety of her son) and generally related to the speaker’s own situation —even if touching on a matter of general importance—does not qualify for First Amendment protection.” Henderson v. Greenville Central School District

— In Virginia, the Department of Criminal Justices Services Board will give $5 million to local governments across the state for school resource and security officer positions in the next fiscal year.  A school resource officer is a certified law enforcement official employed by a police department, while a school security officer is employed by the school.  The funding is part of a broader package of public safety grants — more than $37 million — going to local criminal justice programs, including gun violence prevention, victim witness, and substance abuse treatment programs.

— In California, the Orange County Board of Supervisors unanimously approved an expansion of the school resource officer program to include an officer at each school.  The recent school shooting in Texas influenced that decision to increase campus safety.

— In Oklahoma, the Bartlesville Public Schools Board of Education unanimously approved the hiring of six additional school resource officers which will place one officer in each of the district’s schools.  School officials said that the recent shootings at a school in Texas and at a medical facility in Tulsa hastened the move.