Safety Law News for June 28, 2021

— The U.S. Supreme Court ruled that a school violated a student’s First Amendment rights when it suspended her from the cheerleading squad.  The school discipline was in response to the student’s use of profanity in a social media post, made off campus and on a Saturday.  The Court held that while in loco parentis gives schools authority to regulate student speech that takes place off campus, the incident did not fall within this authority.  The student did not identify the school, the criticism of cheerleading did not target any member of the school community and did not cause a “substantial disruption” at school. Mahanoy Area School District v. B. L. by & through Levy

— In Virginia, the Arlington Public School Board unanimously voted to remove police officers from its school hallways.  The police will respond to emergencies but no longer will have officers stationed at the school.  The school board does not have the authority to completely shut down the program. The county of Arlington provides the program with $3 million in annual funding.

— In Ohio, the Ohio Supreme Court ruled that school districts must provide police-level training to teachers carrying concealed weapons such that prior training school employees received may violate state law.  The approved training must resemble basic peace-officer-training or the school official must have served 20 years as a police officer.  Gabbard v. Madison Local School District

— In Tennessee, the Knox County Schools and the City of Knoxville are changing the role of school resource officers when campus incidents involve special needs students.  Under the new policy, the officer will not get involved without authorization by the school principal or when an incident places others in imminent danger.