Safety Law News for March 11, 2024

— In Washington State, the Supreme Court of Washington affirmed that school officials violated the statutory procedural rights of a student by indefinitely suspending him.  Administrators expelled the high school student on an emergency basis for violating its “gang contract,” e.g., wearing clothing affiliated with a gang.  The student also was cited for fighting another student on campus.  Later, officials “converted (the) emergency expulsion into a long-term suspension.”  The notice of this shift stated, “(d)ue to this situation and the involvement in others, aka victim of previous threat, the student will be long-term suspended and placed in an alternative educational setting.”  The Supreme Court of Washington ruled that “students who face suspensions are entitled to due process.”  Moreover, it relied upon state law which provides that, “(an) expulsion or suspension of a student may not be for an indefinite period of time and must have an end date… If a school district enrolls a student in another program or course of study during a suspension or expulsion, the district may not preclude the student from returning to the student’s regular educational setting following the end date of the suspension or expulsion, unless (certain exception apply).”  The Supreme Court of Washington found that none of the statutory exceptions applied and rejected the argument by the school that it has power to declare a discretionary placement decision based on safety concerns.  “Agreeing with the District would undermine the legislature’s intent.”  M.G. by Priscilla G. v. Yakima School District. No. 7

— In Massachusetts, School resource officers in the Mansfield School District have started an after-school video game club for middle-schoolers.  “Twice a week after school, students in grades six through eight (at the Qualters Middle School) play games and enjoy a lively atmosphere. The games include Mario Kart 8 Deluxe, Super Smash Bros., and Teenage Mutant Ninja Turtles: Shredder’s Revenge, among others.”  The Superintendent stated that the “Game Club is yet another example of the impactful opportunities that our school resource officers develop for Mansfield students.”

— In Kentucky, provisions in Senate Bill 2 will strengthen trauma-informed resources in schools by increas(ing) suicide prevention trainings for teachers and school staff.  “According to the latest state data, one in seven high school students reported having seriously considered suicide within a 12-month period.”

— In Texas, the Texas Attorney General “released an advisory clarifying the requirements under state law for school districts to prepare for potential threats to student safety. Texas families equipped with knowledge of the law are more empowered to hold districts accountable for implementing and following the policies essential to keeping children safe at school.”