Safety Law News for March 14, 2017 – School Safety Law Blog

In California, the California Court of Appeal ruled that new state law allows juvenile courts to seal all juvenile court records, including school records, when the child completes a diversion program. The new restorative justice policy, [Welfare and Institutions Code §786] is designed the give the court discretion to determine whether sealing a child’s school records that refer to a juvenile court proceedings will promote the child’s reentry and rehabilitation. [In re A.S.]

In Florida, the District Court of Appeal ruled that the trial court should have granted a student’s motion for dismissal because the State failed to prove that a BB gun found in his book-bag was a deadly weapon within the meaning of state law. The gun was not loaded and no BBs were found. [C.W. v. State].

In Louisiana, the State Court of Appeals rejected personal injury claims against the school board brought by a high school teacher who was assaulted by a student when she was six weeks pregnant. The court ruled that she could not pursue tort recovery for injuries and was limited to workers’ compensation, even though the student had an extensive history of disciplinary issues. [Field v. Lafayette Parish School Board].

In New Jersey, the United States District Court ruled that school officials did not violate a student’s First Amendment rights when it suspended him for his out-of-school Internet postings on social media outlets. The court upheld New Jersey’s Anti-Bullying Act. The new law allows educators to suspend for any speech that is directed at the school. [Dunkley v. Board of Education of the Greater Egg Harbor Regional High School District].