Safety Law News for March 16, 2021

— In Pennsylvania, the United States Court of Appeals, Third Circuit, affirmed the dismissal of a lawsuit brought by parents whose special needs child was placed in handcuffs by a school resource officer.  The court ruled that the parents needed to exhaust administrative remedies before filing a civil lawsuit.  The court reasoned that three different federal statutes may come into play when a child with disabilities and his family assert education-based claims of unlawful treatment: the IDEA,; Section 504 of the Rehabilitation Act, and Title II of the ADA.  When the crux of a special needs lawsuit is the failure of school officials to follow a child’s educational program (FAPE) then administrative remedies must be pursued first.  Ahearn v. E. Stroudsburg Area School District.

— In Oregon, officials in the Salem-Keizer School District announced the end of the district’s school resource officer program.  But the district will keep in place a contract with the Keizer Police Department because the school board believes that, “a healthy and safe school system requires relationships with law enforcement particularly to support child abuse investigations, threat assessments, emergency response, and other key functions as long as that relationship with law enforcement is balanced with creating schools where all students feel safe and have a strong sense of belonging.”

— In Nebraska, lawmakers have agreed to expand a successful pilot program that proved the benefits of a hotline where people could anonymously report concerns about students who may be thinking about harming themselves or other people.  The hotline connects people to trained crisis counselors who can offer help and resources immediately. The counselors also alert local threat assessment teams set up in participating school districts.  The legislation is LB322.

— In Texas, legislation has been introduced that would allow concealed guns in public schools.  In what is intended to expand the state’s marshal program, which allows properly trained staff members to carry guns on campus, the legislation would allow licensed adults to carry weapons in public and charter schools.