Safety Law News for March 19, 2021

— In Maryland, the Court of Special Appeals of Maryland reversed the adjudication of a student for shouting in the classroom that he would “shoot up” the room if he did not find a folder he had left behind during an earlier class.  The court ruled that although school officials may prohibit a true threat that is a serious expression of intent to harm others, the dividing line between a true threat and constitutionally protected speech favored the student. No witnesses perceived the statement as a true threat.  In Re: J.W.

— In West Virginia, legislators have proposed a revision to the Education Code that will allow teachers and other school employees to have concealed carry weapons in the classroom.  When approved, the “School Protection Officers” could carry a gun, pepper spray or other allowed protective weapon in school.

— In Colorado, proposed school safety legislation would revise discipline policies to minimize student run-ins with police. Senate Bill 21-182 would require discipline reporting to find and correct racial disparities, modify the school code of conduct to encourage age-appropriate discipline outcomes, and set more stringent rules for the selection of school police officers.

— In California, the majority of students and parents in the Fresno Unified School District want to keep armed police officers on Fresno Unified campuses, according to surveys conducted by the district and Fresno State University.  This represents a significant shift for keeping police in schools.  A majority of the Fresno Unified School District Trustees are also in support of the school resource officer program.