Safety Law News for March 24, 2023

— Nationally, the United States Supreme Court ruled that “(t)he Individuals with Disabilities Education Act (IDEA) seeks to ensure children with disabilities receive a free and appropriate public education.”  The Court held that the IDEA administrative procedures for resolving disputes between students and educators is a separate remedy for parents that does not prevent parents from also bringing a lawsuit for discrimination under the Americans with Disabilities Act (ADA).  The ruling will allow a deaf student, to pursue both remedies, based on his allegations that educators failed in their duties under IDEA and ADA.  The lower courts had “ barred (the student) from bringing an ADA claim without first exhausting all of IDEA’s administrative dispute resolution procedures.”  The Supreme Court reversed, holding that, where a (student) brings a suit under another federal law for compensatory damages—a form of relief … IDEA does not provide…. nothing in (IDEA) bars his way.”   The Court did caution that, “a (student) who files an ADA action seeking both damages and the sort of equitable relief IDEA provides may find his request barred or deferred if he has yet to exhaust (IDEA administrative procedures.)”  Perez v. Sturgis Public Schools

— In Colorado, the Denver Public Schools Superintendent ordered the return of school resource officers to its campuses.  In June 2020, the Denver Public Schools Board unanimously voted to remove student resource officers from campuses.  But a recent campus shooting in which two administrators were shot has changed the views of the Board.  “The board responded by saying it supports [the Superintendent’s] decision.”  The Mayor of the City of Denver Mayor “also called the decision to remove SROs a “mistake.””

— In Maryland, an audit conducted of the Baltimore County Public Schools and the police department discovered “ongoing concerns about whether county schools are safe for both students and staff.”  The report spells out seven problems and the corrective actions that need to be taken, including, “the police department is not quickly reporting to the school system student arrests made (off campus),” “regular meetings are not happening,” and “officers are not consistently teaching the required Drug Abuse Resistance Education (DARE) program.”

— In Florida, the School Guardians Program, which employs non-sworn employees to patrol schools, is receiving positive feedback in the Escambia County Public Schools.  “There is no age limit for the program — only a minimum of physical requirements and ongoing recertification processes each guardian goes through.”  “Each guardian must be licensed to carry a firearm, and certified with more than 140 hours training by the sheriff’s office.”