Safety Law News for March 29, 2023

— In Tennessee, the United States Court of Appeals ruled that a school’s failure to diagnose a student’s disability at earliest possible moment was not a per se violation of the Individuals with Disabilities Education Act (IDEA).  The appellate court affirmed the dismissal of a case brought by parents who alleged that their child was denied services under IDEA when the school only took disciplinary steps against the child without testing him for a disability.  The court reasoned that “some disabilities are notoriously difficult to diagnose and even experts disagree about whether some should be considered disability at all.”  In addition, the court noted that the student, “had no history of receiving special education services, was enrolled in middle school for very brief time, and had recently moved across state lines as potential explanation for his disciplinary issues.” Ja. B. v. Wilson County Board of Education

— In Kentucky, legislation was signed into law allowing parochial and other private schools to develop pacts with local law enforcement agencies or the Kentucky State Police to have school resource officers on their campuses.  House Bill 540 puts private schools on equal footing with Kentucky’s public school systems.

— In Ohio, the Board for the Ashland City Schools approved a resolution that will allow county school resource officers to carry weapons on school grounds.  Under the newly-passed resolution, any person “designated in writing by the Superintendent” who also meets certain training requirements — in this case, county school resource officers — can open carry or concealed carry a weapon on school grounds.

— In Denver, the Denver Public Schools Board is acknowledging that “pressure from the community” was a “driving factor” in the reinstatement of the school resource officer program.  “Over 1,000 emails,” predominantly from folks that were impacted following a shooting that injured two faculty members, “were saying that they truly wanted the return of school resource officers.”  The Superintendent is authorized to “develop a long-term safety plan by the end of the summer.”

— In Oregon, the legislature is exploring ways to provide parents with real-time, accurate information when an emergency takes place in schools.  House Bill 3584 would require schools to alert parents, guardians and employees of safety threats.  “The bill instructs the Oregon Department of Education to develop a process in which schools can electronically notify individuals within 24 hours of an event.