Safety Law News for May 20, 2020

In Tennessee, the United States District Court ruled that educators violated the rights of a student who was suspended and transferred to an alternative school.  The court found that disciplinary proceedings “rubber-stamped” the decision of the school principal without providing due process.  The court also found that the alternative school deprived the student of his constitutional property interest because its students were left to learn on their own without educational instruction.  (Doe v. Washington County Department of Education)

In Missouri, the United States District Court refused to dismiss claims brought against educators and police for detaining a student without probable cause or exigent circumstances.  The court ruled that the in-school police interview about a non-school incident was a seizure under the Fourth Amendment and that educators were acting as agents of the police.  The court found that the interrogation violated school policy that required the presence of an administrator and parental notice.  (L.G. through M.G. v. Columbia Public Schools)

In Kentucky, the Owensboro Public Schools Board of Education will remain under a school resource officer model for an additional year.  Its agreement with the Owensboro Police Department will continue.  Earlier this year, school announced their intention to create its own police force under the Special Law Enforcement Officer (SLEO) model.

In Missouri, the Clayton School Board is considering installing gender-neutral bathrooms at each district school as part of a plan to improve student safety.  School officials are looking at social and emotional safety, bullying prevention, transgender accommodation, visitor management, and intruder deterrence.