Safety Law News for May 24, 2022

— In California, the United States District Court upheld the decision of school officials to deny a student the opportunity to walk at his graduation ceremony as a result of his online behavior.  The student, while on the school’s campus and during school hours, posted to his personal Internet page a picture of another classmate with the caption “nig—.”  The court agreed with the disciplined student that, “the government cannot prohibit or penalize the expression of an idea simply because society finds the idea itself offensive or disagreeable.”  But, the court dismissed the case, ruling that, “(s)chools must achieve a balance between protecting the safety and well-being of their students and respecting those same students’ constitutional rights.”  Applying the standard of Tinker v. Des Moines School District, the court held that, “plaintiff’s speech occurred on campus and at least the right of one individual student to be secure and to be let alone was interfered with by plaintiff.”  Castro v. Clovis Unified School District

— In Wisconsin, the La Crosse School District announced a change in its school resource officer policy.  It will keep police on campus through the 2022-23 school year.  School officials intend to continue recent reforms in light of positive data on campus conditions, e.g., lower arrest and suspension rates, new social justice and mental health programs.

— In Massachusetts, the Massachusetts Department of Elementary and Secondary Education issued a report in which school safety is cited as an area in need of “immediate improvement.”  Stopping short of recommending a takeover of the school district by the state, the Report states that the problems involving school safety and data reporting “are abundantly clear.”

— In North Carolina, the North Carolina Safer Schools Task Force is placing greater emphasis on gun violence, gun education, and gun prevention.  The task force is composed of students, teachers, parents, education leaders, law enforcement, and staff from the North Carolina Department of Public Safety.  Its new program, “Educating Kids on Gang and Gun Violence,” will launch during the 2022-23 school year with the help of school resource officers.