Safety Law News for May 28, 2021

In North Carolina, the Court of Appeals of North Carolina ruled that a 13-year-old student was in custody and therefore entitled to Miranda warnings prior to being interrogated by a school principal accompanied by a school resource officer who remained silent.  The court reasoned that North Carolina law provided greater protections for juveniles from interrogation.  The court held that the proper test for determining custody is whether “the presence of the officer can create a coercive environment that goes above and beyond the restrictions normally imposed during school, such that a [13-year-old] student would readily believe they are not free to go.”  Matter of D.A.H.

— In Tennessee, school officials in Shelby County Schools are addressing the issues to increase teacher retention.  Over 50% of its teachers have left the profession.  Several of the root causes of the trend involve school safety, enforcement of discipline, consistent administrative support, and high-quality professional development.

— In Congress, legislation has been introduced to examine the mental health effects of active shooter drills, lockdown drills, and other firearm violence prevention activities in schools on school staff and students.  The goal of the “School Safety Drill Research Act of 2021” is to provide data to help schools balance school preparedness with the mental health of students and staff.

— In Michigan, officials in the Mason Public Schools are partnering with the Mason Fire Department to conduct rescue drills involving school buses.  The training focuses on school bus extraction scenarios to make the rescuers “familiar with the construction of school busses and busses in general and hopefully develop skills and get [firemen] comfortable so [they are] not learning at the real scene.”