Safety Law News for May 28, 2024

— In Ohio, the Court of Appeals of Ohio affirmed the ruling of a trial court that individual school employees were “not entitled to immunity as a matter of law” for injuries to students.  The affirmance involved a case of false identity, in which, two individuals with no official position were allowed onto an elementary school campus for several days.  The school policy, that requires that everyone – including law enforcement – sign in as visitors, was not followed.  “Based upon incorrect assumptions, the employees allowed (the two individuals), …to freely walk the halls …and discipline students.”  “The employees gave (the two individuals), access to students’ confidential information and students themselves with no supervision.”  The police impersonators “disciplined students by handcuffing them and making them do physical exercise. (They) yelled and cursed at students, assaulted students, arrested students, and took students from school property in a private vehicle.”  The appellate court affirmed that Ohio liability law does not apply immunity for “wanton misconduct” and “reckless conduct” by school employees.  “Wanton misconduct is the failure to exercise any care toward those to whom a duty of care is owed in circumstances in which there is great probability that harm will result… reckless conduct is characterized by the conscious disregard of or indifference to a known or obvious risk of harm to another that is unreasonable under the circumstances and is substantially greater than negligent conduct.”  There would be no immunity based upon the facts that “the employees made dangerous assumptions” and “no one questioned (their) repeated presence at (the school) or whether (they) had any authority to discipline students. None of the employees contacted law enforcement to verify (their) employment with either the Akron Police Department or the juvenile detention center.”  M.J. v. Akron City School District

— In Illinois, the Chicago Board of Education is proposing a new school safety policy.  The Whole School Safety plan, “pushes schools to embrace alternatives to traditional disciplinary practices and teach students how to understand their emotions, known as social-emotional learning.”  If enacted each school will be required to (1) Create a Whole School Safety committee made up of parents, teachers, and students; (2) Hire at least one security guard; (3) Create an emergency management plan; (4) Teach social-emotional learning; (5) Implement restorative justice practices; (6) Include training on “climate, trauma-responsive, and social and emotional learning” in professional development plans; (7) Have behavioral health teams, which are supposed to help students who are in crisis, have experienced trauma, or are in need of mental health assistance; (8) Keep all doors locked, except for bathrooms.

— In Virginia, the James City County Police Department” is restarting its Citizens Police Academy.   The academy was paused during the COVID-19 pandemic.  The curriculum of the academy includes department philosophy, uniform patrol, communications, community services, school resource officer unit, SWAT, firearm safety, marine patrol, underwater search and recovery, RADAR, traffic stops, DUI procedures, animal control, crisis negotiations, investigations, polygraph, active shooter training, crime scene investigations and techniques, use of force, officer survival and peer support.  “The program is designed to foster a better understanding between citizens and police through education and communications.”

— In Virginia, the Charlottesville School Board is preparing to vote on a proposal to bring police back to its school campuses.  The proposal, part of a Report by a working group, “would focus on diversion from the criminal justice system and would borrow elements from the world of social work to address student and family needs.”  The new partnership with the police department, endorsed by 60% of the community, will deploy “specially trained officers.”