Safety Law News for November 1, 2022

— In Colorado, the Colorado Court of Appeals upheld the search of the backpack of a student after the school’s Threat Appraisal Team implemented a Safety Plan that included a search requirement in response to his prior felony adjudications.  The search found a fully loaded handgun.  The court affirmed the search and the adjudication as a second-time juvenile offender and for possessing a weapon on school grounds, noting that, “(a) search may be justified at its inception without reasonable suspicion where the record shows that the student had a substantially diminished expectation of privacy in his or her person or property.”  People In Interest of J.G.

— In Tennessee, the Governor is implementing Executive Order 97 which directs state agencies to “equip and engage parents, increase transparency and collaborate with local law enforcement and school districts.”  The School Safety Toolkit for Tennessee Families includes the SafeTN app, school-based behavioral health liaisons, mobile crisis providers through dialing 988, and frequent, unannounced checks to see that school doors latch and precautions are in place.

— In West Virginia, schools are on track to implement a statewide school safety plan in all 55 counties by the beginning of 2023.  The Department Education is providing $2 million dollars in grants to prevent shootings and other violent acts in schools.  The goal is to have a police officer in every school building in West Virginia.

— In Oregon, the parent of a high school student has filed a $1 million lawsuit against the Portland Public Schools after school bullies assaulted her daughter on campus as a staff member strolled by and did nothing.  The Portland Public Schools removed police officers in 2020.