Safety Law News for November 9, 2021

— In California, the California Court of Appeal upheld the search of a student by a school administrator in which a knife was found.  The student was brought to the administrator after teachers reported that he “was possibly under the influence.”  The administrator stated to the student if there was “anything on (you) that (you) should not have” that the school “would try to work with (you) as much as possible to give (you) as few consequences as possible if it was something that they could work with.”  The student “produced a knife that was in his pocket that was inside of his pants.” The court ruled that a report from a teacher provides reasonable suspicion for school officials to investigate further.   The court also held that “school officials have more leeway than do law enforcement officials when questioning students about possible illegal activities.”  In re D.W.

— In Wisconsin, the Madison Metropolitan School District is looking for student safety policy solutions after an increase in student-on-student violence on its high schools campuses.  The fights are causing school staff to intervene.  A Madison police officer was assaulted when called to respond to a school casing other officers to use pepper spray on students.  An administrator stated that 90% of the incidents were happening during the open lunch period.  Last year, the school resource officers were removed from campuses.  

— In New York, the Rochester Teacher’s Association, the union representing Rochester City School District teachers, has published an open letter asking the school district to enact measures that would reduce disruption and violence in the schools.  Teachers have been attacked, football games have been canceled because of threats and the City of Rochester had Rochester Police Department officers stationed outside of all 11 secondary schools in the district during arrival and dismissal times.  Last year, the school resource officers were removed from campuses.

— In Ohio, House Bill 99 has been introduced to allow authorized teachers and school staff to carry guns on school property, inside buildings, or at school events. The legislation would require the Ohio Peace Officer Training Commission to recommend rules for the initial training to the Ohio Attorney General, and they must include rules governing 18 hours of general training, and includes two hours of handgun training. It also requires additional training two hours of annual training.