Safety Law News for October 1st, 2019

• In Ohio, the United States District Court held that classroom video of a student without prior parental consent does not implicate the right to privacy under the Fourth Amendment. The court reasoned that a student’s reasonable expectation of privacy is limited.  While video surveillance in a school locker-room invades a student’s reasonable expectation of privacy, video surveillance in other common areas does not implicate privacy rights.  (Holly Gregory v. West Clermont Local School District)

• In Illinois, the Appellate Court of Illinois ruled that school officials owed a student no duty for injuries she sustained when, after school was let out, a fellow student accidentally ran into her in a crosswalk, about half a block from the school.  The court declined to impose portal-to-portal liability on the school district.  Instead the court limited this concept to risks that occur while the student is at school or otherwise engaged in school activities. (Kennidy Stephens v. The Board of Education of School District 172).

• In Kentucky, the Warren County Public Schools is promoting a new anonymous reporting tool offered through the Kentucky Office of Homeland Security.  The Safety Tipline Online Prevention Service facilitates reporting bullies and other safety issues.

• In California, the California Court of Appeal unanimously reversed the conviction of a high school student charged with battery and resisting arrest after he “lightly brushed” the hand of a school resource officer in the hallway.  The court held that “[n]ot only did the officer’s conduct fail to enhance school safety, it elevated what should have been a minor school disciplinary matter into one with potential criminal implications. The same is true of the district attorney’s decision to pursue wardship proceedings on this record.”  (People v. Francis A.)