— In Arkansas, the United States Court of Appeals affirmed that two school resource officers were not entitled to dismissal nor qualified immunity for arresting two students “at the direction of the school principal.” The students, who “were both cadets in the … High School Air Force Junior Reserve Officers’ Training Corps (“ROTC”),” came to school “in military-style tactical vests.” After searches of the students “revealed they were not armed or in any way threatening, the Officers nonetheless decided to arrest both (students) at the direction of the school principal.” The lower court noted that administrators testified that the student’s “vests did not violate the … High School dress code.” And the records reflects that prior to the (students) wearing their vests to school “at least two white students had worn similar tactical-style vests to school and were not disciplined. One of these students wore a full military uniform including a bullet-proof vest, a nerf gun, and a helmet.” The appellate court agreed with the lower court that the officers were not entitled to qualified immunity on the basis of having probable cause to arrest the students for disorderly conduct under State law. The appellate court agreed that, “in today’s climate of school shootings, school officials and police officers are justified in having heightened concern around attire that might suggest a student is armed. But context matters, and schools have many mechanisms to discipline students….(especially when educators) had previously tolerated students wearing military gear, without discipline.” Therefore, “because the district court did not err in denying the Officers’ motion for summary judgment and qualified immunity on the (student’s) unlawful arrest claim, we affirm. Evans v. Cabot School District
— Nationally, a proposal in Congress, the “School Safety Notification System Act,” would require school districts to develop emergency response and parental notification procedures for certain threats and emergencies. (View Legislation)
— In New York, the Schenectady Board of Education “approved a resolution to provide weapon detection measures for the district’s schools.” Officials disclosed that its schools need “a more advanced type of metal detection system that has an AI capability that’s looking for objects and certain things that it learns over time.”
— In Colorado, “the family of a Denver teenager who was sitting in his car outside his school last year when he was shot and eventually died has filed a wrongful death lawsuit against the school district. In the lawsuit, the family of 16-year-old Luis Garcia claims Denver Public Schools, the school board and East High School failed to protect him in February 2023. The complaint highlights that under the Claire Davis School Safety Act, the district and school weakened the environment’s safety by removing school resource officers in 2020. Denver Public Schools removed all Denver police school resource officers from their buildings by the beginning of the 2021-2022 school year.