— In California, the United States District Court ruled that a special needs student could not assert a Fourth Amendment claim for “the warrantless search and seizure of the information” shared with police when he was arrested on campus. The case arose when “at the end of the school day (a special needs student) went to the principal’s office to retrieve a water toy that had been confiscated earlier that day.” School officials refused to return the item. The student responded in a manner that caused a disruption. The parents argued that school officials “were supposed to use de-escalation strategies, contact a (special needs) teacher, and not contact the police.” Instead the police were called. The police took the student to the police station along with “a copy of (1) a “Person Summary Report [“PSR”] that contained (the student’s) personal identifying information, including his student ID and contact information,” and (2) “a Behavior Detail Report [“BDR”] that details (the student’s) behaviors exhibited at (school) since 9th grade.” The parents of the student argued that “(r)ather than deescalate an interaction … (school officials) called the police—leading to his arrest—and later searched (the student’s) education records and disclosed private information with the police to be used for a potential prosecution.” The court dismissed the case for several reasons. First, the court declared that this was not a case the outcome of which is governed by the Family Educational Rights and Privacy Act (FERPA) because “because FERPA’s nondisclosure provisions fail to confer enforceable rights.” Second, the court held that the Fourth Amendment claim of the student “must be dismissed because he has not plausibly alleged that he has a reasonable expectation of privacy in the school records at issue sufficient to trigger the Fourth Amendment and its warrant requirement.” This is because under the “third party doctrine” of the Fourth Amendment, “an individual’s expectation of privacy in voluntarily disclosed records about them that are kept by others in the ordinary course of business, is reduced.” Finally, the court concluded that “even if (the student’s) disclosure was partially involuntary, it does not appear that the records at issue are sufficiently sensitive or private to give rise to a reasonable expectation of privacy that would trigger the Fourth Amendment and its warrant requirement.” K. C. v. Town of Atherton
NOTE: It is important to note that federal law specifically agrees stating: “Nothing in this subchapter shall be construed to prohibit an agency from reporting a crime committed by a child with a disability to appropriate authorities or to prevent State law enforcement and judicial authorities from exercising their responsibilities with regard to the application of Federal and State law to crimes committed by a child with a disability…An agency reporting a crime committed by a child with a disability shall ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to whom the agency reports the crime.” 20 U.S.C. 1415(K)(6)(A-B).
— In Texas, officials in the Manor Independent School District have AI-powered weapons detection systems on its middle and high school campuses. The “Gateway” system “utilizes advanced bi-directional configurable screening and proprietary sensors to accurately distinguish everyday items in individuals’ pockets and backpacks such as laptops, three-ring binders, keys, and cell phones, from potential threats.”
— In New Mexico, the Santa Fe Public Schools are ramping up campus “drills to get to a safe place in case of an active shooter…Teachers are preparing by using RhinoWare locks that barricade classroom doors.”
— In California, new laws placing constraints on ICE have been enacted. Assembly Bill 49 “prohibits schools from allowing immigration enforcement officers on campus without a warrant.” Senate Bill 98 “requires schools and higher education institutions to send community notifications when immigration enforcement is on campus, and prohibits immigration enforcement from entering certain areas without a judicial warrant or court order.”