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Safety Law News for July 17, 2018

July 18, 2018

  • In California, the California Court of Appeal ruled that the juvenile court probation condition allowing the monitoring of a juvenile's electronic communications and social media was valid.  The court reasoned that the conditions were tailored to his individual circumstances and public safety interests and were reasonably likely to yield evidence of continued contact with gang members regarding drug use or other criminal activity.  (In re Juan R). 

 
  • In Utah, the United States District Court ruled that school officials did not violate the rights of a student who was removed from the cheerleading squad for improper social media usage.  The court held that there is no constitutional right to be a cheerleader and the school can impose restrictions on the student to be on the squad.  Cases involving suspension are inapplicable when a student is merely dismissed from an extracurricular activity.  The school held cheerleaders to a higher academic and conduct standard.  (Johnson v. Cache County School District). 

 
  • In Louisiana, the Court of Appeal of Louisiana held that the School Board’s decision to terminate an administrator’s tenured employment, based on an alleged violation of the policy prohibiting corporal punishment, violated the rights of the school official.  The court ruled that School Board policy prohibited the infliction of corporal punishment on a student; however, also expressly allowed educators and administrators to use “reasonable physical force and restraint to stop a disturbance threatening physical injury to others, to obtain possession of dangerous or contraband objects from students, for the purpose of self-defense, or for the protection of persons or property.”  (Dr. Calvin Nicholas v. East Baton Rouge Parish School System). 

 
  • In Texas, Hallsville ISD trustees approved a resolution Monday night to arm administrators and provide intervention counseling for “red card” students starting in August 2019.

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