The school shooting incidents of 2018 in Santa Fe, Texas and Parkland, Florida underscore the importance of school preparedness for active shooters. FBI statistics show that over 21% of active shooter incidents in the U.S. between 2000 to 2016 have involved educational settings, so school districts may consider rethinking their approach to handling active shooter incidents. ASIS International has published a white paper that discusses the various types of active shooter programs, methods of identifying and preventing potential attacks, target hardening in classrooms, and the pros and cons of arming teachers.

In March 2018, the National Center for Education Statistics and the Bureau of Justice Statistics released their annual report examines crime occurring in schools and colleges. This report presents data on crime at school from the perspectives of students, teachers, principals, and the general population. The report covers topics such as victimization, bullying, school conditions, fights, weapons, the presence of security staff at school, availability and student use of drugs and alcohol, student perceptions of personal safety at school, and criminal incidents at postsecondary institutions.

Within the next few months, the Department of Labor (“DOL”) is planning to issue new rules that will significantly expand the number of employees who are eligible for overtime under the FLSA. Now is the time for school districts to consider taking the following steps to prepare for the rule changes and it is unclear how much time DOL will give employers to comply with the new rules, but it could be only a few months.

March 25, 2015

In in its latest risk management newsletter, Munich Re provides guidance to schools on managing school violence.  Several states have enacted laws that address arming school staff to help stave off violence in schools.  In its newsletter, consultants at Munich Re provide an overview of these laws, the federal laws and the potential liability for arming teachers. The newsletter also provides potential alternatives to arming teachers.  Finally, the newsletter outlines a series of student behavioral warning characteristics that can alert school administrators as to whether a student will carry out a threat of violence.  Download and read today to stop the violence before it starts.

Hogan Lovells has produced a memorandum on the Department of Education's Guidance on whether the use of online educational services and mobile applications complies with student privacy laws. Review this memo to see if your district's use of online educational services comport with the Department of Education's suggestions.

Moreover, this guidance from the U.S. Department of Education provides a good opportunity to review SLRMA’s School District Use of Cloud Computing Services Self-Audit Checklist and Best Practices to ensure that your district is complying with Federal privacy law.

Is your school district protecting students’ privacy while using online educational tools? On February 26, 2015, the U.S. Department of education issued a guidance regarding school districts’ use of online educational services. Download Protecting Student Privacy While Using Online Education Services: Model Terms of Service. Hogan Lovells has produced a Memorandum on this guidance to assist our members in reviewing their own use of online educational services. Moreover, this latest guidance from the U.S. Department of Education provides a good opportunity to review SLRMA’s School Districts Cloud Computing Services Self-Audit Checklist to ensure that your district is complying with federal privacy law.

In its new client memorandum, Hogan Lovell attorneys outline the updated rules governing the schools and libraries universal service support program known as E-rate recently passed by the Federal Communications Commission (FCC). These rules significantly increase the size of the funding available to eligible schools and libraries for purchasing advanced telecommunication services.  School should take advantage of these rules now to ensure equal access to the funding, rebates and services that are critical to providing quality education to students. 

The U.S. Department of Education’s Privacy Technical Assistance Center provides guidance to schools in managing their issues involve student data. Recently, the Center issues its guide on cloud computing:  Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices.

Using a “FAQ” approach to helping schools identify the practicalities and pitfalls of using online education services, the guide is a practical risk management tool your school can use to help protect itself in using student data.

Associated Reading: pdf Hogan Lovells Memorandum on the Education Department’s Guidance (43 KB)

To further help your school understand and implement the guidance put forth by the U.S. Department of Education and further enhance your use of SLRMA’s pdf School Districts Cloud Computing Services Self-Audit Checklist (74 KB) , the Hogan Lovells law firm has prepared and permitted us to post a memorandum highlight the guidance.

According to the National Center for Education Statistics, 27.8% of sophomore female students who dropped out of high school did so because of pregnancy. Recently, the U.S. Department of Education’s Office of Civil Rights (“OCR”) issued its dear colleague letter and accompanying pamphlet regarding the rights of pregnant and parenting students to educational opportunities under Title IX.  It is clear, the OCR is looking more closely at school’s treatment of and efforts on behalf of pregnant and parenting students. Now is the time to download this article and accompanying material to review your district’s policies and procedures in light of the OCR’s suggestions. 

Schools need to remain vigilante that their policies and procedures are compliant with Constitutional principles. In this case from the Federal Court of Appeals overseeing Kentucky, the Court determined the school violated the a student’s Due Process rights when it expelled him without the benefit of a hearing.  In addition, the school searched his phone without justification in violation of the student’s 4th amendment rights.  This case provides the elements schools need to look at to see if a due process hearing is necessary and what is needed to justify a search of a student’s belongings. 

School liability for an employee’s conduct turns on the extent to which the school has knowledge of such conduct and whether, given the conduct, the school took appropriate action. In this case, the 6th Circuit Court of Appeals for Ohio addresses the liability of a school board and a principal faced with events surrounding the molestation of a student by a teacher. The summary outlines what your district needs to know about “deliberate indifference standard” and when officials will be protected by the doctrine of qualified immunity.

In Connelly v. Steel Valley School District, the Third Circuit Court of Appeals analyzed with a school’s disparate compensation scale between teachers with in-state teaching experience and those teachers with out-of-state teaching experience violated the fundamental rights protected by the U.S. Constitution. The Court ultimately held that schools can value in-state experience greater than out-of-state experience because it served the legitimate state purpose of promoting an efficient an effective school system.