Today, keeping communities and schools safe is more challenging than ever for the agencies and officials charged with doing so. With active-shooters, cyber-terrorism, bio-terrorism, natural disasters, and other threats, safety planning and management requires an all-risks approach and an understanding of a wide range of laws. Also critical is communication and coordination between the various public agency stakeholders, include schools, police, cities, counties, fire, special districts, state agencies and federal authorities.
Areas of Practice
Our Public Safety Practice group draws from our decades of experience representing schools, cities, police, fire, and various other public agencies to provide integrated advice to our clients on safety-related issues. Areas in which the group provides advice include:
- Natural Disaster Response and Recovery
- Active-shooter response
- Threat assessment
- School safety planning
- Bullying prevention, investigation and response
- NIMS and SEMS
- Crises management and communication
- Interagency coordination
- Information sharing under privacy laws
- Search and seizure
- Workplace violence
U.S. Supreme Court Clarifies the Standard for "True Threats"
August 2023Number 32In Counterman v. Colorado (June 27, 2023, No. 22-138) 600 U.S. __, the United States Supreme Court analyzed the First Amendment’s free speech protections in the context of “true threats.” While previous case law had established that true threats are not protected speech (and therefore may be restricted), the Supreme Court has now clarified that for a statement to be considered a true threat and thus unprotected speech, the speaker must have had &ldq...
New Law Mandates Schools to Annually Inform Parents of Safe Storage of Firearms and Expands Reporting of Middle School and High School Threats to Law Enforcement
August 2022Number 41On July 21, 2022, Governor Gavin Newsom signed Senate Bill (SB) 906, creating new obligations for local educational agencies (LEAs) designed to prevent firearm-related incidents at schools and addressing threats made by students in middle schools and high schools. This bill takes effect January 1, 2023.Safe Storage of Firearms Information RequiredBeginning with the 2023-24 school year, SB 906 will require LEAs to include information in their annual notification to pa...
UPDATE: Ninth Circuit Finds Lawsuit Regarding COVID-19 Limits on In-Person Learning Now Moot
August 2022Number 36The plaintiffs in Brach v. Newsom (9th Cir. June 15, 2022, No. 20-56291) __ F.4th __, originally filed a case in U.S. District Court for the Central District of California, challenging various orders, including the 2020-2021 Reopening Framework, issued by California government officials concerning the operation of both public and private schools during the COVID-19 pandemic. The District Court denied the plaintiffs’ request to prevent the State from enforcing t...
REMINDER: New Fingerprinting Requirements for All Contracts Became Effective January 1, 2022
May 2022Number 21Due to lingering questions in the education community, we are sending this Client News Brief as a reminder concerning new fingerprinting and criminal background check criteria for employees of any entity that has a contract with a local educational agency (“LEA”). The 2021-2022 Education Omnibus Budget Trailer Bill (AB 130) was signed by Governor Newsom on July 9, 2021. Effective January 1, 2022, the requirements of Education Code section 45125.1 were br...
Updates to Masking Requirements for Students and Employees
March 2022Number 16The California Department of Public Health (CDPH) and the Centers for Disease Control and Prevention (CDC) recently released new guidance, which includes changes to the legal requirements for face masks and new health and safety recommendations for local educational agencies to consider.On February 25, 2022, the CDC released new guidance describing how the CDC now measures the impact of COVID-19 on local health and healthcare systems within each U.S. county. This new guidan...
Superior Court Dismisses Lawsuit Challenging the State's Face Mask Mandate in California K-12 Schools
February 2022Number 7On November 12, 2021, San Diego Superior Court Judge Cynthia Freeland ended a lawsuit filed against Governor Gavin Newsom, the California Department of Public Health (CDPH), and other California state health officials. The lawsuit was filed by two organizations, Let Them Breathe and Reopen California Schools. The plaintiffs’ complaint alleged nine causes of action and challenged, among other things, the CDPH’s guidelines and mandate for face coverings in K-12 ...
Legal Challenges to Student Vaccine Mandates Produce Varying Results
January 2022Number 5**Update Pending**Vaccine mandates enacted by and affecting local education agencies have faced various legal challenges, with differing outcomes. Divergent court rulings regarding student vaccine mandates have been issued, often within days of rulings regarding mask mandates, resulting in a changing and sometimes confusing legal landscape. This Client News Brief addresses the legal challenges to student vaccine mandates.LAUSD Student Vaccine Mandate – Los Angeles Su...
Laws & Regulations
School duty to provide a safe environment for students and employees. (Cal. Const., Art. 1, Section 28(f)(1).)
Comprehensive school safety plan requirements. (Education Code sections 32280 to 32289.)
Closed session meeting with law enforcement regarding tactical elements of safety plan. (Education Code section 32281(f)(3); Government Code section 54957.)
Standardized Emergency Management System (“SEMS”) requirements for schools. (The Petris Bill)(Government Code section 8607; Title 19, California Code of Regulations, Sections 2400-2450.)
School employee designation as disaster service workers. (Government Code Section 3100.)
Child abuse reporting requirements. (Penal Code Section 11164.)
Discrimination and harassment policies and procedures. (Education Code sections 200 to 234.5.)
Discipline for terroristic threats. (Education Code Section 48900.7.)
Release of student record information in an emergency. (Education Code Section 49076 (a)(2)(A).)
Agencies
California Department of Education - Provides guidance on safety planning as well as safety-related collaboration with constituents and partners.
California Emergency Management Agency - The agency responsible for overseeing and coordinating emergency preparedness, response, recovery and homeland security activities within the state. Offers a wide range of training, information and assistance to schools in emergency preparedness.
Department of Homeland Security - This federal department is responsible for securing the United States from a number of threats, including preventing terrorism, enforcing immigration, ensuring resilience to disasters, safeguarding cyberspace, and securing the country’s borders.
United States Department of Education - Offers guidance in creating physically and emotionally safe learning environments.
Federal Emergency Management Administration (FEMA) - Provides a wide variety of training & guidance for schools to strengthen their emergency management capacity.
Alfred E. Alquist Seismic Safety Commission - Offers information and guidance for earthquake preparedness.
Planning Guides
Enhancing School Safety Using a Threat Assessment Brief (July 2018)
National Threat Assessment Center - Brief
Enhancing School Safety Using a Threat Assessment Model (July 2018)
U.S. Department of Homeland Security; United States Secret Service; National Threat Assessment Center - Guide
A Study of the Pre-Attack Behaviors of Active Shooters in the United States Between 2000 and 2013
U.S. Department of Justice; Federal Bureau of Investigation
School and Firearm Safety Action Plan (May, 2018)
State of Texas: Governor Greg Abbot
Guide for Developing High-Quality School Emergency Operations Plans (June 2013)
United States Department of Education
Best Practice Considerations for Schools in Active Shooter and Other Armed Assailant Drills (December 2014)
National Association of School Psychologists & National Association of School Resource Officers
Primer to Design Safe School Projects in Case of Terrorist Attacks and School Shooting (2012)
Department of Homeland Security
National Clearinghouse for Educational Facilities Active Shooter Guidebook: How to Respond (2016)
California Emergency Management Agency
School Emergency Planning and Safety Page
California Emergency Management Agency
Natural Disaster Response Resources
Association of California School Administrators
