How often, why does Fayette County use pepper spray on students? What we know

Fayette school police have used pepper spray to control unruly students five times in the 2022-2023 school year.

The measure was used “to keep students from hurting themselves or others,” district spokeswoman Lisa Deffendall said in an email Tuesday night.

In each pepper spray incident, including those on Feb. 3 and last November at Tates Creek High School, there was a physical altercation between students in which the students were at risk of serious injury. All other efforts to de-escalate the situation were unsuccessful, Deffendall said.

Some of those students, officers and in at least one case, others in the vicinity of the incidents experienced side effects from the spray.

Deffendall said that under district protocols, an ambulance is always called to evaluate those who came in contact with the spray and provide medical treatment as needed.

An after-action review is also conducted to determine if the use of pepper spray was appropriate. In each of this school year’s cases, the review concluded the action was warranted.

None of the individuals in the five incidents this school year were transported to the hospital for further medical treatment.

Three other incidents occurred this academic year at Martin Luther King Jr. Academy, an alternative school for students who have behavior issues, Deffendall said. The incidents occurred on October 18 and December 6 and 16, Deffendall said.

Those were the result of physical altercations that could have resulted in serious injury to students or staff after multiple efforts to deescalate the situation were unsuccessful, she said.

Fayette school police have deployed pepper spray a total of 10 times since the 2018-2019 school year, Deffendall said.

A year-by-year breakdown of incidents prior to the 2022-2023 school year shows use of pepper spray in the school district is on the rise. Those incidents include:

• Once on May 6, 2022 at Lexington Traditional Magnet School, a middle school
• Once on March 22, 2019 at Martin Luther King Jr. Academy
• Once on Nov. 7, 2019 at Lafayette High School
• Twice in one day on September 18, 2018 at Martin Luther King Jr. Academy.

Guidance around pepper spray usage

School police using pepper spray on public school students is legal under Kentucky law, Kentucky Department of Education spokesperson Toni Konz Tatman said Tuesday.

The Kentucky Department of Education will continue to ask Fayette County Schools officials for specific details about the pepper spray incidents, she said.

“KDE and Fayette County Public Schools have communicated regarding this matter, “ said Tatman. “KDE will continue to communicate with FCPS for specific details surrounding these issues and provide any necessary technical assistance to the school district to ensure safe learning environments for all students.”

Each situation requiring school police intervention using pepper spray is unique and nuanced, said Tatman. KDE’s Restraint and Seclusion regulation does “not prohibit the lawful exercise of law enforcement by sworn law enforcement officers,” she said.

Outside of law enforcement activities, school personnel are prohibited from using pepper spray on students which is considered an “aversive behavioral intervention,” Tatman said.

Fayette County Public Schools is in the unique position of having a police department under the umbrella of the district, Deffendall said in a Tuesday email.

Candidates are carefully screened and selected during the hiring process in order to identify individuals who have the skills, temperament and passion for working with young people, she said.

In addition to the law enforcement training required of any sworn officer in Kentucky, FCPS officers also receive specialized state training for working in schools, and district-required training in positive behavior interventions and supports, de-escalation, suicide assessment, trauma-informed care, and restorative and culturally responsive practices.

“Unfortunately, there are times when a physical altercation between students places themselves and others at risk of serious injury,” she said.

Deffendall said every effort is made to de-escalate the situation and stop students from fighting, however there have been rare occasions in which officers had to use pepper spray to restore order.

Pepper spray causes irritation of the eyes, skin and mucus membranes, according to The National Capital Poison Center’s website.

Eye exposures can result in pain, redness, watery eyes, difficulty opening the eyes and sensitivity to light, the website said.

“Skin exposures can cause pain, redness, swelling, and itching. Inhalation exposures can cause coughing, difficulty breathing, nasal and throat irritation, and runny nose,” the website said.

The effects are usually mild and temporary, lasting minutes to hours.

Fights

Two students and some school police officers on Feb. 3 experienced side effects from pepper spray school police used to break up a fight at Tates Creek High School.

It was the second time since November 2022 that Fayette County Public Schools police used pepper spray to break up a fight at Tates Creek High School, and that students and officers had side effects requiring medical care.

The November 2022 incident started when two students got into an altercation outside during dismissal in the bus loading area.

While staff were attempting to deescalate the disorder, another fight broke out and a crowd swarmed around it, according to a district letter sent at the time.

Students in the crowd refused to comply with commands from Fayette County Public Schools police officers and the situation escalated, so officers used pepper spray to regain control of the area.

In Fayette County, the school district held a second meeting of a council convened to study several issues of safety in Fayette County schools Thursday night at Tates Creek High School. There, students from every high school and program in the district shared feedback about school safety.

One of those teens, Devon Young, said some of his fellow students do not trust school police officers because of incidents such as the use of pepper spray for what he called “petty fights.”

“Pepper spray did not have to be used,” Young said.

A national concern

A committee of the Memphis-Shelby County Schools board in Memphis, Tennessee is meeting February 14 to discuss data on the use of pepper spray on students, Board Commissioner Sheleah Harris told the Herald-Leader. Media reports said students were sprayed with pepper spray 32 times in two months last fall in that district, according to Fox13 News.

There have been more incidents since then, Harris said.

She said there is a concern for the holistic safety of students and the impact of using the chemical agent — physically, mentally, emotionally and academically. Harris wants the district to come up with better methods when the issue is a behavioral one and no visible weapon is present.

“We have to come up with better de-escalation tactics to make sure we are protecting our students,” said Harris.

This story was originally published February 10, 2023 at 2:14 PM.