Status Check On School Security.

1. Status Check On School Security.

2. Presentation Overview… • Recap From This Summer • Litigation Trends • Active Shooter Insurance • Threat Assessment Teams • Common Physical Upgrades • Mississippi School Safety Task Force

3. Active Shooter(AS) Defined… • Individual(s) attempting to kill people in a populated area/confined space. • They are unpredictable and evolve quickly. • Stopping an AS: law enforcement, suicide, or other person intervention.

4. 19 AS Events From January Till May 2018 • 01/22: Italy, Tx • 01/23: Brenton, KY • 01/31: Philadelphia, PA • 02/01: Los Angeles, CA • 02/05: Oxen Hill, MD • 02/09: Nashville, TN • 02/14: Parkland, FL • 02/27: IttaBena, MS • 02/27: Norfolk, VA • O3/02: Mount Pleasant, Michigan • 03/07: Jackson, MS • 03/07: Birmingham, AL • 03/20: Lexington Park, MD • 03/29: Eurpora, MS • 04/12: Raytown, MO • 04/20: Ocala, FL • 05/11: Palmdale, CA • 05/18: Sante Fe, TX • 05/25: Noblesville, Indiana

5. Just Two Of Those Events Had The Combined Grim Statistics of 17 Dead and 27 Wounded.

6. Where, When & How Did The Assaults Occur? • Where Did The Shootings Occur: • In The Classroom • In The Hallway • In The Gym • On The Track • Outside Of The School Perimeter • In The Parking Lot • Outside The School Library • School Commons Area • School Cafeteria • Dorm (3 times) • Recreation Center • Types of Weapons Used: • Hunting Rifle • Handgun • Shotgun • Assault Rifle • When Did The Shooting Occur: • Before School • During School • After School • On May 18, 2018,(138 days into 2018) Business Insider reported 101 mass shootings in the U.S. to date.

7. A Grim Update… As of December 2018, there were 337 mass shooting events for the year in the United States. This statistic includes all venues for mass shootings, not just schools. Based on information reported at the Gun Violence Archive

8. Anyone Want To Volunteer To Discuss Their Recent School Security Efforts?

9. A Game of Chance… Wall Street Journal, 08/2018: The odds of a student or employee getting killed in a school shooting? One in 4.8 million. • 1990 to now: 150 children/adults killed • 1999 to now: 208,000 have experienced campus gun violence (The Washington Post (WAPO), 11/13/2018).

10. The Most Important Reason For Having An Effective Plan Of Action? Keeping Your Kids and Employees Safe!

11. Another Reason… The Ensuing Litigation

12. Can MS School District Employees Be Successfully Sued For Negligence Related To School Safety? I don’t want to give you legal advice, so you need to consult with your school attorney on this question. • In general, the 1984 Mississippi Tort Claims Act eliminated sovereign immunity for government employees for claims arising from negligence. • BUT, there are exceptions to this rule! Talk with your school attorney! Big Question: Was it a discretionary function? • Jones v. Mississippi Department of Transportation, 744 So.2d 256 (Miss. 1999) • Brantley v. City of Horn Lake, 152 So.3d 1106 (Miss. 2014) • Wilcher v. Lincoln County Board of Supervisors, et al., No. 2016-CA-01429-SCT (May 24, 2018)

13. If So, Who Might Be Sued? • School District • School Superintendent • School Administration/Teachers • School Security • Local Government • Local Police • Third Parties: Contractors

14. What Have Been The Costs? Direct Costs • Litigation (Lawsuits) • Compensating Victims • Paying For Funerals • Providing Trauma Care • Reconstructing or Refurbishing Buildings • Replacing Buildings • Investing in New Security Measures Indirect Costs • Reputational Damage • Loss of Tourism Revenue • High Turnover Among Workers (Teachers; First Responders) (Source: http:///www.governing.com/topics/education/gov-cost-of-active-shooters-insurance.html)

15. How Much Did It Cost To “Recover”? • $39,000,000: 2007 Virginia Tech shooting: • $11.4 million: Safety and security upgrades • $6.4 million: Cleanup, renovations, and other facility changes • $4.8 million: Settlement payments and other legal costs • $2.7 million: Support for survivors and families of victims • $3.2 million: Other operational expenses • $9.5 million: State expenses, including settlements • $590,000: Healthcare costs (Source:mcgowanprograms.com) • $50,000,000: 2012 Sandy Hook Elementary School shooting. • $50,000,000: 1999 Columbine High School Shooting. • $25,300,000 to replace the MajoryStoneman Douglas High Schoolin Parkland, FL (CBS News, June 8, 2018)

16. What Have Plaintiff Attorneys Sought To Prove?

17. Some Legal Theories Behind The Lawsuits • Employee Lawsuits: • Employers must have a place free of recognized hazards. (U.S. Occupational Health and Safety Administration) • “…active shooting incidents are considered such a hazard.” (Business Insurance Report, 2018) • Victim and victim’s family Lawsuits: • Negligence • Failing to provide adequate security; failing to supervise students; ignoring threatening behavior; allowing bullying to escalate. (More Schools Are Buying Active Shooter Insurance; Wall Street Journal; August 2, 2018

18. Broad Definition of Victim • 6 year old (died) and teacher were shotat a school in Townville, SC on 09/28/2016. • This lawsuit filed in September 2018 by witnesses. • Negligence by the School • Failing to have an Emergency Action Plan; Failing to notify parents of the inherent dangers of not having such a plan; Failing to exercise reasonable care for the well-being of the affected children; Violation of state and federal safety regulations; Failing to safeguard the school’s playground • Negligence by the Police • Failure to deliver trauma kits that had previously been donated • Damages: negligence; injuries caused, counseling and related medical costs; cost of trial; and any other jury based relief (Fox News; Parents of 5 children who witnessed Townville school shooting files lawsuits; Jon Randall; 09/25/2018)

19. No Worries, I Have An Active Shooter (AS) Plan!

20. A Few Items Lawyers Might Look For… • Are your safety efforts documented? • Efforts to address bullying; student threats; assaults; etc. • Efforts concerning mental health and other employee training. • Efforts addressing the daily security routine: • Cameras. Is anyone reviewing and documenting digital security? • Any gap between policies/procedures & actual practices? • Do you have drills? What kind are they? How often? • How is the success measured? Does your training reflect this? • Improvements or changes documented? • Are you making unfounded claims (Liability Language)?: • “Safety is our #1 priority!” Can you prove this? (Safeschools.com; 2017; 5 Tips To Avoid A School Safety Lawsuit)

21. How Will You Pay For All Of The Possible Litigation and Physical Damage?

22. Active Shooter Insurance? • Many school districts that had an AS event now carry additional AS insurance. • Since the Parkland, FL attack, at least 7 South Florida school districts have purchased AS coverage. • An AS insurance providerreported 20% increase in inquiries month to month(McGowan Program Administrators). • After Parkland, one provider received 12 inquiries in the first weekafter the attack(Southern Insurance Underwriters). (With shootings on the rise, schools turn to Active Shooter insurance; June 2018 governing.com)

23. Some Insurance Questions To Know • What are your existing coverage limits and exceptions related to AS? • Does a lawsuit have to be filed before existing coverage begins? • Specific Active Shooter coverage may immediately cover: victim expenses such as medical bills; agency costs such as extra security and lost income; and traditional liability costs. • Will certain risk mitigation strategies negatively affect your existing coverage, such asarming teachers or baseball bats in the classroom? • New Mississippi AS mitigation efforts recommend an option of arming non-police officers for the schools! (http:///www.governing.com/topics/education/gov-cost-of-active-shooters-insurance.html)

24. Sample of Active Shooter Insurance Costs (Also Known As Active-Assailant Coverage) • AS Premiums For School Districts: • $1,800 to $1,000,000 per year: small school systems • $175,000 to $20,000,000 per year: Large school systems • (Insurance Business Magazine) • Common exclusions/limits: • Employees not covered—only guests and visitors • Casualty thresholds may exist (will only pay so much…) • Terrorist incidents excluded(for political reasons, people want to label these as terrorist incidents) • Vehicle-borne attacks may be excluded • IED’s excluded: Coverage only against firearms/bladed weapons (Risk Management Magazine)

25. A Few Companies That Offer Active Shooter Insurance… Disclaimer: I am not endorsing these companies. I receive no money, compensation or other benefit(s) of any kind from the below companies! • Your insurance company? • McGowan Program Administrators • Southern Insurance Underwriters, Inc. • Beazley Group, Inc. • XL Caitlin • Hiscox Limited • Jardine Lloyd Thompson Group • Church Mutual Insurance • Special Markets Insurance Consultants (SMIC)

26. What Is The Affordable Chance To Avoid The Lawyers, Litigation And Insurance Salesman?

27. Consider Having An Active Threat Assessment Team (TAT)!

28. TAT Focus: Behavioral Intervention: Identifying And Acting On Identified Violent Tendencies.(Natalie Delgadillo; With shootings on the rise, schools turn to active shooter insurance; June 2018; governing.com)

29. What Constitutes An Effective TAT? United States Secret Service (2018): • Who is on a Threat Assessment Team. • Stakeholders: teachers; guidance counselors; coaches; school resource officers; mental health professionals; and school administrators • What does a Threat Assessment Team do? • Identify concerning behaviors and vet potential threats • Provide resources to manage concerning students • Require on-going training among the stakeholders

30. USSS: Other Prevention Steps Improve School Climate: • Foster a climate of respect and trust • Reinforce clear policies and procedures Improve Communication: • Build relationships between students and teachers • Promote communication • Promote information sharing between the school and community stakeholders • Liaison with law enforcement Create Structured Measures: • Create a central reporting system for troubled behavior: • Online form; dedicated email address; dedicated phone number; smartphone applications: • SaySomething; Safe2Tell; iWatch Texas; Sandy Hook Promise (free)

31. Back To Litigation $ “If you’re a school without strong behavioral intervention approaches, you are extremely vulnerable to litigation, because this is so well established. It’s like a standard of care.” (Mike Dorn, Safe Havens International; With Shootings on the Rise, Schools Turn to Active Shooter Insurance; www.governing.com)

32. Some Common Physical Security Upgrades To Consider

33. Physical School Upgrades To Consider #1: ALWAYS CONSULT WITH LOCAL LAW ENFORCEMENT FIRST! • City, county, state LEOs; County Emergency Management Director • Only School Buses Can Pull Up Close To The School • Bollards To Protect The Main Entrance • Live Feed Cameras And Security Cameras • Mantraps (double doors with space in between) • Retractable Walls/Gates To Seal Off Communal Areas From Classrooms • Magnetic Door strips (auto lock/open doors) • Reinforced Push Button Locks On Inside Of Doors • Notification System (overhead) • Panic Buttons (office/classrooms) • Numbered Windows and Doors PM: Guide To Safer Schools

34. More Security Enhancements To Consider… #1: OF COURSE, ALWAYS CONSULT WITH LOCAL LAW ENFORCEMENT FIRST! • Strategic Landscaping • Key Card Access Gates/Doors • Armed Police (professionals!) • Gunshot detection: immediate police notification if a gunshot occurs • Shatter-resistant film (flip side of this film: keeps people in) PM: Guide to Safer Schools

35. MS School Safety Task Force Education Recommendations: • Create a Crisis Response Team. • Establish means to report threats (via Crime Stoppers?) • School district website link for parents/students/others • MS will initiate a state-wide media campaign on school safety • Maintain a trauma /tourniquet kit. • Conduct an active shooter drill each semester. • Attend CRASE training annually. • MS Office of Homeland Security will lead a threat assessment for each school. Fusion Center funding to help with monitoring social media. • 1 school resource officer per 1,000 students. • Alternately, “school marshal program”: retired LEO or military. Mental Health Recommendations: • Expand student access to local mental health resources/clinics. • School district employees training: Mental Health First Aid for Youth. • Annual 2 hour refresher course on mental health/suicide prevention.

36. Civilian Response To Active Shooter Event: CRASE

37. Some Final Considerations • Hire A Security Director For Your School. • The Security Director Should Be At The Assistant Superintendent Level: Principals Answer To This Person OnlyOn Security Matters! • The Security Director Answers To The School District Superintendent. • Ensure Your Security Director is Communicating With Other Security Directors and Sharing/Learning Best Practices. • Ensure A Close Working Relationship With Local Law Enforcement. • Have A Security Director State Conference Each Year.

38. Thank You!