crisis management: school security and safety

C e r r i t o s • F r e s n o • I r v i n e • P l e a s a n t o n • R i v e r s i d e • S a c r a m e n t o • S a n D i e g o

Crisis Management: School Security and Safety

LACOE Facilities Network Meeting

May 17, 2013

Presented by: Salvador O. Holguín, Jr., Esq.

Atkinson, Andelson, Loya, Ruud & Romo 12800 Center Court Drive, Suite 300 Cerritos, CA 90703 562-653-3200 • fax 562-653-3333

Cerritos Office 12800 Center Court Drive Suite 300 Cerritos, California 90703

(562) 653-3200 Phone (562) 653-3333 Fax www.aalrr.com

C e r r i t o s • F r e s n o • I r v i n e • P l e a s a n t o n • R i v e r s i d e • S a c r a m e n t o • S a n D i e g o

SALVADOR O. HOLGUÍN, JR. Partner [email protected]

Education Law Experience Sal Holguín, Jr. is a partner in the Cerritos office of Atkinson, Andelson, Loya, Ruud & Romo. He represents public and private employers in labor and employment law matters which include collective bargaining, investigations, employee discipline, and defending employers against discrimination claims and contract grievances. In addition, Mr. Holguín provides advice and counsel to public school districts on general school law matters. In 2006, Mr. Holguín was named a "Southern California Rising Star" by Law & Politics and Los Angeles Magazine, based on a poll of selected Southern California lawyers. This recognition honors exceptional Southern California attorneys who are under the age of 40. Education Mr. Holguín received dual Bachelor of Arts degrees in both Political Science and Spanish from Stanford University and his Juris Doctor from the University of California, Los Angeles. He served as recruitment chair of La Raza Students Association and was an associate editor of the Chicano and Latino Law Review while in law school. Admission 1999, California Memberships Los Angeles County Bar Association, Mexican American Bar Association, Stanford Alumni Association, the California Latino School Board Members Association, and the South Bay Latino Chamber of Commerce Publications and Speaking Engagements Mr. Holguín gives presentations on a variety of employment and school law issues. He is able to adapt his presentations to both English- and Spanish-speaking audiences. His fluency in Spanish greatly facilitates school-related investigations involving Spanish-speaking students and parents. He is a contributor to the firm’s school law publications.


© 2013 Atkinson, Andelson, Loya, Ruud & Romo 1

Cerritos • Fresno • Irvine • Riverside • Pleasanton • Sacramento • San Diego


Presented by:Salvador O. Holguin, Esq.

May 17, 2013LACOE Facilities Network Meeting

First, a quick announcement• Today’s presentation focuses on violence prevention and

preparation

• There are many different planning strategies available for many other scenarios– Disaster planning for catastrophic natural events

– Epidemics

– Labor Strikes

– Mass Student Demonstrations

• Let us know of any interest in these kinds of presentations

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• Identify school safety and security threats (District level, site level, classroom level)

• Discuss strategies to prevent threats and secure students, employees and facilities.

Objectives for Today

California Constitution Art. 1 Sec. 28

A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws; provided, that nothing contained herein or elsewhere in this Constitution imposes upon the State of California or any public entity, board, or official any obligations or responsibilities which exceed those imposed by the Equal Protection Clause of the 14th Amendment to the United States Constitution with respect to the use of pupil school assignment or pupil transportation. In enforcing this subdivision or any other provision of this Constitution, no court of this State may impose upon the State of California or any public entity, board, or official any obligation or responsibility with respect to the use of pupil school assignment or pupil transportation, (1) except to remedy a specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution, and (2) unless a federal court would be permitted under federal decisional law to impose that obligation or responsibility upon such party to remedy the specific violation of the Equal Protection Clause of the 14th Amendment of the United States Constitution. Except as may be precluded by the Constitution of the United States, every existing judgment, decree, writ, or other order of a court of this State, whenever rendered, which includes provisions regarding pupil school assignment or pupil transportation, or which requires a plan including any such provisions shall, upon application to a court having jurisdiction by any interested person, be modified to conform to the provisions of this subdivision as amended, as applied to the facts which exist at the time of such modification.

All students and staff of public primary, elementary, junior high, and senior high schools, and community colleges, colleges and universities have the inalienable right to attend campuses which are secure, safe and peaceful.



School Safety and Security: Overview• Nationally, violent incidents in public school campuses are

on the decline since their national peak in 1993-2010

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Source: National School Safety Center“Violent Crimes” include rape, sexual assault, robbery and aggravated assault

Homicides in Schools by Year Other violent crimes (per 1000)

School Safety and Security: Overview• Although violent incidents have been in decline since 1993,

there still exists a high rate of crime on school campuses– In 2010 (Ages 12 to 18)

• 470,000 reports of thefts

• 359,000 violent incidents,( 91,400 were “serious”; rape, sexual assault, robbery and aggravated assault)

• Rate for “serious” crimes in schools: 4 per 1,000. (= to National average)

– In 2007-2008

• 7 % all teachers reported threats of physical violence by a student

– In 2009-2010

• 85% of all public schools reported at least one crime on campus, (1.9 million crimes.) 60% of these were reported to law enforcement.

(Source: Institute of Education Sciences)

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School Safety and Security: Overview

Gun-related incidents at California schools– January 17, 1989: Stockton (mentally-ill gunman)

– May 1, 1992: Olivehurst (student takes revenge for failing grade)

– August 15, 1996: San Diego (student takes revenge for perceived conspiracy)

– March 5, 2001: Santee (bullied student assails classmates)

– March 21, 2001: El Cajon (disgruntled student assails administrator)

– June 16, 2009: San Francisco (mentally-ill gunman)

– September 3, 2009: San Bruno (argument between students)

– October 8, 2010: Carlsbad (mentally-ill gunman)

– January 10, 2013: Taft (revenge shooting for bullying)

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To Prevent: Know Where Threats Come From

• “Outsiders”– Intruders seeking to do harm (armed/unarmed)

• What about people not seeking to do harm (e.g. members of the public using athletic facilities during school hours)? Are they “intruders”?

• “Insiders”– Employees

– Students

BOTTOM LINE

Security threats come from everywhere

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Top-Down and Bottom-Up Strategies

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District

Site

Classroom

District Level: Big PictureWhat is the District’s Role?

Most security threats and vulnerabilities occur at the site level. The district can assist by:

• Training Site Staff– Teaching employees to recognize potential threats and response

expectations

• Procuring Resources– Acquiring personnel and equipment

– Obtaining funds from outside sources to address security issues

• Planning with and maintaining a close relationship with emergency response resources

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Know Your Resources

• Collaboration With Existing Resources Is Key – School/Law Enforcement Partnership (State Dept. of Education)

– Law enforcement/School resource officers

• Security personnel

– Other school districts

– Other staff at school site (school-wide “town hall” meeting?)

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Procurement: Personnel and Equipment

– Assess whether to procure necessary personnel and equipment

• Site administrators should be encouraged to raise general security concerns and how they may be addressed

• School safety plans should provide recommendations for necessary personnel and equipment (more on this later)

– If necessary procure personnel

• Education Code sections 38000, et seq.: allows districts to apply for State funding to establish security or police departments

• Collaboration with local law enforcement for permanently-stationed officer. Understand how they would otherwise respond to threats.

• Hiring classified employees

– Consult with bargaining unit to ensure no existing employees are performing similar functions. Other workplace safety aspects may be negotiable.

• Memorialize agreements in a collective bargaining agreement

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Procurement: Personnel and Equipment– Equipment

• Telephones/walkie-talkies/two-way communications devices

– Critical for quick communication to either prevent the escalation of an incident or communication during a crisis event

• Locking doors/gates

– Note: doors that can lock from the inside are now required as part of all new construction or modernization projects (Education Code section 17075.50)

• Metal detectors

– Word of caution: Courts and the Attorney General have opined that a school must demonstrate a “substantial safety problem” exists before installing metal detectors, as they constitute a suspicionless search

• Intercoms

• Maintenance of and upgrades to existing equipment

• Alarm systems

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Procurement: Obtaining Funds

– Funds For Safety Equipment

• Education Code section 32228 ($5,000 per site or $10,000 per district, whichever is greater) for schools serving grades 8 through 12

• Education Code section 35294.10 (no dollar limit) for schools serving grades K through 7

• Education Code section 17077.10 allows schools to apply for State funding to place telephones in classroom in modernization projects

• Education Code sections 32225 and 32226 allow for State funding for communications devices

• Title 5, Section 4502 allows districts to allocate Economic Impact Aid funds for non-instructional purposes so long as they are applied towards school security measures (including hiring personnel!)

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– Funds For Training

• School/Law Enforcement Partnership through State Department of Education will provide training for development of school safety plans upon request

• Education Code sections 32228 and 35294.10 funds may also be used for training to employees to detect at-risk students, threats of violence, conflict resolution, and other methods designed to address violence

• There is federal funding available through the Department of Education for emergency management and preparedness. The Department of Education has allocated $64.9 million to be set aside for competitive proposals

– Further resources available from California Department of Education (http://www.cde.ca.gov/fg/aa/ca/ssvpp.asp)

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– One bold prediction: In the wake of the Sandy Hook tragedy, non-competitive federal funding may become available within the next calendar year for programs, equipment or training designed to address security concerns

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Site Level: Practical Application

What is the Site’s Role?

As stated above, most security threats and vulnerabilities occur at the site level. Each school site should:

• Develop a school safety plan

• Be the “front line” in ensuring staff and student safety

• Understand the district’s approach to securing and protecting students, staff and facilities

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What Should Be Included?

• School safety plans, in general, require great detail; Department of Education guidelines should be consulted

• Consult with law enforcement, district attorney, safety services (fire, first aid), State Architect, & legal counsel

• Suggestions for violent incidents specifically– Communications (between classrooms, site-wide, site to district)

– Classroom management during a violent incident

– Designated persons to respond (but be careful: do not put employees in harm’s way)

– Meeting points (similar to disaster preparedness)

– Contact between site and parents/families

– Emergency Board Meeting Plans

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Ensuring Staff and Student Safety• Site administration, as the first chain of management,

should be the first line of defense and assistance for staff members and students alike

• Always be available to listen– To staff: student concerns? Parent concerns? Other staff

concerns?

– To parents: is their student experiencing problems?

– To students: are students concerned about other students?

• Self-assess– Where are the physical vulnerabilities on campus?

• Are the problematic access points? “Blind” spots? Open campuses?

– What behavioral patterns exist (is there a deeper problem)?

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Classroom Level: The Front Line

What is the Classroom’s Role?

Teachers, counselors and others who work directly with students are the first line of defense in protecting students should a violent situation arrive. Employees in the classroom should:

• Maintain a safe classroom and environment for students and self

• Notify site administrators of concerns and suggestions

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Maintaining Safe Classrooms

• GOOD VISIBILITY– To see within the class, out of the class and into the class

• See danger approaching: Time to “lock-down” or follow plan for safe evacuation

• Allow safety personnel to assess any threats within and to permit their safe and unobstructed entry

– See and access all entrances and exits to the class

– Do not create blind spots with the layout of furniture

– Do not create hiding places. Lock closets, desk, filing cabinets

– “The Rule of Two”: At least two other people can see what anyone is doing at any time

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• REMOVE HAZARDS AND OBSTRUCTIONS

– Furniture can interfere with monitoring student behavior or provide hiding places

– Limit the number of items posted on walls or other clutter that would “feed a fire”

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• REMOVE HAZARDS AND OBSTRUCTIONS

– Do not place unsecured items on top of shelves or cabinets

– Do not cover or block windows with drapes, curtains or furniture

– Secure hazardous substances and supplies

– Follow safety directives of the fire marshal and maintenance department

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Keeping Yourself Safe

• Keep yourself and students safe first. Do not attempt to stop a violent actor when you risk your and your students safety

• Follow the school’s and districts safety plans. Follow the direction of and cooperate with safety personnel

• Periodically ensure that communication equipment in your classroom is working

• Submit a work-order to repair safety related issues in class– Facilities Managers: Make sure safety sensitive repairs are made in

a timely manner and prioritized accordingly.

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For questions or comments, please contact:

Thank You

Salvador O. Holguin Jr., Esq.Partner

(562) [email protected]

crisis management: school security and safety

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