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Protecting students from the worst

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With a little thought, Frank Bush can easily imagine a range of scenarios that could put school children in danger.

An individual bent on harming people could circumvent the security cameras and locks on the building by breaking a school window and spraying the classroom with bullets. A school bus could crash or a student could get into a fight.

Life is fragile, the executive director of the Indiana School Boards Association said. But just as the possibilities for injuries are endless, no single solution will likely provide complete security.

Keeping their students safe is always a top concern of school corporations, attorneys said. Safety measures are reviewed and introduced not just to protect the children from unspeakable violent acts but also from fires, tornadoes, bullying, thefts and drugs. However, the December shooting at Sandy Hook Elementary School in Newtown, Conn., which took the lives of 20 students and six teachers, has fostered new concerns and is expected to inspire a crop of school safety bills in the Indiana General Assembly.

“I do believe awareness has been heightened,” Bush said. “I do think people are very concerned about disastrous events that occurred and are looking for responsible solutions for safety in schools.”

State and federal statutes have been enacted over the years to address security and protection issues related to students. Schools have safety specialists and emergency preparedness plans detailing what to do during a natural disaster or the procedures for a lockdown. Guns are prohibited within 1,000 feet of a school, and Indiana students caught with a firearm could be expelled from school for a year.

Shortly after the Connecticut tragedy, speculation surfaced if Indiana Code 35-47-9-1 could pave the way for teachers to carry guns because the statute includes an exemption from the school gun-free zone to anyone employed or authorized by the school to act as a security guard or who performs or participates in a school function.

The Legislature and schools often work together but, as attorney Marsha Volk Bugalla noted, the intent that seems clear in a proposal can become cloudy later. While drafting the bill the language may be very plain, but when it is implemented situations not contemplated can arise.

“We always want to be cautious that whatever we do is thoughtful and it’s not just an emotional response,” Bugalla, of Frost Brown Todd LLC in Indianapolis, said.

School resource officers

Days before the 2013 legislative session convened, Indiana Attorney General Greg Zoeller held a press conference to discuss Senate Bill 270, a school safety proposal. The bill, sponsored by Sen. Pete Miller, R-Avon, provides two-year grants of up to $50,000 to school corporations for school resource officers.

Zoeller emphasized the legislation was not a reaction to Newtown. The attorney general had initiated a study in the fall into the use of school resource officers in Indiana schools with the intent of assessing the benefits and concerns about existing SRO programs.

Duties of these officers can vary from district to district. Some are predominately used to provide security while others counsel misbehaving students and intervene in bullying situations. The study found a majority of parents and school administrators were “highly positive” that SROs were in their schools.

Miller’s bill is designed to define the duties of SROs as well as expand the program beyond the estimated one-quarter to one-third of Indiana school corporations that have them. It would appropriate $10 million into the Indiana Safe School Fund to support the grants.

“This proposal would be a good first step to meet an immediate need and expand resources officers into schools that don’t already have them, and still give the Legislature and Executive Branch the opportunity to look at other more long-term comprehensive safety options,” Miller said.

Funding could become the obstacle to this bill. Even Miller described the funding source as “conceptual at this point” with the details being adjusted during the legislative session.

Some school corporations will have enough money to be able to continue the SRO program when the grant expires, Bush said. Other school corporations are operating with such limited cash they have no revenue to match the grant unless they take a drastic step like laying off teachers.

“It’s going to be an unequal distribution of opportunity unless schools and the Legislature can come up with 100 percent of funding for the program,” he said.

Moreover, he questioned whether a $50,000 match would be enough. Would the SRO work five days a week, he asked. If the school has multiple buildings, would $100,000 ($50,000 plus the matching grant) cover the officers needed? Would the officer be in the high school, the elementary school, or at basketball and football games?

He maintains the schools and Legislature need to collect data. There needs to be more information on such things as which school corporations have SROs and how many of those officers are armed.

A January report from the National Association of School Psychologists on school safety emphasized the need for mental health services. The recommendations stated increasing services for mental health, along with social-emotional learning in the classroom, will improve the students’ physical and psychological health as well as academic performance and problem-solving skills.

Also, while the association supports “reasonable building security measures,” it cautioned against putting more armed guards in schools or arming the teachers. The report warned that “an over-emphasis on extreme physical security measures” will not improve school safety and could undermine the schools’ primary mission to educate.

Playgrounds to guns

David Day, partner at Church Church Hittle & Antrim, has represented school corporations for 35 years. Safety has always been an issue, but he has seen that attention turn from preventing injuries on the playground to protecting the students during mass shootings. Now, doors are not only locked, they are also numbered so in the event of an emergency, school personnel can direct the first responders to the correct location.

The focus of school safety changed with the April 1999 shooting at Columbine High School in Colorado and the terrorist attacks of 9/11. This caused school corporations to look at security in a new way and, particularly as a result of Columbine, brought about policies addressing bullying, Bugalla said.

After Newtown, Bugalla fielded calls from school superintendents while the schools assured parents and children they were safe.

“I think schools are always open to anything and everything that will help make them safe, bearing in mind that a school is not a prison,” she said.

Still, Day said, school administrators will become worried if a lot of new rules are passed but the funding remains nebulous. Echoing Bush, he advocates having a “good discussion” at the local, state and federal levels that takes into account that these problems are complex and not remedied with a single solution.

As Bush illustrated with his imagined scenarios, there always is another possibility for a horrifying incident.

“It’s a serious, serious thing that weighs on people’s minds when the next event is going to occur,” he said. “I just hope it happens in a way where someone can be stopped before it happens.”•

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  1. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  2. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  3. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  4. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  5. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

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