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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. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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