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Criminal charges for school leaders? Florida eyes as tool for school safety.

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Mike Stocker/South Florida Sun-Sentinel/AP
Broward County School Superintendent Robert Runcie prepares to speak to the Marjory Stoneman Douglas High School Public Safety Commission in Sunrise, Florida, November 2018. The state鈥檚 creation of a grand jury, approved by the Florida Supreme Court Feb. 25, 2019, will put the spotlight on individual administrators and their enforcement of safety laws.

More than a year after a gunman killed 17 people at Marjory Stoneman Douglas High School in Parkland, Florida, public officials are wrestling with who to blame.

Some fault has fallen to law enforcement agencies, and controversies still swirl around many decisions made by school employees and administrators 鈥 both before and after the tragedy.

Now add to that mix a grand jury to examine school officials鈥 compliance with safety laws statewide. It鈥檚 the first of its kind in the United States 鈥 an investigation that could result in criminal indictments, policy recommendations, or both.

Why We Wrote This

A state grand jury to examine whether school officials are following safety laws is uncharted waters. How should society balance respect for educators鈥 tough work with the need to hold people accountable for children鈥檚 safety?

The grand jury is tasked with examining whether school leaders failed to report serious crimes to the state鈥檚 department of education, for example, and if they committed fraud or mismanaged funds set aside for safety improvements.

While much of the national dialogue has focused on renewed gun-policy debates 鈥撀爄nspired by Parkland student activists 鈥撀爐his new move in Florida puts the spotlight on individual accountability. It raises questions about what school and district leaders are expected to do to keep students safe, and what should happen if they don鈥檛.

From one perspective, a process that threatens criminal penalties for school officials could serve as a needed wake-up call nationwide. From another, it could be an unnecessary hammer coming down on an already high-pressure profession, in which some educators have literally put themselves in the line of fire to protect their students.聽

School safety consultant Dale Yeager applauds Florida鈥檚 newly elected Republican Gov. Ron DeSantis for calling for the grand jury, which the Florida Supreme Court approved Feb. 25.

鈥淚鈥檝e seen the death and destruction caused by a preventable crime,鈥 Mr. Yeager says. After analyzing school shootings and safety practices for more than two decades, he鈥檚 blunt about his assessment: Too many school administrators are not doing their jobs the way they should.

鈥淣obody has the political will to investigate and charge them with criminal neglect or other crimes,鈥 says Mr. Yeager, who has reported to government entities on school safety and is CEO of Seraph Inc., which trains and consults with school clients. 鈥淯ntil they are held accountable, it鈥檚 not going to stop.鈥

School administrators around the country will be watching the grand jury鈥檚 actions closely.

鈥淚t鈥檚 uncharted waters for school leaders,鈥 says Joseph聽Erardi,聽manager of the聽聽for AASA, the School Superintendents Association, and superintendent in Newtown, Connecticut, from 2014 to 2017. A devastating elementary school shooting took place there in December 2012.

School leaders don鈥檛 鈥渨ake up wanting anything other than what鈥檚 good for children,鈥 Dr. Erardi聽says. 鈥淲henever there is a tragedy,鈥 he says, there should be 鈥渁 partnership investigation with school leaders, with school board members.鈥 So to isolate them in a criminal investigation 鈥渕akes me uncomfortable,鈥 he says.

But Dr. Erardi agrees there鈥檚 an urgent need to ensure schools follow best practices. Since Newtown, 鈥渟ome of the low-hanging fruit is still not done,鈥 he says.

Hundreds of thousands of doors in classrooms are still not lockable from the inside, for instance.聽

鈥淪afety is an issue [superintendents] need to be in front of,鈥 Dr. Erardi says. When he asks them at conferences how many have athletic directors, they nearly all raise their hands. But when he asks how many have school safety directors, only about a third of the hands go up.

Another essential is partnership with local law enforcement. 鈥淚f the superintendent and police chief don鈥檛 get along, one needs to be fired or leave,鈥 Dr. Erardi says.

Brynn Anderson/AP
Jennifer Montalto listens to testimony during the Marjory Stoneman Douglas High School Public Safety Commission in November 2018, in Sunrise, Florida. Ms. Montalto's daughter, Gina, was killed in the February 2018 mass shooting at Stoneman Douglas. At least 43 states and the district of Columbia require schools to have safety plans, but only 14 require safety audits of school facilities, the Education Commission of the States reported in February.

Many plans, few audits聽

At least 43 states and the District of Columbia require schools to have safety plans, but only 14 require safety audits of school facilities, the Education Commission of the States reported in February.聽(See related sidebar.)

Broward County Public Schools, the district that includes Parkland, created the position of safety chief and filled it in February. Florida created an Office of Safe Schools last year, and now requires schools to use a safety assessment tool that had long been available.

But the December 2018 report by the Marjory Stoneman Douglas High School Public Safety Commission聽noted, 鈥淓ven after the MSDHS shooting and the implementation of new Florida law requiring certain safety measures, there remains non-compliance and a lack of urgency to enact basic safety principles in Florida鈥檚 K-12 schools.鈥

The report called on all stakeholders 鈥 not just school leaders, but also governments, law enforcement, and mental health providers 鈥 to do their part.聽

One recommendation: Make sure schools accurately report safety incidents.聽A聽 found that several incidents had not been reported by Stoneman Douglas, and that other schools throughout the state failed to report serious crimes, including rape and murder, to the state education department.

Political backdrop

Governor DeSantis鈥 efforts to pinpoint individuals for lapses related to the Parkland shooting is part of a broader picture with a political backdrop.

When he took office in January, the governor suspended Broward County鈥檚 Sheriff Scott Israel, a Democrat. Sheriff Israel, an elected official, is appealing through the state Senate. He also sued the governor March 7, claiming he was removed for political reasons. A large majority of Broward voters are Democrats.

Governor DeSantis and some Parkland parents have also called for the resignation or firing of Superintendent Robert Runcie in Broward, the nation鈥檚 sixth-largest school system.

鈥淗e鈥檚 seeking to be a reform governor, and right now his actions are proving very popular across the state,鈥 says Charles Zelden, a political science professor at Nova Southeastern University in Fort Lauderdale, Florida. But it鈥檚 also part of an 鈥渙ngoing tug of war for power between centralized state government in Tallahassee and the county governments,鈥 which have a lot of autonomy.

Since Mr. Runcie is appointed by the elected school board, the governor can鈥檛 remove him.

The current school board includes one parent of a student killed at Stoneman Douglas, and others elected since the shooting. On March 5, it voted 6 to 3 to keep Mr. Runcie in place.

鈥淣ow, it is time to come together as a community to ensure all of our schools across the District are safe and secure,鈥 Mr. Runcie said in a written press statement after the vote.

Other views of accountability

The issue of individual accountability doesn鈥檛 have to be seen through the lens of partisan politics.

鈥淚f the grand jury finds people who are legitimately not doing their jobs, ... this will have support across the political spectrum,鈥澛燚r. Zelden says.聽

Mr. Runcie himself didn鈥檛 oppose the grand jury when the Monitor inquired. In a statement emailed by district spokeswoman Kathy Koch on March 7, he said: 鈥淚 agree with Governor DeSantis鈥 decision to examine safety measures in school districts throughout the state and support any review or investigation that could result in improved safety and security in our own district and school districts statewide.鈥澛

The Florida Association of School Administrators did not agree to interview requests.聽

Whether or not people end up losing their jobs or going to jail, says Mr. Yeager, the safety consultant, 鈥渢his grand jury is going to have a beautiful, wonderful, long-lasting effect on school safety.鈥

He says he has seen a disturbing 鈥渓ack of professionalism,鈥 such as school administrators sitting in meetings and rubber-stamping safety plans they are supposed to be updating. Principals, special education directors, and district leaders will think, 鈥淚鈥檓 now under a microscope,鈥 he suggests. And school board members will realize, 鈥淚 have to get intimately involved with school safety, not sit on the sidelines and hope for the best.鈥

School leaders are asking great questions about how best to keep students safe, notes Dr. Erardi, who fields calls on the AASA鈥檚 safety hotline.

鈥淭hey鈥檙e all working hard and we鈥檙e moving in a direction that鈥檚 a better place,鈥 he says. "If there needs to be an incentive to protect children, you better get out of the business.鈥

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Sidebar: How one state works to ensure school safety

As in many states, schools in Kentucky are required to review emergency plans each year. But the way the Bluegrass State supports school safety more broadly is often cited as a model.

More than 1,000 schools there have benefited from a comprehensive assessment offered by the Kentucky Center for School Safety. Trained consultants with school leadership experience visit, conduct surveys and dozens of interviews, and make recommendations for how safety can be improved.

If students say that during drills their teacher locks the door and just keeps teaching, instead of following protocol for students to huddle in a more secure area, for instance, the consultant will alert school and district leaders. Later they鈥檒l check in to see how many recommended changes the schools have made. 

In 1998, one year after a high school student in West Paducah, Kentucky, fatally shot three schoolmates, the state set up the center, along with a grant program to help districts reduce violence and prepare safety plans in conjunction with law enforcement.

School staff have to be briefed on updated emergency plans before the start of each school year. In the first 30 days, and again in January, five drills are required 鈥 including one lockdown drill.

To keep politics out of the equation as much as possible, the center is independent from the education department, says executive director Jon Akers. And to gain the trust of superintendents and principals, it has long served in an advisory capacity, rather than doling out consequences for noncompliance.

A newly passed law adds another layer of accountability. Along with addressing mental health needs and suicide prevention in schools, it creates a state school security marshal position within the Department of Criminal Justice Training.

If schools fail to comply with safety requirements, the law allows for withholding of school construction funds until they do. Most school districts have building or renovation projects underway, Mr. Akers says, so 鈥渢hat will capture their attention.鈥

The new law came after a school shooting near Benton, Kentucky. A student from Marshall County High School is awaiting trial on charges that he opened fire and killed two schoolmates there in January 2018, just a few weeks before the Parkland, Florida, shooting.

The school didn鈥檛 have noncompliance issues, Mr. Akers says. Its campus had many unattended exterior doors, though. The new law requires schools to do more to restrict access to school buildings by 2022. metal detectors at a limited number of entrances, and has buzzers alert officials if other doors are opened.  

But the more important factor, Mr. Akers says, is that 鈥渒ids are greeted by staff members every morning鈥. That鈥檚 more effective, establishing a relationship with the kids.鈥 For every one school shooting, he says, many more have been averted because 鈥渟omeone broke that code of silence鈥 and trusted an adult enough to share warning signs. 

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