School Safety And Security – Standard Of Care

Pottstown PA

19 March, 2022

4:42 AM

Description

Press release from TriCounty Area Chamber of Commerce: March 17, 2022 School Safety and Security – Standard of Care By Kevin M. Craig, Assistant Vice President - Safety, Security, and Investigations Porzio Compliance Services, LLC, (Written for Malvern Bank) Local schools and schools nationwide have, since early 2020, substituted personal protective equipment, hand sanitizer, and social distancing in place of pre-COVID-19 security measures. Prior to the pandemic, schools were enhancing physical security in response to incidents of school violence and the need to make our schools safe from a variety of threats and hazards; but more importantly, make our children and parents feel safe when entering our buildings or sending kids off to school for the day. Malvern Bank, through our Independent School Division, asked Kevin Craig of Porzio Compliance Services, LLC, to prepare some guidance on the pivotal need for school safety and security planning. This column summarizes Craig's thoughts. The time has come to refocus our school security efforts and get back to basics. Now that pandemic mitigation measures are beginning to decline, common sense security practices should begin to re-emerge as we transition back to traditional learning. In spite of our best efforts to facilitate a learning environment where all students continue to advance, there will undoubtedly be some level of learning loss due to this pandemic and the requisite shift in how schools operate. The same is true for school safety and security. With an intense focus on temperature screenings, plexiglass barriers, and masks, we have, in some ways, unintentionally neglected common-sense security measures and practices. Things like suspicious activity reporting, assessing security, and training our staff on security protocols have been minimized. Propped doors and open windows became a mechanism to allow for fresh air rather than a forbidden breach of security and access control as they were before COVID-19. What is the Standard of Care for School Safety and Security? School security-related laws and regulations vary from state to state, and available resources are different for each school or district. School security experts agree that there is no "one size fits all" solution for school safety. There are, however, well-established best practices that constitute the standard of care against which schools will likely be judged. In addition to applicable laws and regulations, following these best practices will greatly improve schools' ability to provide a safe and secure environment for students and staff and provide schools with evidence to pass the reasonable standard test when considering liability for maintaining an appropriate standard of care. 1. Identifying Threats and Assessing Risk Identifying threats and hazards and assessing and prioritizing risk and vulnerabilities are vital to the planning process. While we cannot prepare for all eventualities before they arise, regular assessments should be part of the planning process to identify new and emerging threats to prioritize resources and plan accordingly. Engaging outside partners to identify threats and hazards and mitigate vulnerabilities can add value and avoid internal biases that can result in overlooking vulnerabilities and overestimating response capabilities. 2. Engaging Stakeholders for Effective Planning It is relatively easy to engage with internal leadership and staff to have discussions about emergency planning. At various levels, those within the organization provide valuable input related to emergency planning and how procedures may need to be adjusted to address challenges on the operational level. Equally important, however, is the inclusion of external stakeholders and emergency partners who will have roles in emergency responses during all phases of the emergency management cycle. Law enforcement, firefighters, emergency medical services, and emergency management personnel are typically associated with emergency response protocols and should undoubtedly be included in the process. There are others that should have a seat at the planning table as well. Health care providers, mental health professionals, risk managers, legal teams, and consultants can provide valuable insights in the process. When forming a planning team, it is important to remember that emergency plans must include all phases – before, during, and after a crisis. While police, fire, and OEM partners focus primarily on response (during), the other partners mentioned are vital to prevention, protection, and mitigation (before), as well as recovery (after). School Safety and Security and Emergency Operations Plans should be reviewed and updated at least annually in collaboration with the planning team. 3. Exercising Procedures and Training the School Community The most common way that schools exercise emergency procedures is by conducting drills. Required drills vary by state, but most require drills in some form and frequency. Conducting regular drills and discussions around security protocols familiarizes both staff and students with roles, responsibilities, and expectations in an emergency. Drills should be observed and reviewed to ensure that procedures are being implemented correctly. Drills also should incorporate security technology to test functionality, communication, and proper integration with procedures. We cannot reasonably expect that the school community will respond effectively in an emergency if we don't train them properly. At a minimum, disseminating up-to-date security procedures to staff and training them on appropriate responses is a necessity. This dissemination of information and related training should also be at least an annual occurrence. Of significant importance is providing this training to new employees and substitutes as well. Whether virtual or in-person, training is key to preparedness. 4. Protection from Threats and Liability School leaders often say that school safety is their top priority. Lessons learned after incidents of school violence, suicide, natural disasters, bullying, or other issues confronted by schools often tell a different story. School safety liability is often incurred after an incident when reviews find that schools failed to implement reasonable standards that would likely have prevented tragic incidents resulting in injury or death. (Families of the victims of the 2018 school shooting in Parkland, Fla., reached a $25 million settlement with the Broward County school district which resolved over 50 lawsuits filed against the district for negligence in the wake of the Marjory Stoneman Douglas High School shooting.) While 100% safety and security cannot be guaranteed, following well-established best practices and establishing a reasonable standard of care will truly prioritize school safety for our students and staff and limit the potential liability for failure to do so. There is no better time than the present for schools to take inventory of their security strategies to ensure compliance with applicable laws and regulations and consistency with industry standards and best practices. This press release was produced by TriCounty Area Chamber of Commerce. The views expressed here are the author's own.