DENVER, April 14 (UPI) -- Colorado lawmakers are advancing a bill that holds public schools liable for shootings and other violence, allowing victims to collect up to $350,000.
The bill, which also allows the victims of school violence to sue for access to information regarding the incident, won support Monday at a state Senate committee hearing. The parents of Claire Davis, who was shot and killed at Arapahoe High School in December 2013, are championing the cause to get information about Karl Pierson, the student who shot her daughter. A separate bill making its way through the Senate will create a committee to study mental health in public schools.
"I will finally get my answers to what really happened at Arapahoe High School that terrible day," said Claire Davis' mother, Desiree. "Please don't make the next mother beg for answers of why her child was killed in a public school in the state of Colorado."
School district attorneys argued the bill that allows lawsuits would have a negative impact on how schools handle violence. Some say such a bill will force schools to expel students instead of helping out of fear of legal action.
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"This bill creates a lot of exposure for schools," said Sonja McKenzie, attorney for Cherry Creek School District. "If students engage in any kind of misconduct, in any way shape or form that could be deemed a safety issue, school administrators are going to have no choice other than to suspend or expel those students. In other words, it's going to eliminate any discretion. Kids won't get second chances anymore."
Claire Davis, 17, died Dec. 21 after she was shot in the head at the school. Police said Pierson, 18, entered the school with a shotgun, machete and bombs. Instead of turning away, Claire approached him. Pierson shot her and later took his own life.
In the weeks after the shooting, Superintendent Dr. Scott Murphy and other school officials refused to address complaints Pierson had ongoing behavioral problems or their handling of the shooting, citing a federal privacy law. Investigators later learned Pierson held a grudge against his speech and debate coach and was assigned to weekly counseling sessions to deal with anger.
After the 1999 shooting at Columbine High School that left 15 dead, schools across Colorado established threat-assessment teams with trained mental health professionals to determine an immediate threat.
Arapahoe High School's threat assessment team found Pierson to be a "low level of concern."
Since Columbine, scores of gun legislation were introduced nationwide, with only a small percentage passing. Few, if any, bills have addressed victims' rights to information regarding the school violence. If passed, the bill would mark a huge turnaround in Colorado law, allowing the families of victims to get a more complete picture about violence on campus.
If passed, it would be retroactive to Jan. 1, 2013, presumably to open the door for legal action by Davis' parents. However, the family has {link:agreed not to sue if they are given access to information:"http://www.denverpost.com/news/ci_27723456/father-claire-davis-district-provide-information-avoid-lawsuit" target="_blank"} that includes the school's discipline and safety procedures and information directly related to the shooting.
