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Schools have no duty to protect their students? Florida District Judge has ruled that the school and other defendants had no duty to protect the students in the Parkland shootings holding that the students weren't in custody. Students are required by law to be in school, sounds like custody to me. What do you think?

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lerlo 8 Dec 18
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If schools have no duty to protect students, why is it they don't leave kids leave school grounds with just anyone?

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Schools already do all kinds of things to protect students. I guess they don't need to do any of that?

Carin Level 8 Dec 19, 2018

Guess not unless they put the kids in custody

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As a former teacher (retired), it is nearly impossible to "protect students". They act with impunity, do what they damned well please...with the support of their parents. They have their "Constitutional rights"...just ask them.
We were told that we could not give them orders...we could only give them "reasonable requests". Relate that to an active shooter situation where in the teachers are instructed to tell the students what to do, ie., turn out the lights, lock the door and be silent. In the school district I was employed, the teacher would have likey been ignored. How then can you protect them?

How about metal detectors and locking the doors? or security guards, although the one they had was hiding outside... I noticed you ducked the issue of a duty to protect

@lerlo You missed my point...how can you insist that teachers have a duty to protect, when due to student behaviour, it is not possible to protect them.

@dahermit The SCHOOL and the school district have the duty not the teachers ...they didnt sue the teachers

@lerlo I agree with the judge...what law states that school system has a duty to protect students? On the other hand, I have heard police administrators state that they have a mandate from the state that requires them to protect the citizens. As I see it, their mandate extends to students...it is the duty (by law) of the police to protect the students. Put police inside the schools as many jurisdictions already have.

@dahermit find anywhere that I said the teachers had any duty at all please. But is is scary that as a former teacher who is also at risk, you agree that the State and the schools have no duty to protect the students OR the teachers

@lerlo If it is held that a school system has a "duty" to protect the students, the school system will then delegate/order/mandate that responsibility to the teachers. The "school system" is a group of people who attend board meetings and a superintendent. They are usually not present in the classrooms or halls. It is the teachers who get stuck with the responsibility. That is how it works. As for protecting the teachers, the only entity I have observed "protecting" the teachers, are the unions, then only their rights against the administration. It is the duty of the police to protect the public. The administration is generally unable to find their asses even if they use two hands...let alone protect anyone.

@dahermit at a minimum you should learn about premises liability

@lerlo The term "protect" is what I have a problem with. It is ambiguous at best and I interpret it in a literal sense in relation to the current problem of armed intruders as in the original post about the Parkland shooting...it was not about "trip and fall" incidents.

@dahermit I get that you felt put upon as a teacher all those years, it must have been hard. That doesn't mean that a state that requires kids to be in a building shouldn't make the building safe for people inside. Whether it be putting signs up for a wet floor or metal detectors and door locks for people with guns, sorry

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