1. SAVED BY THE BELL: INTERVENING IN STUDENT VIOLENCE
Jennifer K. Earley

2. PREVALENCE OF SCHOOL VIOLENCE
Nationwide, approximately 9% of teachers report that they were threatened with injury by a student from their school and 5% of teachers reported that they had been physically attacked by a student from their school.
In a 2015 national survey, 7.8% of students surveyed reported being in a physical fight on school property in the 12 months before the survey.
According to data collected by the Minnesota Department of Education, there were 3,869 assaults reported in Minnesota schools in
Of those Minnesota teachers surveyed, 6.5% said they’d been physically attacked by a student during the school year and 11.4% said they’d been threatened by a student that year.  

3. LIABILITY FOR STUDENT VIOLENCE
DUTY OF ORDINARY CARE In general, it is the duty of a school to use ordinary care to protect its students from injury resulting from the conduct of other students, or outsiders, under circumstances where such conduct could reasonably have been foreseen and could have been prevented by the use of ordinary care. Even sudden misconduct may create liability if foreseeable. Doe 175 v. Columbia Heights Sch. Dist., 873 N.W.2d 352 (Minn. Ct. App. 2016)

4. LIABILITY FOR STUDENT VIOLENCE
EMPLOYEE’S DUTY OF CARE In general, an individual or employee of a school district does not have a duty to protect another person from harm. There is an exception to this rule. A duty to protect another from harm will arise if: a. there is a special relationship between the parties; and b. the risk is foreseeable.

5. LIABILITY FOR STUDENT VIOLENCE
Sudden Unanticipated Misconduct
Negligent Supervision
School districts generally are not be liable for sudden, unanticipated misconduct. Schools are not required to anticipate the hundreds of unexpected student acts which occur daily or to guard against dangers inherent in rash student acts.
A claim for negligent supervision requires a finding “that supervision would probably have prevented the accident.”

6. LIABILITY FOR STUDENT VIOLENCE
EXAMPLES OF DUTY TO SUPERVISE

7. LIABILITY FOR STUDENT VIOLENCE
EXAMPLES OF STAFF’S OBLIGATION TO INTERVENE IN STUDENT ALTERCATIONS

8. OBLIGATION TO ENSURE STAFF SAFETY
There are a number of theories upon which staff raise claims against schools related to their obligation to address school violence when it arises. These claims may include:
A failure to provide adequate security
A failure to warn staff of violent students
A failure to properly discipline or supervisor student behavior
Breach of contact for failing to maintain necessary security procedures.
Worker’s compensation

9. OBLIGATION TO ENSURE STAFF SAFETY
EXAMPLES OF SCHOOL LIABILITY WHEN STAFF INTERVENE IN STUDENT ALTERCATIONS

10. STATE LAWS TO ASSIST IN VIOLENCE PREVENTION
Notification to Teachers of Violent Student Behavior
Student Discipline – Reasonable Force
Restrictive Procedures
Legal Actions against Districts and Teachers
Authorized Use of Force
Permitted Actions – Reasonable Force

11. RECENT LEGISLATIVE ENACTMENTS
School Crisis Response Teams
Pupil Fair Dismissal Act
General Control of Schools
Notification to Teachers of Violent Student Behavior
Student Discipline Working Group
Support Our Students Grant Program

12. METHODS TO ADDRESS STUDENT VIOLENCE
Utilize Available Resources
Study and Address Potential Security Concerns
Utilize Outside Resources
Revise Policies
Increase Comprehensive Communication to Students About Rules
Develop Procedures and Training for Staff
Consider Adding Student Programs