| This study focused on the legal implications to school districts and personnel, concerning severe acts of school violence. Individual cases of public school negligent tort litigation, with specific inference toward foreseeable acts of severe school violence were reviewed and analyzed. Commonalities among court cases were extracted to determine the existence of vulnerable areas of school violence litigation.; The purpose of this study was to present pragmatic information derived from literature, legal review and court rulings, to afford school districts and school personnel a sound knowledge base of school violence and negligent tort liability. The information was further provided to assist school districts and school personnel make informed decisions, which may reduce the risk of litigation.; This study outlined major events, such as the nationally publicized school shootings, which have significantly impacted legislation, litigation, and the responsibilities of school personnel within the realm of school safety. As societal concerns for student safety continue to rise, school personnel may increase the potential for lawsuits when they lack an understanding of their legal responsibilities and subsequently fail to respond reasonably to school violence.; This study detailed legal principles relevant to school personnel, such as tort liability, the elements of negligence, the concept of sovereign immunity, and the issue of foreseeability, as well as presented pertinent literature and research on school violence.; The commonalities found within the reviewed court cases were determined and analyzed to provide specific safe harbor recommendations to school districts and school personnel. The derived safe harbor recommendations were intended to assist school districts and personnel decrease the risk of liability. Recommendations based on major similarities found within the court cases were provided in the areas of supervision, sovereign immunity, gross negligence, time and location, failure to warn, safety plans, foreseeability, and adult injury.; Future implications of this research include a need for additional staff development programs to assure the dissemination of comprehensive information concerning school violence research and trends, as well as the legal implications of negligent behavior to school personnel. |
