Foreseeability is the new legal standard courts use to determine civil or criminal negligence during a school emergency incident. Foreseeability is a person’s ability to anticipate the specific result of an action. If a court decides a reasonable person should have been able to foresee results of an emergency incident causing damage or injury, a school and did nothing to address preparedness for that incident, there could be civil liability oven criminal charges.
WHAT WE KNOW
• We know there will be manmade and natural hazard incidents that will pose a threat to student and staff safety in the future. We know this because data tells us there will be future incidents causing emergency response to schools.
• We know there is a need for Digital and Behavioral Threat Assessment at schools, because the Secret Service has provided data to prove this need in their 2019 report titled “Protecting America’s Schools.