DENVER – Gov. John Hickenlooper on Wednesday afternoon signed legislation that could hold schools liable for certain acts of preventable violence.
The legislation was named for Claire Davis, who was shot to death by a classmate at Arapahoe High School in Centennial in 2013. The shooter then turned the gun on himself. Davis was at the signing at the Capitol in spirit, with a cube placed on Hickenlooper’s signing desk complete with a photo of Davis and the mantra: “Choose to love.”
“Claire made an indelible mark on all of our hearts,” said Desiree Davis, Claire Davis’ mother. “She paid the ultimate price for trying to help a fellow student. Let’s learn from our past mistakes so that every student and teacher will know that Colorado truly cares for their safety in our schools.”
Since the devastating Columbine massacre in 1999 – which took the lives of 12 students and one teacher – there have been three separate incidents of school violence in Colorado in which students have been killed.
The legislation would allow for lawsuits to be filed against schools if a serious act of violence occurred that could have been prevented. Individuals would be able to recover up to $350,000 in damages, as well as obtain investigative information.
“These bills are going to help us make some real progress in doing everything we can to prevent school violence and to try and make things right,” Hickenlooper said.
The governor also signed legislation that creates a legislative committee to study issues with safety at schools.
Lawmakers attempted to quell concerns from school administrators by amending the Claire Davis School Safety Act to exempt a failure to suspend or expel a student. It also was amended to state that an employee is not subject to a lawsuit unless the employee’s actions are intentional or reckless.
Lawmakers also gave districts two years before damages or a negligence judgment could be ordered by a court. Those judgments will become possible in July 2017.
Durango School District 9-R Superintendant Dan Snowberger said that while it’s important for schools to take preventative actions, the district still has concerns with the bill.
“The preservation of rights of individual students whose behaviors are concerning over the rights of all students to be safe is a definite challenge for school districts that must be confidently addressed,” Snowberger said.
He also has concerns about increased insurance during tough financial times and frivolous lawsuits. Critics of the bill point out that many incidents arise unpredictably.
Much of the legislation aims at making it easier for parents to obtain investigative information after a serious act of school violence. The Davis family reported having an excruciating time obtaining information after the incident that led to their daughter’s death.
At the start of the legislative session in January, Senate President Bill Cadman, R-Colorado Springs, lit a candle in the Senate to honor Claire Davis and her family.
“I would suggest to you that, that light continues to this day, and will continue forever,” Cadman said. “Especially as these bills get signed and become part of Colorado’s future and hopefully the future safety of our kids.”
pmarcus@durangoherald.com
