Random Metal Detector “Wanding” Searches to Ensure

School Safety A  “Deep  Dive”  Discussion

October  24,  2017

Presenters

-­‐  Dr.  Darneika  Watson-­‐Davis,  Division  of  District  Opera@ons

-­‐  Daryl  Narimatsu,  Division  of  District  Opera@ons

-­‐  Chief  Steve  Zipperman,  Los  Angeles  School  Police  Department

-­‐  Katrina  Campbell,  Office  of  General  Counsel

-­‐  Meredith  Karasch,  Office  of  General  Counsel

Discussion Topics

1.  Sampling of Critical Weapons Incidents in LAUSD 2.  Historical Overview of Development of the Wanding

Policy 3.  Current Wanding Procedure and Demonstration 4.  Understanding Weapons Statistics 5.  Parent/Student Survey Results 6.  Wanding Alternatives – Where do we go from here?

School Safety and Student Achievement

• Discipline Foundation Policy (2007) • School Climate Bill of Rights: Commitment to Implementing Restorative Justice in All Schools by 2020 (May 2013)

• School-Wide Positive Behavior Intervention Support (SWPBIS) Task Force

• Discipline Foundation Policy: The Rubric of Implementation (February 2014)

Wanding: How Did We Get Here? A Few Historical Reminders…

January 22, 1993

• Student Shot to Death at Fairfax High School. A classmate was holding a .357 magnum in his backpack. One student died; second student wounded.

February 23, 1993

• Student Shot to Death at Reseda High School. A football player was arrested for shooting another student. This was the second LAUSD shooting death in a one-month period. Officials decided to “step up” metal detector searches on campuses.

May 27, 1998

• Student Seriously Injured in a Knife Attack During Class at Walter Reed Middle School. The suspect began stabbing another boy during class.

Historical Reminders…

June 6, 2006 •  Student Fatally Shot at Venice High School. A 17-year-old student was

shot and killed after a fistfight spread to a campus parking lot. March 23, 2007 •  Student Fatally Stabbed at Washington Prep High School. The 17-year-

old senior was stabbed to death by another student in the quad area at dismissal time.

September 19, 2008 •  Two Victims Shot at Washington Prep High School. In a gang-related

shooting, two victims (12 and 19 years old) were shot next to the gym at the end of a football game.

Historical Reminders…

January 19, 2011 •  Two Students Shot at Gardena High School. The students were

wounded in an accidental shooting when a gun in a backpack was fired in the classroom. The 17-year-old suspect was arrested an hour later.

September 30, 2011 •  School Dean and Two Students Were Stabbed on Campus at South

Gate High School. January 27, 2015 •  A Boy, 13, was Charged With Stabbing a Student to Death Outside

Griffith Middle School. March 18, 2016 •  A Student was Stabbed at Bridge Street Elementary School.

Nationwide, This Issue Continues Today…

January 20, 2017:  “2 Injured in Ohio School Shooting Before Staff Members Intervene. Faculty and staff members’ response to the shooting is being praised. “ (CBS).

April 20, 2017:  “Violence In Schools: 18 Years After Columbine, Students Are Still Dying In Mass Shootings At U.S. Schools.” (NEWSWEEK)

September 13, 2017:  “Student opens fire at Washington state school, killing classmate (Reuters) - A student carrying two guns opened fire at his high school near Spokane, Washington on Wednesday, killing one classmate and injuring three others before he was apprehended by a staff member, the local sheriff said.”

History of LAUSD Wanding Policy

• After the 1993 Fairfax incident, LAUSD began a pilot program for random searches with hand-held metal detectors (“wands”).

• State Assembly Bill allocated $1.5 million to purchase metal detectors for all secondary schools.

• LAUSD implemented a written policy requiring searches and recommended daily searches.

• In April 2011, policy changed to require daily searches. • In October 2015, policy was revised to account for small high schools with satellite campuses.

Legal Basis – Federal Law

4th Amendment: ü Prohibits unreasonable searches ü Reasonableness depends on “all the circumstances surrounding the search or seizure and the nature of the search or seizure itself.”

Federal Law (continued)

School setting is different than the general population. ü Warrants are not necessary because of the substantial

interest in maintaining order. ü  School does not need probable cause; standard of

“reasonableness under all the circumstances.” ü  Students within the school environment have a lesser

expectation of privacy. [New Jersey v. TLO (1985) 469 U.S. 325, 340]

Legal Basis – California Law

California Constitution, Article I, Section 28(c), gives students and staff “the inalienable right” to “safe, secure and peaceful” schools.

California Law (continued)

California Education Code ü  Board empowered to take action not in conflict with

other laws. (§ 35160) ü  Schools are required to develop a school safety plan.

(§ 32280 et seq.) ü  District may remove “injurious objects” from students.

(§ 49330 et seq.) ü  No employee can conduct a search involving a body

cavity search or arrange clothing to permit inspection of underclothing. (§ 49050)

California Law (continued)

• Attorney General has found that random searches do not violate Federal or California Constitution or statute because there are several compelling interests that outweigh the minimal intrusion of privacy.

• Courts have found that random searches are legal due to the substantial need to keep weapons off school grounds and because searches are minimally intrusive. (In re Latasha W. (1998) 60 Cal.App.4th 1524)

LAUSD policy is reasonable, serves a compelling purpose, and complies with the law.

LAUSD Wanding Search Policy

Actual Title: “Administrative Searches to Ensure School Safety,” Bulletin 5424.2 PURPOSE: “Schools are faced with violence, including the use of weapons on or adjacent to school campuses. The District strives to provide a safe environment for students to learn, explore and create, and for teachers and administration to be able to focus on teaching and providing students with these opportunities.”

Wanding Search Policy Overview

 The random metal detection process is a deterrent to weapons such as guns, knives, or any other item which might cause harm or injury from being brought to schools. Therefore, metal detectors should not be used for the purpose of searching students who might be suspected of having violated other school rules.

 All secondary schools must conduct daily random searches. The searches should be conducted at various hours of the school day to avoid predictability. All secondary schools operated by the District, on behalf of the District, or located on District property, including affiliated and independent charter schools, must comply with the bulletin.

Wanding Search Policy Components

• Search team is comprised of certificated employees, male and female, and augmented as necessary. Team is required to complete the STEPS 215 training, “How to Conduct a Random Metal Detector Search”, through the Learning Zone. Must be properly trained and certified prior to participating in a search.

• Because searches are not based on reasonable suspicion, School Police officers may not participate in the search, but may be requested to observe the search procedure for safety reasons.

• Students selected for the search must be selected randomly in an unbiased pattern. For example, every third student is selected for searching. No student may be selected based on gender, race, ethnicity, physical appearance, etc.

• School must maintain a logbook that documents the searches.

• Signs must be posted in prominent locations advising that persons entering the school are subject to random metal detector searches.

Wanding Demonstration

 …how  it’s  actually  done.

Wanding Policy: The Office of Inspector General Audit

An OIG Audit Report was published on April 27, 2017, regarding the random wanding searches.

The Audit cited the following four areas for improvement: 1. Posting of signs

2. Locker Searches 3. Search Team Members 4. Number of Wands

Wanding Policy: Steps Taken To Address the

Audit Findings • The Division of District Operations met with the administrators of operations and operations coordinators to review the Audit Report and Bulletin 5424.2 - Administrative Searches to Ensure School Safety.

• Local district teams met and will continue to meet with secondary principals to reinforce the importance of the searches being conducted, as outlined in the Bulletin and the Audit findings.

• During school visits, local district staff will review the logbooks to ensure that the random searches are being conducted and recorded on a daily basis.

• The Division of District Operations presented the information regarding the bulletin and audit findings to the Secondary Assistant Principals’ Organization.

Wanding Policy and School Police

• Protect students and staff from physical assault and school property from theft and destruction.

• Promote a learning environment free of fear of crime. • Provide safety. • Deter crime. • Mentoring and role-modeling. • Assist in promoting a positive school environment. • Diversion (post-incident related to non-felony crimes, and non-high grade misdemeanors.)

• Restorative Justice (post-incident, but not a replacement for serious violations of the law.)

Wanding Limitations and School Police

• NOT a police duty or function. • NOT a police policy. • Police will assist in recovery of contraband/weapons. • Police SHALL take custody of contraband and weapons.

School Shootings at K-12 Schools By School-Type, 2013-2015

(source:  everytownresearch.org)

FBI Study of Active Shooter Incidents in the United States Between 2000 and 2013

BY THE NUMBERS…. 141 – The number of people killed in a mass murder or attempted mass murder at a school since Columbine in 1999. (FBI records). 17 – The number of kids aged 15 or younger who have committed or attempted a mass school shooting since Columbine. (FBI records). 68 – The percentage of school shooters who got their guns from relatives or at home. (US Secret Service, US Department of Education). 65 - The number of school shooters and thwarted school shooters who have referenced Columbine as a motivation. (ABC News investigation, various law enforcement agencies). 270 – The number of shootings of any kind at a school since Columbine. (ABC News review of reported cases). 1 – The number of shootings per week, on average, on a school or college campus in 2015. (ABC News review of reported cases).

District-Wide Weapons Confiscation by Type 2014-2017

HANDGUNRIFLE

/SHOTGUNOTHER

FIREARMSUNKNOWN

FIREARM TYPE*KNIFE/

DAGGER/ METAL

KNUCKLES VEHICLEOTHER

WEAPONS**FY 2014/2015 549 21 5 0 0 400 27 1 95FY 2015/2016 553 26 3 0 2 393 10 1 118FY 2016/2017 568 23 8 1 0 403 15 0 118FY 2015/2016 vs 2016/2017 #CHANGE +15 -3 5 1 -2 10 5 -1 0FY 2015/2016 vs 2016/2017 %CHANGE +2.71% -13.04% +166.67% Increase -100.00% +2.54% +50.00% -100.00% +0.00%*WEAPON TYPE UNSPECIFIED IN REPORT

**REPLICA WEAPON/BB GUN/AIRSOFT GUN/LIVE AMMO/BAT/BOTTLE/SHRIKEN/PEPPER SPRAY/TASER/SCREWDRIVER,PLIERS/CROWBAR/OTHERS

PERIOD TOTALTYPE OF WEAPON

Confiscated Weapons Statistics LOS ANGELES SCHOOL POLICE DEPARTMENT REPORT # 300

Report date:

WEAPONS CONFISCATION VIA METAL DETECTOR 10/12/2017

DISTRICT WIDE Preliminary FY 2013/14 TO FY 2016/17

ALL FIREARMS KNIVES

PERIOD

TOTAL RECOVERED

METAL DETECTOR/WAND

INVOLVED

PERCENT VERSUS TOTAL

RECOVERED

TOTAL RECOVERED

METAL DETECTOR/WAND

INVOLVED

PERCENT VERSUS TOTAL

RECOVERED

FY2013/14 11 0 0% 352 4 1.14%

FY2014/15 26 0 0% 400 4 1.00%

FY2015/16 29 0 0% 393 4 1.02%

FY2016/17 18 1 5.56% 367 4 1.09% NOTE: Source: AMI These numbers are based on information received from internal data sources and entered into AMI as of 8/31/2017.

REPORT # 100Report date:

10/6/2017

Preliminary

1 2 3 4 5 6 7INCIDENTSDISTRICTWIDE TOTAL (ALL LOCALES) 517 74 90 61 34 71 80 107ON CAMPUS INCIDENTS 449 63 75 54 30 63 59 105

CONFISCATED WEAPONSDISTRICTWIDE TOTAL (ALL LOCALES) 568 78 95 70 36 75 98 116ON CAMPUS CONFISCATED WEAPONS 490 65 77 62 32 67 73 114

CONFISCATED WEAPONS, BY TYPEFIREARMS*, ALL LOCALES 32 2 8 4 1 3 10 4ON CAMPUS CONFISCATED FIREARMS 18 0 3 3 1 0 7 4% OF FIREARMS ON CAMPUS VS TOTAL 100% 0% 17% 17% 6% 0% 39% 22%

KNIVES**, ALL LOCALES 403 53 73 50 25 61 63 78ON CAMPUS CONFISCATED KNIVES 367 47 65 47 23 59 49 77% OF KNIVES ON CAMPUS VS TOTAL 100% 13% 18% 13% 6% 16% 13% 21%

ALL OTHER WEAPONS, ALL LOCALES 133 23 14 16 10 11 25 34ON CAMPUS ALL OTHER CONFISCATED WEAPONS 105 18 9 12 8 8 17 33% OF OTHER WEAPONS ON CAMPUS VS TOTAL 100% 17% 9% 11% 8% 8% 16% 31%NOTE: Source: aRcGIS CrimeView These numbers are based on information received from internal data sources and entered into ARS/RMS as of 8/31/2017. *FIREARMS: Handgun/Rifle/Shotgun & Unknown Firearm Type ** KNIVES include dagger/dirk/sharp objects

BOARD DISTRICTTOTAL DISTRICT

WIDE

LOS ANGELES SCHOOL POLICE DEPARTMENT

CONFISCATED WEAPONS SUMMARY REPORTDISTRICT WIDE, BY BOARD DISTRICT

FY2016/2017

Survey Results: Students

        Agree   Disagree   Neutral   Total  AXending  a  school  that  conducts  random  searches  makes  me  feel  safe.  

    2,858   919   2,306   6,083       47%   15%   38%   100%  

    Never   1x  -­‐  3x   4x  -­‐  5x   6x  +   Total  I  have  witnessed  a  random  search  being  conducted  at  my  school.  

2057   2659   728   639   6083  34%   44%   12%   11%   100%  

        Agree   Disagree   Neutral   Total  

Students  are  treated  respecbully  and  fairly  during  random  searches.  

    3,272   700   2,111   6,083       54%   12%   35%   100%  

        Agree   Disagree   Neutral   Total  Random  searches  protect  my  learning  environment.  

    3,120   841   2,122   6,083       51%   14%   35%   100%  

        Agree   Disagree   Neutral   Total  I  believe  random  searches  should  be  conducted  at  my  school.  

    2,824   986   2,273   6,083       46%   16%   37%   100%  

Survey Results: Parents         Agree   Disagree   Neutral   Total  Having  my  child  aXend  a  school  that  conducts  random  searches  makes  me  feel  safe.  

    394   46   64   504       78%   9%   13%   100%  

    Never   1x  -­‐  3x   4x  -­‐  5x   6x  +   Total  

My  child  has  witnessed  or  par@cipated  in  a  random  search  being  conducted  at  his/her  school.  

307   162   21   14   504  

61%   32%   4%   3%   100%  

        Agree   Disagree   Neutral   Total  I  am  aware  of  District  policy  and  procedures  regarding  random  searches.  

    365   79   60   504       72%   16%   12%   100%  

        Agree   Disagree   Neutral   Total  Random  searches  protect  my  child's  learning  environment.  

    392   40   72   504       78%   8%   14%   100%  

        Agree   Disagree   Neutral   Total  I  believe  random  searches  should  be  conducted  at  my  child's  school.  

    394   45   65   504       78%   9%   13%   100%  

Other Large Districts’ Search Policies • Long Beach Unified School District   -Third largest district in California; approximately 75,000 students, 84

schools.   -In secondary schools, administrators can conduct random searches at

their discretion.   -Searches often occur at entry points.   Administrators have discretion when to search, or if they want to. • New York City Department of Education   -Largest district in the U.S.; over 1 million students, 1,800 schools.   -Written policy that allows random and full-time scanning.   -Schools have discretion regarding whether to search using metal

detectors.   -Searching can be done with an x-ray machine, walk through

magnetometer, or hand-held wand. • Chicago Public School District   -Third largest district; approximately 300,000 students, 652 schools.   -Written policy allowing random scanning and searches of students.   -Principal has discretion whether to have random searches, daily

searches, or “as-needed” metal detector searches.

Proposed Pilot Program:

Modified Wanding Procedures at Select Schools

• Change the location of the wanding search from the classroom, during the instructional period, to the morning arrival points, which include the various entrances around campus.

• Change the requirement from daily to 10 days per month, in which the school can determine the schedule of days as they deem appropriate.

• If a weapon is recovered by a wanding search, a reasonable suspicion search, an anonymous tip, or other means, the school site shall implement the wanding search process for a period of five (5) consecutive school days from the day of the incident or as recommended by the site administrator.

Proposed Pilot Program (continued) • It is proposed that this Pilot Program be implemented at one high school and one middle school within each Board District that has a co-located charter school.

• These schools will be selected by board offices, with input from local districts if desired.

• The Pilot Program may be altered to daily, or as directed by the school administrator, based on information obtained from law enforcement, students, staff, anonymous tip, or following local community violence that may suggest some type of retaliatory or student safety concern.

• The Pilot Program for Random Wanding Searches will include monthly feedback for possible adjustments and suggestions for next steps.

• BUL 5424.2 will remain in place for all other schools not participating in the Pilot Program.

Voices from the Field...

 Stakeholder Input