Protecting and Promoting School Choice

EFI Publications

Colorado School Shooting Law’s Potential Loophole

A Colorado law enabling school shooting victims to sue schools may have an unintended loophole that could limit its effectiveness. The law was enacted following the 2013 Arapahoe High School shooting, aiming to hold schools accountable for foreseeable violence. Recent interpretations suggest the loophole might prevent some victims from pursuing claims, as highlighted by a 2023 incident at Denver’s East High School.

Key Points

  • Law allows victims to sue if violence was foreseeable and preventable.
  • Potential loophole may restrict lawsuits based on specific interpretations.
  • Stemmed from 2013 shooting; recent cases test its application.

Implications for Educational Freedom

This loophole could undermine parental rights by reducing school accountability for safety, potentially driving families toward school choice options like charters or vouchers for safer educational environments. It highlights government overreach in crafting flawed laws that fail to empower parents in ensuring child protection.

Source: Colorado law that allows school shooting victims to sue may contain an unintended loophole

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