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Padlet Slide #1 Professional Perspective

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Padlet Slide #1 Professional Perspective

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Suicide is the second largest death in students 14-18 years old (CDC, 2020). This is a scary and terrifying number for parents and for educators. In October of 2007 a senior at Colorado High school committed suicide in his bedroom due to an ongoing battle with bipolar disorder. With a graduating class totaling at 67 every senior was devastated and I will never forget the day it happened or how the faculty and staff responded to caring for my graduating class. Since that devastating day of my senior year in high school suicide and suicide prevention have been one of my focuses in my career and academic career.

https://www.cdc.gov/suicide/facts/index.html

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1. As previously mentioned suicide is the second largest death in students (CDC, 2020) therefore, a legal and ethical guide on how to deal with suicidal students is imperative. If a school counselor is better prepared to handle a suicidal student there may be a better chance at providing the necessary assistance to the student. Dealing with suicide is a difficult task and if faculty and staff are adequately prepared the outcome could possibly be life saving. Suicide is not a joke and it is imperative that everyone is prepared and having a legal guide on how to legally deal with the issue will give school districts a better outcome. 2. Mrs. Griffith stated that the following practices are the best for dealing with a suicidal student include
- Communication. This is the number 1 way to be responsive in any suicidal situation. Communicate with parents, students, faculty/staff.
- Work with faculty and staff members. Communicate with them about your concerns and if they have any concerns have them communicate them with you. Ask them to keep any records or to watch closely in journal entries or writing assignments.
-Observe the students. Self-harm can often times be an indicator that a student may be struggling with mental health issues and in need of assistance. Carefully observing and watching students may make it easier to find warning signs.
3. Students have rights to be protected when it comes to foreseeable harm. Keep in mind that you must warn students of their rights when you are visiting with them and that you are legally not allowed to withhold information about someone possibly getting hurt so that they cannot say you did not have permission to share. There are more and  more students who do not want you to share the information because they may be fearful of the outcome however it is our job to make sure they stay safe at all cause. Make sure that you share your responsibilities with the students and again always communicate with the proper authorities.
4. Kaci Griffith, Colorado High School, School Counselor

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Q: How do I get money for College?
Students usually combine a variety of sources to pay for college expenses.

*State & Federal Aid: Based on income and assets, you may be eligible for assistance in the form of grants, loans, or work study programs. You must file a Free Application for Federal Student Aid (FAFSA) in order to determine your eligibility.

*College Based Aid: Many colleges can offer assistance in the form of scholarships, grants, loans, etc. Most colleges require that students file the FAFSA in order to determine eligibility for various programs. Once you have been admitted, it is important to work closely with the Financial Aid Office at your college.

*Local Scholarships: Many local scholarships are offered through PHS. These may be applied for by filling out one local scholarship application due April 1 st each year.

*Scholarships, Grant & Loans: Visit the Financial Aid link of the counselor's web-page to access many on-line sources for college financial aid assistance.
Q: What forms do I need to file?
You should file the Free Application for Federal Student Aid (FAFSA). It is highly recommend that you complete the FAFSA online. This form can only be completed after October 1st of your senior year. You will need to secure a pin number to complete the process. www.fafsa.ed.gov

**Please note that filling out the FAFSA is now a graduation requirement. Therefore this must be done prior to graduation. If you are not going to college, you MUST sign an opt-out form. More information to come on all this.**
Q: What happens after I file the FAFSA?
Shortly after you send your form to the processing center, you will receive a report reflecting the information you supplied. You will be asked to review it for accuracy & make any necessary corrections. The report will also be sent to any colleges you requested when you completed the form. This report will indicate your eligibility for state and federal programs.
Q: When are the deadlines?
You should send the form in as soon as possible after October 1st of your senior year to allow amply time to process.
Q: Our income seems too high to qualify for state or federal aid. Should I file anyway?
Yes! Most colleges request that students file the FAFSA regardless of eligibility for state or federal aid. Also, depending upon your individual circumstances, you may be eligible for more than you thought. You'll only find out if you apply.
Q: What about scholarship recommendations?
It is important to give sufficient lead-time to those whom you ask to write letters for you. Requests should be made in writing, or if you have a form, be certain that your name is on the form. Be sure to include deadlines and other important information that would be useful in the letter. Also include an addressed, stamped envelope. Finally, a thank-you note to teachers, counselors, principals, employers, etc. who helped you is always appreciated.

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Colorado City Independent School District

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Q: How do I get money for College? Students usually combine a variety of sources to pay for college expenses. *State & Federal Aid: Based on income and assets, you may be eligible for assistance in the form of grants, loans, or work study programs. You must file a Free Application for Federal Student Aid (FAFSA) in order to determine your eligibility.

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Padlet Slide #3 Professional Association

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Padlet Slide #3 Professional Association

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Marshall, D. (2018). After a suicide: A toolkit for schools. American School Counselor Association. https://videos.schoolcounselor.org/after-a-suicide-a-toolkit-for-schools

This webinar provides tips for responding to a suicide. This video is helpful for understanding how to deal with a suicide and the aftermath when a suicide does occur. This webinar would be extremely helpful to watch prior to a suicide happening so you may be prepared to respond in the event of a suicide on your campus.

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Hear an overview of best practices in responding to suicide deaths in schools, using the After A...

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Harris, E.P. (2021). 9 tips for creating effective community partnerships around students' mental health. Education Week. https://www.edweek.org/leadership/9-tips-for-creating-effective-community-partnerships-around-students-mental-health-downloadable/2021/05

*Many schools have gaps in providing mental health services, outsourcing to community partnerships can help fill those gaps.
*There are 9 key elements that will help create effective and long lasting partnerships
*The 9 elements are leadership, needs assessment, point person, accountability, resources, training, sustainability, evaluation, communication

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By Emma Patti Harris - May 24, 2021 1 min read

Here's how schools can bring together community groups to help fill in service gaps for students with mental health issues.

Download the guide

Emma Patti Harris is a deputy managing editor for Education Week who oversees visuals and immersive experiences.

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9 Tips for Creating Effective Community Partnerships Around Students' Mental Health (Downloadable)

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By Emma Patti Harris - May 24, 2021 1 min read Here's how schools can bring together community groups to help fill in service gaps for students with mental health issues. Download the guide Emma Patti Harris is a deputy managing editor for Education Week who oversees visuals and immersive experiences.

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Sullivan, M. (2021). School safety should begin with proactive measures. Education Dive. https://www.k12dive.com/news/school-safety-should-begin-with-proactive-measures/599927/

*54% of students have anxiety about returning to the classroom.
*3 clear strategies have been established to be proactive to serious problems 1. proactive support 2. peer system 3. behavioral intervention protocol
*Schools must take mental health seriously as students return to school after the COVID shutdown to avoid traumatic situations
*Only 23% of students surveyed felt as though their district was prepared to handle a mental health crisis
*Schools must make it as easy as possible for students to report they are facing a mental health crisis
*With early prevention it will be easier to keep mental health crisis including suicide down to a minimum

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School safety should begin with proactive measures

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As a society, we cannot allow ourselves to become numb to this problem. While school violence seems insurmountable, there is extensive research outlining proven strategies to prevent violence and keep our school communities safe. Over the past two decades, our knowledge has deepened on what leads to school violence and, more importantly, how to prevent it.

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Padlet Slide #7 Original Sources of Law:

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Padlet Slide #7 Original Sources of Law:

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Baab v. Medina City Schools BD of Education, Ohio 510. (2019).
The student referred to as D.B. had been to the counselor on multiple occasions and multiple students approached the counselor on multiple occasions about D.B. cutting himself but nothing was done. The courts decided the school was immune to being sued but the counselor was sued for acting recklessly and not reporting the issue to the parents.

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[Cite as Baab v. Medina City Schools Bd. of Edn., 2019-Ohio-510.] STATE OF OHIO COUNTY OF SUMMIT ) )ss: ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT RICHARD BAAB C.A. No. 28969 Appellee v. APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV-2016-03-1436 MEDINA CITY SCHOOLS BOARD OF EDUCATION, et al. Appellants DECISION AND JOURNAL ENTRY Dated: February 13, 2019 HENSAL, Judge. {¶1} Julia Schwendeman appeals a judgment of the Summit County Court of Common Pleas that denied her motion for summary judgment on the issue of immunity. For the following reasons, this Court affirms. I. {¶2} Ms. Schwendeman is a guidance counselor at a middle school in the Medina City School District. According to her, in early September 2012, she received a request to check on D.B., an eighth grader, regarding scratching. Because she was at home at the time, she contacted D.B.'s teacher and asked him to check on D.B.. The teacher replied that D.B. did not have any scratches on his arms. A week or two later, some girls at the school told her that they were concerned that D.B. might be cutting or scratching himself because of a relationship problem. They also told her that D.B. had said that his father had abused him over the summer. Ms. 2 Schwendeman reported the information to the assistant principal and D.B.'s teacher. She also talked to D.B., but he denied that his father had abused him and said that he felt safe at home. {¶3} According to Ms. Schwendeman, a few weeks later the girls repeated their concerns about D.B.'s scratching and showed her pictures of it from their cell phones. Ms. Schwendeman met with D.B. and spoke to him about everything that had transpired, including his relationship with his father, counseling, and cutting. She also called D.B.'s father and recommended that he take D.B. to counseling, telling him that D.B. had indicated that he was interested in attending. She told D.B.'s father that she had even called a local agency, but that it would not set up an appointment for D.B. without talking to him first. {¶4} On October 31, 2012, the same girls told Ms. Schwendeman that D.B. had engaged in more scratching and had threatened to kill himself. She called D.B.'s father, who immediately came into the school for a meeting with her and D.B.'s teacher. Following the meeting, D.B.'s father took D.B. to the hospital, but doctors concluded that D.B. was not suicidal. The next day, Ms. Schwendeman called D.B.'s father to see what had happened at the hospital. According to Ms. Schwendeman, D.B.'s father told her that the hospital had released D.B., that doctors had recommended that he seek counseling for D.B. or enroll him in its partialhospitalization program. D.B. had opposed going into the partial-hospitalization program because he would miss his friends. Ms. Schwendeman agreed that it might do more harm than good if D.B. did not want to go. According to D.B.'s father, he told Ms. Schwendeman during the call that "no matter what happens to [D.B.], no matter what you hear or anything, all things [D.B.], I want to know, because he's going to [the hospital] and he's staying the next time anything happens." 3 {¶5} On November 16, 2012, Ms. Schwendeman received a call from the mother of one of D.B.'s friends. According to the mother, her son had come to her upset because D.B. kept sending him text messages that he was going to kill himself. The mother initially thought to call D.B.'s father, but her son dissuaded her because of D.B.'s fear of his father. She, therefore, called D.B. instead, in an attempt to see if he was in imminent danger. She asked D.B. about his threats of self-harm and also invited him over to a party the following week, attempting to give him something to look forward to. The mother testified that she later spoke with Ms. Schwendeman over the telephone and explained her entire conversation with D.B. to Ms. Schwendeman. {¶6} After speaking with the mother of D.B.'s friend, Ms. Schwendeman did not report her phone call to anyone, did not meet with D.B., and did not conduct an assessment of D.B.'s suicide risk. She also did not contact D.B.'s father. A couple of days later, D.B. committed suicide. {¶7} D.B.'s father, individually and as the administrator of D.B.'s estate, sued Ms. Schwendeman, the Medina City School District, and the Medina City School District Board of Education for wrongful death, failure to report child abuse, and respondeat superior. Ms. Schwendeman, the Board, and the District moved for summary judgment, alleging that they were immune from liability under Revised Code Chapter 2744. The trial court granted summary judgment to the District because it concluded that the District was not an entity capable of being sued. It granted summary judgment to the Board because it concluded that the Board was immune under Section 2744.02. It granted summary judgment to Ms. Schwendeman on D.B.'s father's failure to report child abuse claim. It denied her summary judgment, however, on his wrongful death claim because it found that there was a genuine issue of material fact whether her 4 actions were reckless under Section 2744.03(A)(6)(b). Ms. Schwendeman has appealed, assigning as error that the trial court incorrectly denied her immunity on all of D.B.'s father's claims. II. ASSIGNMENT OF ERROR THE TRIAL COURT ERRED WHEN IT DENIED IMMUNITY TO SCHWENDEMAN PURSUANT TO R.C. 2744.03(A)(6) ON THE WRONGFUL DEATH AND SURVIVORSHIP CLAIMS. {¶8} Ms. Schwendeman argues that the trial court incorrectly concluded that she does not have statutory immunity from all of D.B.'s father's claims, leading it to deny her motion for summary judgment in part. Under Civil Rule 56(C), summary judgment is appropriate if: (1) [n]o genuine issue as to any material fact remains to be litigated; (2) the moving party is entitled to judgment as a matter of law; and (3) it appears from the evidence that reasonable minds can come to but one conclusion, and viewing such evidence most strongly in favor of the party against whom the motion for summary judgment is made, that conclusion is adverse to that party. Temple v. Wean United, Inc., 50 Ohio St.2d 317, 327 (1977). To succeed on a motion for summary judgment, the party moving for summary judgment must first be able to point to evidentiary materials that demonstrate there is no genuine issue as to any material fact, and that it is entitled to judgment as a matter of law. Dresher v. Burt, 75 Ohio St.3d 280, 292 (1996). If the movant satisfies this burden, the nonmoving party "must set forth specific facts showing that there is a genuine issue for trial." Id. at 293, quoting Civ.R. 56(E). This Court reviews an award of summary judgment de novo. Grafton v. Ohio Edison Co., 77 Ohio St.3d 102, 105 (1996). {¶9} Under Section 2744.03(A)(6), a political subdivision employee is immune from liability unless "(a) [t]he employee's acts or omissions were manifestly outside the scope of the employee's employment or official responsibilities; (b) [t]he employee's acts or omissions were 5 with malicious purpose, in bad faith, or in a wanton or reckless manner;" or "(c) [c]ivil liability is expressly imposed upon the employee by a section of the Revised Code." The trial court concluded that Ms. Schwendeman did not have immunity on all of D.B.'s father's claims because there was a genuine issue regarding whether her conduct was reckless. {¶10} Ms. Schwendeman argues that the trial court applied an improper definition of reckless, citing O'Toole v. Deniham, 118 Ohio St.3d 374, 2008-Ohio-2574, for the correct definition. The Ohio Supreme Court, however, provided its most current pronouncement of the definition of reckless conduct in Anderson v. City of Massillon, 134 Ohio St.3d 380, 2012-Ohio5711. In Anderson, the Supreme Court explained that the terms "'[w]illful,' 'wanton,' and 'reckless' describe different and distinct degrees of care and are not interchangeable." Id. at paragraph one of the syllabus. It held that "[r]eckless conduct is characterized by the conscious disregard of or indifference to a known or obvious risk of harm to another that is unreasonable under the circumstances and is substantially greater than negligent conduct." Id. at paragraph four of the syllabus, adopting 2 Restatement of the Law 2d, Torts, Section 500 (1965). It also explained that, in order for the "violation of a statute, ordinance, or departmental policy enacted for the safety of the public" to constitute reckless conduct, there must be "knowledge that the violations will in all probability result in injury." Id at ¶ 37, quoting O'Toole at ¶ 92; See 2 Restatement of the Law 2d, Torts, Section 500, Comment e (1965) ("[A] statute must not only be intentionally violated, but the precautions required must be such that their omission will be recognized as involving a high degree of probability that serious harm will result."). {¶11} Ms. Schwendeman argues that the trial court failed to distinguish between negligent and reckless conduct in its analysis. She argues that, although the court concluded that a reasonable person in her situation would recognize that failure to act could result in D.B.'s 6 death, it is not the same as concluding that the risk D.B. would kill himself was substantially greater than that which would make her failure to act negligent. {¶12} In discussing the issue of recklessness, the trial court began with its conclusion that, "[w]hen viewing the facts in the light most favorable to [D.B.'s father], * * * a reasonable juror could find [Ms.] Schwendeman's actions were reckless." It then elaborated on its decision. It noted that Ms. Schwendeman was aware that D.B. had made statements that suggested he was suicidal. It noted that D.B.'s father had told Ms. Schwendeman that he had taken D.B. to the hospital because of D.B.'s statements and advised her that, if anything more occurred, he would take D.B. back to the hospital. It determined that a reasonable person in Ms. Schwendeman's situation "would recognize that [a] failure to act or report additional incidents could result in D.B.'s death." The court then noted that, despite this knowledge, Ms. Schwendeman did not report the information she received from D.B.'s friend's mother to D.B.'s father. It explained that, if a jury found all of those facts, they "could support a determination of conscious disregard for a known or obvious risk." Noting that it could not weigh the evidence or choose among reasonable inferences at that stage of the litigation, the court explained that the issue of recklessness had to be determined by a jury. {¶13} Upon review of the trial court's decision, we note that it did not specifically address whether Ms. Schwendeman's "conscious disregard of or indifference" to the risk that D.B. would kill himself was "unreasonable" and "substantially greater than negligent conduct." Id. at paragraph four of the syllabus. A trial court, however, is not required to provide its reason for denying summary judgment arguments. Jascar Ents., LLC v. Body by Jake Ents., LLC, 9th Dist. Wayne No. 14AP0006, 2015-Ohio-3281, ¶ 10, citing Civ.R. 52. But see Mourton v. Finn, 9th Dist. Summit No. 26100, 2012-Ohio-3341, ¶ 8-9 (explaining that, in complex cases, the court 7 must give some indication as to what it actually decided so that we may properly function as a reviewing court). We cannot conclude that the court committed reversible error just because it failed to explain each part of its recklessness analysis. {¶14} Ms. Schwendeman next argues that the trial court erred because it based its conclusion on the risks that a reasonable person would have recognized instead of her. As previously noted, in defining reckless conduct, the Ohio Supreme Court adopted the definition found in Section 500 of the Restatement. Anderson, 134 Ohio St.3d 380, 2012-Ohio-5711, at paragraph four of the syllabus. The comments to Section 500 explain that recklessness "may consist of either of two different types of conduct." 2 Restatement of the Law 2d, Torts, Section 500, Comment a (1965). In one the actor knows, or has reason to know * * * of facts which create a high degree of risk of physical harm to another, and deliberately proceeds to act, or to fail to act, in conscious disregard of, or indifference to, that risk. In the other the actor has such knowledge, or reason to know, of the facts, but does not realize or appreciate the high degree of risk involved, although a reasonable man in his position would do so. An objective standard is applied to him, and he is held to the realization of the aggravated risk which a reasonable man in his place would have, although he does not himself have it. Id. Thus, the trial court did not err when it considered the risks that a reasonable person in Ms. Schwendeman's situation would have recognized. {¶15} Ms. Schwendeman next argues that, because her duty to act could only have come from a school policy, she can only be found reckless if she knew that her violation of the policy would "in all probability result in injury[.]" Anderson, 134 Ohio St.3d 380, 2012-Ohio-5711, at ¶ 38. We note that, in his complaint, D.B.'s father alleged that Ms. Schwendeman "had a duty to use due care in handling D.B." He did not allege that the duty arose exclusively from school policy. Ms. Schwendeman also did not argue in her motion for summary judgment that any duty she owed to D.B. arose exclusively from school policy. Upon review of the record, we conclude 8 that questions about the source of Ms. Schwendeman's duty to D.B. are beyond the scope of this limited immunity appeal. See Davis v. City of Akron, 9th Dist. Summit No. 27014, 2014-Ohio2511, ¶ 13-14. We, therefore, decline to address Ms. Schwendeman's argument. {¶16} Ms. Schwendeman also argues that the trial court improperly conflated the objective and subjective aspects of recklessness. Although acknowledging an objective part of the test, she argues that she, herself, had to be conscious that her conduct would, in all probability, result in injury to D.B. As previously explained, however, one of the Restatement's recklessness tests is entirely objective in nature. Under that test, Ms. Schwendeman may be found reckless if a reasonable person in her position would have "realize[d] or appreciate[d] the high degree of risk involved" in acting or failing to act. 2 Restatement of the Law 2d, Torts, Section 500, Comment a (1965). The trial court, therefore, did not err when it denied Ms. Schwendeman's motion for summary judgment in part because it concluded that a reasonable juror could find that "[a] reasonable person under this fact pattern would recognize that failure to act or report additional incidents could result in D.B.'s death." {¶17} Ms. Schwendeman next argues that the trial court failed to consider all of the efforts that she made to aid D.B. and improperly focused on her single failure of not telling D.B.'s father about the call from his friend's mother. She notes that, when she first heard that D.B. might be scratching himself, she had a colleague check on him. She argues that she met and provided counselling to D.B. numerous times, that she conducted a risk assessment of D.B., that she spoke with his father about her concerns, that she recommended to his father that he go to counseling, and that she followed-up with his father after he went to the hospital. According to Ms. Schwendeman, her actions were not reckless just because they were not perfect. 9 {¶18} In support of her argument, Ms. Schwendeman cites Hackathorn v. Preisse, 104 Ohio App.3d 768 (9th Dist.1995). In Hackathorn, the students of a vocational class cut a hole through the floor of a woman's dining room as part of a class project. Although the instructor of the class placed furniture around the hole, the homeowner fell through it. This Court concluded that the trial court had correctly determined that the instructor was entitled to summary judgment because he was immune from liability. Id. at 772. Although the instructor failed to comply with building codes, this Court held that he did not create an unnecessary risk of physical harm greater than that necessary to establish negligence because he had warned the woman about the hole, told her that the covering over the hole would not support any weight, and positioned furniture to create a barrier between the hole and the rest of the room. {¶19} Unlike in Hackathorn, there is evidence in this case that, after D.B.'s father told Ms. Schwendeman that he would have D.B. stay at the hospital the next time anything happened, she failed to take any further action in aid of D.B. despite learning from the friend's mother that he had again indicated his desire to kill himself. Unlike the instructor in Hackathorn, who took precautions to prevent harm from the hole in the floor, Ms. Schwendeman did not report the call from the friend's mother to D.B.'s father or other school district personnel, did not meet with D.B. or attempt to schedule a meeting with him, and did not do an evaluation of D.B.'s risk of suicide. We note that the trial court accurately recounted Ms. Schwendeman's concern for D.B. when she first learned about his scratching and cutting behavior, and the efforts she made to assist him up until the time D.B.'s father took him to the hospital in its decision. Upon review of the record, we cannot say that the trial court ignored Ms. Schwendeman's initial efforts to help D.B. or concluded that there was a genuine issue as to whether her conduct was reckless because her actions were not perfect. 10 {¶20} Ms. Schwendeman next argues that the trial court misapplied the undisputed facts when it evaluated her immunity argument. She first argues that the court disregarded her knowledge that the doctors at the hospital had determined that D.B. was not suicidal when it cited her knowledge of his past threats of self-harm to conclude that a jury might find her actions reckless. According to Ms. Schwendeman, the fact that the hospital concluded that D.B. was not suicidal, despite his threats of self-harm, means that she could not be considered reckless for failing to act on what D.B. said to his friend's mother. She argues that D.B. did not even specifically tell his friend's mother that he was going to hurt himself and that the mother did not view the situation as an emergency. {¶21} Second, Ms. Schwendeman argues that, to the extent the trial court considered the times when she did or did not complete an assessment of the risk that D.B. would engage in selfharm, it failed to take into account how the concerns about D.B. changed over time. According to Ms. Schwendeman, under school policy, she is only required to complete an assessment if a student threatens or attempts to commit suicide, not for scratching and cutting behaviors. Third, Ms. Schwendeman argues that the trial court ignored the fact that D.B.'s text messages to his friend and conversation with the friend's mother did not constitute a new incident of threatened self-harm, but was simply a new source relaying the same old threat. She further argues that, even if they could be construed as a new threat, it was insufficient to make her believe that her failure to tell D.B.'s father about the threat would cause D.B., in all likelihood, to kill himself. {¶22} We note that the trial court was required to view the evidence in a light most favorable to D.B.'s father. Accordingly, we cannot say that Ms. Schwendeman could assume D.B. was not suicidal on November 16 because he was not suicidal two weeks earlier at the hospital. Regarding risk assessments, we note that the trial court did not mention the fact that 11 Ms. Schwendeman did not complete a risk assessment after speaking to the mother of D.B.'s friend in its analysis of the recklessness issue. Accordingly, we cannot say that the court misapplied the facts as to the risk assessments. Finally, according to the mother of D.B.'s friend, when she called D.B., she asked him whether he wanted to kill himself, and part of his answer was "I want to." She also testified that, when she talked with Ms. Schwendeman, she told Ms. Schwendeman that D.B. had told her son that D.B. wanted to kill himself the previous night. In light of the fact that the friend's mother said that D.B.'s threat had occurred the "night before[,]" Ms. Schwendeman could not have considered her to be referring to D.B.'s threats from before he went to the hospital. Upon review of the record, we conclude that Ms. Schwendeman has failed to demonstrate that the trial court misapplied undisputed facts. {¶23} Ms. Schwendeman also argues that the trial court made unreasonable inferences when it concluded that D.B.'s father would have obtained mental health services for D.B. if she had told him about the call from the friend's mother. The record reflects that, the same day that D.B.'s father learned that D.B. was threatening to commit suicide, he came into the school for a meeting. Following the meeting, he took D.B. to the hospital. The next day he told Ms. Schwendeman about the treatment options he was given at the hospital and about D.B.'s reluctance to enroll in the partial-hospitalization program. Immediately, after Ms. Schwendeman told D.B.'s father that it might do more harm than good if he enrolled D.B. in the program when he was unwilling to join it, D.B.'s father told her to let him know if she heard anything more about D.B., because he would take D.B. back to the hospital to stay. In light of D.B.'s father actions to seek help for D.B. when he learned about D.B.'s prior suicide threat, we cannot say that it was unreasonable for the court to infer that D.B.'s father would have obtained care for D.B. if Ms. Schwendeman had notified him that he had made a new threat. 12 {¶24} Ms. Schwendeman's final argument is that there is no evidence that she "perversely disregarded the known risk that D.B. would kill himself" and "that she was conscious that not telling [D.B.'s father] about [the] phone call would, in all probability, result in D.B. killing himself." That, however, is not the correct test of reckless conduct. See Anderson, 134 Ohio St.3d 380, 2012-Ohio-5711, at paragraph four of the syllabus. Ms. Schwendeman repeats her argument that the phone call from D.B.'s friend's mother did not contain any new information, but, as previously noted, the friend's mother relayed a new suicide threat by D.B. to Ms. Schwendeman, which had occurred only the day before. Ms. Schwendeman also repeats her argument that the test for recklessness contains a subjective component, but, as previously explained, whether someone was reckless can be measured against what a reasonable person would have done under similar circumstances. Accordingly, upon review of the record, we conclude that Ms. Schwendeman has failed to establish that the trial court incorrectly denied her motion for summary judgment on the issue of immunity. Ms. Schwendeman's assignment of error is overruled. III. {¶25} Ms. Schwendeman's assignment of error is overruled. The judgment of the Summit County Court of Common Pleas is affirmed. Judgment affirmed. There were reasonable grounds for this appeal. We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27. 13 Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(C). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30. Costs taxed to Appellants. JENNIFER HENSAL FOR THE COURT TEODOSIO, P. J. CARR, J. CONCUR. APPEARANCES: DAVID S. HIRT, KRISTA KEIM, and DAVID K. SMITH, Attorneys at Law, for Appellants. JOHN BROOKS CAMERON and CHRISTOPHER JANKOWSKI, Attorneys at Law, for Appellee.

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Download PDF [Cite as Baab v. Medina City Schools Bd. of Edn., 2019-Ohio-510.] STATE OF OHIO COUNTY OF SUMMIT ) )ss: ) IN THE COURT OF APPEALS NINTH JUDICIAL DISTRICT RICHARD BAAB C.A. No. 28969 Appellee v. APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No.

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Padlet Slide #8 Original Sources of Law:

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Padlet Slide #8 Original Sources of Law:

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Eisel vs. Board of Education of Montgomery County (2019). 324 MD 376.

The school counselors did not report the suicidal ideation of the students to the parents which lead to a murder-suicide. The father of one student sued for negligence on the part of the school counselors. While the case was overturned on it did teach educators the importance of notifying parents and not being negligent.

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Padlet Slide #9 Original Sources of Law:

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Padlet Slide #9 Original Sources of Law:

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H.R. 41 — 114th Congress: David’s Law. www.GovTrack.us. 2015. July 7, 2021 <https://www.govtrack.us/congress/bills/114/hr41

David's law was a law put into place to prevent bullying which leads a student to commit suicide. David was a young man that committed suicide after individuals at school bullied him and told him to 'kill himself' this law makes students punishable for using this kind of bullying tactic.

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H.R. 41 (114th) was a bill in the United States Congress.

A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law.

Bills numbers restart every two years. That means there are other bills with the number H.R. 41. This is the one from the 114 th Congress.

This bill was introduced in the 114 th Congress, which met from Jan 6, 2015 to Jan 3, 2017. Legislation not passed by the end of a Congress is cleared from the books.

How to cite this information.

We recommend the following MLA-formatted citation when using the information you see here in academic work:

"H.R. 41 - 114th Congress: David's Law." www.GovTrack.us. 2015. July 18, 2021 <https://www.govtrack.us/congress/bills/114/hr41>

Where is this information from?

GovTrack automatically collects legislative information from a variety of governmental and non-governmental sources. This page is sourced primarily from Congress.gov, the official portal of the United States Congress. Congress.gov is generally updated one day after events occur, and so legislative activity shown here may be one day behind. Data via the congress project.

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law enforcement administration and funding

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A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law. Bills numbers restart every two years. That means there are other bills with the number H.R. 41. This is the one from the 114 th Congress.

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Padlet Slide #10 Local Administrative Policy

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Padlet Slide #10 Local Administrative Policy

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Colorado ISD. (2021). Colorado ISD School Board Policy Manual.
Counseling and Mental Health:
Colorado Independent School District School Board Policy Manual states that in compliance with the Texas Education Code parents must consent to the students counseling and students may be able to seek out counseling for many issues including suicide prevention. This policy provides students the opportunity to seek out counseling from the school counselor who may refer students to an outside resource.

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Parental Consent and Review

A board shall adopt guidelines to ensure that written consent is obtained from the parent, legal guardian, or other person entitled to enroll the student under Education Code 25.001(j) for the student to participate in those activities for which parental consent is required. Education Code 33.003

Each school shall obtain, and keep as part of the student's permanent record, this written consent by the parent or legal guardian. The consent form shall include specific information on the content of the program and the types of activities in which the student will be involved.

Each school, before implementing a comprehensive school counseling program, shall annually conduct a preview of the program for parents and guardians. All materials, including curriculum to be used during the year, must be available for a parent or guardian to preview during school hours. Materials or curriculum not included in the materials available on the campus for preview may not be used.

Child Consent to Counseling

A child may consent to counseling for:

1. Suicide prevention,

2. Chemical addiction or dependency; or

3. Sexual, physical, or emotional abuse.

[For more information about consent for mental health treatment, see FFEB.]

Comprehensive School Counseling Program

A school counselor shall work with the school faculty and staff, students, parents, and the community to plan, implement, and evaluate a comprehensive school counseling program that conforms to the most recent edition of the Texas Model for Comprehensive School Counseling Programs developed by the Texas Counseling Association.

The school counselor shall design the developmental guidance and counseling program to include:

1. A guidance curriculum to help students develop their full educational potential, including the student's interests and career objectives.

2. A responsive services component to intervene on behalf of any student whose immediate personal concerns or problems put the student's continued educational, career, personal, or social development at risk.

3. An individual planning system to guide a student as the student plans, monitors, and manages the student's own educational, career, personal, and social development.

4. System support to support the efforts of teachers, staff, parents, and other members of the community in promoting the educational, career, personal, and social development of students.

Higher Education Counseling

Each school counselor at an elementary, middle, or junior high school shall advise students and their parents or guardians regarding the importance of postsecondary education, coursework designed to prepare students for postsecondary education, and financial aid availability and requirements.

During the first school year a student is enrolled in high school, and again during each year of a student's enrollment in high school, a school counselor shall provide information about higher education to the student and the student's parent or guardian. The information must cover:

1. The importance of postsecondary education;

2. The advantages of earning an endorsement and a performance acknowledgment and completing the distinguished level of achievement under the foundation high school program;

3. The disadvantages of taking courses to prepare for a high school equivalency examination relative to the benefits of taking courses leading to a high school diploma;

4. Financial aid eligibility;

5. Instruction on how to apply for federal financial aid;

6. The center for financial aid information established under Education Code 61.0776;

7. The automatic admission of certain students to general academic teaching institutions as provided by Education Code 51.803;

8. The eligibility and academic performance requirements for the TEXAS Grant;

9. The availability of programs in a district under which a student may earn college credit, including advanced placement programs, dual credit programs, joint high school and college credit programs, and international baccalaureate programs;

10. The availability of education and training vouchers and tuition and fee waivers to attend an institution of higher education as provided by Education Code 54.366 for a student who is or was previously in the conservatorship of the Department of Family and Protective Services; and

11. The availability of college credit awarded by institutions of higher education to veterans and military servicemembers for military experience, education, and training obtained during military service as described by the information materials developed by the commissioner in cooperation with the Texas Higher Education Coordinating Board under Labor Code 302.0031(h).

When providing information under item 10, above, the school counselor must report to the student and the student's parent or guardian the number of times the counselor has provided the information to the student.

When providing information under item 11, the school counselor must explain to any student who is enlisted or intends to enlist in the armed forces of the United States the informational materials developed under Labor Code 302.0031.

Automatic Admission

At the beginning of grades 10 and 11, a certified school counselor shall explain the requirements of automatic admission to a general academic teaching institution to each student who has a grade point average in the top 25 percent of the student's high school class. [See EIC]

Notice of Grant Programs

In a manner that assists the district in implementing the district improvement plan, a district shall notify students in middle school, junior high school, and high school and those students' teachers, school counselors, and parents of:

1. The TEXAS Grant and the Teach for Texas Grant programs;

2. The eligibility requirements of each program;

3. The need for students to make informed curriculum choices to be prepared for success beyond high school; and

4. Sources of information on higher education admissions and financial aid.

Education Code 56.308(b)(1)

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A board shall adopt guidelines to ensure that written consent is obtained from the parent, legal guardian, or other person entitled to enroll the student under Education Code 25.001(j) for the student to participate in those activities for which parental consent is required.

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American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

A.9- Serious and foreseeable harm to self and others

This ethical standard is directly related to suicide and suicide prevention. If there is a possibility that a student may harm themselves or others the school counselor is responsible for ensuring the safety of the student and others. School counselors must inform the students of their duties in the event of a threat being assessed so that the student is aware of the reporting that will take place. School counselors must inform parents, administration, and/or appropriate authorities if a risk is found. School counselors must keep students in their possession until a decision is determined on how to treat the student.

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Tex. Educ. Code. § 11.252

*All schools must have evidence-best practices in place that address the needs of students including suicide prevention training
*The program must include:
-parent or guardian notification procedure

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Padlet Slide #12 Personal Connection to the Legal and Ethical Standards

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Padlet Slide #12 Personal Connection to the Legal and Ethical Standards

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As a student in high school we lost a student that was nominated to be homecoming king, he was the Varsity football captain, he was well known and loved by everyone that knew him. As a student I remember how the teachers responded and the compassion they showed towards us for the remainder of the year. Now as an educator I realize how incredibly difficult that must have been for them. The laws in place about suicide prevention and watching for warning signs are what kept our school going for the weeks after the suicide occurred. At the time of the suicide I did not know there were laws and policies in place in regards to watching for warning signs of suicidal ideation or mental health issues. My education was greatly impacted by the care and attention I received for my mental health. My career has been affected by suicide by allowing me to provide mental health care to my students. I hope as my future role as a school counselor I can continue to provide exceptional care to my students.

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Padlet Slide #13 List of Recommendations 

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Padlet Slide #13 List of Recommendations 

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* Duty to warn- school employees have a duty to warn when they believe a child is in danger. Make sure the appropriate authorities are notified.
* Ensure that you have received the most up to date training about suicide and suicide prevention.
* Pay attention to students and what is happening on a daily basis. If you suspect a student is a danger to themselves or others notify someone immediately.
* If you notice a student is being bullied put it to a stop and report to proper authorities.
* Many students suffer from mental health issues keep this in mind and help students who may be in need
* Do your due diligence and report. Any minor detail could be important to saving a life. Negligence is one of the biggest factors in many suicide cases.