In November 2021, a school shooter opened fire at Oxford High School in Michigan killing four students. Prior to the shooting, the shooter’s father assisted the high school student in purchasing a gun. Additionally, the shooter’s mother took the student to the gun range. The school district alerted the parents to concerns that the shooter was searching for ammunition on his cell phone during class and that violent drawings had been found in the shooter’s possession in school. The parents did not take the school’s concerns seriously and instead brushed them off. The shooting occurred the day the school staff met with parents to notify them of the District’s concerns.
On December 3, 2021, both parents, James and Jennifer Crumbley, were charged with involuntary manslaughter for failing to prevent their son from harming others. Claims included the parents' alleged failure to secure guns and ammunition in their home and failure to assist their son in receiving mental health services. On January 23, 2024, Jennifer Crumbley stood trial on involuntary manslaughter charges. This case was one of first impression where there was an attempt to place criminal responsibility on the parents for the school shooting.
Interestingly, you can sum up a lot of the mother’s defense strategy as, “This was really the school’s fault.” While probably not surprising to educators, the case involved discussion of many common areas where public misunderstanding of school obligations tend to occur: mental health, searches, safety and security, child find and evaluation under disability laws, and others. On February 6, 2024, the jury convicted Jennifer Crumbley on four counts of involuntary manslaughter. This is the first time in U.S. history that a parent was convicted in connection with a mass school shooting committed by their child.
This case sets up what could be a fascinating precedent for parents who are gun owners and also highlights the importance of parents paying attention to mental health warning signs exhibited by their children. More courts may now consider whether parents who own guns properly store their guns and prevent unsupervised access of weapons to minors. It also highlights the significance of parents’ diligence surrounding their children’s actions and mental health. For our school administrators, this case shows the importance of early warnings and having frank, honest conversations with parents about mental health concerns and other warning signs educators see with students in the school setting. Of course, we naturally found ourselves considering any IDEA and Section 504 implications as these mental health warning signs emerged. If you have any questions about these issues or school safety obligations, please reach out to us at ksb@ksbschoollaw.com or call us at 402-804-8000.