WHOSE FAULT, WHOSE LIABILITY?

By Bob Walsh

Mikyla Wren killed herself at the age of 14. Her parents and grandmother are, as one might expect, suing the school district over it.

Mundelein High School District 120 in Lake County, Illinois, is the defendant. Since the lawsuit has actually been filed they are declining comment. Interestingly enough, the family is NOT seeking a financial settlement but rather is attempting to force the district to comply with state law regarding suicide prevention policy.

Mikyla’s mother is a medical doctor, her grandfather a former member of the school district board and her grandmother a long time school district employee.

There is a law in Illinois, called Anne Marie’s Law. It requires that school districts have in place operational and age-appropriate suicide prevention plans and that the plan be reviewed and updated yearly. Allegedly the district’s plan has NOT been updated since 1999 in violation of the new law.

The district contacted the mother on October 15 of last year when they discovered the word “suicide” on her school-district issued laptop. The mother allegedly requested an immediate risk assessment. Mikyla was unable to see a school counselor until October 21. The counselor did not follow-up with the mother. Mikyla killed herself on October 26.

Generally speaking I am inclined to think the family is attempting to calm their own bad feelings about things with money when this happens. The family is not asking for any money beyond their actual legal costs. It is therefore possible that, in this case, it really is about the principle and not about the money.

In any case, if you have a legally mandated program you should follow the law. If you don’t you can get bit on the butt.