These children were required, upon pain of their arrest and/or their parents/guardians, to be in that school at that time. There was a “reasonable expectation” of security. Those magic words have worked before in shootings at privately owned facilities where people were in a building in return for a bi-weekly check. This is why employer’s insurers with a “no weapons on campus” policy and signage cough up dough immediately in the cases where someone just can’t read.
Good argument. I hope the court finds it persuasive, whatever venue this ends up in.