Threat Assessment Procedures Student Support Programs and Services Updated June 2015

Agenda Connections with District Initiatives Scenarios What is a Threat? What is a Threat Assessment? Initial Inquiry Process Comprehensive Threat Assessment Team Roles and Responsibilities Record Keeping & Legal Issues

Connections with District Initiatives

Sample Scenarios Review scenario Discuss at your table: What questions would you have? What data/information do you still need? What would your role be in handling this situation? Easier/general scenarios

What is a Threat? An expression of intent to harm someone. Threats may be direct (“I am going to shoot him”) or indirect (“I am going to get him”) and may be communicated in a variety of ways: Verbal threats, e.g. “you’re going to die.” Threatening email or text message Paper, journal, song lyrics, drawings that deal with violence Gestures Faculty member overhears conversation Student reports suspicious behavior of another student Messages or videos posted on social networking websites, online forums, etc.

What is a Threat Assessment? Threat Assessment procedures are used to determine the credibility and seriousness of a threat of targeted violence and the likelihood that it will be carried out. The primary purpose of a threat assessment is to prevent targeted violence. Conducted by a team of trained professionals Team members must distinguish between making a threat (e.g., telling a potential target that he or she may or will be harmed), and posing a threat (e.g., engaging in behavior that indicates furthering a plan or building capacity for a violent act).

A Threat Assessment is Not… A procedure that follows a physical altercation (e.g. fight) Meant to replace or be necessary due to law enforcement’s investigation Conducted based on gut feelings or “vibes” about a student Intended to be completed when the student is in danger of harming THEMSELVES

Initial Inquiry Process Threat of violence is reported Administrator completes the Type of Threat Checklist (with input from SS if necessary) and determines if threat is Low or Medium/High Consider ODR codes If Medium/High, SS team member(s) assists by completing student interview, reviewing records, etc. ODR codes: Connection between Low and Level 1? Medium/High and Level 2/3??

Notify Your School Resource Officer… Suspicion of criminal activity Need for Baker Act Possibility of drug or weapon involvement Suspicious behaviors Inquiries about campus safety measures Individuals claiming to be plainclothes detectives or law enforcement from other agencies requesting to see students Any concerns related to campus security

Initial Inquiry Process (cont) Administrator and SS team member(s) review information and determine if minimal risk or more information is needed. If more information is needed, comprehensive threat assessment is initiated.

Comprehensive Threat Assessment Address safety concerns, including protecting victim School Psychologist & Social Worker obtain parent consent and conduct interviews, checklists, rating scales, etc. Entire team debriefs to discuss 11 Key Questions, follow-up and support Consultation report is completed

TEAM ROLES AND RESPONSIBILITIES

Steps when Threat to Others Threat to Others Procedural Checklist Decision-Protocol Administrator Lead Type of Threat Checklist Low Type Threat Finding Develop follow-up/support if needed Action Step Follow Discipline Matrix Make Parent Contact Med/High Type Threat Counselor or other SS Member Completes Student Interview Decision - Protocol Team Reviews student information and determines Risk Level Minimal Risk Develop follow-up plan and schedule support if needed More Information is Needed Handle Safety Concern including Victim Needs Conduct SS Team Comprehensive Threat Assessment Obtain Parent Consent MIS Form #420 Schedule Follow-Up Debrief Meeting SRO if weapons, illegal substances, drugs, etc. Concurrent Lead Student Services Assist If mental health concerns arise follow threat to self or Baker Act flowchart Staff – roles and responsibilities Action Step – perform task Decision-Protocol – district procedure, checklist, form, etc. Finding – results of information gathering

Initial Threat Assessment Team Administrator: The administrator should lead the threat assessment team because of their fundamental responsibility for student disciplinary matters and school safety. As the team leader, the school principal or assistant principal conducts the initial triage to determine the seriousness of the threat. The administrator determines the Type of Threat (low or medium/high) and applies disciplinary actions, as needed. May consult with School Counselor/Itinerant Student Services, if needed. May wish to consult with others familiar with the student (e.g. Behavior specialist, case manager, etc.) Make point about impulsive/heat of the moment statements (emotionally charged statements) Teasing out angry kids vs. students who pose more of a risk/have a plan -- personal examples

Types of Threat Low Type of Threat: These threats may be vague and indirect. Information may be inconsistent, implausible or lack details. Unlikely to be carried out. Most threatening statements are not considered serious threats because it is clear that the student has no intention of carrying out the threat nor a lasting intent to harm someone. “I’m going to get you” — said in the heat of competition during basketball game” “I am going to bust you up” –said in anger, but then retracted after the student calms down “I could break you in half” —said during a fight but retracted after the two students reconcile

Indicators of Medium/High Type of Threat: Types of Threat Medium/High Type of Threat: These are more serious threats where statements may express a continuing intent to harm someone beyond the immediate fight, argument or incident when the initial threat was made. Indicators of Medium/High Type of Threat: The threat contains specific, plausible details (“I am going to shoot Mr. Jones with my gun.”) The threat has been repeated over time There are suggestions that violent action has been planned The student has sought out accomplices

If Medium/High Type of Threat… School Counselor: The school counselor brings expertise to the team in working with students and helping them resolve conflicts and problems with peers. May assist administration in determining Type of Threat. Responsibilities may include: Completing Student Interview Form Reviewing Cumulative Folder & Discipline Records, and Imminent Danger Warning Signs Consulting with Teachers, Case Manager, Behavior Specialist, or others familiar with the student Consulting with administrator to determine whether a comprehensive threat assessment is necessary Consulting with others familiar with student: Could be admin and/or SS team members ***For elementary counselors, consider a plan for who to consult with/contact for medium/high types of threat (may include counselor at another school, calling itinerant SS staff, behavior specialist etc.) When completing interview with student, consider suicide assessment procedures if necessary

Level of Risk Minimal vs. Need more information If more information is needed, comprehensive threat assessment procedures are initiated

Comprehensive Threat Assessment Team School Psychologist, School Social Worker: In cases where a comprehensive threat assessment is needed, the School Psychologist and School Social Worker should be enlisted. Teachers, behavior specialists, etc. may also provide assistance. Responsibilities may include: Conducting parent, student, peer and teacher interviews, distribution of checklists. Preparing the final consultation report

Post-Assessment/Debriefing Entire team meets to discuss all information collected Team considers 11 Key Questions (next slide) Team develops safety/support plan and makes recommendations for next steps (e.g. referral to outside agency)

UNITED STATES SECRET SERVICE AND UNITED STATES DEPARTMENT OF EDUCATION’S 11 KEY QUESTIONS What are the student(s) motive(s) and goals? Have there been any communications suggesting ideas or intent to attack? Has the subject shown inappropriate interest in school attacks, weapons, incidents of mass violence? Has the student engaged in attack-related behaviors? Does the student have the capacity to carry out an act of targeted violence? Is the student experiencing hopelessness, desperation and/or despair?  Does the student have a trusting relationship with at least one responsible adult? Does the student see violence as an acceptable (or desirable, or the only) way to solve problems? Is the student’s conversation and “story” consistent with his or her actions? Are other people concerned about the student’s potential for violence?  What circumstances might affect the likelihood of an attack? Further guiding questions in threat assessment manual

Sample Scenarios Review scenario Discuss at your table: What questions would you have? What data/information do you still need? What would your role be in handling this situation? More complicated scenarios

RECORD KEEPING & LEGAL ISSUES

Record Keeping Low Type of Threat or a Low Level of Risk: housed in a secure location by the principal or designee and would not be filed in the students’ cumulative folder. These records would be destroyed in a confidential manner, by the principal or designee by the end of the school year in which the incidents occurred. (Only the school principal can purge the threat assessment report.  Parents may petition, in writing, for the principal to remove the report.  Reports may be purged and destroyed, in a confidential manner, if they are no longer relevant or required by the school

Record Keeping Continued Threats resulting in a Consultation Report (e.g., Comprehensive Threat Assessment) will be maintained in the student’s cumulative folder until determined by the principal it is no longer needed. Only the school principal can purge the Threat Assessment Consultation Report. Parents may petition, in writing, for the principal to remove the report. Reports may be purged and destroyed, in a confidential manner, if they are no longer relevant or required by the school.

What Should Threat Assessment Teams Do to Protect Themselves from Liability? Follow recognized standards when possible. Courts do not expect team members to predict or prevent all violence. Make reasonable decisions. Maintain adequate documentation. Staff can protect themselves from legal liability in a case of a student-perpetrated act of violence. The most important legal issue is whether the professional followed the accepted standard of care for his or her field. Perfection is not required. Post hoc records are inadequate. Instead, courts consider whether someone has met the professional standard of care for their field of practice. Standards for student threat assessment are still developing.

Confidentiality has Limits The Family Education Records Privacy Act (FERPA) applies to educational records. Even information covered by FERPA can be disclosed in a health or safety emergency situation: “An educational agency or institution may disclose personally identifiable information from a school record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.” Sec 99.36 (a) Safety takes priority over confidentiality in an emergency.

Confidentiality has Limits Information covered by FERPA can be disclosed to other school staff. For example, disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student or others CAN be disclosed to school staff who have legitimate interests in the behavior of that student. Sec 99.36(b)2 Such information can be disclosed to staff of another school who have legitimate educational interests in the behavior of that student. Sec 99.36 (b)3 Information can pass from one school to the next if there is legitimate educational need.

Next Steps Administration, student services, and SRO (if applicable) should meet during the first four weeks of school to discuss roles and responsibilities, location of paperwork, etc. As a team, discuss how staff will be notified about reporting procedures for threats (to others, to self) Remind staff to not leave voice messages or emails in instances of student safety due to time sensitivity