studentdiscipline

Toward A Consistent Approach to School Threat Assessments

It’s been over 25 years since the school shooting at Columbine High School, an event that shocked the conscience of the nation and sparked the national debate on gun violence in schools. But what have we learned in those 25+ years? Since the Columbine massacre in April 1999, there have been an estimated 2,311 school shootings. (1)

Around the nation, school threat assessment protocols have been put in place to evaluate risks and prevent the next tragedy. A threat assessment involves evaluation and classification of the threat (i.e., transient versus substantive) and following up with an appropriate response and intervention, including notifying parents and creating a written safety plan.

But even with the directives aimed at calculating and measuring the level of risk posed by a given statement or incident, in the first 3 months of 2024 alone, there were 77 incidents of school shootings in the United States. (2) “Prevention is the missing piece after every attack,” said Ohio Attorney General Dave Yost. “And the safety of children across our state depends on us plugging that gap.” To address that gap, Yost’s team created the Ohio School Threat Assessment Training, a combination of best practices from leading school-safety experts, including the U.S. Secret Service National Threat Assessment Center. The training envisions a team approach, engaging community members, such as police officers and mental-health advocates, to prevent targeted violence and get help for troubled students.

Ohio House Bill 123 went into effect in March 2023, establishing the Safety and Violence Education Students (SAVE Students) Act, providing directives and protections for school safety and youth suicide awareness education and training. Every Ohio school district must now assemble a threat assessment team for each school serving grades 6 – 12, in the district. The SAVE Students Act also require school threat assessment teams to complete, upon appointment to a threat assessment team and once every three years thereafter, one of several approved training programs. These programs are offered free or of no cost to schools. These programs adhere to evidence-based standards and curriculum requirements, providing instruction in (1) identifying behaviors, signs, and threats that may lead to a violent act; (2) determining the seriousness of a threat; and (3) developing intervention plans that protect the potential victims and address the underlying problem or conflict that initiated the behavior and assessments of plan results.

When faced with a threat of violence against a school, staff or students, the team should follow some basic guiding principles:

  • Treat all threats seriously.

  • Investigate the incident promptly and efficiently.

  • Use support staff and external resources as a part of a multidisciplinary threat assessment team to evaluate threats.

  • Take appropriate disciplinary and criminal enforcement steps.

  • Document the threats and actions taken.

  • Enhance security measures, as appropriate, to ensure the safety of all students, staff, and facilities.

Following the SAVE Students Act directives ensures consistency and thoroughness in evaluating and responding to threats. Unfortunately, schools in Ohio have different approaches to threat assessments when faced with statements or actions that are perceived as threats. Some Districts follow the mandates of nationally accredited programs, putting many hours into investigating and evaluating every single threat, and creating a thoughtful response aimed at identifying true threats and supporting students. Other schools are less detail oriented in their investigation, and less consistent in their approaches to threat assessments. Such informality leads to more students facing discipline (and potential criminal charges) for threats that may not present the requisite risk of violence or cause for alarm.

Our schools would be safer and our students more supported if every school district undertook a consistent approach, based on the directives outlined in the Ohio School Threat Assessment Training Guide and Reference Manual.

1.        All shootings at schools includes when a gun is brandished, is fired, or a bullet hits school property for any reason, regardless of the number of victims, time, or day of the week. Naval Postgraduate School’s K-12 School Shooting Database, Riedman, David (2023). K-12 School Shooting Database.

2.        The United States government Office of Government Accountability maintains records evaluating the characteristics of school violence, relying on the Naval Postgraduate School’s K-12 School Shooting Database, Riedman, David (2023). K-12 School Shooting Database.

Written by attorney Ruth Pack-Adler at Abdnour Weiker, LLP

http://www.Lawyers4Students.com

K-12 Students: 3 Things To Do If You (Or Your Child) Are Suspended or Expelled from School

Unfortunately, it remains the norm for primary and secondary schools throughout the country to use suspension and expulsion as a remedy for bad behavior, despite almost no evidence that removing students from the educational environment works to deter bad behavior or increase academic performance.  

To the contrary, data from the U.S. Department of Education, Office for Civil Rights indicates that even a single suspension increases the likelihood of future misconduct, and can lead to lower graduation rates and increased involvement in the juvenile justice system. So, it is an understatement to say that suspension and expulsion can be disruptive to a student’s education and social progression. 

In Ohio, suspensions and expulsions are allowed under state law. Out-of-school school suspensions may be issued for up to 10 consecutive school days. Expulsions (which, if issued, always follow a suspension) may be issued for up to 80 days for common rules violations, and up to one year for more serious offenses such as bringing a weapon onto school property or making a bomb threat. (Note that Ohio students in grades K-3 may only be suspended or expelled for these more serious offenses.) Permanent exclusion is also a possibility for students who commit very serious criminal acts. Suspensions and expulsions include complete removal of the student from the school environment.

If you or your child are facing suspension or expulsion, you should consider taking these steps to protect yourself and mitigate any negative impact to your or your child’s education:

#1 – Review the Notice Carefully 

You should first receive a Notice of Intent to Suspend/Expel, informing you of the alleged infractions, followed by an actual Notice of Suspension/Expulsion, notifying you that you have been suspended/expelled. Review the alleged infractions in the student handbook and in the school’s policies and compare the definitions for the infractions to what took place. Pay close attention to the appeal deadlines. This is a good time to contact an attorney if you plan to use one. 

#2 – Always Appeal 

You should appeal the suspension/expulsion, even if you’re not sure whether you plan to pursue the appeal. An attorney can appeal for you, but the deadline to appeal can be as short as 2-3 days, so you may need to appeal before you find an attorney. Make sure you submit the appeal in writing in accordance with the instructions on the notice. You are entitled to separate suspension and expulsion appeal hearings (if you are dealing with both), although you may ask to combine them if they would be redundant. An appeal hearing will be scheduled, usually within days. You can always request an extension in order to prepare for the hearing, gather records, obtain counsel, etc. 

The hearing will provide you a chance to explain your side of the story and submit evidence. You may also call witnesses to the hearing, although the process is less formal than court. Obviously, you need to prepare very well for your hearing, highlighting the reasons that you believe suspension/expulsion is not warranted. Your appeal can be withdrawn if you change your mind or determine that the suspension/expulsion is acceptable. 

#3 – Complete All Assignments While You Are Out of School

In Ohio, schools must give students at least 50% credit during an out-of-school suspension. The same is not true for expulsion. Nonetheless, during the pending appeal(s) and through any suspension/expulsion period, complete as much work as you can. Try to stay as current with your assignments as possible. The reasons for this are twofold: (1) this keeps you from falling too far behind academically during the appeal hearings and any imposed suspension/expulsion period, and (2) this indicates to the hearing officer(s) that you are both capable and motivated to continue learning. This can help you in your appeal hearing because you can argue that you are a contributing student who can seamlessly transition right back to the classroom environment. 

We hope you can avoid suspension and expulsion altogether. But, if you find yourself in trouble, taking these three steps will help to mitigate the negative effects of suspension/expulsion.

Written by Mark Weiker, Esq. from Albeit Weiker, LLP; education law attorney focused on student rights & father of two.

If you have questions about school discipline, or need representation, call us at 614-745-2001.