Education Law Publications

The firm publishes a monthly "Issue of the Month" on current issues or matters of interest in the education law area.

If you want more information about our education law practice or a copy of any of our articles, contact David Duff at dduff@ddtwb.com

SCHOOL LAW
"ISSUE OF THE MONTH"
May 2007

Preventing School Shootings:
Identifying and Addressing Warning Signs of Violent Tendencies

In the wake of the recent tragedy at Virginia Tech, school administrators once again are asking the question: can school shootings be prevented? Efforts have been made in recent years to compile accurate and useful information about past school shootings and those who perpetrated the attacks. One such study was conducted jointly by the U.S. Secret Service and the U.S. Department of Education and is known as the Safe School Initiative (Initiative). In May 2002, the Initiative published the document Threat Assessment In Schools: A Guide To Managing Threatening Situations And to Creating Safe School Climates, which can be accessed at http://www.secretservice.gov/ntac_ssi.shtml.

Key findings of the Initiative include: 1) school attacks are rarely sudden, impulsive acts; 2) prior to an attack, someone knew about the attacker's idea or plan; 3) most attackers never threatened directly their specific target; 4) most attackers previously had engaged in behaviors that caused concern or indicated a need for help; 5) most attackers had difficulty dealing with a personal loss or failure and many had considered or attempted suicide; and 6) many attackers felt bullied, persecuted, or injured in some way by others. The Initiative also concluded that there is no one accurate or useful profile of a student who implements a school attack and encouraged school districts to take a "behavior assessment approach" in determining whether there should be concern about a particular student. This behavior assessment approach may include consideration of broad or general threats made, violent tendencies or actions exhibited, and emotional or mental disturbance displayed.

With regard to threats, school administrators may encounter a number of different kinds, including specific threats heard or received by the identified victim, specific threats heard or received by individuals other than the identified victim, broad threats heard or received by members of the group of likely victims, and broad threats heard or received by individuals who are not members of the group of likely victims. These distinctions are significant in determining what disciplinary, criminal, or other action a school administrator should initiate when faced with information about a threat. When reviewing action taken against threat-makers, courts generally have considered whether the threat-maker reasonably could have foreseen that the communication would be perceived as a threat or whether a reasonable recipient would perceive it as a serious expression of intent to cause present or future harm. Courts do not require that the threat be communicated directly to the identified victim. For example, in a Texas case, a student threatened on an internet chat room to shoot and kill students at school. The woman with whom the student was "chatting" on line notified the police, and criminal charges resulted. Additionally, when threatening statements are posted on web sites or otherwise communicated to a school population, any resulting disruption caused by the fear and concern generated by the message may be taken into account in determining appropriate disciplinary action and any other necessary action related to an assessment of the student's mental state.

Although actual threats should be addressed through student discipline procedures and possible initiation of criminal charges, the more difficult determination is whether the student poses a threat when no actual threat has been made. While the Initiative found that there was no one profile of a school shooter, the commonalities from past school shooting incidents suggest that schools should focus on training and procedures for staff and students related to being aware of and reporting behaviors or actions of students which could be signs that a student may pose a threat. Specifically, teachers must know what to report and how to report it, and students should be made to feel comfortable reporting behaviors or actions of other students. Behaviors and actions to be reported may include severe social withdrawal or isolation, expressions of violence or threats in drawings or writings, uncontrolled anger and aggressive behaviors, as well as expressions of extreme intolerance of others.

When such behaviors have been observed and reported, background information about the student should be obtained, to include whether the student has experienced rejection, bullying, or personal loss; whether there has been a change in academic performance or classroom conduct; whether there is any indication of drug or alcohol use; and whether the student has been exposed to or has access to weapons. Much of this information can be found in student records, through conversations with teachers, and by discussing the matter with parents or guardians. At a minimum, the student may need to be referred for mental health counseling. The student also may need to be excluded from school until a mental health assessment is completed and a determination is made as to whether the student poses a threat. When a district can show a reasonable basis for requiring a mental health assessment, courts generally have upheld this practice. It also should be noted that parents/guardians who refuse to obtain mental health treatment for their child may need to be reported to the Department of Social Services for parental neglect.

In addition to being aware of behaviors or actions that could indicate a student poses a threat, it is of critical importance that all instances of bullying and general harassment by students against one or more other students be addressed. As noted above, a significant number of school shooters have indicated in past writings or statements that they had been bullied or persecuted in some way by others. South Carolina law now requires that all school districts have specific policies in place to address bullying and general harassment. The policies should cover what behaviors will not be tolerated, as well as how those behaviors should be addressed when observed, what reporting procedure is available for staff as well as students, and what investigation process is to be initiated.

All incidents of school violence may not be preventable. However, districts can learn from the information available about past school shootings to guide their policies and procedures related to identifying students who may pose a threat, as well as to deterring conduct of others that may contribute to the likelihood of a student carrying out a violent act at school. If you would like more information about the studies of past school shootings, or if you need assistance with policy reviews, please feel free to contact us.

Past Issues of the Month may be accessed at http://www.ddtwb.com/