Behavior Threat Assessment

I. Purpose

The purpose of this procedure is to establish a threat assessment process that provides preventive and intervention measures for students, staff, volunteers, contractors, and other non-affiliated individuals whose behaviors pose a threat to the safety of the school environment. Addressing the safety and mental health needs of all parties involved in this process is a top priority.

II. Background

In accordance with §7-1507(c) of the Educational Article, Annotated Code of Maryland, each local school system is required to adopt a model policy, consistent with the Subcabinet of the Maryland Center for School Safety's (MCSS) Model Policy for Behavior Threat Assessment (MMP) ¹, for the establishment of behavior threat assessment teams whose functions include (but are not limited to), the development of a process for regular assessment and intervention, including mechanisms for identifying, assessing, and intervening with individuals whose behavior may pose a threat to the safety of the school or to an individual attending or working in a public school.

Maryland School for the Deaf (MSD) is working in partnership with the mental health community and law enforcement to ensure that mental health services and other resources are readily available to identify and eliminate threats or unwanted behaviors within the school community, to support potential victim(s), and provide assistance to the individual being assessed. Maintaining a safe and supportive learning environment is vital for achieving the mission and vision of MSD.

¹ — Any requirements from the Maryland Model Policy are designated herein as "MMP".

III. Definitions

III. Definitions

A. Behavior Threat Assessment — Behavioral threat assessment is a comprehensive structured group process used to identify, assess, and manage the risk of threats of targeted violence posed by an individual or group.

B. Mental Health Service Providers — Designated individuals who is responsible for:

— Coordinating existing mental health services;

— Working in collaboration with local Department Health and Human Services (DHHS), and other local providers of mental health services to refer students for treatment;

NOTE: Mental Health Service Providers includes

- - - School psychologist
    - School counselor
    - Social workers
    - Medically trained staff with background in mental health services

C. Non-Affiliated Person — A non-affiliated person is a person who is not an employee, student, contractor, family member or friend of a student or staff member.

D. Threat — A threat is an expression of an intent to cause physical harm to someone. The threat may be expressed/communicated behaviorally, orally, visually, in writing, electronically, or through any other means; and is considered a threat regardless of whether it is observed by or communicated directly to the target of the threat or observed by or communicated to a third party; and regardless of whether the target of the threat is aware of the threat. Threats may be direct ("I am going to beat you up."), indirect ("I'm going to get him."), or conditional ("Give me your money or you will regret it.").

E. Threat Levels

1. Low Risk Threat — A low risk threat is one in which it is determined that the individual/situation does not appear to pose a threat of serious harm to self/others, and any exhibited issues/concerns can be resolved easily.

2. Moderate Risk Threat — A moderate risk threat is one in which the person/situation does not appear to pose a threat of serious harm to self/others, at this time, but exhibits behaviors that indicate a continuing intent and potential for future violence or serious harm to self/others; and/or exhibits other concerning behavior that requires intervention.

3. High Risk Threat — A high risk threat is one in which the person/situation appears to pose a threat of serious harm to self or others, exhibiting behaviors that indicate both a continuing intent to harm and efforts to acquire the capacity to carry out the plan; and may also exhibit other concerning behavior that requires intervention.

4. Imminent Risk Threat — An imminent threat exists when the person/situation appears to pose a clear and immediate threat of serious violence toward self or others that requires containment and action to protect identified or identifiable target(s); and may also exhibit other concerning behavior that require intervention.

IV. Procedures

A. Behavior Threat Assessment Team

MSD shall establish a Behavior Threat Assessment Team to monitor and respond to information about behavior, statements, or plans that pose a threat of violence at a school or a school function. This team may include the following individuals:

NOTE: The CEPO/designee is the team leader for the Behavior Threat Assessment Team and is responsible for documenting the incident using Attachment B.

B. The assessment team shall:

— Provide guidance to students and staff regarding recognition of threatening behavior that may represent a threat to the community, school, or self.

— Identify members of the school community to whom threatening behavior should be reported.

— Implement MSD's administrative procedure for the assessment of and intervention with individuals whose behavior poses a threat to the safety of school staff or students (MMP).

— Make a preliminary determination if a student poses a threat of violence or physical harm and report its determination to the Superintendent.

— Meet at least monthly to review active cases. If there are no active cases, the team does not need to meet. Cases reviewed by this team should be classified as:

— Currently active and under review

— Active with proactive monitoring of behavior; or

— Inactive with reactive monitoring, as needed (MMP).

— Understand that strategies and guidelines set forth in the MCSS Model Policy for Behavior Threat Assessment (MMP).

Training

A representative from the Behavior Threat Assessment Team or designee must provide guidance to students and staff regarding recognition of potentially threatening behavior and processes for reporting threatening behavior by conducting presentations, broadly disseminating relevant information and ensuring access to consultation from the Behavior Threat Assessment Team.

C. Threat Assessment and Management Process

1. Identifying and Reporting Threats

— Nothing in this procedure shall preclude MSD staff from acting immediately to address an imminent threat to life and safety.

— All MSD employees, students, and parents/guardians shall report immediately to the school mental health providers expression of intent to harm themselves or another person, concerning communications, or concerning behaviors that suggest an individual may intent to commit an act of violence. Staff who receive such reports shall immediately convey information to the CEPO/designee or appropriate supervisor. (MMP)

NOTE: Students, employees, parents/guardians, volunteers, contractors, and community members may also anonymously report potential threats to the Safe Schools Maryland Tip Line at 833-MD-B-SAFE (833-632-7233), safeschoolsmd.org webpage, or via the Safe Schools MD app.

2. Obtaining Information about the Incident

— The Behavior Threat Assessment Team Leader (CEPO/designee) is required to conduct an initial inquiry about the incident as expeditiously as possible using Attachment B, Parts 1-4.

— Based on the information obtained in the initial inquiry, the CEPO/designee will notify the Behavior Threat Assessment Team to make a determination about the need to proceed with the next steps in the behavior threat assessment process.

Imminent Risk Threat

If the individual appears to pose an imminent threat of serious violence to themselves or to others in the school, the CEPO/designee is required to notify SRO and call 911 immediately, and if the individual is an employee, the CEPO/designee is required to notify the immediate supervisor who will notify MSD's Employee Labor Relations Officer (ELRO).

In accordance with the Maryland State Department of Education's Emergency Planning Guidelines for Local School Systems and Schools" (December 2019), school responses may include actions such as evacuation, lockdown, and shelter-in-place.

Within 24 hours of a determination, the CEPO/designee is required to adequately document the incident.

3. Assessing the Threat

If there is no imminent threat present, or once such an imminent threat is contained, the threat assessment process shall continue and be documented using Attachment B.

The triage process may include, as necessary and appropriate, interviews, record reviews, and law enforcement, although their involvement is not always needed, especially when the team is able to determine with a reasonable degree of confidence that the alleged threat is not a threat or is a low risk threat. The triage process may also include:

— Reviewing the initial inquiry report and any additional information about the threatening behavior or communication;

— Reviewing educational and health records. This includes recent school performance history, disciplinary actions, prior threats, previous social and emotional interventions, presence of known problems in the life of the individual, and online searches. The review is conducted by the mental health service provider(s);

— Consulting with staff members who know the student well;

— Requesting the law enforcement member to obtain criminal history record information to further evaluate and assess the threat, where deemed appropriate; (MMP)

— Conducting timely and thorough interviews, as necessary, of the person(s) who reported the threat, the recipient(s), or target(s) of the threat, other witnesses who have knowledge of the threat, and where reasonable, the individual(s) who allegedly engaged in the threatening behavior or communication. Interviews are conducted by mental health service provider(s) using Attachment A;

Mental Health Service Providers may include (but not limited to):

- Supervisor of Mental Health
- School psychologist
- School counselor
- Social worker
- Medically trained staff with background in mental health services.

4. Determining the Threat Level

— Make a determination as a team, as expeditiously as possible, of the seriousness and validity of the threat and the degree to which existing resources are sufficient to address the concern, using Attachment B Parts 5-6.

— If it is determined that the threat is not identifiable or is a low threat of violence or harm to self or others, the Behavior Assessment Team may determine that no further assessment, intervention, or monitoring is required at the time to prevent violence.

— If it is determined that the threat is a moderate or high risk of violence or harm to self or others, the student interview form (Attachment A) must be completed by a mental health service provider.

— The age, grade, and mental capacity of the student will be taken into consideration in the determination of the level of threat in the decision to involve law enforcement or SRO.

5. Responding to a Threat by a Student

After the Behavior Assessment Team determines the level of threat, the following actions are required as appropriate:

— Within 24 hours of a determination, the Behavior Threat Assessment Team Leader (CEPO/designee) is required to adequately document the behavior threat assessment process on Attachment B.

— The Behavior Threat Assessment Team Leader (CEPO/designee) must place originals of all information gathered into the student's confidential file.

6. Student Records and Confidentiality

Upon preliminary determination by the Behavior Threat Assessment Team that a student poses a threat of violence to self and/or others in the school or school building or at a school-sponsored event, the SRO may request and obtain a criminal history record to further evaluate and assess the situation, where deemed appropriate. (MMP)

— No member of the Behavior Threat Assessment Team shall re-disclose any criminal history record information obtained pursuant to the threat assessment or otherwise use any record of an individual beyond the purpose for which such disclosure was made to the Behavior Threat Assessment Team in order to carry out its prescribed activities. (MMP)

— The Behavior Threat Assessment Team may not maintain an individual's criminal history record obtained to carry out its functions, nor may team members make copies of it. (MMP)

— Criminal history information obtained under the behavior threat assessment process may not be placed in the student's confidential file or otherwise maintained as a student education record. (MMP)

NOTE: Behavior Threat Assessment Team will adhere to student privacy and non-disclosure requirements including the Family Educational Rights and Privacy Act (FERPA).

7. Parent/Guardian Notification

a. Unsubstantiated-Low Risk Student Threats

In cases involving unsubstantiated or low risk threats, the CEPO/designee may notify the parent/guardian of any student who is the target/recipient of a threat and is required to notify the parent/guardian of any student who posed a threat. (MMP)

b. Moderate/High/Imminent Risk Student Threats

1. In instances where the threat is deemed moderate risk, high or imminent risk, or requires further intervention to prevent violence or serious harm, the CEPO/designee is required to notify the parent/guardian of any student who is the target/recipient of a threat as well as the parent/guardian of any student who made the threat. (MMP)

2. The CEPO/designee shall immediately report any act noted above that may constitute a criminal offense to the parents and/or guardians of any minor student who is alleged to have committed the act and shall report that the incident has been reported to local law enforcement.

3. The CEPO/designee shall inform the parents and/or guardians that they may contact law enforcement for further information, if they so desire. (MMP)

4. When it is necessary to arrest the student making the threat on school premises during school hours, the CEPO/designee shall ascertain: the facts from the arresting officer, which will enable him/her to fully advise the parent/guardian and other appropriate school officials of the nature of the charge; the identity of the arresting officer; and the location to which the student is being taken. (MMP)

5. If the parent or guardian refuses to follow the safety recommendations for the student or does not take the suicide risk seriously, the CEPO/designee may contact Child Protective Services at (301) 909-2450 or (301) 699-8605 to report suspected child neglect. (MMP)

6. The CEPO/designee must document the date and time of phone calls and meetings with parents/guardians regarding suspected threats. (MMP)

D. Intervening, Monitoring, and Resolving Student Threats

As part of the behavior threat assessment process, the Behavior Threat Assessment Team will identify available resources (including law enforcement and other public safety agencies) and community support organizations to assist, as appropriate, in developing and implementing a case management plan for the student of concern and any potential victims. (MMP) Attachment C — Response, Management, and Support Plan

1. The Case Management Plan (along with addendum to case management plan) should be fact-based and person/situation specific. The plan should identify appropriate actions to implement with the student who posed a threat. Examples of such actions may include, but are not limited to: providing direct communication and engagement with the individual who was assessed to build rapport and relationship, decrease isolation, de-escalate volatile reactions, provide feedback and mentoring; monitoring reactions to grievances, interventions, and precipitating events; making referrals to the IEP team for assistance and support services, including but not limited to: academic assistance or accommodations, social skills training, restorative approaches including peer mediation, restorative chats, etc.; providing peer coaching/mentoring; providing school-based counseling services; and/or providing individual counseling referrals for outpatient counseling/mental health care.

Updates regarding the case are to be documented and monitored until the case is resolved and the student is no longer assessed to pose a threat to the school or its staff or students.

2. The Behavior Threat Assessment Team may inform potential victim(s) of the threat. The Case Management Plan will identify actions that will support potential victim(s) of the threat or students impacted by the threat. Examples of such actions may include, but are not limited to: offering brief supportive counseling; school-based staff to monitor students who were the victim at regular intervals, etc.

NOTE: The Behavior Threat Assessment team leader (CEPO/designee) should complete Attachment E and inform responsible parties of student support and provide oversight until the Behavior Threat Assessment Team determines it is no longer an active case.

E. Student Discipline

1. Regardless of threat assessment activities, disciplinary action should be taken in accordance with MSD's Student Code of Conduct. How suspension or expulsion from school might affect the Team's ability to monitor the student should be considered when making a decision about the appropriate disciplinary level. Removing a student from school does not eliminate the risk to the school community or the need to develop a case management plan to support the student, as appropriate. (MMP)

2. If a student must be suspended or expelled, the Behavior Threat Assessment Team should develop strategies to stay connected to the student's family and the student, to determine whether the student's situation is deteriorating or the behaviors of concern are escalating so that they can respond. (MMP)

NOTE: The Behavior Threat Assessment team leader (CEPO/designee) should complete Attachment C — Response, Management, and Support Plan prior to student's return to school.

F. Employers

1. Upon receipt of information indicating that the employee has demonstrated threatening behavior, the CEPO or supervisor will conduct an initial inquiry to make a determination of the seriousness of the threat as expeditiously as possible.

Other actions may include:

a. In consultation with law enforcement (SRO), consult timely and thorough interviews, as necessary, of the person(s) who reported the threat, the recipient(s) or target(s) of the threat and other witnesses to determine the seriousness and validity of the threat.

b. Review the employee's employment history to see if this behavior has been reported previously or if the employee has received previous disciplinary actions related to inappropriate behavior.

c. Complete an Observed Behavior Checklist (Attachment D) on the employee to document any questionable behavior.

d. Request for law enforcement (SRO) to conduct an investigation.

e. In limited circumstances, require the employee to undergo an Independent Medical Evaluation (IME) or to request the employee to provide medical/mental health information.

f. Recommend that the employee contact the Employee Assistance Program.

2. Imminent Risk Threat by an Employee

a. If the employee appears to pose an imminent threat of serious violence to themselves or to others, the CEPO/supervisor is required to call 911 immediately and then notify MSD's ELRO.

b. The local police department and/or SRO are responsible for conducting an investigation.

c. In accordance with the Maryland State Department of Education's Emergency Planning Guidelines for Local School Systems and Schools (December 2019), school responses may include actions such as evacuation, lockdown, and shelter-in-place.

d. In accordance with MSD Employee Handbook, the ELRO shall place the employee on administrative leave when the allegation involves a physical altercation, similar incident of a serious nature, pending criminal charge, an allegation of a sexual or discriminatory nature, or incident that causes concern for the safety of students, coworkers, and/or other individuals.

e. Depending on the actual threat, actions by the employee, causes of concern for the safety of students, coworkers, and/or other individuals, possible injuries to others resulting from the threat, and results of the investigation(s), a due process hearing may be conducted by MSD's ELRO.

f. Within 24 hours of a determination, the CEPO/supervisor is required to adequately document the incident.

3. Moderate to High Risk Threat by an Employee

a. If the employee appears to pose a moderate to high risk threat of serious violence to themselves or to others in the school, the CEPO/supervisor is required to call 911 immediately and then notify MSD's ELRO.

b. The local police department and/or SRO is responsible for conducting an investigation.

c. In accordance with MSD Employee Handbook, the employee may be placed on administrative leave or a limited alternative placement when the allegation involves a physical altercation, similar incident of a serious nature, pending criminal charge, an allegation of a sexual or discriminatory nature, or incident that causes concern for the safety of students, coworkers, and/or other individuals.

d. Depending on the actual threat, actions by the employee, causes of concern for the safety of students, coworkers, and/or other individuals, possible injuries to others resulting from the threat, and results of the investigation(s), a due process hearing may be conducted by MSD's ELRO.

e. Within 24 hours of a determination, the CEPO/supervisor is required to adequately document the incident.

4. Low to No Risk Threat by an Employee

a. The CEPO/supervisor may provide a corrective action, including a Letter of Counsel.

b. The CEPO/supervisor may recommend the Employee Assistance Program to the employee.

c. The CEPO/supervisor may provide disciplinary action consisting of a Letter of Reprimand.

d. Depending on the facts of the case, the CEPO/supervisor may contact MSD's ELRO.

e. Within 24 hours of a determination, the CEPO/supervisor is required to adequately document the incident.

G. Communication with Media and the Community

The CEPO or designee should coordinate with the Director of Public Relations and MSD's superintendent. No one should speak with the press without approval from MSD's Superintendent.

V. Monitoring and Compliance

A. CEPO/designee will maintain a list of team members and a record of the training team members, staff and students have received annually.

B. CEPO/designee will be responsible for ensuring that information about threats occurring in their buildings are documented within 24 hours following an incident. The Office of Compliance will randomly audit files to ensure that information has been accurately captured about all threats occurring at MSD.

C. Case Management Plans will be monitored on a monthly basis by the mental health providers on the team. The Office of Compliance will randomly audit Case Management Plans to ensure consistent follow-through with students who made a threat and/or students who were the subject of a threat.

D. The Health and Safety Officer/designee will randomly check buildings throughout the school year to ensure that all MSD buildings have displayed posters with MCSS School Safety Tip Line contact information in multiple locations and share written and electronic resources with their parents and school community.

VI. Attachments

Attachment A — Student Interview Questions / Interview Questions (Pre-Kindergarten through Second Grade)

Attachment B — Student Threat Assessment and Response Form

Attachment C — Response, Management, and Support Plan / Case Management Plan Addendum to Case Management Plan

Attachment D — Employee Observed Behavior Checklist

Attachment E — Behavior Threat Assessment Process Flow Chart

VII. Legal References

Family Educational Rights and Privacy Act (FERPA), 20 U.S.C.§1232g. 34 CFR Part 99

Protection of Pupil Rights Amendment (PPRA), 20, U.S.C.§1232h, 34 CFF Part 98

Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §1400

Annotated Code of Maryland, Education Article §4-131; Md. Education Code Ann. §4-131

Maryland Safe to Learn Act, Annotated Code of Maryland, Education Article, §7-1501 et. seq. Md. Education Code Ann. §7-1501