Thursday, October 3, 2024

Threat Assessment and FERPA Implications

During the 2023 legislative session, the Iowa General Assembly passed a law requiring school districts to develop policies outlining the procedures a school will follow when disciplining students who make threats of violence or cause acts of violence. Our local policy was adopted by the board on November 15, 2023; not quite one year ago. In January of 2024, administrative regulation 503.8R1 was adopted, which defines the severity of the threat and provides guidance for how discipline may be imposed depending on the nature of the threat.

Additionally, a key component of the law [and of our policy] includes a provision for parental notification. This notification is required to be made to the parents of the student who made the threat, and all the parents of the students who were targets of that threat. This notification is required within 24 hours of the threat. Ergo the reason the provisions outlined in those policies were enacted last week. 

As you certainly are aware, last week we had to provide that notice to you on two separate occasions. I am certain when you received that message from the school it created numerous emotional responses. Your anxiety probably increased. Perhaps your palms became sweaty. Maybe you noted an increase in your heart rate. I know this because I had the exact same response. The difference though, is that once the issue was resolved and concluded, I had answers. Whenever these things happen, most of the time you do not. I am sure you have questions. The fact those answers are not forthcoming is probably both unsatisfying and perhaps even unsettling. 

I'm guessing you already know the reason why, but I'll state it again anyway. Any investigative notes, disciplinary sanctions, and the identities of students involved in a disciplinary investigation is confidential as a matter of federal law. Have you all heard of HIPPA, the federal law that makes your health records private? The educational equivalent is known as FERPA. The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the educational records. In other words, unless a parent or guardian gives permission, those records remain sealed. 

This is precisely why I can't provide you the answers that you may be seeking whenever issues like this arise. But, perhaps I can give you a bit of insight into how these events unfold. I can share with you the protocols that go into effect whenever a threatening report is made similar to what we experienced last week. In some respects, I can give you a peak behind the curtain. An opportunity to see what goes on behind closed doors when these events are happening. 

Immediately the senior administrative cabinet is assembled. Simultaneously, the team is gathering information to determine whether or not a threat is imminent. Where one administrator is interviewing witnesses, another is coordinating with law enforcement. While that is going on, initial contacts are being made to parents of the students who are involved. Another administrator is fielding phone calls. Collectively, between and during all of this, drafts of statements are being prepared and edited while more information is gathered. Everyone in the room maintains a close eye on the clock, because time is not on our side. We have to act, and we have to act quickly. 

This literally occurs within the first moments of the report. Running along both a concurrent and parallel track, an investigation is launched to understand better what the threat was, who made the threat, and who it was directed toward. Our local police department are key partners in this work and we lean heavily on their expertise. All while this is occurring, we are diligently preparing communication to you, our families. While the law affords us a 24 hour window, our goal is to have our initial statement in your hands within 20 minutes. Why? Because while running an investigation that includes many witnesses with a lot of moving parts, it doesn't take long for information to begin to be disseminated that is not accurate. We feel it is important that you have accurate information from us as quickly as possible. Granted, meeting a 20 minute goal is lofty, because it does take a bit of time to understand with clarity exactly what it is we are dealing with. We want to be swift when sharing information with you. We also must be accurate, and it takes time to ensure accuracy. In the first instance last week, we had communication out in about 30 minutes. In the second instance, it took roughly an hour. In neither of those instances was a threat imminent. In fact, in neither of those instances was the threat even credible. 

Let's for a moment unpack the concept 'credible'. One of the questions we oftentimes hear from our constituents when we make a determination that a threat isn't credible is, 'How do you know'? Well, we really rely on our law enforcement partners to make this determination. These professionals are trained to assess threats and determine their credibility. Even so, here are some things that are taken into consideration:

Specificity and Detail: Vague threats are often less credible than those with specific details, such as a target, time, or weapon. Implied threats can be difficult to assess, as they rely on interpretation.

Source Reliability: Known individuals who have made threats in the past are more likely to be credible. Anonymous sources should be evaluated with caution, as their identity can't be verified. Social media posts can be easily manipulated or misinterpreted, so we must consider the context and the poster's credibility. Have there been copycat incidents lately, not only locally but nationwide? Have bulletins been issued related to a practice known as 'swatting'. 

Intent and Capability: Past behavior can provide clues about a person's intentions. Has the individual shown signs of aggression, violence, or mental health issues? Access to resources can indicate their capability to carry out a threat. Do they have access to weapons or other means of causing harm?

Context and Timing: Current events or personal stressors can influence a person's behavior and the credibility of their threats. The timing of the threat can also be significant. Was it made in a moment of anger or impulsivity?

Based on an evaluation of these variables, in collaboration with our law enforcement partners, it determined these threats were not credible and posed no danger to our school community. 

The students who reported these threats absolutely did the right thing. We applaud their courage to immediately seek out a teacher and administrator. We continue to remind our students if they are concerned about a threat, it's important to report it to the appropriate authorities so they can investigate and take necessary action. All administrators and teachers in the district are trained to take these reports seriously and we are obligated to investigate them fully. 

Remember, it's always better to err on the side of caution and take any threat seriously. If you're feeling unsafe or threatened, don't hesitate to seek help from a trusted friend, family member, or professional. Safe and Sound Iowa is another great resource that can be used to report a threat.

I would encourage you to continue to please have conversations about this with your children. Remind them this is nothing to joke about. A passing comment made in jest is not an adequate defense. When determining the appropriate disciplinary sanctions to pose, our test is to determine whether or not it resulted in a substantial disruption to the learning environment. If we have to send out a district wide notification and it ends up impacting school attendance, our answer to that is always going to be 'Yes', it was a substantial disruption to the learning environment. I can promise those sanctions are severe. 

Finally I'll close with this. You can be assured that our district takes these issues incredibly seriously. Our communication protocol is swift; but not to the point of sacrificing speed for missing or inaccurate information. Threats, even those that are deemed not credible (as these clearly were) are incredibly high stress and anxiety filled evolutions that require very quick thinking. We are never granted the benefit of hindsight or the ability to make these calls from the comfort of our easy chair. Do teams like ours conduct after action reviews to evaluate our response and update protocols where appropriate? Every single time. Thank you for all you do, your support, and allowing me to share my thoughts about this topic. 


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