R 2419  SCHOOL THREAT ASSESSMENT TEAMS
A.    	Definitions
	1.     	“Aberrant behavior” means behavior atypical for the person or situation and 			causes concern for the safety or well-being of those involved.  Aberrant behavior 			for an individual involves actions, statements, communications, or responses that 			are unusual for the person or situation; or actions which could lead to violence 			toward self or others; or are reasonably perceived as threatening or causing 			concern for the well-being of the person.
	2.     	“Behavioral Threat Assessment and Management (BTAM)” means a proactive 			approach to identify, assess, and provide appropriate interventions and resources 			for individuals who display a behavior that elicits concern for the safety of 			themselves or others.  (U.S. Secret Service National Threat Assessment Center.)
	3.     	“Concerning behavior” means an observable behavior that elicits concerns in 			bystanders regarding the safety of an individual or those around them.  Behaviors 		that may elicit concern can include unusual interests in violent topics, conflicts 			between classmates, increased anger, increased substance use, or other 				noteworthy changes in behavior (e.g., depression or withdrawal from social 			activities).  Some concerning behaviors may be defined as prohibited behaviors 			and should trigger an immediate response.  Prohibited behaviors can include 			threats, weapons violations, and other aggressive or violent behavior.  				Concerning behavior does not necessarily imply or predict that an individual or 			group will become violent.  Instead, it serves as an indicator that the student may 			be in need of intervention or increased supports.  Proactive intervention and 			de-escalation are key and should be part of any approach to violence prevention.
	4.     	“Concerning communication” means unusual, bizarre, threatening, or violent 			communication made by an individual or a group that elicit concerns for the 			safety or wellbeing of the individual or others.  Concerning communication may 			allude to violent intentions, violence as a means to solve a problem, justifying 			violent acts, unusual interest in weapons, personal grievances, or other 				inappropriate interests.  Concerning communications may also allude to 				hopelessness or suicide.  Concerning communications may be made in the form 			of written or oral statements, gestures, or visual/electronic media.  				Communications may be considered concerning regardless of whether a direct 			verbal threat is expressed.  Concerning communication does not necessarily 			imply or predict that an individual or group will become violent.  Instead, it 			serves as an indicator that the student may be in need of intervention or increased 		supports.  Proactive intervention and de-escalation are key and should be part of 			any approach to violence prevention.
	5.     	“Multidisciplinary Threat Assessment Team” means a team composed of highly 			trained school personnel with diverse positions, backgrounds, and experience.  			The team will receive reports about a concerning person and situations, gather 			additional information, assess the risk posed to the community, and develop 			intervention and management strategies to mitigate any risk of harm.
	6.     	“Targeted violence” means a premeditated act of violence directed at a specific 			individual, group, or location regardless of motivation and generally unrelated to 			other criminal activity.
B.    	Multidisciplinary Threat Assessment Team
	1.     	Threat Assessment Team Members
		a.     	In accordance with N.J.S.A. 18A:17-43.4, the threat assessment team 				established by the Board of Education shall be multidisciplinary in 				membership and, to the extent possible, must include the following 				individuals:
			(1)    	A Principal or other senior school administrator;
			(2)    	A school psychologist, school counselor, school social worker, or 				other school employee with expertise in student counseling;
			(3)    	A safe-schools resource officer or school employee who serves 					as a school liaison to law enforcement;
			(4)    	The school safety specialist (designated pursuant to N.J.S.A. 					18A:17-43.3); and
			(5)    	A teaching staff member.
		b.     	Additional school employees may serve as regular 						members of the threat assessment team or may be consulted during 				the threat assessment process, as determined to be appropriate by the 				team.  If a student has an Individualized Education Program (IEP), 504 				plan, and/or functional behavioral assessment (FBA) plan, the threat 				assessment team must consult with the appropriate staff or team to 				determine whether the reported behavior is already part of known 				baseline behavior or is already being managed under the student’s IEP, 				504 plan, or FBA plan and addressed in a manner that is required by 				N.J.A.C. 6A:14 and all other Federal and State special education laws.
		c.     	The district may choose to name the threat assessment team in a manner 				that suits the school community needs.
	2.     	Threat Assessment Team Structure
		a.     	The district can structure the threat assessment teams to best meet the 				needs and resources available.  This may include:
			(1)    	School-Based Teams:  The district may opt to develop teams for 					each school comprised of those members fulfilling the assigned 					roles identified in the law in each of its schools.
			(2)    	District-Level Team:  The district may choose to develop one 					central team designated to serve each school in cases where 					staffing at individual schools is not sufficient to meet the 					membership requirements of the law.  In such cases, the district 					may choose to operate smaller teams trained in the threat 					assessment process in each school, which can screen cases to 					determine which situations to refer to the District-Level Team.  If 				the district uses this model, the district must ensure 						representation of those staff members from the involved school 					as identified by the law to the fullest extent possible when 					conducting an assessment.
			(3)    	District-Level Team and School-Based Teams:  The district may 					have one central team that provides oversight, consistency, and 					accountability for all threat assessment processes including 					threats impacting the entire district.  School-Based Teams 					address cases in each school building, while ensuring all 						information is shared with the District-Level Team.
C.    	Building a K-12 Behavioral Threat Assessment and Management Program
	The district shall implement the following steps in developing a Behavioral Threat 		Assessment and Management Program.
	1.     	Step 1:  Establish a Multidisciplinary Team
		a.     	Identify team membership pursuant to N.J.S.A. 18A:17-3.4.
		b.     	Designate a team leader.
		c.     	Establish team procedures and protocols.
		d.     	Meet on a regular basis and as needed.
	2.     	Step 2:  Define Prohibited and Concerning Behaviors
		a.     	Establish policy defining prohibited behaviors
			(1)    	These definitions should be included in the code of student 					conduct policy and shared with staff, parents, and students.
		b.     	Identify other behaviors for screening or intervention.
		c.     	Define threshold for intervention.
			(1)    	The threshold should be relatively low so that teams can identify 					individuals in distress before the behavior escalates into a violent 				behavior.
	3.     	Step 3:  Create a Central Reporting Mechanism
		a.     	Establish one or more anonymous reporting mechanisms.
			(1)    	Examples include a mobile application, a dedicated email 					address or phone number, or on the district website.
		b.     	Provide training and guidance to encourage reporting.
			(1)    	Students, teachers, staff, school resource officers, and parents 					should be provided awareness training and guidance on 						recognizing behaviors of concern, their roles and responsibilities 					in reporting the behavior, and how to report the information.
		c.     	Ensure availability to respond.
		d.     	Utilize an Initial Report to collect the threat, concerning behavior, etc.
	4.     	Step 4:  Define Threshold for Law Enforcement Intervention
		a.     	Most reports can be handled by the School-Based Team.
		b.     	Establish which behaviors should be referred for law enforcement 				intervention (e.g., physical violence, threats of violence, etc.).
	5.     	Step 5:  Establish Threat Assessment Procedures
		a.     	Decide how to document cases.
		b.     	Create procedures to screen reports, gather information, make 					assessments, and decide on interventions.
		c.     	Develop/adapt threat assessment forms to organize information around 				the 11 Investigative Questions referenced in D.4. below.
	6.     	Step 6:  Develop Risk Management Options
		a.     	Identify all available resources for creating individualized management 				plans.
			(1)    	The resources and supports the student needs will differ 						depending on the information gathered during the assessment.
			(2)    	Resources to assist the student could take the form of peer 					support programs or therapeutic counseling to enhance social 					learning or emotional competency, life skills classes, tutoring in 					specific academic subjects, or mental health care.  Most 						programs and supports will be available within the school, but 					the team may need to also access community resources to assist 					with the managing the student.  Identify resources to assist 					targets/victims.
			(3)    	Make efforts to address the safety of any potential targets by 					altering or improving security procedures for schools or 						individuals and providing guidance on how to avoid the 						concerning person.
		b.     	Establish points of contact for all resources.
	7.     	Step 7:  Create and Promote Safe School Climates
		a.     	Assess current school climate.
			(1)    	Anti-Bullying Bill of Rights Act (N.J.S.A.    18A:37-21) requires 				the school safety team in each school in the district “…to 					develop, foster, and maintain a positive school climate by 					focusing on the ongoing, systemic process and practices in the 					school and to address school climate issues…” and to “review 					and strengthen school climate and the policies of the school.
		b.     	Enhance current school climate.
		c.     	Strengthen students’ connectedness.
			(1)    	Encourage teachers and staff to build positive, trusting 						relationships with students by actively listening to students and 					taking an interest in what students say.
		d.     	Break down “codes of silence” and help students feel empowered to 				come forward and share concerns and problems with a trusted adult.
		e.     	Identify clubs or teams at school students can join or encourage students 				to start their own special interest group.
	8.     	Step 8:  Conduct Training for all Stakeholders
		a.     	The training is for new threat assessment team members, refresher 				training, and professional development.  This includes training on the 				screening and threat assessment forms and procedures.
		b.     	Training must be coordinated with the New Jersey Department of 				Education (NJDOE), Office of School Preparedness and Emergency 				Planning (OSPEP) to ensure that the threat assessment team is able to 				accurately assess student behavior and to ensure that threat assessment 				teams do not have a disparate impact on students based on their race, 				ethnicity, homelessness status, religious belief, gender, gender identity, 				sexual orientation, or socioeconomic status.  This training includes 				training on adverse childhood experiences, childhood trauma, cultural 				competency, and implicit bias.
		c.     	Awareness training for students, teaching staff members, and all school 				staff members regarding the recognition of concerning or aberrant 				behavior in an individual that may represent a threat to the school 				community.
			(1)    	Requests for awareness training can be coordinated by the 					district’s School Safety Specialists through the OSPEP.
		d.     	Training for parents and other community stakeholders to anonymously 				report dangerous, violent, or unlawful activity to the district or school.
D.    	Threat Assessment and Management Process
	The district shall implement the following steps in the threat assessment and management 	process.
	1.     	Step 1:  Receive a Report of Concern
		a.     	When the threat assessment team first learns of a new report of a threat 				or aberrant or concerning behavior, the team (or one member of the 				team) should collect initial intake information about the behavior, the 				concerning person (i.e., the person who engaged in the threatening 				behavior; the person to be assessed), and other information that is readily 			available.
	2.     	Step 2:  Screen the Case
		a.     	Screen for imminency (of the threat or concerning behavior) and whether 			there is a need for a full threat assessment.
			(1)    	If the threat assessment team believes the report does present an 					imminent danger or safety concern, immediately notify law 					enforcement.  Once the emergency has been contained, the team 					should complete a full threat assessment and make all necessary 					notifications (i.e., anyone that is or may be directly impacted).
		b.     	If the team does not believe the report presents an imminent danger or 				safety concern, determine if there is a need for full threat assessment.  If 				not, document the initial report and screening.
		c.     	If there is a need for a threat assessment, the team shall proceed with a 				full threat assessment using the steps outlined in D.3. through 8. Below.
		d.     	The district’s Title IX Coordinator must be notified immediately if a 				report involves sexual harassment, sexual assault, dating violence, 				stalking, or a domestic violence assault, or if engagement in these actions 			is uncovered when gathering additional information during the threat 				assessment process.  Notifying the district’s Title IX Coordinator is 				completed parallel to the threat assessment process and does not stop a 				team from moving forward with gathering information and initiating risk 				management strategies.
	3.     	Step 3:  Gather Information from Multiple Sources
		a.     	Gather information about the person displaying the concerning behavior 				and situation from various sources.  These sources can include, but are 				not limited to, teachers, coaches, parents, and peers.
	4.     	Step 4:  Organize and Analyze
		a.     	Organize and analyze information using the 11 Investigative Questions 				detailed in the U.S. Secret Service and U.S. Department of Education 				threat assessment guide.  The form is comprised of 11 investigative 				questions adapted from the U.S. Secret Services and U.S. Department of 				Education Threat Assessment in Schools: A Guide to Managing 					Threatening Situations and to Creating Safe School Climates and can be 				found at www.secretservice.gov/nod/2559.
	5.     	Step 5:  Make the Assessment
		a.     	Make an assessment about whether the individual of concern poses a 				threat of violence or self-harm, or if they are otherwise in need of 				intervention.
	6.     	Step 6:  Develop and Implement a Case Management/Intervention Plan
		a.     	Develop and implement a case management plan to reduce risk.
		b.     	As needed, refer individual of concern to the local mental health 					authority or healthcare provider for evaluation and/or treatment.
		c.     	As needed, refer individual of concern for a full and individual 					evaluation (FIE) for special education services.
	7.     	Step 7:  Re-Assess (Case Monitoring)
		a.     	Monitor, re-evaluate, and modify plan as needed to ensure that the 				identified intervention(s) is effective, and the individual of concern no 				longer poses a threat of violence or self-harm.
		b.     	Re-assessing the person of concern, going through the assessment 				questions again.
		c.     	If there are still concerns, the team shall continue to monitor, adjust plan, 				and re-assess as needed until there is no longer a concern of harm to self 				and/or others, and the individual is on a better path.
	8.     	Step 8:  Document and Close the Case
		a.     	When the team’s assessment is that the concerning person no longer 				poses a threat of violence or self-harm, the team can close the case or 				place it on the in-active status.
		b.     	The threat assessment team should be sure to document the case, 					including scheduling any future dates to check-in or follow-up, as 				needed.
		c.     	The documentation should be stored in a confidential file, with only 				authorized personnel having access.
E.     	Training
	1.     	Each member of the threat assessment team must attend training in accordance 			with N.J.S.A. 18A:17-43.4.  The district may also choose to provide awareness 			training to school community members on the threat assessment process.  The 			awareness training is also outlined as part of one of the steps of the Building a 			K-12 Behavior Threat Assessment and Management Program.
	2.     	Threat assessment team membership:
		a.     	In accordance with N.J.S.A. 18A:17-43.4, the NJDOE shall provide 				training through the New Jersey School Safety Specialist Academy.  All 				threat assessment team members must receive training consistent with 				the training and guidelines provided by the NJDOE.  The school safety 				specialist, is a member of the threat assessment team and will assist in 				ensuring this training is provided to school staff in coordination with 				OSPEP.
		b.     	Each new threat assessment team member must complete training by the 				OSPEP, which shall include training sessions as instructed by 					Ontic/SIGMA as part of the Bureau of Justice Assistance (BJA) STOP 				School Violence Grant Program.
		c.     	The district shall determine membership on the threat assessment team in 			accordance with N.J.S.A. 18A:17-43.4, including adding and ensuring 				the training of new members, as needed.  The district must ensure all 				threat assessment team members attend the required initial training and 				refresher training provided by OSPEP to advance their competency in 				conducting assessments.
			(1)    	These trainings will be offered through the OSPEP for both in 					person and online platforms.
			(2)   	Refresher training will be developed and facilitated by the 					OSPEP and will be made available through in-person and online 					platforms, as necessary.
	3.     	Awareness Training for Other School Community Stakeholders
		a.     	Request for awareness training for school staff members should be 				directed to the OSPEP email at school.security@doe.nj.gov, which will 				provide training or coordinate sessions with approved instructors from 				the U.S. Department of Homeland Security National Threat Evaluation 				and Reporting Office’s Certified Master Training Program.
F.     	Other Considerations
	1.     	Individualized Education Program (IEP) or 504 Plans
		a.     	The district is required by law to meet the needs of students with special 				needs, who are afforded disciplinary protections not provided to the 				general education population, to reduce exclusionary practices for special 			education students.  When assessing a student whose behavior may pose 				a threat to the safety of the school community, in the case of a student 				with an IEP or 504 plan, the threat assessment team shall consult with the 			IEP team or 504 team to determine whether the aberrant or concerning 				behavior is a threat to school safety and is being properly addressed in a 				manner that is required by N.J.A.C. 6A:14 and all Federal and State 				special education laws.  Working with the IEP team or 504 team, the 				threat assessment team shall determine if the behavior is part of known 				baseline behavior, or is already being managed under the student’s IEP, 				504 plan, or FBA plan.  If the behavior is not consistent with baseline 				behaviors or is not able to be effectively managed through current 				programming, then a threat assessment would need to be conducted.  A 				special education representative must be part of the team and shall 				engage throughout the process.
	2.     	Allegations of Harassment, Intimidation, & Bullying (HIB) or  Bias-Related Acts
		a.     	Should the threat assessment team become aware of an allegation of HIB 			when considering or conducting assessments, they must follow Policy 				5512 for addressing allegations of HIB in alignment with the 					Anti-Bullying Bill of Rights Act.  Additionally, during the threat 					assessment process, it is important to recognize that the student may need 			remedial services (e.g., counseling) to address behavior that may have 				prompted the need for the threat assessment and to ensure their 					well-being.
		b.     	Should a threat assessment team become aware of a       bias-related act, 				they should implement Policy and Regulation 8465 on reporting 					bias-related acts to law enforcement in accordance with the 					Memorandum of Agreement Between Education and Law Enforcement 				Officials and Policy and Regulation 9320.
	3.     	Information Sharing
		a.     	The Family Educational Rights and Privacy Act (FERPA) and the Health 			Insurance Portability and Accountability Act (HIPAA) are two Federal 				laws protecting the privacy of an individual’s personal records.  FERPA 				refers specifically to educational records while HIPAA refers to medical 				records.  Questions and concerns about FERPA and/or the HIPAA 				protections often arise as part of the threat assessment planning process.  				It is critical that threat assessment teams understand how to balance the 				safety of the school with the privacy of individual students.  These laws 				should not be an impediment to threat assessment and management.
		b.     	Threat assessment teams should consult with the Board Attorney on 				these elements as needed.
	4.     	Family Education Rights & Privacy Act (FERPA) – Educational Records
		a.     	FERPA is a Federal law that protects the privacy of student education 				records.  FERPA does, however, authorize school officials to disclose 				information without consent in emergency situations where the health 				and/or safety of students is at risk.  Relevant information can be released 				to law enforcement, public health, and medical officials, as well as other 				schools in the event a student transfers or matriculates.  The U.S. 				Department of Education would not find a school in violation of FERPA 				for disclosing  FERPA-protected information under the health or safety 				exception as long as the school had a rational basis, based on the 					information available at the time, for making its determination that there 				was an articulable and significant threat to the health or safety of the 				student or other individuals.
	5.     	Health Insurance Portability and Accountability Act (HIPAA) – Medical and 			Mental Health Records
		a.     	HIPAA protects the confidentiality of information in health records.  				Confidentiality is held by the patient, not the mental health provider.  In 				cases where HIPAA applies, the following strategies below may assist 				threat assessment teams in eliminating potential barriers to critical data 				collection:
			(1)    	Ask permission from the student and parent to disclose medical 					records;
			(2)    	Provide information to health and mental professionals; and
			(3)    	Ask about duty to warn or duty to protect.
		b.     	Additionally, medical and mental health providers may disclose protected 			health information when disclosure:
			(1)    	Is necessary to prevent or lessen a serious and imminent threat to 				health or safety of patient or others and is to someone reasonably 				able to prevent or lessen the threat; and
			(2)    	May include disclosure to law enforcement, or others who can 					mitigate the threat and disclosure must be consistent with 					applicable law and standards of ethical conduct.
	6.     	Record Keeping
		All documentation from the threat assessment process must be maintained in a 			confidential and secure location.  Maintaining records and preserving evidence 			throughout the process, assists in the establishment of a legal and behavioral 			justification for the intervention.  Records may be electronic or paper and must 			be maintained in accordance with record retention rules established by the 			Department of Treasury.

First Reading:  November 28, 2023
Adopted: December 19, 2023