LAWS
1001.212. Office of safe schools. .
There is created in the Department of Education the Office of Safe Schools. The office is fully accountable to the Commissioner of Education. The office shall serve as a central repository for best practices, training standards, and compliance oversight in all matters regarding school safety and security, including prevention efforts, intervention efforts, and emergency preparedness planning. The office shall:
(12) By August 1, 2019, develop a standardized, statewide behavioral threat assessment instrument for use by all public schools, including charter schools, which addresses early identification, evaluation, early intervention, and student support.
(a) The standardized, statewide behavioral threat assessment instrument must include, but need not be limited to, components and forms that address:
1. An assessment of the threat, which includes an assessment of the student, family, and school and social dynamics.
2. An evaluation to determine if the threat is transient or substantive.
3. The response to a substantive threat, which includes the school response and the role of law enforcement agencies.
4. The response to a serious substantive threat, including mental health and law enforcement referrals.
5. Ongoing monitoring to assess implementation of safety strategies.
6. Training for members of threat assessment teams established under s. 1006.07(7) and school administrators regarding the use of the instrument.
1. By August 1, 2020, evaluate each school district's and charter school governing board's behavioral threat assessment procedures for compliance with this subsection.
2. Notify the district school superintendent or charter school governing board, as applicable, if the behavioral threat assessment is not in compliance with this subsection.
3. Report any issues of ongoing noncompliance with this subsection to the commissioner and the district school superintendent or the charter school governing board, as applicable.
(13) Establish the Statewide Threat Assessment Database Workgroup, composed of members appointed by the department, to complement the work of the department and the Department of Law Enforcement associated with the centralized integrated data repository and data analytics resources initiative and make recommendations regarding the development of a statewide threat assessment database. The database must allow authorized public school personnel to enter information related to any threat assessment conducted at their respective schools using the instrument developed by the office pursuant to subsection (12), and must provide such information to authorized personnel in each school district and public school and to appropriate stakeholders. By December 31, 2019, the workgroup shall provide a report to the office with recommendations that include, but need not be limited to:
(a) Threat assessment data that should be required to be entered into the database.
(b) School district and public school personnel who should be allowed to input student records to the database and view such records.
(c) Database design and functionality, to include data security.
(d) Restrictions and authorities on information sharing, including:
1. Section 1002.22 and other applicable state laws.
2. The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, 42 C.F.R. part 2; the Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. s. 1320d6, 45 C.F.R. part 164, subpart E; and other applicable federal laws.
3. The appropriateness of interagency agreements that will allow law enforcement to view database records.
(e) The cost to develop and maintain a statewide online database.
(f) An implementation plan and timeline for the workgroup recommendations.
1006.07. District school board duties relating to student discipline and school safety.
The district school board shall provide for the proper accounting for all students, for the attendance and control of students at school, and for proper attention to health, safety, and other matters relating to the welfare of students, including:
(7) Threat assessment teams.–Each district school board shall adopt policies for the establishment of threat assessment teams at each school whose duties include the coordination of resources and assessment and intervention with individuals whose behavior may pose a threat to the safety of school staff or students consistent with the model policies developed by the Office of Safe Schools. Such policies must include procedures for referrals to mental health services identified by the school district pursuant to s. 1012.584(4), when appropriate, and procedures for behavioral threat assessments in compliance with the instrument developed pursuant to s. 1001.212(12).
(a) A threat assessment team shall include persons with expertise in counseling, instruction, school administration, and law enforcement. All members of the threat assessment team must be involved in the threat assessment process and final decisionmaking. The threat assessment teams shall identify members of the school community to whom threatening behavior should be reported and provide guidance to students, faculty, and staff regarding recognition of threatening or aberrant behavior that may represent a threat to the community, school, or self. Upon the availability of the behavioral threat assessment instrument developed pursuant to s. 1001.212(12), the threat assessment team shall use that instrument.
(b) Upon a preliminary determination that a student poses a threat of violence or physical harm to himself or herself or others, a threat assessment team shall immediately report its determination to the superintendent or his or her designee. The superintendent or his or her designee shall immediately attempt to notify the student's parent or legal guardian. Nothing in this subsection shall preclude school district personnel from acting immediately to address an imminent threat.
(c) Upon a preliminary determination by the threat assessment team that a student poses a threat of violence to himself or herself or others or exhibits significantly disruptive behavior or need for assistance, authorized members of the threat assessment team may obtain criminal history record information pursuant to s. 985.04(1). A member of a threat assessment team may not disclose any criminal history record information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which such disclosure was made to the threat assessment team.
(d) Notwithstanding any other provision of law, all state and local agencies and programs that provide services to students experiencing or at risk of an emotional disturbance or a mental illness, including the school districts, school personnel, state and local law enforcement agencies, the Department of Juvenile Justice, the Department of Children and Families, the Department of Health, the Agency for Health Care Administration, the Agency for Persons with Disabilities, the Department of Education, the Statewide Guardian Ad Litem Office, and any service or support provider contracting with such agencies, may share with each other records or information that are confidential or exempt from disclosure under chapter 119 if the records or information are reasonably necessary to ensure access to appropriate services for the student or to ensure the safety of the student or others. All such state and local agencies and programs shall communicate, collaborate, and coordinate efforts to serve such students.
(e) If an immediate mental health or substance abuse crisis is suspected, school personnel shall follow policies established by the threat assessment team to engage behavioral health crisis resources. Behavioral health crisis resources, including, but not limited to, mobile crisis teams and school resource officers trained in crisis intervention, shall provide emergency intervention and assessment, make recommendations, and refer the student for appropriate services. Onsite school personnel shall report all such situations and actions taken to the threat assessment team, which shall contact the other agencies involved with the student and any known service providers to share information and coordinate any necessary followup actions. Upon the student's transfer to a different school, the threat assessment team shall verify that any intervention services provided to the student remain in place until the threat assessment team of the receiving school independently determines the need for intervention services.
(f) Each threat assessment team established pursuant to this subsection shall report quantitative data on its activities to the Office of Safe Schools in accordance with guidance from the office and shall utilize the threat assessment database developed pursuant to s. 1001.212(13) upon the availability of the database.
1006.13. Policy of zero tolerance for crime and victimization.
(1) District school boards shall promote a safe and supportive learning environment in schools by protecting students and staff from conduct that poses a threat to school safety. A threat assessment team may use alternatives to expulsion or referral to law enforcement agencies to address disruptive behavior through restitution, civil citation, teen court, neighborhood restorative justice, or similar programs. Zero-tolerance policies may not be rigorously applied to petty acts of misconduct. Zero-tolerance policies must apply equally to all students regardless of their economic status, race, or disability.
(2) Each district school board shall adopt a policy of zero tolerance that:
(f) Requires the threat assessment team to consult with law enforcement when a student exhibits a pattern of behavior, based upon previous acts or the severity of an act, that would pose a threat to school safety. [...]
(8) A threat assessment team may use alternatives to expulsion or referral to law enforcement agencies unless the use of such alternatives will pose a threat to school safety.
REGULATIONS
6A-1.0018. School safety requirements and monitoring.
(2) Definitions.
(a) “Active threat” means any situation that presents an immediate and ongoing danger to the safety of students, staff and visitors, such as active assailant, hostage situation, or bomb threat.
(t) “Substantive threat” means a threat where the intent to harm is either present or unclear, and requires protective action, as further defined in the CSTAG, Form CSTAG-2021.
(v) “Transient threat” means a threat where there is not a sustained intent to harm and the situation can be quickly resolved with apology, retraction, or explanation by the person who made the threat, as defined in the CSTAG, Form CSTAG-2021.
(10) Threat assessment teams.
(a) Purpose. The purpose of the threat assessment team is to establish a process focusing on behaviors that pose a threat to school safety while serving as a preventative measure to identify needs and provide support to students. This process is also known as a care assessment.
(b) Policies.
1. Each school district must adopt policies, consistent with this rule and with model policies developed by the Office, for the establishment of threat assessment teams at each school.
2. District threat assessment policies must include procedures for referrals to mental health services identified by the school district pursuant to Section 1012.584(4), F.S.
(c) Composition. Each school’s threat assessment team must include persons with expertise in counseling, instruction, school administration, and law enforcement, as provided in Section 1006.07(7)(a), F.S.
1. The counseling team member must be a school-based mental health services provider that is able to access student mental health records.
2. The law enforcement team member must be a sworn law enforcement officer, as defined by Section 943.10(1), F.S., including a School Resource Office, school-safety officer, or other active law enforcement officer. At a minimum, a law enforcement officer serving on a threat assessment team must have access to local Records Management System information, the Criminal Justice Information System, and the Florida Crime Information Center and National Crime Information Center databases. Officers serving on school-based threat assessment teams must also have clearance to review Criminal Justice Information and Criminal History Record Information.
3. A school guardian, as defined under Section 1006.12(3), F.S., or a school security guard, as defined under Section 1006.12(4), F.S., may not serve as the law enforcement member of a threat assessment team.
(d) Instrument. Each school-based threat assessment team must use the Comprehensive School Threat Assessment Guidelines (CSTAG) model to assess the behavior of persons who may pose a threat to school staff or students and to coordinate intervention and services for such persons. All reported threats, even those determined not to be a threat, must be documented by the threat assessment team. Documentation must include the evaluation process and any resultant action.
(e) Training. All threat assessment team members must be trained on the CSTAG model. For assistance in accessing this training, districts must contact the Office in writing at SafeSchools@fldoe.org.
1. For the 2021-22 school year, each member of a threat assessment team must complete Office-approved training on the CSTAG model no later than December 31, 2021.
2. Beginning with the 2022-23 school year, threat assessment teams at each school must be fully staffed and all team members must complete CSTAG training before the start of the school year. Those appointed to threat assessment teams after the start of the school year must complete CSTAG training within ninety (90) days of appointment.
(f) Meetings. Each school-based threat assessment team must meet as often as needed to fulfill its duties of assessing and intervening with persons whose behavior may pose a threat to school staff or students, but no less than monthly. Districts must adopt policies requiring threat assessment teams to maintain documentation of their meetings, including meeting dates and times, team members in attendance, cases discussed, and actions taken.
(g) Reporting. Each district must ensure that all threat assessment teams in the district report to the Office on the team’s activities during the previous school year. The district school safety specialist must ensure all schools in the district timely report information required by this paragraph. Information described below is due by October 1 and must be reported using the FSSAT:
1. For the 2021-22 school year, the total number of threat assessments conducted, the number of transient threats, and the number of substantive threats.
2. Beginning in the 2022- 23 school year, the information required by subparagraph (10)(g)1. and the gender, race, and grade level of all students assessed by the threat assessment team.
(h) Notification to Parents.
1. Each district must establish policies to provide notification to parents of threats and unlawful acts or significant emergencies as defined in Section 1006.07(4)(b), F.S., that occur on school grounds, during school transportation, or during school-sponsored activities.
2. District policies must address the timing, content, scope, and manner of notification, circumstances when law enforcement must be consulted, and the person or entity with responsibility for parental notification, and involvement of the threat assessment team. In making these determinations, district policies must take into consideration the nature of the reported threat or incident, whether the threat or incident is ongoing or resolved, whether the threat is transient or substantive, and whether there is an imminent threat of harm to students and the campus community.
3. In the case of an imminent threat of harm to students, including an active assailant incident or hostage situation, notification to parents must be made as soon as practicable. Such notification should be made in consultation with local law enforcement and first responders in order to avoid compromising the safety of students and the efficacy of the emergency response and investigation.
4. In determining the content of notifications to parents, districts must consider including specific information about the threat or incident necessary to inform parents and safeguard the community as determined by the threat assessment team, or other person or entity responsible for parent notification. Such information may include the date and time of the incident, the location and nature of the threat or incident, how and whether the threat or incident was resolved, a description of the suspect (where applicable), crime prevention and safety tips, and crime and threat reporting information.
5. Notifications must be made in accordance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s. 1232g, 34 C.F.R. Part 99, and Section 1002.22, F.S.
