Current through Reg. 50, No. 060; March 26, 2024
(1) Purpose. The
purpose of this rule is to set forth requirements relating to threat
management, a process by which school districts, K-12 schools, charter school
governing boards, and charter schools identify, assess, manage, and monitor
potential and real threats to student safety.
(2) Definitions.
(a) "CSTAG" means the Comprehensive School
Threat Assessment Guidelines behavioral threat assessment instrument, Form
CSTAG-2022, which must be used for threat assessments in all public schools,
including charter schools through December 31, 2023. The CSTAG categorizes
threats as (1) transient, meaning a threat without a sustained intent to harm
that can be easily resolved by apology, retraction, or explanation; or (2)
substantive, meaning a threat where the intent to harm is either present or
unclear, and requires protective action.
(b) "Florida Harm Prevention and Threat
Management Model" or "Florida Model" means the Florida-specific behavioral
threat management process required by Section
1001.212(12),
F.S. The Florida Model consists of the Florida Threat Management Manual and the
Florida Harm Prevention and Threat Management Instrument ("Instrument"). Under
the Florida Model, threats and reports of concerning behavior or concerning
communications are categorized as having a low, medium, or high level of
concern.
(c) "School" means a
public K-12 school, including a charter school, with a Master School
Identification Number (MSID) number as provided under Rule
6A-1.0016, F.A.C., but does not
include:
1. Settings where instruction is
provided in a county jail or state prison, in a Department of Juvenile Justice
facility or program, in a hospital, or while a student is homebound;
2. Schools that provide only prekindergarten
or adult education;
3. Technical
centers under Section
1004.91, F.S.
A list of schools meeting this definition will be provided to
the School Safety Specialists by December 1, 2023, and annually thereafter by
July 1.
(d)
"School-based mental health services provider" means a school psychologist
certified under Rule 6A-4.0311, F.A.C., a school
social worker certified under Rule
6A-4.035, F.A.C., a school
counselor certified under Rule
6A-4.0181, F.A.C., or a mental
health professional licensed under Chapter 490 or 491, F.S., who is employed or
contracted by a district or school to provide mental health services in
schools.
(e) "School district" or
"district" means a Florida school district, the Florida Virtual School (Section
1002.37, F.S.), the Florida
School for the Deaf and the Blind (Section
1002.36, F.S.), Developmental
Research (Laboratory) Schools (Section
1002.32, F.S.), and charter
schools sponsored by a university or Florida College System institution
(Section 1002.33(5),
F.S.).
(f) "Student Support
Management Plan" or "SSMP" means an ongoing intervention and monitoring plan
implemented by the school-based threat management team. The SSMP may impose
requirements on a student of concern for a defined period of time based on the
level of concern. The SSMP is reviewed each month by the School Based Threat
Management Team (SBTMT).
(g)
"Threat Assessment" means the identification of individuals exhibiting
threatening or other concerning behavior.
(h) "Threat Management" means the multipart
process by which schools identify individuals exhibiting threatening or other
concerning behavior, assess the risk of harm, and coordinate appropriate
interventions and services for such individuals, as provided in Section
1006.07(7),
F.S.
(3) Required
policies.
(a) Each school district and
charter school governing board must adopt policies, consistent with this rule,
for the establishment of threat management teams and for the completion of
threat assessments. These policies must include procedures for referrals to
mental health services, pursuant to Section
1012.584(4),
F.S., and referrals for threats of self-harm, consistent with Section
394.463, F.S.
(b) Parental notification.
1. School districts and charter school
governing boards must, at a minimum, require parental notification in the
following circumstances:
a. If the SBTMT Chair
determines the report of a concerning behavior or threat is a Low level of
concern and summarily closes the case, the Chair or designee must use
reasonable efforts to notify the parent or guardian of the student of
concern.
b. If the Chair does not
summarily close the case and refers it to the SBTMT, reasonable efforts must be
made to notify the student of concern's parent or guardian on the same day the
SBTMT assigns the preliminary level of concern.
c. If the preliminary level of concern is
High, the SBTMT Chair or designee must notify the superintendent or designee to
ensure that the notice requirements of Section
1006.07(7)(e),
F.S., are met.
d. Parents or
guardians must also be notified if the threat management process reveals
information about their student's mental, emotional, or physical health or
well-being, or results in a change in related services or monitoring, including
but not limited to implementation of an SSMP.
e. Once an SSMP is finalized and anytime it
is substantively revised, the SBTMT Chair or designee must provide a copy of
the SSMP to the student of concern's parent or guardian. The targeted student's
parent or guardian should also be informed that an SSMP has been
implemented.
f. Where a report of
concern includes an identified student target, the Chair must make a reasonable
effort to notify the parent or guardian of the targeted student before the end
of the school day that the report was received unless the Chair has determined
the concern is unfounded. As provided for in the Florida Harm Prevention and
Threat Management Manual (Form OSS-001), the unfounded summary disposition
should only be used when it is clear and articulable that there is no basis for
concern. If there is any doubt, the case should be forwarded to the full School
Based Threat Management Team for further evaluation and parent notification
should occur. Nothing herein prevents the school from notifying parents or
guardians if they believe it is in the best interest of the
student.
2. "Reasonable
effort to notify" means the exercise of reasonable diligence and care to make
contact with the student's parent or guardian, typically through the contact
information shared by the parent or guardian with the school or school
district. The SBTMT Chair or designee must document all attempts to make
contact with the parent or guardian.
3. Timelines for required notice may be
modified where the SBTMT reasonably believes and documents that such disclosure
would result in abuse, abandonment, or neglect, as defined in Section
39.01, F.S.
(c) Education records. Threat assessments and
records related to threat management are considered education records as
defined by the Family Educational Rights and Privacy Act (FERPA) and Sections
1002.22 and
1002.221, Florida Statutes.
Policies relating to access, maintenance, and retention of these records must
be consistent with Rule
6A-1.0955, F.A.C., Education
Records.
(4) CSTAG.
Threats assessments initiated on or before December 31, 2023, must be done in
accordance with CSTAG and the Model Behavioral Threat Assessment Policies and
Best Practices for K-12 Schools, as follows:
(a) Threat management teams. Each school must
have a threat management team (previously known as a threat assessment team)
that includes persons with expertise in counseling, instruction, school
administration, and law enforcement. The counseling and law enforcement team
members must meet the requirements in subparagraphs (5)(c)1. and 4.
(b) Training. Threat management teams at each
school must be fully staffed before the start of the school year. Due to the
pending switch to the Florida Model, additional training is not required for
the Fall 2023 semester, as long as at least one (1) member of the team has been
CSTAG trained.
(c) Instrument.
Through December 31, 2023, threats will be assessed using the CSTAG instrument
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,
including the evaluation process and any resultant action.
(d) Meetings. Each school-based threat
management 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 management teams to maintain documentation of their meetings, including
meeting dates and times, team members in attendance, cases discussed, and
actions taken.
(e) Reporting. Each
district must ensure that all threat management 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: the total number of
threat assessments conducted, disaggregated by the total number of non-threats,
the total number of transient threats, the total number of substantive threats,
and the sex, race, and grade level of all students assessed by the threat
management team.
1. Information for the
2022-23 school year is due by October 1, 2023 in the Florida Safe Schools
Assessment Tool (FSSAT).
2.
Information for August 1-December 31, 2023 is due by June 15, 2024 in
FSSAT.
(5)
Florida Harm Prevention and Threat Management Model ("Florida Model").
Beginning January 1, 2024, threat management and assessment of concerning
behaviors or communications must be conducted in accordance with the Florida
Model, as follows:
(a) District Threat
Management Coordinator (DTMC). Each school district superintendent must
designate a Threat Management Coordinator to oversee threat management at all
public K-12 schools, including charter schools sponsored by or under contract
with the district. Where there is no superintendent, the lead administrator for
the school district must assign the Threat Management Coordinator.
1. The DTMC must:
a. Ensure that all district-level and
school-level threat management team personnel are trained in threat management
and on the Florida Model;
b. Serve
as Chair of the District Threat Management Team and as the liaison to the
Department of Education's Office of Safe Schools ("Office"); and
c. Assist School Based Threat Management
Teams in the district.
2.
Each school district school superintendent, or lead administrator if there is
no superintendent, must report the name, phone number, and email address of the
District Threat Management Coordinator to the Office at FloridaModel@fldoe.org.
This information must be reported annually by July 1, and must be updated
within one (1) school day if there is a change in the information
provided.
(b) District
Threat Management Team (DTMT). Each school district superintendent must
designate a District Threat Management Team that will receive referrals from
the School Based Threat Management Teams, assess serious situations, and
provide support to school-based teams, including charter schools in their
district. The DTMT must include the District Threat Management Coordinator as
Chair, persons from school district administration and persons with expertise
in counseling, instruction, and law enforcement. Where there is no
superintendent, the lead administrator for the district must assign the DTMT.
Districts with three (3) or fewer schools may request approval to alter the
DTMT membership by emailing the Office at FloridaModel@fldoe.org. The Office
will grant requests that demonstrate that the duties of the DTMT can be
executed with fidelity.
(c) School
Based Threat Management Team (SBTMT). Each school must have an SBTMT comprised
of four (4) members, at a minimum, including persons with expertise in
counseling, instruction, school administration, and law enforcement. The
principal or equivalent administrative head of the school is responsible for
appointing team members. The SBTMT must also include a member with personal
knowledge of the student of concern who is the subject of threat management.
Team members must meet the following requirements:
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
instructional team member must meet the definition of instructional personnel
under Section 1012.01(2)(a)-(d), F.S., or must hold a current Florida Educator
Certificate under Section
1012.56, F.S.
3. The school administrator team member must
meet the definition of administrative personnel found in Section
1012.01(3),
F.S. This should not be the school principal, or equivalent, unless they are
the only administrator at the school, because the principal has administrative
oversight of the SBTMT.
4. 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 management 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 management teams must also have clearance to
review Criminal Justice Information and Criminal History Record Information. 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 management
team.
5. If none of the team
members are familiar with the student of concern, the SBTMT Chair must assign a
member of the school's staff who is familiar with the student to consult with
and provide background information to the threat management team. The person
must be instructional or administrative personnel, as defined in Section
1012.01(2) and (3), F.S. Consulting personnel do not have to complete Florida
Model training and may not participate in the decision-making
process.
(d) Threat
Management Chair and Vice Chair. The principal of each school must appoint a
Chair and Vice Chair of the SBTMT. The Chair serves as the point person for
threat management at the school-level and is responsible for triaging reported
threats or concerning behavior and communications to determine whether the
matter should be summarily closed or whether it should be reviewed by the full
SBTMT.
(e) Instrument. Each SBTMT
and DTMT must use the Florida Model to assess the behavior of students who may
pose a threat of harm to themselves or others and to coordinate intervention
and services for such students. All reported threats or concerning behaviors
and communications, even those determined to be unfounded, must be documented
by the SBTMT along with any resultant action, using the Florida Model
Instrument.
(f) Meetings. Each
SBTMT must meet as often as needed to fulfill its duties of assessing and
intervening with students whose behavior may pose a threat of harm to
themselves or others, but no less than monthly. Districts must adopt policies
requiring threat management teams to maintain documentation of their meetings,
including meeting dates and times, team members in attendance, cases discussed,
and actions taken. DTMTs must meet as needed to review and consult with SBTMTs
and must meet timeframes set forth in the Florida Threat Management
Manual.
(g) Training.
1. All members of SBTMTs and DTMTs must be
trained on the Florida Model through training provided by or approved by the
Office of Safe Schools, as follows:
a. All
SBTMT and DTMT members must complete basic Florida Model training.
b. The District Threat Management Coordinator
must complete additional training specific to the Coordinator role.
c. School principals, the Threat Management
Chair, and the Vice Chair must complete additional training specific to their
respective roles.
2. In
order to switch to the Florida Model on January 1, 2024, District Threat
Management Coordinators, SBTMT members, school principals, and DTMT members
must complete Office-approved training no later than December 31,
2023.
3. Beginning with the 2024-25
school year, district and school-level teams must be designated before the
start of the school year. Team members who have not previously completed
training must complete Florida Model training before the start of the school
year. Those appointed to threat management teams after the start of the school
year must complete Florida Model training within sixty (60) days of
appointment. For assistance in accessing this training, districts must contact
the Office in writing at FloridaModel@fldoe.org.
4. Beginning with the 2024-25 school year,
district and school-level team members who have been fully trained in a
previous school year must complete an annual refresher training provided by the
Office within the first sixty (60) days of school.
(h) Reporting. Each district school safety
specialist must ensure that all threat management teams in the district report
to the Office on the team's activities during the previous school year. The
initial reporting period for the Florida Model will be from January 1-May 31,
2024, and information will be due by June 15, and annually thereafter for the
preceding school year. The Office will provide reporting instructions by
November 2023, and annually thereafter prior to the start of the school year,
that will include at a minimum the following metrics:
1. Number of cases reported to the
SBTMT;
2. Number of students
evaluated by the SBTMT, broken down by sex, race, grade level, and existence of
an IEP, 504, or behavior intervention plan at the time of evaluation;
3. Number of cases closed by the SBTMT Chair
as unfounded; after referral for self-harm assessment; or as a low level
concern without review by the full SBTMT;
4. Number of cases the SBTMT Chair referred
to the full SBTMT for review;
5.
Number of cases categorized by the SBTMT as unfounded, low, medium and high
levels of concern;
6. Number of
SSMPs implemented after cases categorized as low, medium, and high levels of
concern;
7. Number of cases
referred to the DTMT categorized as medium and high levels of
concern;
8. Number of high level of
concern cases the DTMT referred back to SBTMT; and
9. Numbers of students who received
disciplinary action or where law enforcement took action in response to the
behavior initially reported to the SBTMT.
(6) Transition to Florida Model. All threat
assessments initiated under CSTAG that are not completed by January 1, 2024, or
where a student is still being actively monitored by the threat management team
on January 1, 2024, must be reassessed under the Florida Model. While new
information may be gathered by the SBTMT Chair, the Chair may rely on the
information gathered while using CSTAG to determine what level of concern to
classify the student's behavior, and if a SSMP should be implemented as a
result. If an SSMP is implemented, the student must be monitored for the
minimum period that aligns with the new Florida Model.
(7) Charter Schools. Charter schools are
responsible for establishing SBTMTs and conducting threat assessments as
required by this rule. DTMCs and DTMTs must oversee and support charter schools
sponsored by or under contract with the district to the same extent they do for
traditional public schools.
(8)
Virtual Schools. Virtual schools are responsible for establishing SBTMTs and
conducting threat assessments as required by this rule. Florida Virtual School
must also establish a District Threat Management Team and assign a District
Threat Management Coordinator.
(9)
The following forms are hereby incorporated by reference and made a part of
this rule. Copies may be obtained from the Florida Department of Education, 325
West Gaines Street, Tallahassee, FL 32399-0400.
(a) Florida Harm Prevention and Threat
Management Manual, Form OSS-001 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15897),
effective September 2023.
(b)
Florida Harm Prevention and Threat Management Instrument, Form OSS-002 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15898),
effective September 2023.
(c)
Comprehensive School Threat Assessment Guidelines, Form CSTAG-2022 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15899),
effective September 2023.
(d) Model
Behavioral Threat Assessment Policies and Best Practices for K-12 Schools, Form
BTAP-2022 (
http://www.flrules.org/Gateway/reference.asp?No=Ref-15900),
effective September 2023.
Rulemaking Authority
1001.02(1),
(2)(n),
1001.11(9),
1001.212(12)
FS. Law Implemented 1001.11(9),
1001.212(12),
1006.07(7)
FS.