EDG 6305 Legal Guide-Haley Darringer by Haley Darringer https://padlet.com/hdarringer/y3njgsva63a8zt52 en-us 2023-07-24 00:10:20 UTC 2023-07-24 03:14:09 UTC hello@padlet.com Slide #1 Professional Perspective hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649857030
Hi, my name is Haley Darringer and I am pursuing my Masters in Professional School Counseling. I plan to become a school counselor at the elementary level. I have been a Special Education teacher for 10 years. I am passionate about helping to ensure that schools are safe for all students.

The topic of my legal guide is "School Counselors' Role in Threat Assessments." This guide will provide an overview of the legal and ethical considerations involved in threat assessments, as well as the specific role that school counselors can play in this process. The audience for this guide includes school counselors, administrators, and other school personnel who are involved in threat assessments.

I chose this topic because I believe that it is an important and timely issue. In recent years, there have been a number of high-profile school shootings, and it is clear that schools need to do more to prevent violence. School counselors are uniquely positioned to help with this effort, as they have the training and expertise to assess student risk and develop interventions to mitigate that risk.
]]> 2023-07-24 00:37:49 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649857030 Slide #2 Practical Summary hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649865574 This topic is crucial in school counseling as it addresses the increasingly important responsibility of school counselors in identifying and responding to potential threats within the educational setting. With the rising concerns about school safety, counselors play a vital role in assessing students' behaviors and determining the seriousness of threats to prevent potential harm to the school community. This guide helps counselors navigate the legal and ethical considerations surrounding threat assessments, ensuring that students' rights are protected while maintaining a secure and supportive learning environment.

One emerging issue in this area that educators should be watching for is the use of advanced technologies in threat assessments. As technology evolves, schools may adopt artificial intelligence, social media monitoring, and other data-driven approaches to identify potential threats. While these tools can provide valuable insights, they also raise concerns about privacy, data security, and the potential for bias. Educators need to stay vigilant in understanding how these technologies are being utilized, ensuring that they comply with legal regulations and ethical guidelines while avoiding any unintentional discrimination or infringement on students' rights.

]]> 2023-07-24 00:52:24 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649865574 Slide #3 Professional Association hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649880093 Stone, C. (2022, March 1). School counselors’ role in threat assessments. American School Counselor Association (ASCA). https://www.schoolcounselor.org/Magazines/March-April-2022/School-Counselors-Role-in-Threat-Assessments  
Summary: 
This article highlights the critical importance of school counselors' roles in threat assessments and violence prevention. The National Threat Assessment Center (NTAC) found that in all cases they studied, attackers displayed concerning behaviors before carrying out their attacks, often sharing their intentions with others, mostly friends. Students who reported potential threats immediately did so because they had positive relationships with adults and trusted that the information would be handled effectively. On the other hand, many students who knew about weapons on school grounds chose not to report due to a lack of trust in school officials' response. School counselors play a crucial role in fostering protective factors such as prosocial involvement, strong relationships, resiliency, and positive attitudes to prevent violence. Advocating for a multidisciplinary team approach in threat assessments is essential, and counselors can refer to ASCA's position statements for guidance on their role in maintaining safe school environments. 
]]> 2023-07-24 01:17:40 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649880093 Slide #4 Current News Article hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649892435 Modan, N. (2022, June 2). Violent threats against schools increase after Uvalde shooting. K12Dive. https://www.k12dive.com/news/violent-threats-against-schools-increase-after-uvalde-shooting/624799/  
  • The news article highlights the concerns and challenges related to student misbehavior, aggression, and gun violence in schools following the reopening of school buildings after the COVID-19 pandemic.
  • A survey by the American Psychological Association revealed that about a third of teachers experienced incidents of verbal harassment or violent threats from students during the pandemic.
  • Despite a decline in school shootings during closures, Sandy Hook Promise suggests that they have returned to pre-pandemic levels or potentially increased.
  • The article emphasizes the importance of threat assessment and vigilance in identifying disturbing student behavior, particularly in the aftermath of heavily publicized incidents elsewhere in the country, as they can lead to copycat threats and violence in other schools.
  • The use of school resource officers (SROs) to prevent shootings is debated, with some research showing no evidence of improved school safety, and concerns about the presence of police and security measures potentially causing psychological trauma responses in students.
  • The article also discusses the need for more humane and sensitive approaches to active shooter drills to avoid traumatizing students and suggests alternative methods to address the issue.

]]> 2023-07-24 01:38:11 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649892435 Slide #5 Current News Articles hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649904123 Navarra, K. (2021, December 23). Challenges persist in assessing, responding to threats against schools. K12Dive. https://www.k12dive.com/news/challenges-persist-in-assessing-responding-to-threats-against-schools/616538/  
  • Threats of violence against schools are on the rise. This means that school counselors are increasingly being called upon to assess threats and provide support to students who may be at risk of violence.
  • There is no one-size-fits-all approach to threat assessment. Different schools use different protocols and procedures, and the best approach will vary depending on the specific circumstances.
  • School counselors play a critical role in threat assessment. They can provide valuable insights into student behavior and help to develop interventions that are likely to be effective.
  • It is important to remember that threat assessment is not a punitive process. The goal is to identify students who are at risk and provide them with the help they need.
  • School counselors should be trained in threat assessment and have access to resources that can help them to assess threats and develop interventions.
  • The Oxford High School shooting highlighted the importance of reporting concerning behavior to trusted adults. If school counselors are not aware of potential threats, they cannot take action to prevent violence.
  • Civil liberties groups have raised concerns about the use of threat assessments. However, experts argue that threat assessments can be used in a way that protects individual rights.
  • The bottom line is that school violence can be prevented. By working together, school counselors, administrators, law enforcement, and parents can create a safe and supportive learning environment for all students.

]]> 2023-07-24 01:55:37 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649904123 Slide #6 Original Source of Law: Constitutional Law hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649910274 U.S. Constitution 10th Amendment 
  • U.S. Const. amend. X.
  • https://www.archives.gov/founding-docs/bill-of-rights-transcript
  • The 10th Amendment of the United States Constitution states that powers not delegated to the federal government by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people. In other words, any powers not specifically granted to the federal government or prohibited to the states are retained by the states or the people themselves. This amendment emphasizes the principle of federalism and reinforces the idea that the states have their own separate powers and authority from the federal government. In the context of school counseling, the 10th Amendment clarifies the distribution of authority and responsibilities between the federal government and state or local education authorities regarding education and counseling policies. The 10th Amendment grants primary authority over education to the states including school counseling services and programs.


]]> 2023-07-24 02:03:07 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649910274 Slide #7 Original Sources of Law: Statutory Law hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649918519 Texas Education Code § 37.115
  • Threat Assessment and Safe and Supportive School Program and Team, Tex. Educ. Code § 37.115
  • https://statutes.capitol.texas.gov/Docs/ED/htm/ED.37.htm 
  • This section outlines the definitions and responsibilities of a threat assessment and safe and supportive school team. It emphasizes the importance of addressing harmful, threatening, or violent behavior in students, which may lead to interventions, suspensions, expulsions, or alternative education programs. The section also emphasizes the need for a multidisciplinary approach, training for team members, collaboration with external agencies, and reporting on team activities, threat assessments, and outcomes. Texas Education Code 37 is instrumental in establishing the framework for threat assessment and safe and supportive school programs in Texas. School counselors play a vital role in these initiatives, contributing their expertise in mental health and behavior assessment to help create a secure and nurturing learning environment for students. They work collaboratively with other professionals on the threat assessment team to identify potential threats and provide appropriate interventions to support at-risk students. 

]]> 2023-07-24 02:13:33 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649918519 Slide #8 Original Source of Law: Administrative Law hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649927329
  • Section § 99.31 - Under what conditions is prior consent not required to disclose information?
  • Family Education Rights and Privacy, 34 C.F.R. § 99.31
  • https://www.govinfo.gov/content/pkg/CFR-2022-title34-vol1/pdf/CFR-2022-title34-vol1-sec99-34.pdf 
  • Under the Family Educational Rights and Privacy Act (FERPA), schools can disclose personally identifiable information (PII) from education records to members of a threat assessment team who are not school employees, as long as they qualify as "school officials" with legitimate educational interests. To ensure compliance, schools should follow FERPA provisions and may consider having written agreements with team members outlining their responsibilities and requirements. It's important to note that team members can only use PII for conducting threat assessments and must adhere to FERPA's redisclosure requirements, unless there is a health or safety emergency that warrants sharing information with appropriate officials. The Code of Federal Regulations § 99.31 under FERPA provides the legal framework for sharing PII with members of a threat assessment team, allowing schools to collaborate effectively in identifying and managing potential threats to school safety. School counselors may be part of these teams, working with other professionals to conduct comprehensive threat assessments and take appropriate measures to ensure a safe and secure learning environment for students. 

    • ]]>     2023-07-24 02:26:02 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649927329     Slide #9 Original Source of Law: Judicial Law hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649944126

    • Cleveland v. Taft Union High School District 
    • Cleveland v. Taft Union High School Dist., 76 Cal.App.5th 776 (2022)
    • Cleveland v. Taft Union High School District, which was decided in 2022 by the California Court of Appeals. In this case, a student was shot and injured by another student at Taft Union High School in Taft, California. The plaintiff, Bowe Cleveland, sued the school district, alleging that the school district had been negligent in its threat assessment and management of the shooter.
    The court found that the school district had been negligent in several ways, including:
    1. Failing to adequately investigate the shooter's threats
    2. Failing to take appropriate action to protect students from the shooter
    3. Failing to communicate effectively with parents about the shooter's threats
    The court awarded Cleveland $3.8 million in damages. This case is significant because it sets forth a number of important principles for threat assessments in education. These principles include:
    1. The importance of conducting a thorough investigation of any threat
    2. The need to take appropriate action to protect students from harm
    3. The importance of communicating effectively with parents about threats
    The Cleveland case is a reminder that schools have a responsibility to protect students from harm. By following the principles set forth in this case, schools can help to prevent school shootings and other acts of violence.

    Here are some other court cases that have been filed regarding threat assessments in education:

    • Nash v. Cherry Creek School District (Colorado, 2019)
    • Garrett v. School City of Mishawaka (Indiana, 2019)
    • J.P. v. East Penn School District (Pennsylvania, 2018)

    These cases are still pending, but they could have a significant impact on the future of threat assessments in education.

    ]]>     2023-07-24 02:48:15 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649944126     Slide 10# School or Policy Organization: Administrative Law hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649947266 McKinney Independent School District : School Board Policy
    • McKinney Independent School District. (2020). Board policy manual.
    • The Superintendent is responsible for establishing a threat assessment and safe and supportive team for each campus, which will develop and implement a safe school program. The team will conduct threat assessments, intervene when necessary, and collaborate with law enforcement and other authorities to address serious risks of violence or harm to students. Additionally, the team will follow specific procedures for students at risk of suicide, substance abuse, or violating the Student Code of Conduct, and may provide referrals for mental health evaluation or special education services when appropriate.

    ]]>     2023-07-24 02:52:09 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649947266     Slide #11 Ethical Principles hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649950937 ASCA Ethical Principle: A. 9. Serious Harm to Self or Others
    • American School Counselor Association. (2022). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/About-School-Counseling/Ethical-Responsibilities/ASCA-Ethical-Standards-for-School-Counselors-(1) 
    • School counselors are responsible for notifying parents/guardians and school administration when a student poses a serious risk of harm to themselves or others, regardless of the perceived level of danger. They must also collaborate with the administration to ensure the student receives necessary supervision and support, and report any threats or abuse to appropriate authorities while following relevant laws and policies. Additionally, counselors provide culturally responsive mental health resources to parents/guardians.

    ]]>     2023-07-24 02:57:28 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649950937     Slide #12 Non-Law Source hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649957707 The article discusses the role of school counselors in fostering a safe and inclusive school environment, particularly in the context of preventing and addressing violence and threats. It begins by sharing the personal experience of Samantha Haviland, a school counselor who was at Columbine High School during the tragic 1999 shooting. The article emphasizes the need for both preventive and reactive approaches to school safety and suggests that school counselors play a crucial role in this process.

    The article highlights the importance of school counselors being highly visible and readily available resources for students, parents, and staff. They are encouraged to build relationships with everyone in the school community and create a sense of belonging for each student. By being approachable, school counselors can help students feel safe and included, and they can act as intermediaries when addressing challenging situations.

    Violence in schools is defined as any action intending to harm others, including physical and non-physical forms of aggression. To address this, the article emphasizes the need for school counselors to receive training in crisis intervention and threat assessment. They can play a key role in identifying warning signs and providing early intervention to students at risk. The article also stresses the importance of involving the entire school staff in crisis training, as well as fostering partnerships with community organizations.

    Additionally, the article suggests that school counselors conduct safety surveys to assess the needs of students and develop tailored programs to address specific concerns, such as bullying or dating violence. They are also encouraged to create advisory councils to gain multiple perspectives and ideas for school safety.

    In cases of crisis or trauma affecting the school community, school counselors are crucial in orchestrating response efforts. They may go classroom to classroom to provide support, set up safe places for students to seek help, and organize teams to handle the situation. The article stresses that crisis response is most effective when it involves a team approach, including school counselors, administrators, teachers, and, in some cases, parents.

    Overall, the article emphasizes that school counselors play a vital role in promoting school safety through prevention, intervention, crisis response, and community engagement. Building strong relationships, being proactive, and involving all stakeholders are key components in creating a safe and resilient school environment. 


    Bray, B. (2016, August 24). The counselor’s role in Ensuring School Safety. Counseling Today. https://ct.counseling.org/2016/08/counselors-role-ensuring-school-safety/  
    ]]>     2023-07-24 03:07:21 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649957707     Slide #13 Recommendations/Best Practices hdarringer https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649960574
  • Training and Collaboration: School counselors should receive specialized training in threat assessment protocols and collaborate with other school staff, law enforcement, and mental health professionals to form a multidisciplinary threat assessment team.
  • Establish Clear Procedures: Schools should develop clear and well-defined threat assessment procedures, including reporting mechanisms, data collection, and steps for intervention and follow-up.
  • Regular Threat Assessment Drills: Conduct regular threat assessment drills to ensure all members of the threat assessment team are familiar with the process and can respond effectively in case of a real threat.
  • Cultivate a Safe and Inclusive School Climate: School counselors should focus on fostering a safe and inclusive school climate through preventive measures, such as anti-bullying programs, social-emotional learning initiatives, and positive behavior support strategies.
  • Monitor Warning Signs: School counselors must be vigilant in identifying warning signs of potential violence or mental health issues among students. Early identification and intervention can prevent serious incidents.
  • Parental Involvement: Involve parents in the threat assessment process by educating them about warning signs and the school's approach to handling threats. Engaging parents can help create a supportive network for students and improve safety.
  • Develop Crisis Response Plans: Work with school administrators and staff to develop comprehensive crisis response plans that address various scenarios, including lockdowns, evacuations, and communication protocols.
  • Stay Current on Legal Requirements: School counselors must stay up-to-date with relevant federal and state laws, such as FERPA, to ensure compliance when sharing information with the threat assessment team or external agencies.
  • Document Everything: Maintain thorough and accurate documentation throughout the threat assessment process, including reports, interviews, interventions, and outcomes, to ensure legal compliance and a comprehensive record.
  • Regular Review and Evaluation: Continuously review and evaluate the effectiveness of threat assessment procedures and interventions. Identify areas of improvement and adjust practices as needed to enhance school safety.

    • ]]>     2023-07-24 03:12:44 UTC https://padlet.com/hdarringer/y3njgsva63a8zt52/wish/2649960574