Act 143 Creates Office of School Safety, Adds Mandatory Reports of School Violence Threats

by Malina Piontek, Attorney, LLC, AWSA’s Retained Legal Counsel

According to the 2017 Wisconsin Youth Risk Behavior Survey, an estimated 5.2% of Wisconsin students carry weapons at school, while 6.9% of students have been threatened with a weapon. The percentage of Wisconsin students who never or rarely feel safe at school is steadily rising. In response to statistics such as these, on March 22, 2018, the state legislature passed 2017 Wisconsin Act 143(“Act 143”) which requires that all individuals who are mandatory reporters for child abuse or neglect purposes now must report school violence threats. It also created a State Office of School Safety, requires on-site safety assessments, requires School Violence Drills, and provides regulations for school safety plans.

Mandatory Reporting of School Violence Threats. While the new law applies to the same individuals who are mandatory reporters for suspected child abuse or neglect, the standard and manner for reporting threats of school violence is different than that of reporting abuse or neglect. Specifically, an individual must report if the person believes, in good faith, based on a threat made by an individual seen in the course of professional duties regarding violence in or targeted at a school, that there is a serious and imminent threat to the health and safety of a student, school employee, or the public. Mandatory reporters must immediately inform a law enforcement agency of the facts and circumstances contributing to the belief that there is a serious and imminent threat.

The following summarizes mandatory reporters’ obligations under Act 143.

WHO:

Who must report?

All individuals who are mandatory reporters for suspected child abuse or neglect under Wis. Stat. § 48.981(2)(a)are required to report threats of school violencein the course of professional duties. The individual who learned of the threat in the course of professional duties must report the threat.

To whom must the threat be reported?

Reports of threats of school violence must be made to law enforcement. Mandatory reporters should be advised to inform their principal or supervisor immediately after reporting the matter to law enforcement.

WHAT:

What must be reported?

All threats that constitute a serious and imminent threat to the health or safety of a student, school employee or the public must be reported. A mandatory reporter is required to report the facts and circumstances contributing to her/his good faith belief that there is a serious and imminent threatto the health or safety of a student, school employee or the public.

What constitutes a “serious and imminent threat?”

A threat is typically an expression of intent to do harm or act out violently against someone or something. The context in which the threat was made is important as to whether a threat is serious and imminent. Consider the facts and circumstances in which the threat was made. The threat could be spoken, written or symbolic. The threat could be made directly or indirectly to the victim or others and could be explicit or implied.

The National Association of School Psychologistshas provided guidance regarding threat assessments. NASP describes a “substantive threat” as having one, some or all of the following characteristics:

Specific and plausible details such as a specific victim, time, place, and method
Repeated over time or conveyed to differing individuals
Involves planning, substantial thought, or preparatory steps
Recruitment or involvement of accomplices
Invitation for an audience to observe threat being carried out
Physical evidence of intent to carry out threat (e.g., lists, drawings, written plan)

What about disclosing confidential pupil information? Can I do that?

Yes, in certain circumstances, you can disclose otherwise confidential pupil information. Act 143 reaffirms the provision of the Federal Educational Rights and Privacy Act (FERPA) which permits a school employee to disclose personally identifiable information about a student to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

WHEN:

When must a report be made?

The report must be made immediately. Employees should not conduct an investigation into the matter prior to reporting the threat to law enforcement.

WHERE:

How should it be reported?

The report must be made by telephone or in person to law enforcement. One option may be to report to your School Resource Officer (SRO) immediately, if your district has an SRO. If you are not able to reach an SRO immediately, or do not have an SRO, contact local law enforcement. It is advised that the mandatory reporter keep notes of what was reported, when, and to whom. Principals should consider working with their administrative teams to develop a reporting form.

WHY:

What are the penalties if a report is not made?

Whoever intentionally fails to report a threat of school violence may be fined not more than $1,000 or imprisoned not more than 6 months or both.

The Act provides immunity from civil or criminal liability for any person or institution making a report in good faith, as well as immunity for health care providers who do not report based on their good faith belief and professional judgment that a report is not required.

Finally, the Act mandates that school boards require all employees to receive DPI training regarding mandatory reporting of school violence threats within the first six (6) months of employment and at least every five (5) years thereafter.

Office of School Safety. The Office of School Safety is within the state Department of Justice (DOJ). Its tasks include (1) creating model practices for school safety, in conjunction with DPI and after consultation with the Wisconsin School Safety Coordinators Association and the Wisconsin Safe and Healthy Schools Training and Technical Assistance Center; (2) compiling school blueprints and geographic information system (GIS) maps, in coordination with schools and the Department of Administration; and (3) offering training to school staff on school safety, which may be provided by either DOJ or by a contracted party.

Housed within the Office of School Safety’s website is an invaluable tool for principals: the Safe Schools Legal Resource Manual.As AWSA’s retained legal counsel, and in the course of my private school law practice, it is a resource that I frequently use when school safety legal questions arise, including search and seizure of cell phones or other personal belongings, and child abuse investigations in the school, to name a few. I encourage principals to explore this free legal resource.

Act 143 also requires schools to submit specified information to the Office of School Safety. Every school board needed to provide blueprints of each school building and facility to the Office of School Safety, and to local law enforcement agencies, by July 1, 2018. By January 1, 2019, and before each January 1 thereafter, every school board must also file the following with the Office of School Safety:

A copy of its school safety plan.
The date of the required annual safety drill or drills held during the previous year.
Certification that the school board or governing body reviewed a required written evaluation of the drill or drills.
The date of the most recent school training on school safety and the number of attendees.
The most recent date on which the school board or governing body consulted with a local law enforcement agency to conduct required, on-site safety assessments.

Content of School Safety PlansAct 143 requires an individualized safety plan for each school building and facility that is regularly occupied by students, including any real property related to the building or facility that is regularly occupied by students. A plan must include guidelines and procedures to address school violence and attacks, threats of school violence and attacks, bomb threats, fire, weather-related emergencies, intruders, parent-student reunification, and threats to nonclassroom events (e.g., recess, athletic events, and concerts).

The Act also prohibits school boards from including certain items in a school safety plan. A plan cannot:

(1) require an employee to contact a school administrator, school official, or other person before calling “911;”

(2) prohibit an employee from reporting school violence or a threat directly to a law enforcement agency; or

(3) prohibit an employee from reporting a suspicious individual or activity directly to a law enforcement agency.

School Violence Drills. Act 143 requires public and private schools to conduct annual drills in the proper response to a school violence event in accordance with the school safety plan for that school building. The person in charge of a particular school building – usually the principal - must submit a brief written evaluation of the drill to the school board or governing body within 30 days, and the board or governing body must review the evaluation. A drill regarding a school violence event may be substituted for other required drills relating to fire, tornado or other hazards, or school safety incidents.

Conclusion. Principals have new responsibilities under Act 143, and as building leaders, are tasked with ensuring that staff is aware of the new mandatory reporting requirements relating to school violence threats. In short, this means that should a staff member learn of a serious and imminent threat to the health or safety of a student, school employee or the public in the course of his/her professional duties, s/he must immediately report this threat to law enforcement. If a report is made in good faith based on a threat made by an individual during the course of his/her professional duties, the individual is immune from liability. However, an individual who intentionally fails to report as required may be fined or imprisoned or both. Remember: if you see something, say something.

This article was prepared by Attorney Malina Piontek, AWSA’s Retained Legal Counsel and Level I Legal Services Provider. You may direct your Level I call-in questions to Malina at 608-497-3037. This article was designed to provide you with general authoritative information and with commentary as a service to AWSA members. It should not be relied upon as legal advice.