The purpose of this rule is to set forth requirements for a statewide, Florida-specific threat management operational process and threat management instrument. The effect of the amendment is to update the threat management ....

 

DEPARTMENT OF EDUCATION

State Board of Education

RULE NO.:RULE TITLE:

6A-1.0019Threat Management

PURPOSE AND EFFECT: The purpose of this rule is to set forth requirements for a statewide, Florida-specific threat management operational process and threat management instrument. The effect of the amendment is to update the threat management manual, instrument, and training requirements, and to clarify the definitions of “school” and “district” to address college and university-sponsored charter schools. The amended rule also removes outdated language and references to the prior threat assessment model.

SUMMARY: This amendment addresses needed updates to the threat management manual and threat assessment instrument.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The changes are based on observations over the past year. This proposed rule is not expected to have any adverse impact on economic growth, business competitiveness or any other factors listed in s. 120.541(2)(a), F.S., and will not require legislative ratification. Increase in regulatory costs is not anticipated as a result of the rule changes.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 1001.02(1), (2)(n), 1001.11(9), 1001.212(12), F.S.

LAW IMPLEMENTED: 1001.11(9), 1001.212(12), 1006.07(7), F.S.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 29, 2024, 9:00 a.m.

PLACE: Miami Dade College-Wolfson Campus, 254 N.E. 4th St., Building 3, Chapman Conference Room 3210,

Miami, FL 33132

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Collins, Office of Safe Schools, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

6A-1.0019 Threat Management.

(1) No change.

(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.

(a)(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.

(b)(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. through 2. No change.

3. Technical centers under Section 1004.91, F.S.

“School” also includes the Florida Virtual School (Section 1002.37, F.S.), the Florida School for the Deaf and the Blind (Section 1002.36, F.S.), and Developmental Research (Laboratory) Schools (Section 1002.32, F.S.). These entities also function as “school districts” as defined in paragraph (2)(d) of this rule. 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.

(c)(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.

(d)(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 universities charter schools sponsored by a university or Florida College System institutions that sponsor charter schools (Section 1002.33(5), F.S.).

(e)(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).

(f)(g) “Threat Assessment” means the identification of individuals exhibiting threatening or other concerning behavior.

(g)(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 providing guidance to all students, faculty, and staff regarding recognition of concerning behavior or threats and must identify members of the school community to whom concerning behaviors and threats should be reported, pursuant to Section 1006.07(7)(c), F.S. These policies must also 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. through b. No change.

c. If the preliminary or final 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. through f. No change.

2. through 3. No change.

(c) No change.

(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.

(4)(5) Florida Harm Prevention and Threat Management Model (“Florida Model”). Beginning January 1, 2024, threat Threat management and assessment of concerning behaviors or communications must be conducted in accordance with the Florida Model, as follows:

(a) through (e) No change.

(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. No change.

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.

2.3. 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 [e-mail].

34. 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, with required reporting due annually by June 15 for the preceding 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 each the school year, that will include at a minimum the following metrics:

1. Number of cases reported to the SBTMT Chair;

2. through 6. No change.

7. Number of cases referred to the DTMT categorized as medium and high levels of concern; and

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.

(5)(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.

(6) Charter Schools Sponsored by a College or University. The Florida College System institution or university board of trustees must establish a District Threat Management Team and assign a District Threat Management Coordinator to oversee and provide support for threat management for all charter schools that fall under the sponsoring entity, in accordance with the Florida Model. Charter schools are responsible for establishing SBTMTs and conducting threat assessments as required by this rule.

(7)(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.

(8)(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 July 2024 September 2023.

(b) Florida Harm Prevention and Threat Management Instrument, Form OSS-002 (http://www.flrules.org/Gateway/reference.asp?No=Ref-15898), effective July 2024 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. History–New 9-26-23, Amended

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julie Collins, Office of Safe Schools

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Manny Diaz Jr., Commissioner, Department of Education

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 30, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 5, 2024