Legal right to be informed? (threats of school shooting)

[HSteacher1]

What is the name of your state (only U.S. law)? California

We've had a student threaten to come and shoot up the school (twice). He's currently suspended, and there will be an expulsion hearing. However, the administrator 1) is refusing to inform staff who are likely to see this student should he come on campus during his suspension and 2) is making it sound like expulsion is an unlikely outcome. A colleague and I intend to write letters and would like to inform parents so they can participate in the board meeting which would have to take place if the student is to be expelled. The administrator says this would violate the student's confidentiality (the student made the threats in two separate classrooms in front of student both times) and that we cannot inform the parents. He has also told another teacher not to inform staff members. This administrator has a track record of errors when it comes to laws and state requirements for things, so I don't want to take him at his word.

Do staff members have a legal right to know if a student has made terroristic threats?
Do parents have a right to know if the peer of one of their children has threatened to shoot up the school?

Thank you for your responses.

 

[Zigner]

Have these threats been reported to the police?

 

[HSteacher1]

Have these threats been reported to the police?

Yes, and apparently they investigated the home to see if there were weapons. I don't know if they found any.

 

[I'mTheFather]

Do you have union? If so, involve the union.

 

[Zigner]

I'd also consider communicating your questions to the district's legal department/counsel.

 

[HSteacher1]

Do you have union? If so, involve the union.

I intend to, but they won't know the answer about informing the parents. Also, getting them involved will take time and the expulsion hearing is on Monday. I don't want this student back on our campus and I need to know what I can legally do to involve all concerned parties.

 

[HSteacher1]

I'd also consider communicating your questions to the district's legal department/counsel.

We're a small district and there is no legal department. The union does work with a lawyer but historically *if* a question gets answered, it can take weeks.

 

[HSteacher1]

I am also concerned that there will be repercussions against me for informing the union officers, as they are also staff. We were told not to talk to other staff about this.

 

[I'mTheFather]

I intend to, but they won't know the answer about informing the parents. Also, getting them involved will take time and the expulsion hearing is on Monday. I don't want this student back on our campus and I need to know what I can legally do to involve all concerned parties.

You would be violating FERPA regs if you inform parents, especially if you name the student. And your union would (or should) know the answer to that.

 

[Ohiogal]

Sadly, there is NOT a legal right to know about threats UNLESS the individual names victims (i.e. Tarasoff but that is with counseling). If the police are involved, you cannot name the student to other staff members/students without violating FERPA.

 

[HSteacher1]

Sadly, there is NOT a legal right to know about threats UNLESS the individual names victims (i.e. Tarasoff but that is with counseling). If the police are involved, you cannot name the student to other staff members/students without violating FERPA.

Okay, thank you.

 

[Silverplum]

I wouldn't tolerate this situation. Call the largest local media, be an anonymous source. Do whatever you have to do.

What matters? Lives, or some stupid 'privacy' nonsense? Lives.

Which of your students and colleagues can you sacrifice to obedience to a wrong administrator?

*rage!!*

Adding this: http://safecoloradoschools.com/reports.html
Do you want to speak at a deposition and a trial? Or just be shot, yourself? Or your child?

 

[HSteacher1]

I wouldn't tolerate this situation. Call the largest local media, be an anonymous source. Do whatever you have to do.

What matters? Lives, or some stupid 'privacy' nonsense? Lives.

Which of your students and colleagues can you sacrifice to obedience to a wrong administrator?

*rage!!*

Adding this: http://safecoloradoschools.com/reports.html
Do you want to speak at a deposition and a trial? Or just be shot, yourself? Or your child?

I completely agree. We're already dealing with a situation at another school (due to the same threats, but the student involved has siblings at this school and is therefore likely to go on that campus as well) where the same administrator I'm dealing with is refusing to let the staff there lock the front door. It has an intercom, but a parent complained and he doesn't consider this threat serious and won't let them continue to lock the door. I'm at my wits' end because I feel like all these people should have a right to know what's going on. Someone informed the groundskeeper of that school because there's a real likelihood that if the threatening student showed up on the campus the groundskeeper would confront him. And then, get shot. I mean, it's so obvious to me. But the person has gotten reprimanded and the interactions with this administrator are getting increasingly hostile.

 

[HSteacher1]

I wouldn't tolerate this situation. Call the largest local media, be an anonymous source. Do whatever you have to do.

What matters? Lives, or some stupid 'privacy' nonsense? Lives.

Which of your students and colleagues can you sacrifice to obedience to a wrong administrator?

*rage!!*

Adding this: http://safecoloradoschools.com/reports.html
Do you want to speak at a deposition and a trial? Or just be shot, yourself? Or your child?

It's probable I'll get a pink slip (if not directly getting fired) if I do defy the administrator, and I'd like to be able to say I don't care, but I do. There aren't any other jobs around here. So I will be honest, that's a factor. If I am pink slipped, or even fired, and FERPA does in fact back up the administrator's actions, I don't see how I can fight it and win.

That said, the alternative, to continue going to work, not tell anyone, etc., is unimaginable to me. They are making the decision whether to expel on Monday, and the administrator has made it clear he will not be giving out any updates about it, so I'm not sure when I'll hear about it. But it seems from the way he's behaving and talking that he's not going to go for expulsion. I don't know what to do. Though I am going to see whether my colleague can get a restraining order on the student. She was the second person he made the threats to, so maybe there's a chance. I don't know if she'll want to do it, though. That would put a huge target on her back, too.

 

[HSteacher1]

Also, a question for everyone. Is it absolutely certain that FERPA is relevant to this situation? My understanding was that FERPA concerns matters of student records, like grades and what's in their cumulative file. Whether they are on an IEP, disciplinary records, things like that. I don't really understand why it would cover threats the student made orally in a classroom in front of a half a dozen people on two occasions.