Threat Assessments: Legal Issues Related to Students With Disabilities

What do you do when a student in Special Ed makes a threat? Protect your school and prevent lawsuits.

In July, the Department of Education issued new guidance relating to students with disabilities. These rules open the door to a flood of lawsuits for schools that fail to comply.

You are likely addressing significant behavior challenges from students, including some who make threats or present significant risks. You must be cautious when obtaining a threat or risk assessment of a student who has a disability. The Department of Education’s Office for Civil Rights and the Office for Special Education and Rehabilitative Services have provided guidance to prevent discrimination in these instances.

• What laws apply to threat assessments?
• How should you modify your practices to adhere to the latest guidance?
• What procedures impact any threat assessment process?
• How should you make manifestation determinations and changes of placement?
• What are the best practices for accurate results?
• How can you identify students before their behaviors present a threat?