Saturday, March 24, 2018

School Climate, Student Voice, On-Campus Shootings, and now Corporal Punishment??? (Part III)


Listening to Students—When They Make Sense; and Not Listening to Students—When They’re Ready to Kill

Dear Colleagues,

Introduction

   I honestly was not planning a Part III to this Series—a Series that was prompted by the tragedy, five weeks ago, at Marjory Stoneman Douglas High School in Parkland, Florida where 17 souls lost their lives and at least 20 additional students and staff were injured.

   But this Part III has become necessary. . . at least, for three reasons. 
_ _ _ _ _ _ _ _ _ _

Reason #1: Listening to Students When They Make Sense

   Today (Saturday, March 24), hundreds of thousands of students (with parents, educators, and other community supporters) are rallying—in Washington, DC and across the country—in the “March For Our Lives.” 

   Here, they are publicly proclaiming that they can no longer trust—with their lives—the adults responsible for their safety and well-being in school or at school events. 

   But they are also gathering to hold our political leaders accountable for not reasonably and responsibly controlling individuals’ access to weapons of war and mass destruction.  Indeed, as discussed in Part I of this Series, since 1990, these weapons have already killed over 180 students and staff in America’s schools in over 190 separate incidents.

   And included in this number are two more student deaths (one, the shooter) in a southern Maryland high school just this past week.

   But there are other victims.

   Critically, an analysis of U.S. Census and Education Department data shows that more than 800,000 students now go to school in a public-school district where a school shooting has taken place. 

   And the collateral damage here includes the trauma of losing friends and acquaintances forever, the fear that it could happen again, and the anxiety of needing to focus on escape routes rather than square roots.
_ _ _ _ _ 

   But the more critical Question is: “Are We Listening to Our Students’ Voices?”

_ _ _ _ _

Reason #2: Using Violence Against Students who are Trying to Stop Violence

   A week ago, on March 14, and as a prelude to today’s March For Our Lives, tens of thousands of students across the country walked respectfully out of their classrooms—many to organized events—to gather for 17 minutes to:

   * Honor the fallen Parkland, FL students and staff;

   * Express their frustration with adults and political leaders who have done little to curb gun violence, improve school safety, and address the mental health needs of both students and adults; and

   * Talk about the actions needed to prevent it from ever happening again.
_ _ _ _ _

   Many of these events were supported by educators, parents, and community leaders who seized this as a teachable moment in history and political science.

   Many of these events were organized as acts of civic engagement, rather than civil disobedience.

   And, many of these events fostered opportunities for students and staff to talk together, to learn from one another, and to elevate the students’ voices to a greater good.
_ _ _ _ _

   But in Greenbrier, Arkansas, when three students walked out of their high school for 17 minutes to participate in the National Walkout Day and show solidarity for their Parkland peers, they were disciplined.

   The discipline, in fact, involved having the students choose between two days of in-school suspension or corporal punishment—two “swats.”  As top students, and not wanting to miss classes for two days, the students chose the “swats.”

   In a March 16 article and exclusive interview with 17-year-old Wylie Greer from Greenbrier High School [CLICK HERE], Rose Minutaglio wrote:

Greer says gun control has always been an important issue that concerns him. "So many people have died and will continue to die because politicians refuse to act,” he says. Seeing the aftermath of the [Parkland] shooting and the reactions of the high school students emboldened him to stand up. Greer was especially inspired to walk out of school after hearing Parkland survivor Emma González speak publicly about gun control.

“I walked because I have seen the debate around gun control die and get shut down so many times," he says. "People said it would be different after Sandy Hook, and it wasn't. They said it would be different after Pulse, and it wasn't. They say it is going to be different this time, after Parkland, and I want it to be. If walking out brings the debate back to people’s minds, if it keeps the victims of Parkland from dying a second death in our minds, then I am willing to accept any consequences."

Greer says he was initially “scared and nervous” about the pain, but eventually felt resolved. “I understood what had to happen, and was prepared for that,” he says. The three students were each "swatted" twice with a paddle by their dean. Greer was paddled during his sixth period class, and describes it as a "temporary sting" on his thighs that was not "dealt with malice or cruelty." But while the ordeal wasn’t painful, he says, the idea that "violence should be used to intimidate children and young adults into silence disgusts me,” Greer says. “It is barbaric and cruel.”
_ _ _ _ _

   But—at face value, the “swats” are not the issue.  And the Greenbrier punishments were not unique in that hundreds of other students across the country were punished for walking out of class on March 14 (for example, in Downers Grove, Illinois, 1,000 students received one hour of detention for their walk-out).

   The issue is that the “educators” (including the Superintendent) in this District chose to value their “discipline code” over the students’ "honor code"--their desire to communicate and participate in a national issue and discussion.

   A related issue is that the school acted to suppress their students’ voices and opinions with an act of violence.

   And, a corollary issue is that the newest Elementary and Secondary Education Act (ESEA) focuses on improving school climate, student involvement, and supportive learning environments as ways to improve school safety, student engagement, and academic proficiency.

   The interpretation of these students’ walk-out as a “disciplinary offense,” and the use of corporal punishment clearly contradicts the intent and spirit of ESEA. 

   What were these “educators” thinking???

   [CLICK HERE for an Earlier Blog on Corporal Punishment]
_ _ _ _ _ _ _ _ _ _

A Brief Expanded Discussion on School Climate

   Positive school climate is correlated with high levels of school safety and student connected-ness, lower rates of school bullying and discrimination, lower rates of school absences and student delinquency, higher rates of students’ satisfaction with school and life, and higher rates of academic success—especially in English language arts and math.

   I have written about the importance of school climate many times over the five-plus years of writing this Blog.

   [CLICK HERE for a Summary: School Climate and Safety, and School Discipline and Classroom Management:  A Summer Review of Previous Blogs]

   But, today, I want to briefly outline what schools target when they facilitate positive school climates.  This is important because, while school climate is evaluated by the students, positive school climate occur when schools explicitly and continuously involve their students. 

   And when students are not involved in the school climate process (or, they are negatively entangled in it as in Greenbrier, Arkansas)—students may become disengaged, they may not feel safe and protected, and they may not trust the adults who try to reassure them that their interests are important.

   Briefly, based on a comprehensive review of the research, the following characteristics occur in schools with positive school climates:

   * The students are learning the social, emotional, and behavioral skills—from preschool through high school—that relate to interpersonal, social problem-solving, conflict prevention and resolution, and emotional control and coping interactions.

   * The student-staff and student-student relationships are anchored by the respect for diversity and individual differences; strengthened by social, emotional, and physical supports; and empowered by collaborative and inclusive interactions.

   * Instructional environments are differentiated and geared to student learning and progress; are academically safe and encourage experimentation, risk-taking, and personal growth; and focus on creating independent learners and behavioral self-managers.

   * The school—physically, procedurally, and relative to its mission, vision, values, norms, and expectations—is organized to be and, in reality, is physically and emotionally safe and secure for students, staff, and others.
_ _ _ _ _

   Building and sustaining these characteristics requires “drilling” them down to specific actions and activities with clear and measurable outcomes.  But it also takes a collaborative “village” of students, staff, and others working together.  And, it takes communication, commitment, trust, and consensus.

   It also takes common sense and, for educators, the ability to sometimes let students (especially at the secondary levels) take the lead and determine their own path.

   Every school in the country had time to engage their student bodies before the March 14 walk-outs. . . . remember the Parkland tragedy occurred on February 14 !!!  

   How many schools put their school climates and student relationships at risk when they missed the March 14 opportunity for discussion and debate by responding to their student walk-outs with inflexibility and discipline?
_ _ _ _ _ _ _ _ _ _

Reason #3: Not Listening to Students when They are Ready to Kill

   The last reason for writing this Part III Blog message is that we are not doing a good job at listening to our students who are in need, who are contemplating suicide, or who are planning violence— including the deaths of others as they approach and enter our schools.

   But the “job” includes:

   * Identifying these students and telling the right people

   * Conducting valid threat analyses in less than 24 hours from the time of referral

   * Having comprehensively skilled health, mental health, law enforcement, and other related agencies and professionals in and available to our schools who can provide immediate attention to impending situations

   * Creating positive and safe school environments that include adults who listening to students, and who teach and reinforce the prosocial student-to-student interactions that prevent the “triggers of violence”

   * Involving parents and others in the community as committed and active participants in establishing proactive patterns of listening to our children and youth
_ _ _ _ _

   But the job also includes understanding how mental health interfaces with violent, dangerous, and self-damaging behavior.

   From recent position statements and press releases from the National Association of School Psychologists:

As the nation looks to understand and respond effectively to this tragedy, it is imperative that we stay focused on facts and what we know works to prevent violence and keep our children and youth safe. Particularly important to understand is that the majority of people with mental illness are not violent. There have been frequent reports in the news that the perpetrator had a troubled past, was in treatment for mental health concerns, and that this may have been related to his homicidal behavior. To conclude that the presence of an issue like depression predisposes someone to commit this type of violence perpetuates an incorrect stereotype and maintains a stigma that often creates a reluctance to seek treatment.

Homicidal behaviors are the result of a complex combination and interaction of risk factors that may be environmental, biological, or both. In most cases, the presence of a diagnosable mental illness alone does not predispose someone to extreme or calculated violence. Implying so risks undermining the important efforts to reduce stigma around mental health problems and disabilities, and may discourage individuals and families from seeking appropriate treatment. With appropriate treatment, especially early intervention, people who experience adverse childhood experiences or struggle with mental health issues can lead rich, full, and productive lives. Violence, as seen this week, is related to an interaction of risk factors.

[To address these risk factors, we need to] increase access to comprehensive mental and behavioral health services and supports in schools. Only a fraction of students in need of mental health services actually receive them, and among those that do, the majority access these services in school. Schools are an ideal place both to promote mental wellness and to identify and support students struggling with mental health issues. School-employed mental health professionals, like school psychologists, can help guide school-wide prevention and intervention mental and behavioral health services, provide direct services to students in need of support, help teachers and other school staff understand the warning signs that individuals may be at risk of causing harm to themselves or others, and provide appropriate threat assessments and supports to identified students.
_ _ _ _ _

   Critically, Congress has heard this part of our students’ pleas.

   Included in the federal budget, just passed and signed this past Friday, are the following funds related directly or indirectly to school safety. 

   According to the Committee on Appropriations, U.S. House of Representatives (March 21), the budget includes:

   Department of Justice

   $75M (million) for School Safety Grants
   $10M for the VALOR Initiative (police officer safety and wellness programs)
   $10M for the Police Act grants (active shooter training for police)
   $94M for Youth Mentoring Grants (peer-to-peer mentoring for at-risk youth)
_ _ _ _ _

   Department of Education

   $90M for school safety national activities that improve students’ safety and well-being during and after the school day (includes the Project SERV Program that provides counseling and referrals for mental health services for schools affected by violent or traumatic crisis0
   $1.1B for Student Support and Academic Enrichment Grants that support safe and healthy students, including school mental health services, bullying and harassment prevention, mentoring and school counseling, and training for school personnel
   $20M for Violent Crime and Gun Reduction/Project Safe Neighborhoods (gang enforcement efforts)
   $4M for Gang and Youth Violence education and prevention
_ _ _ _ _

   Department of Health and Human Services

   $26M for Healthy Transitions to provide grants to states to improve access to mental disorder treatment and support services for young people facing mental health conditions
   $75M to help expand the behavioral health workforce, including in rural and medically under-served areas, and increase access to child and adolescent services
_ _ _ _ _

   We all know that an unreal number of warnings and warning signs were missed last month in Parkland, FL.  This must not occur again.

   How can we not understand the anguish, frustration, and fear of the March For Our Lives students when we failed those at Marjory Stoneman Douglas High School so dramatically?
_ _ _ _ _ _ _ _ _ _

Summary

   In Part I of this three-Blog series, School Shootings: History Keeps Repeating Itself. . . What We Already Know, and What Schools, Staff, and Students Need to Do. . .


. . . I emphasized that, while we need to remember the fallen and mourn our losses, the ultimate school violence goal is to prevent the next act of violence, the next (God forbid) school shooting. 

   To help attain this goal, I re-reviewed the June 2004 U.S. Secret Service and Department of Education document, The Final Report and Findings of the Safe School Initiative: Implications for the Prevention of School Attacks in the United States. 

   Analyzing 37 targeted school shootings from 1974 to 2000, this Report discussed the many different motives underlying these atrocities—concluding that most of the investigated shooters had no diagnosed mental health issues.

   The Report concluded that there is no single profile of characteristics that can predict a school shooter, to which I added two missing components:

   * First, the factors related to school shootings are complex, and the ways to prevent them are layered and comprehensive.

   * Second, more focus is needed on school safety, school discipline, classroom management, and student self-management, and the root causes from each past shooting needs to be applied to prevent any future potential events.
_ _ _ _ _

   In Part II, School Shootings, Comprehensive Prevention, Mandatory (Mental Health) Reporting, and Standardized Threat Assessments. . . What Schools, Staff, and Students Need to Do, and The Help that They Need to Do It . . .


. . . I analyzed existing—largely state—gun control and related laws that are approximating the laws being advocated at the federal level.  I did this to demonstrate that we can successfully impact our nation’s laws, because we have already impacted many laws at the state level.

   In fact, the Boston Globe estimates that approximately 27,000 of the 38,658 people who died in gun-related deaths in 2016 could saved if every state had the same gun laws as Massachusetts. 

   This article [CLICK HERE] provided (a) state-by-state statistics on gun-related deaths in 2016, (b) how many lives would have been saved by Massachusetts-like gun laws, (c) how many of seven “common-sense” guns laws each state has enacted, and (d) how to contact each state’s Governor and State Senate and House leader.
_ _ _ _ _

   But I made two additional recommendations in the Part II Blog:

   * To establish laws, similar to existing child abuse laws nationwide, requiring professionals and others to report individuals (including students) suspected of potential school violence.  

    * To develop and require a standardized threat assessment for any individual reported as immediately above.
_ _ _ _ _

   Now, in this Blog, I have tried to encourage us to listen to our students’ voices. . . both to help them to feel safer, and to help them be safer.

   But there is one more voice that I feel must be heard. . . at least, right now.  It is the voice that usually cries out in our inner-city schools. . . but is not often heard.  It is the same voice as those from the Parklands, or the Sandy Hooks, or the Columbines, or the Jonesboros. . . but it rarely get the  same attention.

_ _ _ _ _

   I am not trying to cater to people’s emotions today, but to your rationality.

   I am not trying to make political statements, but help us face practical realities.

   And, I am not trying to live in the past, but I want to help our students live. . . so that they will have a path to establish their futures.

   We must listen to our students. . . because they are making sense.

   We must listen to our students. . . who are not making sense. . . especially if they are ready to kill.
_ _ _ _ _

   I hope that this information has been useful to you.  I know that we all dedicated to protecting our students, making our schools safe, and addressing the social, emotional, and behavioral needs of those students who are struggling in our midst.

   There are school-based solutions, and experienced professionals who can help schools and districts go to the next level of success relative to strengthening school climate and school safety. 

   Let me know how I can assist you in this charge.  I am always available by e-mail or conference call.

Best,

Howie

Saturday, March 10, 2018

School Shootings, Comprehensive Prevention, Mandatory (Mental Health) Reporting, and Standardized Threat Assessments (Part II)



What Schools, Staff, and Students Need to Do, and The Help that They Need to Do It

Dear Colleagues,

Introduction

   Too many times during my career, I have heard school staff members across the country state the following:

“We’ve tried everything.  No one is responding, and the student is not getting the help he needs.  I’ll tell you one thing . . . we’re going to be reading about him in the newspaper at some point in the future.  He’s going to hurt someone.”

   Just yesterday, in a coaching call with a district Director of Student Services (I have had monthly coaching calls with her for well over a year), we were talking about the District’s strategies to prevent tragedies like the Parkland, Florida massacre three weeks ago at Marjory Stoneman Douglas High School.  During our conversation, she said:

“We have a school resource officer.  But I’m not really sure what he does when conducting a Threat Assessment, and we don’t have a set protocol for referring students who are troubled across our schools.”

   In Part I of this two-Blog series, School Shootings: History Keeps Repeating Itself. . . What We Already Know, and What Schools, Staff, and Students Need to Do. . . 

   [LINK HERE to Part I]

. . . I emphasized that, while we need to remember the fallen and mourn our losses, the ultimate school violence goal is to prevent the next act of violence, the next (God forbid) school shooting. 

   To help attain this goal, I re-reviewed the June 2004 U.S. Secret Service and Department of Education document, The Final Report and Findings of the Safe School Initiative: Implications for the Prevention of School Attacks in the United States. 

   Analyzing 37 targeted school shootings from 1974 to 2000, this Report discussed the many different motives underlying these atrocities— concluding that most of the investigated shooters had no diagnosed mental health issues.

   The Report concluded that there is no single profile of characteristics that can predict a school shooter, to which I added two missing components:

   * First, the factors related to school shootings are complex, and the ways to prevent them are layered and comprehensive.

   * Second, more focus is needed on school safety, school discipline, classroom management, and student self-management, and the root causes from each past shooting needs to be applied to prevent any future potential events.
_ _ _ _ _ _ _ _ _ _

Beginning with the End in Mind

   At the end of the first Blog in this Series (published on February 24th—not ten days after the Douglas High School shootings), I encouraged students and staff, schools and districts, and parents and community leaders to take the actions in their power to make our schools safer. . . and to NOT wait for statutory changes crafted by our state and federal legislatures and elected officials.

   This is not to say that some of our laws don’t need to be changed and strengthened.

   This is simply to emphasize that while laws guide behavior, it is the people who make choices, take actions, and influence others’ (hopefully) for the common good.

   But we must be specific about what needs to be done.

   Indeed, what are the “layered and comprehensive ways to prevent future school shootings” . . . as referenced above?
_ _ _ _ _

   During the past week, I received an e-mail from an interdisciplinary coalition of colleagues who issued a “Call to Action to Prevent Gun Violence in the United States.”  Their Call is directed to federal and state political leaders, as well as to law enforcement, advocacy, social services, mental health, and educational agencies and organizations.

   Significantly, the Call has been endorsed by over 150 state and national associations, and over 2,300 well-regarded experts and advocates in the fields above.

   I believe that the “crux of the Call” (with two critical additions) begins to frame-out the next layer of actions needed to prevent future school violence and shootings. 

   Critically, none of the recommendations are new, and many schools, communities, and states have already embraced and enacted them (see below).

   Yet, they exist as reminders that we largely know what to do, and a “call to action” to move to the next level of implementation.

   The recommendations from the Call are:  

      On the first level we need:

1. A national requirement for all schools to assess school climate and maintain physically and emotionally safe conditions and positive school environments that protect all students and adults from bullying, discrimination, harassment, and assault;

2. A ban on assault-style weapons, high-capacity ammunition clips, and products that modify semi-automatic firearms to enable them to function like automatic firearms.

On the second level we need:

3. Adequate staffing (such as counselors, psychiatrists, psychologists, and social workers) of coordinated school- and community-based mental health services for individuals with risk factors for violence, recognizing that violence is not intrinsically a product of mental illness;

4. Reform of school discipline to reduce exclusionary practices and foster positive social, behavioral, emotional, and academic success for students;

5. Universal background checks to screen out violent offenders, persons who have been hospitalized for violence towards self or others, and persons on no-fly, terrorist watch lists.

On the third level we need:

6. A national program to train and maintain school- and community-based threat assessment teams that include mental health and law enforcement partners. Threat assessment programs should include practical channels of communication for persons to report potential threats as well as interventions to resolve conflicts and assist troubled individuals;

7. Removal of legal barriers to sharing safety-related information among educational, mental health, and law enforcement agencies in cases where a person has threatened violence;

8. Laws establishing Gun Violence Protection Orders that allow courts to issue time-limited restraining orders requiring that firearms be recovered by law enforcement when there is evidence that an individual is planning to carry out acts against others or against themselves.

   On an educational level, Recommendations #1 and #4 are either required or are consistent with the precepts in The Elementary and Secondary Education Act (ESEA/ESSA).

   On a legal level (see below), many states already have laws on the books (or are currently reviewing these laws because of the Parkland assault) that embody Recommendations #2, #5, #8.

   But I would like to add two additional recommendations.
_ _ _ _ _ _ _ _ _ _

Mandatory Reporting of a School Violence Threat (Additional Recommendation #1)

   Every state in this country (including the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands) has statutes identifying individuals who are required to report suspected child maltreatment to an appropriate agency, such as child protective services, a law enforcement agency, or a State’s toll-free child abuse reporting hotline.

   We need similar statutes—or wording added to these child maltreatment statutes—whereby those suspected of potential school violence (including students, staff, and others) are reported both to law enforcement and to community mental health agencies.
_ _ _ _ _

Mandatory Child Maltreatment Reporters

   In approximately 48 states (and in most U.S. territories), specific professionals are required to report child maltreatment.  Collectively, these professionals include:

   Social workers
   Teachers, principals, and other school personnel
   Physicians, nurses, and other health-care workers
   Counselors, therapists, and other mental health professionals
   Child care providers
   Medical examiners or coroners
   Law enforcement officers

   In a scattering of states, other legally-mandated reporters include:

   Commercial film or photograph processors
   Computer technicians
   Probation or parole officers
   Directors, employees, and volunteers at overnight and day camps, youth centers, and recreation centers
   Domestic violence workers
   Animal control or humane officers
   Court-appointed special advocates
   Members of the clergy
   Faculty, administrators, athletics staff, and other employees and volunteers at all public and private institutions of higher learning

   Significantly, some states identify any person who suspects child abuse or neglect as mandatory reporters.

   And so:

   In the recommended “Mandatory Reporting of a School Violence Threat” statute above, it is further recommended that all of the individuals listed above be included as mandatory reporters.
_ _ _ _ _

   Consistent with this recommendation, teachers, administrators, mental health, related services staff, and all other school-employed staff should be legally-mandated reporters of a potential school violence threat.

   Moreover, they should be required to internally report a potential school violence perpetrator to administrators, and to externally report the threat to law enforcement and community mental health.  Once appraised, administrators should take immediate and measured actions to assess and alleviate the threat—especially as related to potential students, staff, or other aggressors who have access to a school or school event.
_ _ _ _ _ _ _ _ _ _

Standardized Threat Analysis to Accompany a Mandatory Reporting (Additional Recommendation #2)

   Accompanying or embedded in the recommended Mandatory School Violence Reporting law and actions above, should be language that, when a potential perpetrator is reported . . .

   A mandatory multi-dimensional, multi-respondent threat assessment, (a) that conforms to field-validated standards and characteristics, (b) be completed by trained professionals within a specific period of time.  The threat analysis should be completed by relevant community-based professionals and agencies, with contributions by school-based professionals when a student or employee is involved.

   A review of the websites of the federal agencies involved in this issue (including the Department of Education, TSA, and the Secret Service), as well as a number of state education departments and related state agencies, respectively, revealed a small number of threat analysis protocols or manuals written specifically for schools and other educational settings. 

   Most of the written documents found, however, either are or cite other documents that are well over 10 years old. 

   The Colorado School Safety Resource Center (organized under the Colorado Department of Public Safety), for example, just updated (June, 2017) its 2009 Essential of School Threat Assessment: Preventing Targeted School Violence document. 

   [LINK HERE for Document.]

   While this is a good model example, many of the threat analysis protocols in this revision still cite other guides and studies from the early 2000s.
_ _ _ _ _

   The point is:  All states need to research, update, and publish valid, scientifically-based, and field-tested threat analysis protocols and manuals that reflect their laws, statutes, and mandatory standards, and their science-to-practice successes.

   In making this recommendation, I hope that this does not spark a “cottage industry” (beyond what already exists) of marketers and entrepreneurs whose interests do not lie in “the common good.”

   In the final analysis, we need effective, (re)validated practices that will protect our students, staff, schools, and communities.
_ _ _ _ _ _ _ _ _ _ 

Gun Control Laws at the State Level:  What We Already Have

   Since the Parkland shooting, the U.S. Congress (unsuccessfully, so far) and a handful of state legislatures (with varying degrees of success) have attempted to change and upgrade their gun control laws.  Critically, at this point, it appears that changes in current law are more likely to occur at the state, rather than the federal, level.

   And yet, consistent with the Second Amendment, it is also significant to note that any changes will necessarily relate to gun control, and not gun abolishment. 

   Indeed, while many states already have gun control laws on the books, the key questions right now are,

   “Are they the attaining their goals (and what are their goals)?” 

   “Do they need to be revisited and adapted to reflect the complexities of America in the 21st Century?” and

  “How do they balance and protect our unalienable rights (in the Declaration of Independence of ‘life, liberty, and the pursuit of happiness’), while simultaneous maintaining our Constitutional rights (in the Second Amendment as ‘the right of the people to keep and bear Arms’)?”
_ _ _ _ _

   Significantly, some state laws have answered these questions and maintained the third question’s balance and protection.  Below, we will briefly review the “Child Access Prevention Gun Laws” currently on the books in states across the country.

   The point of this review is to recognize that while some states need to strengthen their laws, other states already have strong laws on the books. 

   These stronger laws can be both a model for other states, and a comfort to some who do not believe that strong, preventative gun control laws can be passed.
_ _ _ _ _

Child Access Prevention Gun Laws

   Child Access Prevention (CAP) laws help to reduce preventable shootings and suicides by children and adolescents across the country by encouraging the safe storage of firearms at home, and by holding adults liable when they allow children to have unsupervised access to guns.  Research has found that millions of children live in homes with unsecured firearms and ammunition, and that this access correlates with increases in child and adolescent suicide, unintentional deaths, and deadly school shootings.

   According to the Giffords Law Center to Prevent Gun Violence, there are no CAP laws at the federal level.  Nonetheless, current Federal law makes it unlawful for any licensed importer, manufacturer or dealer to sell or transfer any handgun unless the transferee is provided with a “secure gun storage or safety device.”  Federal law also immunizes the lawful owner of a handgun who uses a secure gun storage or safety device from certain civil actions based on the criminal or unlawful misuse of the handgun by a third party.

   At the state level, as of Fall 2017, 23 states do not have CAP laws.  At the same time, the different states that do have CAP laws (since 1990) have reported notable reductions in gun-related suicides and unintentional firearm deaths and injuries of children and adolescents. 

   State CAP laws vary. According to the Giffords Law Center [CLICK HERE],

“The strongest laws impose criminal liability when a minor is likely to gain access to a negligently stored firearm regardless of whether the minor actually gains access (California). The weakest merely prohibit certain persons, such as parents or guardians, from directly providing a firearm to a minor (Utah). There is a wide range of laws that fall somewhere between these extremes, including laws that impose criminal liability for negligently stored firearms, but only where the child uses the firearm and causes death or serious injury. Weaker laws impose penalties only in the event of reckless, knowing or intentional conduct by the adult. State CAP laws also differ on the definition of ‘minor.’”
_ _ _ _ _

   From a “numbers perspective,” here is a quick overview:

   * Fourteen states and the District of Columbia have laws that impose criminal liability on persons who negligently store firearms, where minors could or do gain access to the firearm. 

   * Eight states impose criminal liability for allowing a child to gain access to a firearm, regardless of whether the child uses it.  An additional seven states affix criminal liability only when a child accesses and uses a firearm, for example, in a threatening manner, for a crime, or to cause death or serious injury

   * Hawaii, Massachusetts, and the District of Columbia impose criminal liability for the negligent storage of a firearm even if it is unloaded.  Massachusetts requires that all firearms be stored with locking devices in place to prevent accidental discharge. 

   * Finally, different states allow several exceptions to their child access prevention laws. 

   Once again, according to the Giffords Law Center,

The most common exception applies where the firearm is stored in a locked container (California, Connecticut, District of Columbia, Florida, Hawaii, Illinois, Iowa, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, and Texas). Another common exception applies where the minor gains access to the firearm via illegal entry of the premises (California, Connecticut, District of Columbia, Florida, Hawaii, Illinois, Iowa, Maryland, Minnesota, New Hampshire, New Jersey, North Carolina, Rhode Island, and Texas). Other exceptions include cases where the firearm is used for hunting, sport shooting or agricultural purposes, where the minor uses the gun in defense of self or others, where the firearm is used to aid law enforcement, or where the child has completed a firearm safety course.
_ _ _ _ _

Mental Health Reporting Laws in the United States

   While there are federal laws that prohibit the sale of firearms to individuals with a history of mental illness, many of these laws have loopholes and voluntary provisions that can result in gun purchases and/or access to weapons by those with significant mental health concerns.

   Indeed, federal law does not require states to report individuals who are dangerous and/or with a history of mental illness to the federal or state agencies that perform background checks for gun purchases.  Moreover, many states do not voluntarily report these individuals to the FBI’s National Instant Criminal Background Check System (NICS). 

   NICS consists of four federal data-bases.  Two of them contain records that may disqualify someone from possessing a firearm as a function of their mental health or developmental disability history or status.

   This is not a privacy issue.  NICS only identifies individuals by name, birth date, and other demographic indicators.  It does not identify individuals by diagnosis, or with any other clinical information or data.
_ _ _ _ _

   From a state law perspective, 43 states have firearm purchase background check laws that require or authorize specific individuals to report an individual with mental health issues to NICS.  An additional four states require the reporting to go to a state data-base.

   Significantly, however, most of the state mental health reporting laws limit a “mental health concern” to individuals who have been committed to a state mental health inpatient stay under certain circumstances.

   In addition, for those states with required reporting laws, the time period for reporting an individual with mental health concerns ranges from “immediately,” to 25 to 30 days, to “promptly” or “in a timely manner.”
_ _ _ _ _

   Implications for Schools and School-Aged Students.  At some point, in a re-review of existing (or new) state laws, the issue of when, how, by whom, and which students with mental health concerns should be reported either to NICS or to a state data-base.  Somewhere in this determination, each state will need to consider these students’ “age of consent,” or the “age of majority” (i.e., adulthood).

   Clearly, all of this is very complicated—especially when state laws differ across the many variables relevant to gun ownership, access, and possession.  While it would be “simpler” to have universal, federal laws in this area, history has demonstrated that this is not simple at all.
_ _ _ _ _ _ _ _ _ _

Summary

   After so many gun-related deaths, injuries, and other incidents, all of us—parents, community members, educators, other professionals, citizens—need to decide how to “do our part” to prevent future events.  While some of us will communicate with our elected officials, others will take more personal— sometimes, unseen— steps.

   Clearly—as discussed in the two Blogs in this series, we need to address the availability of guns to children and adolescents, the types of guns that have been used against students and school staff, how those who are potential threats—including those with mental health issues—are assessed and reported, and how to address the root causes of past events so that future attacks are prevented.

   While this is a daunting task, I have tried to demonstrate that we do have laws and systems in many states that can be used as models, and to remind us that the task is not impossible.
_ _ _ _ _

  For now, I again recommend that districts and schools complete an immediate audit of the areas discussed in these two Blogs, and independently take the steps needed to protect themselves.

   As noted, there are multi-faceted and multi-layered solutions that are in place in some schools, but that must be present and successfully implemented in all schools . . . even as we wait for the federal and state legal decisions and changes that will hopefully strengthen and complement these here-and-now actions.

   We can’t prevent every school shooting.  But we can prevent the vast majority of them.  We need to prevent the violence that we can, and take every step possible to minimize the effects of those that can’t be fully prevented.
_ _ _ _ _

   I hope that this information has been useful to you.  Regardless of your political position on the issues discussed, I know that we all agree that we need to protect our students, make our schools safe, and address the needs of those who are vulnerable among us.

   Let’s use this common belief as the foundation of our continued discussions.  Let me know how I can assist you in this charge.  I am always available by e-mail or conference call.

Best,

Howie