5156 Extreme Risk Protection Orders (The "Red Flag Law")

Adoption Date: 03/19/2019
5000 - Students
Welfare 5156 Extreme Risk Protection Orders (The "Red Flag Law")
 
The Board of Education recognizes the importance of protecting the health, welfare and safety of students, staff and visitors on school grounds and/or at school events.  Acts and/or threats of violence against students, school personnel and/or school property will not be tolerated whether or not such threats occur on school grounds or during the school day.

Extreme risk protection orders are court orders that restrict the ability of a person, who is judged likely to engage in conduct that would result in serious physical harm to him/herself or others, to purchase or possess firearms, rifles or shotguns, or attempt to do so.

Under state law, Building Principals are permitted to petition the state Supreme Court for extreme risk protection orders for students currently enrolled in their building, or students who were enrolled in their building in the six months immediately before filing the petition (referred to in this policy as “currently-enrolled” and “recently-enrolled” students, respectively). 

When district staff members have reason to believe, either personally or through information received by others, that a currently-enrolled or recently-enrolled student is likely to engage in conduct that would result in serious physical harm to him/herself or others, they are encouraged to report their concerns to the Building Principal or his/her designee.  Any other person, including but not limited to students, parents, and community members, may also bring their concerns to the Building Principal or his/her designee.  If the Building Principal or his/her designee is absent from the building, the Superintendent of Schools, or Director of Pupil Personnel Services in his absence, will be the main point of contact to report concerns.

When a Building Principal receives concerns from persons under this policy, or has his/her own concerns about a student, he/she must immediately notify the Superintendent of Schools or designee.  The Superintendent or designee will contact the school district attorney, and both will assist the Building Principal in determining the appropriateness of petitioning the court for an extreme risk protection order.
In making the determination whether it is appropriate to petition the court for an extreme risk protection order, the district will consider, among other things, the following factors as they relate to the student:

  1. Threats or acts of violence or physical force made against him/herself or another person;
  2. Violating or allegedly violating orders of protection (i.e., restraining orders);
  3. Pending criminal convictions or charges involving weapons;
  4. Recklessly using, displaying, or brandishing a firearm, rifle or shotgun;
  5. Violating previous extreme risk protection orders;
  6. Evidence of recent or current drug or alcohol  abuse; and
  7. Evidence that the student has recently acquired a firearm, rifle, shotgun, other deadly weapon (including but not limited to knives, clubs, and metal knuckles), dangerous instrument (including items capable of causing death or serious physical injury, when used for that purpose), or ammunition.
Additionally, the Building Principal is directed to contact local law enforcement, in accordance with the Code of Conduct, district-wide school safety plan, and building-level emergency response plan.

In consultation with the Superintendent and school district attorney, the Building Principal may designate, in writing, certain other employees at that school to petition the court for the extreme risk protection order.  Such employees include: teachers, school counselors, school psychologists, school social workers, school nurse, any other personnel required to hold a teaching or administrative license or certificate, and certain coaches (those who are full- or part-time paid employees required to hold either a temporary coaching license or professional coaching certificate).

The Superintendent or designee is directed to take appropriate steps to notify district staff of the provisions of this policy.  This includes ensuring that employees are trained and knowledgeable about when and how to properly utilize the law to best protect the school from violence.  Staff will be notified of who is designated to file extreme risk protection orders in the building or district.

In accordance with Education Law section 3023, the district will defend and indemnify employees against lawsuits for negligence, accidental bodily injury or property damage where the employee is performing duties within the scope of his/her employment.
 
Cross-ref:        
5300, Code of Conduct
8130, School Safety Plans and Teams

Ref:     
Civil Practice Law and Rules Article 63-A
Education Law §3023
New York State Unified Court System (nyscourts.gov – Forms & Instructions – Application for an Extreme Risk Protection Order)

BACK TO POLICY SERIES