ICHABOD CRANE 8130.1
EXTREME RISK PROTECTION ORDERS
(The “Red Flag Law”)
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 expected to report their concerns to the Building Principal or his/her designee. This is in keeping with employees’ general responsibility for student safety, as well as their own interests for maintaining a safe working and learning environment.
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 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.
If the Building Principal or his/her designee is absent from the building, the Superintendent of Schools will be the main point of contact to report concerns.
When a Building Principal or his/her designee (or the Superintendent of Schools should the Building Principal or his/her designee be absent from the building) 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. The Superintendent will contact the school attorney, and both will assist the Building Principal in determining the appropriateness of petitioning the court for an extreme risk protection order.
When determining whether it is appropriate to petition the court for an extreme risk protection order, the district may consider, among other things, the following factors as they relate to the student:
- Threats or acts of violence or physical force made against him/herself or another person;
- Violating or allegedly violating orders of protection (i.e., restraining orders);
- Pending criminal convictions or charges involving weapons;
- Recklessly using, displaying, or brandishing a firearm, rifle or shotgun;
- Violating previous extreme risk protection orders;
- Evidence of recent or current drug or alcohol abuse; and
- 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: the Superintendent, teachers, school guidance 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).
Under Education Law section 3023, the district must defend and indemnify employees against lawsuits for negligence, accidental bodily injury or property damage where the employee is performing his/her duties within the scope of employment.
The Superintendent or his/her 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.
Cross-ref:
5300, Code of Conduct
8130, School Safety Plans and Teams
Ref:
Civil Practice Law and Rules Article 63-A
Education Law §3023
Effective Date: March 3, 2020