As preparations are in progress for the start of a new school year, the unfortunate reality is that districts will need to respond to school safety issues throughout the year, including “terroristic threats.”

As a reminder, Texas Educ. Code section 37.113 requires districts to notify families of a bomb threat or terroristic threat at a campus or district facility where students are present.  The notification must be provided “as soon as possible” and must be provided to the parent or guardian to each student who is assigned to the threatened campus or district facility or who regularly uses the facility.  The Texas Education Code provides as follows:

A school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable.

               Tex. Educ. Code §37.113

What Is a “terroristic threat”?   According to the Texas Penal Code, a terroristic threat is when a person threatens to commit an offense involving violence to any person or property with intent to place any person in fear of imminent serious bodily injury.

What are examples of a terroristic threat?  A student is found to have a “hit list,” that includes students she does not like; a student lashes out against an AP and shouts out, “I am going to shoot up the whole school”; a student is found sending Snapchat pictures of herself in the gym bathroom holding a gun and threatening to get even with the coach.  

Each examples includes (i) a threat to commit an offense involving violence, (ii) to a person or property, and (iii) with intent to place a person in fear of imminent bodily injury.

How soon must a district provide the required notifications?  “As soon as possible” is not defined. Often when these safety events occur, district investigations, threat assessments, and student disciplinary issues may take time, or the threat occurs at the end of the day.  Best practice, however, is to try to get the notification out before parents /guardians here about the incident from students, social media, or another source. To be prepared, it is a good practice to keep a notification form available to so that you do not have to write the notification at a time when you are under a stressful situation.

A sample notification is provided below:

If you have safety and security issues that arise during the school year, attorneys at Leon | Alcala are available to assist you when you need us.

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