Suicide rates among adolescents have risen sharply in the past several years, and now are the second to third leading cause of death among individuals in that age group. The rise in American teenagers’ internet use, mobile phone accessibility and use, and social networking use correlates with the rise in teenagers’ suicidal ideation and suicide attempts. The most recent national Youth Risk Behavior Survey Trends in the Prevalence of Suicide-Related Behavior 2014 indicates that the percentages of high school students who reported having seriously considered attempting suicide during the 12 months before the survey increased from 13.8% in 2009 to 17% in 2013, a 23% rise. Similarly, the percentages of students who reported having actually attempted suicide during that time period increased from 6.3% in 2009 to 8.0% in 2013, a 27% rise.
Act 71 and PDE’s Model Policy
Recognizing the extent of the problem, and simultaneously recognizing the positive part that schools could play in stemming the tide of adolescent suicides, the Pennsylvania legislature amended the Public School Code by enacting Act 71, which was signed into law on June 26, 2014. Act 71 requires all school entities in Pennsylvania, including districts, charter schools, Intermediate Units, and Vocational-Technical schools, to develop and adopt suicide awareness and prevention policies, and to implement staff development and training at all entities serving grades six through twelve. On June 30, 2015 the Pennsylvania Department of Education (PDE) released its Model Policy on Youth Suicide Awareness and Prevention, as well as an accompanying Administrative Regulation. The Administrative Regulation makes clear that the model policy is a reference for school entities to use in developing their own unique policies, which must be in place beginning with the 2015-2016 school year.
PDE’s Model Policy reinforces elements that most school districts already have in place, such as statements of their commitment to maintain a safe school environment and ensure the safety and welfare of students, and formation of crisis response teams. However, the model policy includes nuances regarding the required staff development for suicide awareness and prevention. For example, all school personnel must receive a minimal level of suicide awareness and prevention education, but each school entity must also include in its formal Professional Development Plan mandatory four hours of training on suicide awareness and prevention every five years for all professional staff in the buildings serving grades six through twelve. Students must also receive age-appropriate suicide awareness training, which may be delivered in health education classes.
PDE’s Model Policy extends to all school personnel the responsibility to refer for further assessment and intervention any student whom they identify as exhibiting risk factors or warning signs for suicide, or any indication that a student may be contemplating suicide. The referral process must be in accordance with the school entity’s referral process, creating the implied mandate that the school entity create a defined referral protocol, including calling County Emergency services if the student is identified after school hours. Referral protocols and memoranda of understanding (MOU) with county agencies may need to be developed with the help of the school entity’s legal counsel.
The PDE model policy also includes specifics that allow disclosure of student’s confidential communications to school personnel under certain circumstances, mandates immediate parental notification for any student at risk of suicide, and even details possible involuntary mental health assessment of the at-risk student if parents refuse to cooperate. The intersection of these disclosures with the Federal Educational Rights and Privacy Act (FERPA) regulations must be considered.
The Administrative Regulation accompanying the Model Policy details protocols for staff development on suicide awareness and prevention, including a notation that suggests better outcomes when staff development occurs over time, rather than in one extended training. This is immediately relevant, considering that the Act 71 mandate is for professional staff to receive four hours of suicide prevention training over a five-year time span. The Regulation lists risk factors and warning signs for suicidal behavior, mandated interventions, and community outreach in cases where school referral is not possible. The Regulation also briefly details procedures for the crisis response team to facilitate a student’s return to school after a suicide attempt.
A Double-Edged Sword
The requirement of adopting a policy such as the PDE Model Policy on suicide awareness and prevention has the potential to stem the tide of adolescent suicides, but it also has a downside and a caution for school entities. The caution is that any policy that is adopted must be implemented with fidelity, or it cannot accomplish its goal. The downside is that, if not adopted and implemented, such a policy can be a tool for a plaintiff’s attorney to use against a school entity.
Parents’ lawsuits against school districts for failing to prevent their student’s suicide have been repeatedly litigated. Most courts have ruled that student suicides are a superseding and intervening force that breaks the connection between the school entity’s action or inaction and the student’s injury. However, in Wyke v. Polk County School Board, the court ruled that high school student Shawn Wyke’s suicide was foreseeable and that the School Board was guilty of negligence. The school entity that has a suicide awareness and prevention policy but does not follow that policy may be accused of deliberate indifference to the danger that a student might commit suicide. Moreover, even if the school district prevails and avoids a verdict of negligence, litigation costs are onerous.
Bottom Line
Consideration and analysis of PDE’s Model Policy is just a first step. Each school entity is different and has different needs. For example, staff development needs will depend on the results of a needs assessment survey to assess current levels of staff, student, and community competency and comfort with suicide awareness and prevention strategies. PDE’s Model Policy contains no post-vention strategies. The effects of a student suicide are far-reaching and persistent. School entities will need to adopt post-vention strategies for reducing the possibility of suicide contagion, the so-called “copycat suicides” that occur when a popular student or teen idol commits suicide. In addition, PDE’s Administrative Regulation contains only a brief mention of facilitating a student’s return to the school entity after a suicide attempt. School entities must develop protocols to create an individual re-entry plan for students who may need extra tutoring or assistance with medication. If you have any questions, contact your legal counsel or one of the education law attorneys at KingSpry.
KingSpry will host a free lunch workshop on August 21, 2015 on this topic. Click here for registration information.
School Law Bullets are a publication of the KingSpry Education Law Practice Group. John E. Freund, III, is our editor. The article is meant to be informational and does not constitute legal advice.
