Introduction

Recent bomb threats and other acts of violence in schools have increased awareness concerning the importance of response actions and coordination among school officials, law enforcement officials, and local emergency management officials. This guideline provides clarification regarding the roles of educators,  staff, and  law enforcement  officials  related  to  bomb  threats  in schools.  This  document should be used as a guide in the development  of the section of the building-level school safety plan which addresses bomb threats.

Proper planning and prudent actions are necessary to protect the safety of students and staff. Therefore, it is critically important that school officials have a consistent, unified plan of action to deal with the threat of bombs and explosive materials in schools. Section 155.17 of the Commissioner's Regulations requires schools to maintain school safety plans to ensure the safety and health of children and  staff  and  to  ensure  the  integration  and  coordination  with  similar  emergency  planning  at  the municipal, county, and State levels. Each plan shall be reviewed by the appropriate school safety team on at least an annual basis, and updated as needed by July 1 in accordance with Commissioner's Regulations. Planning for a bomb threat is clearly an emergency, which must be included within the building-level school safety plan(s).

School Bomb Threats

A bomb threat, even if later determined to be a hoax, is a criminal action. No bomb threat should be treated as a hoax when it is first received. The school has an obligation and responsibility to ensure the safety and protection of the students and other occupants upon the receipt of any bomb threat. This obligation must take precedence over a search for a suspect object. Prudent action is dependent upon known information about the bomb threat - location, if any; time of detonation; etc. If the bomb threat is targeted at the school parking lot or the front of the school, building evacuation may not be an appropriate  response.  If  the  bomb  threat  indicates  that  a  bomb  is  in  the  school,  then  building evacuation is necessary unless the building has been previously inspected and secured as described in these guidelines. (see subheading "Sheltering in Sanitized and Cleared Areas" of this regulation)

The decision to evacuate a building or to take shelter is dependent upon information about where the bomb is placed and how much time you have to reach a place of safety. Prudent action dictates that students and other occupants be moved from a place of danger to a place of safety. Routes of egress and evacuation or sheltering areas must be thoroughly searched for suspicious objects before ordering an  evacuation.  Failure  to  properly  search  evacuation  routes  before an  evacuation  takes  place  can expose students and staff to more danger than remaining in place until the search has taken place. Assistance is available from local police agencies and the New York State Police to train staff to check evacuation routes.

Police Notification and Investigation

A bomb threat to a school is a criminal act, which is within the domain and responsibility of law enforcement  officials.  Appropriate  State,  county,  and/or  local  law  enforcement  agencies  must  be notified  of  any  bomb  threat  as  soon  as  possible  after  the  receipt  of the  threat.  Law enforcement officials will contact, as the situation requires, fire and/or county emergency coordinators according to the county emergency plan.

Police  agencies,  provided  they  have  the  proper  resources  available,  may  conduct  building searches with the permission of the school official responsible for the building. Itis not unusual during a   bomb  threat  for  police  officers,  when  present,  to  request  volunteer  assistance   from  school employees.  People  who  can  be the  most  helpful  in looking  for  suspicious  objects  are  the school employees themselves. This is due to the fact that employees may be able to quickly recognize objects which do and do not belong in the building. A stranger to the building does not have the advantage of the employee in conducting this type of building search.

Itshould be noted that the search for something unusual does not involve touching or handling the  suspect  object.  Only  specified  and  highly  trained  law  enforcement  officials  are  authorized  to handle  the  suspect  object  when  located.  School  officials  and/or  employees  are  not  trained  or authorized to touch, handle, or move any suspected explosive device. Law enforcement officers, upon finding suspicious objects, will call for appropriate bomb technicians.

School officials should be aware that law enforcement agencies  generally do not initially send out bomb sniffing dogs and/or trained bomb technicians until a suspect device is located. Itshould also be  noted  that  bomb-sniffing  dogs  have  a limited  time  of  efficiency  so  that their  use  is carefully considered.

Receiving Threatening Information

Anyone  receiving  information  about  a  bomb  threat  -  by  way  of  telephone,  written  note,  or through observing  a suspicious  object, must immediately  notify the school building administrator  or his/her designee, as described in the applicable building-level school safety plan(s). School personnel should  not try  to determine  if a telephoned  bomb threat or suspicious  package or letter is a hoax. School personnel must proceed as if the threat is real. Bombs can be constructed to look like almost anything.  Most  bombs  are  homemade  and  the  probability  of  finding  a  bomb  that  looks  like  a stereotypical  bomb is almost nonexistent.  Therefore, the administrator  or designee is to notify local law enforcement  officials and initiate the planned actions to move all occupants out of harm's way. Bomb threat information is not to be treated as a hoax and an official search must be conducted.

Written Bomb Threats

If a written bomb threat is received, the handling of the note and its envelope should be kept to an absolute minimum since it will be used as evidence in the criminal investigation. Fingerprints will be taken from the note to help determine its source. If the note is contaminated with the fingerprints of the recipients, the value of this evidence will be significantly compromised.

Mail Bombs/Suspicious Packages

Mail  bombs  have been contained  in letters,  books,  and  parcels of varying  sizes, shapes,  and colors. The New York State Police and the Federal Bureau of Alcohol, Tobacco, and Firearms have provided the following characteristics and instructions regarding mail bombs.

1)     Letter bombs may feel rigid, appear uneven or lopsided, or are bulkier than normal.

2)     The container is irregularly shaped, asymmetrical, and has soft spots and bulges.

3)     There may be oil stains on the wrapper. The wrapper may emit a peculiar odor.

4)     The  package  may  be  unprofessionally  wrapped  and  be endorsed  with  phrases  such  as "Fragile--Handle with Care", "Rush-- Do Not Delay", "To Be Opened in the Privacy of  ","Prize Enclosed", or "Your Lucky Day is Here."

5)     There may be cut and paste lettering on the address label.

6)     The package may have no postage or non-cancelled postage.

7)     The package may exhibit protruding wires, foil, string, or tape.

8)     The package may emit a buzzing or ticking noise.

9)     A suspect letter or package may arrive immediately before or after a telephone call from an unknown person asking if the item was received.

If you suspect a letter or package of being a bomb:

1)      Do not open or squeeze the envelope or package.

2)       Do not pull or release any wire, string, or hook.

3)      Do not turn or shake the letter or package.

4)       Do not put the letter or package in water or near heat.

5)      Do not touch the letter or package, thereby compromising fingerprint evidence.

6)      Do move people away from the suspected envelope or package.

7)      Do  notify  the  State  and/or  local  police,depending  on  which  law  enforcement  agency covers your geographic area.

8)      Do activate your building-level school safety plan(s) for dealing with bombs.

4)      Occupants   are  to  proceed   to  the  designated   safe  evacuation   assembly   area.  After accounting for all students and staff, the Principal will determine next steps, as the situation requires.  Designated  evacuation   areas  should  not  be  located  near  areas  of  incoming emergency responders. Open play fields, removed from the activity, are suitable evacuation assembly areas.

5)     The  Superintendent/Principal   should  designate  an  easily  accessible  location  and  known position as a command post for coordination with emergency responders and receiving information and communications related to the incident.

Evacuation of Students, Staff and Teachers with Disabilities

School  safety  plans  must  provide  evacuation  procedures  for  all  persons  with  disabilities. Assigned  responsibilities   and  procedures  to  assist  those  individuals  with  disabilities  should  be identified in the school safety plan(s). Local emergency responders must be familiar with the school's plan for persons with disabilities and the school safety plans as a whole.

Evacuation Areas

Evacuation  areas  must  be  identified  in  the  school  safety  plans.  School  safety  plans  should address procedures for informing parents and/or guardians of actions to protect and provide safety for their children. Teachers and staff should know the location of evacuation areas where students will be taken, if necessary, during emergencies until dismissal time and/or parental/guardian pick-up. Students and parents should only be notified of that location, as needed, due to security considerations and confidentiality.

Weather Conditions and Evacuation

The  possibility  always  exists  that  students,  faculty  and  staff  may  have  to evacuate  a  school during inclement  weather  conditions.  School safety  plans should address  procedures  for prolonged outdoor  exposure.  Students  must  not  be  permitted  to  access  their  lockers  to  obtain  their  coats. Therefore, administrators at each school must determine how best to provide temporary shelter should the time outside be prolonged.

This option may not be reasonable during other times. If the school administrator chooses to enact the prudent procedures outlined below, and there is reasonable accountability for ensuring the safety of students and other building occupants, then evacuation is not required. This approach may also be particularly helpful in the event of multiple bomb threats or bomb threats directed at all schools in a county, BOCES, or School District.

School administrators who choose this option must ensure that all steps for ensuring the security of the building are followed  completely.  Local law enforcement  officials  and the New  York State Police are available for consultation in preparing such a plan and for training school staff on screening techniques.

1)     Staff must be assigned to do a "walk-through"  of the buildings and grounds  prior to the arrival  of students  in the  morning  to assure  that  there are  no suspicious  objects  in the building.

2)       Staff  who  complete  the  "walk-through"  must  report  findings  to  the  School  Principal.

Monitors  must  also  be  assigned  to  walk  around  the  outside  of  the  building  if  State examinations are being administered.

3)     A single  point of entry to each building  for students  and staff must be established,  and monitored by a school official.

4)       School staff must monitor all exits.

5)     In the case of State examinations,  students must not be admitted to the building for a State examination more than thirty (30) minutes before the start of that examination.

6)      Students may only be admitted to the building after passing through a checkpoint to ensure that  they  are  bringing  with  them  only  lunch/snacks  and  other  preapproved  items.  This includes items such as inhalers (for medical purposes), pens, pencils, and specific materials appropriate  to  the  exam,  such  as  a  calculator  or  a  compass.  Student  book-bags  and knapsacks must be inspected. Itmay be appropriate to send a notice home prior to the event to clearly state that book-bags will not be permitted for that particular event.

7)     During  State  examinations,  exam  locations  are  to  be  clearly  marked.  Except  in  those schools where regular interaction  is occurring  during the exam period, students  must be allowed only in the specific areas of the building where the exams are being administered.

8)      All lockers, including unassigned lockers, must have locks.

9)       A reporting procedure must be in effect for sighting any unusual object or behavior.

10)   Parking adjacent to buildings is not permitted.

11)   In the event it is necessary to evacuate the building, the steps outlined in the preceding sections must be followed.

In summary, evacuation is not required provided the building and grounds have been "cleared" at the start of the day and continually monitored throughout the day. Please note that if the procedures are not completely and correctly put into effect, then the building must be evacuated to a "sanitized and cleared" area or completely evacuated upon the receipt of a bomb threat.

State Examinations

If it is necessary to evacuate the building during State examinations, the students must not be allowed to talk to each other and they must be given extra time when they return to the examination to compensate for the time lost during the evacuation process. School personnel are advised to refer to page 16, item 7 - Emergency Evacuation of a School Building, in the booklet entitled, "Regents Examinations, Regents Competency Tests,and Proficiency Examinations, School Administrator's Manual (Spring 1996 edition)."

Sheltering in the School -- Potential Explosive Device Outside the Building

A bomb threat which indicates that an explosive device is in a car, in the school parking lot, or somewhere else outside of the building, requires that building occupants remain inside the building. Building occupants should be moved to areas within the school which are free of glass, such as gymnasiums and auditoriums. Persons outside the building in parking lots, playgrounds, etc. should be moved further away or to a location that takes students out of harm's way. The New York State Police advise that there be at least one thousand (1,000) feet between individuals and the suspected area of a bomb.

Preventive Measures Checklist

Depending upon the needs of a School District, policies, procedures, and informational materials should be developed to discourage the reporting of any incident designed to threaten life and property, such as a bomb threat. Preventive measures may include the following:

1)      Install a Caller ID System on school telephone lines and/or tape record incoming calls.

Arrange to have the local telephone company provide for the immediate tap and trace of a

telephoned bomb threat. (Cell phones are traceable.)

2)       Install a video camera in places where public telephones are located.

3)      Make all employees responsible for scanning their areas of work for suspicious objects.

4)       Establish an immediate  reporting system for students  and staff to report the presence  of

"strangers" in the building and/or unusual or suspicious objects.

5)      Establish a policy whereby all "lost time" due to disruptive hoaxes will be made up.

6)      To ensure testing  integrity,  develop  contingency  plans for  bomb scares  during times  of academic examinations.

7)      Train all persons in a school who would generally be the first recipient of a telephone bomb threat. Training should include the procedures established  by the New York State Police. Law enforcement agencies are a good training source.

8)      Conduct assembly programs on school safety plan procedures.

9)      Invite law enforcement personnel to discuss the legal implications of calling in false alarms and bomb threats with students and staff.

10)   Use trash receptacles of the wire basket type with clear plastic bags as liners.

11)   Lock unassigned lockers with school locks turned backwards to identify those not occupied by students.

12)   Lock custodial closets and rooms that are not occupied in order to limit access.

13)   Keep lobby areas free of trash receptacles (other than wire mesh) and furniture that would allow for placing objects out of view.

14)   Replace telephone booths with wall telephones.

15)   Reconfigure display cases so as to prevent easy placement of explosive devices above or beneath them.

16)   Place fire extinguishers in recessed areas with extinguishers in glass containers that require breakage to be used.

17)   Eliminate  parking  areas immediately  adjacent to the building, except  for official school vehicles.

18)   Have school health and safety committees  discuss  with the State Police or the local law enforcement agency other measures to ensure the building security.

School Employee Involvement

To prepare for school emergencies such as a bomb threat, schools may form teams of volunteers from  administration,  faculty  and  staff  to  assist  in looking  or  sweeping  a  building  or  grounds  for suspect objects. Volunteer school teams familiar with the building would shorten the time needed to look for suspect items. Prior to an emergency incident, school officials should make certain volunteer personnel are trained and aware of their responsibilities  and are willing to carry out such activities. School employees who volunteer or by job duty are assigned to assist should have access to building keys, floor plans, and information about shut-off valves for heat, electricity, and water.

Reporting Bomb Threats

School officials must inform parents and guardians as soon as possible of an incident that results in the activation of the applicable school safety plan(s),  along with actions taken to protect the safety and well-being of students, staff, and property.

Section 155.17(h) of the Commissioner's Regulations requires that Superintendents not in a Supervisory District are to notify the State Education Department as soon as possible whenever the District-wide  school  safety  plan or building-level  school safety  plan is activated  and results  in the closure of a school building in the District. A Superintendent of a school within a Supervisory District is to notify the BOCES District Superintendent as soon as possible whenever such school safety plans are activated and result in the closure of a school building. The BOCES District Superintendent is to notify  the. State Education  Department  of all school  building  closures  not related to routine  snow emergencies.

Regulatory Basis for School Bomb Threat Actions

Section 155.17 of the Commissioner's  Regulations requires BOCES and School District Boards of Education to prepare and annually update the school safety plans as enumerated in law and Commissioner's  Regulations  to  ensure  the  safety  and  health  of  children  and  staff,  and  to  ensure integration and coordination  with local, county, and State emergency plans. This Plan further requires annual instruction and drills to ensure its effectiveness. In updating the school safety plans, conducting drills   and  training,   and  providing   education   and  notification,   the  following   issues  should   be considered:

Schools need to educate the entire school community about the seriousness and penalties of reporting a false bomb threat. Information should be disseminated informing students and employees that the mere reporting of a false bomb threat is a crime that may result in imprisonment and/or civil penalties being imposed against the individual. When a person reports a false bomb threat on school grounds, they commit a crime that is punishable by up to seven (7) years imprisonment and a fine of up to five thousand dollars ($5,000). (Falsely Reporting an Incident in the First Degree: Section

240.60 subsection 5 of the New York State Penal Law: Class "D" Violent Felony).

Recently, laws dealing with this issue have been expanded to include instances where someone places a device fashioned to resemble or contain a bomb on school grounds, when in fact it is an inoperative facsimile or imitation. In these circumstances, a person would also be guilty of a crime punishable by up to seven (7) years imprisonment and a fine of up to five thousand dollars ($5,000). (Placing a False Bomb in the First Degree: Section 240.62 of the New York State Penal Law: Class "D" Violent Felony).