When Threat Assessment Becomes Disability Discrimination: Lessons from the U.S. Department of Justice
- Mary Patton
- Jul 11
- 4 min read
When most parents hear the phrase behavioral threat assessment, they assume it is reserved for the rare student who poses a serious danger to themselves or others.
But what happens when threat assessments are repeatedly used on students whose behaviors are actually manifestations of their disabilities?
That question was at the center of a major investigation by the U.S. Department of Justice involving the Pasco County School District in Florida.
The resulting Settlement Agreement is more than just an agreement with one school district. It serves as an important roadmap for how schools should ensure that students with disabilities are treated fairly during discipline, threat assessments, and referrals to law enforcement.
What Did the Department of Justice Investigate?
In 2024, the DOJ opened an investigation into whether the district’s practices denied students with disabilities equal access to education.
The investigation examined student discipline, behavioral threat assessments, referrals to law enforcement, and involuntary mental health evaluations.
After reviewing policies, student records, data, emails, and conducting interviews and site visits, the Department concluded that the district had failed to make reasonable modifications for students with disabilities and that its policies had the effect of discriminating against those students under Title II of the Americans with Disabilities Act. The district entered into a settlement without admitting liability.
The Problem Wasn’t That Schools Responded to Safety Concerns
The Department did not say schools should ignore dangerous behavior.
Instead, it found that disability-related behaviors were not always being viewed through the appropriate special education lens before schools resorted to exclusionary discipline, threat assessments, or law enforcement involvement.
Students with disabilities often communicate frustration, anxiety, or emotional dysregulation differently than their peers. Federal disability law requires schools to consider whether those behaviors are related to the student’s disability and whether additional supports or reasonable modifications are needed.
What Did the Settlement Require?
1. Schools must consider disability before discipline.
The district agreed to revise its discipline policies so administrators must consider a student’s disability, determine whether reasonable modifications are necessary, and document those decisions before imposing exclusionary discipline whenever possible.
2. Threat assessment teams must include disability expertise.
Threat management teams are required to include personnel who understand the student’s disability and its relationship to the alleged behavior.
The team must consider whether the student has a disability, whether the behavior is related to that disability, whether accommodations and supports were implemented, and whether reasonable modifications could appropriately address the behavior.
3. Parents must have a voice.
Parents must have an opportunity to provide information regarding disability-related behaviors, communication needs, supports, and accommodations. If reasonable modifications can appropriately address the behavior, the threat assessment process should be discontinued and those modifications provided instead.
4. Functional Behavioral Assessments and Behavior Intervention Plans matter.
Schools should consider conducting or updating FBAs and BIPs after repeated discipline, threat assessments, law enforcement referrals, or mental health crisis events. The focus shifts from punishment to understanding why behavior is occurring and what supports are needed.
5. Schools should monitor data for disability disparities.
Administrators must analyze discipline, threat assessments, law enforcement referrals, and involuntary mental health evaluations to determine whether students with disabilities are disproportionately represented and take corrective action if disparities exist.
Why This Matters Beyond Florida
Although this agreement applies specifically to one Florida school district, it reflects how the U.S. Department of Justice interprets federal disability law under Title II of the ADA. It emphasizes that students with disabilities should not be subjected to different treatment because disability-related behaviors are misunderstood. Schools should consider disability, provide reasonable modifications, involve parents, coordinate with IEP and Section 504 teams, and use behavioral supports before relying on exclusionary responses whenever appropriate.
Questions Every Parent Can Ask
• Was my child’s disability considered?
• Were my child’s IEP or Section 504 accommodations being implemented?
• Was the behavior a manifestation of the disability?
• Was the IEP team informed?
• Should an FBA or BIP be developed or revised?
• What reasonable modifications were considered before disciplinary or law enforcement action?
Final Thoughts
The Pasco County settlement highlights a broader principle: students with disabilities should not be viewed solely through the lens of discipline or school safety. Their disability-related needs, legal protections, and individualized supports must be part of the conversation.
School safety and disability rights are not competing goals. When schools understand a student's disability, implement appropriate supports, and involve families in decision-making, they can promote both safe learning environments and equitable educational access.
Note: The Pasco County settlement applies specifically to that Florida school district. However, because it was issued by the U.S. Department of Justice under Title II of the ADA, it provides important insight into how the Department interprets federal disability law when evaluating school discipline, behavioral threat assessments, law enforcement referrals, and involuntary mental health evaluations involving students with disabilities.
References
U.S. Department of Justice. Settlement Agreement Between the United States of America and the Pasco County School District
U.S. Department of Justice. Letter of Findings to the Pasco County School District
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