Overview

On average, 123 people die by suicide each day in the United States.[1] Tragically, suicide is the second leading cause of death for children ages 10 to 14 and the third leading cause of death for persons ages 15 to 24.[2] Ninety-four percent of adults surveyed believe that suicide can be prevented most of the time and ninety-six percent of adults surveyed say that they would take action to prevent someone close to them from taking their own life.[3]

The New Jersey Legislature has long recognized the risk of suicide faced by young people in this State.[4] Since 2006, to better help protect students from self-harm, New Jersey law has required all teaching staff members to complete at least two hours of instruction, each professional development cycle, in suicide prevention provided by a licensed healthcare professional with experience in mental health issues.[5] This professional development instruction must include information on the relationship between the risk of suicide and incidents of harassment, intimidation, and bullying, and must provide information about reducing the risk of suicide in students in groups who are at higher risk of suicide.[6]

Training Program for Non-Certificated Staff and Employees of Contracted Service Providers

Nevertheless, despite this ongoing training for teaching staff members, suicide has remained a significant cause of death for young people in New Jersey as indicated above. Out of continued concern for students, in 2022, legislation was introduced to expand suicide prevention training to non-certificated school staff and employees of contracted service providers who have regular and direct contact with students. The legislation was approved on July 20, 2023, and following its approval amended the existing law.[7]

Under this new law, non-certified school employees and employees of a contracted service provider, who have regular and direct contact with students, as determined by the local board of education, must complete a one-time training program in suicide prevention, awareness, and response that is identified by the New Jersey Department of Education (NJDOE).[8] The training program must be completed by these individuals within twelve months of the NJDOE’s identification of the training program or twelve months of the individual’s hire date, whichever occurs later.[9]

NJDOE to Identify the Training Program and Provider(s) and Distribution of Suicide Prevention Guidelines

The new law requires the NJDOE, in consultation with the Department of Children and Families, the Department of Human Services, the New Jersey Youth Suicide Prevention Advisory Council, experts, and stakeholders in the education community, to identify training programs that non-certified school employees and employees of service contractors can access and complete free of charge.[10] The law authorizes NJDOE to contract with one or more private entities to make the training program available free of charge.[11]

As of the date of this publication, NJDOE has not yet identified the training program provider(s) on its website. The law remains inoperative until the NJDOE has identified the training program and made it available to school districts.[12]

However, once the NJDOE has identified the training program, then all non-certified staff and employees of contracted service providers who have regular and direct contact with students must complete the training program within twelve months of the establishment of the program, or twelve months of their date of hire, whichever occurs later.[13] In addition, once the NJDOE has identified the program provider(s), each school district and every contracted service provider must provide their employees who are subject to the training requirement with a paper copy or electronic copy of the district’s guidelines on suicide prevention, response, and reporting protocols.[14] The guidelines must include contact information for designated school staff who must be notified whenever an employee believes a student is at risk for suicide. The guidelines must be provided within twelve months of the date the NJDOE identifies the training program, or twelve months from the person’s hire date, and must be provided to applicable employees annually thereafter.[15]

NJQSAC Compliance Reporting and the Duty to Warn and Protect

As part of the New Jersey Quality Single Accountability Continuum (NJQSAC), school districts will be required to provide information on their compliance with this new law in the statement of assurance which is to be submitted to the Executive County Superintendent.[16] Contracted service providers must annually provide school districts with a statement of assurance demonstrating their compliance with the training requirements of the law for applicable employees deemed by districts to have regular and direct contact with students.[17]

One of the most significant aspects of the new law is the imposition of the “duty to warn and protect.” Every school district employee, both certificated and non-certificated, and all employees of a contracted service provider who are required to complete suicide prevention training has a “duty to warn and protect” when either of the following conditions occur:

1. a student has communicated to that person a clearly identifiable threat of imminent, serious physical violence against oneself and the circumstances are such that a reasonable person would believe the student intended to carry out the threat; or
2. the circumstances are such that a reasonable person would believe the student intended to carry out an act of imminent, serious physical violence against oneself.[18]

Any person, acting in good faith and who takes reasonable steps to carry out the duty to warn and protect, is immune from civil and criminal liability.[19]

The new law does not spell out the steps to be taken to effectuate the “duty to warn and protect.” It is expected, however, that district guidelines for the prevention of suicide and suicide awareness will provide the protocols to be followed. The “duty to warn and protect” generally arises in the mental health context, and board counsel should be consulted regarding the appropriate steps to be taken to fulfill the “duty to warn and protect” should such circumstances arise.

Conclusion and Recommendations

The primary responsibility of school officials is to ensure a safe learning environment for students and staff. Part of providing a safe learning environment is making sure students do not harm themselves. 

At some point in the near future, school administrators will be charged with the responsibility to ensure compliance with the new suicide prevention training program requirements and with ensuring school staff understand their “duty to warn and protect.” It is recommended that upon the identification of the training program by the NJDOE, school administrators do the following:

• identify and notify all non-certified school staff (including new hires) that they are obligated to complete a one-time training program in suicide prevention;
• ensure all non-certified school staff successfully complete the training within twelve months of the identification of the program or twelve months of their date of hire, whichever comes later;
• establish a policy and procedure to identify the employees of contracted service providers who have regular and direct contact with students, including a definition or description of “regular and direct contact;”
• notify the contracted service provider and/or the contracted service provider’s identified employees that they are obligated to complete a one-time training program in suicide prevention;
• ensure all identified employees of a contracted service provider successfully complete the training within twelve months of the identification of the program or twelve months of their date of hire, whichever comes later;
• ensure all school employees are provided with a hard copy or electronic copy of the district’s guidelines on reporting and suicide prevention, awareness, and response protocols within twelve months of the identification of the program by NJDOE, or twelve months of the person’s date of hire, and annually thereafter;
• obtain annually a statement of assurance from each contracted service provider as verification that their applicable employees have received the training and that those   employees have been provided with a hard copy or electronic copy of the district’s guidelines on reporting and suicide prevention, awareness, and response protocols within twelve months of the identification of the program by NJDOE;
• complete that statement of assurance for NJQSAC regarding compliance with the training law, as appropriate; and
• provide training to all school employees regarding the “duty to warn and protect” and the immunity afforded them for taking reasonable action to prevent a student from engaging in self-harm.

Questions regarding the application of the law and action to take relative to the “duty to warn and protect” should be directed to the board attorney.