No I just meant that under ordinary cirumstances, where there is no explicit threat made, there can be no legal liability on part of the school or teacher. And even when there is a threat made, so long as some report is made to her superiors (under the statute it's made reasonable attempts to report, not actually report and says report not call law enforcement or take steps like suspension or talking to the kid") there can be no legal liability. That's an extraordinary amount of protection from legal liability that private sector actors do not enjoy. In the private sector you can get sued for negligent supervision, and failing to act on threats can get you sued, you can't just say "I reported it to my supervisors" and leave it at that.

I'm not faulting the teachers, I'm talking more about legal liability in terms of sovereign immunity which limits or negates the liability of states from lawsuits.

http://usedulaw.com/340-immunity-educational-law.html