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AB-2132 School safety: crisis intervention and targeted violence prevention program.(2019-2020)

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Date Published: 03/12/2020 09:00 PM
AB2132:v98#DOCUMENT

Amended  IN  Assembly  March 12, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2132


Introduced by Assembly Member Irwin

February 10, 2020


An act relating to pupils. to add Section 32289.3 to the Education Code, relating to school safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 2132, as amended, Irwin. Pupils: mental health and school safety. School safety: crisis intervention and targeted violence prevention program.
Existing law requires school districts and county offices of education to be responsible for the overall development of a comprehensive school safety plan for each of their schools operating a kindergarten or any of grades 1 to 12, inclusive. Existing law requires a comprehensive school safety plan to include, among other things, the development of procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions.
This bill would require the governing board of a school district, on or before August 1, 2021, to adopt policies for the establishment of a crisis intervention and targeted violence prevention program that assists in the identification and assessment of individuals who may be experiencing a crisis or whose behavior may indicate a threat to the health and safety of themselves, pupils, school staff, or other community members, and that provides referrals to appropriate services. The bill would require those policies to include, among other things, provisions that identify the types of threatening behavior that may represent a physical threat to the school community and provisions requiring each school district to establish at least one multidisciplinary threat assessment and resource team, as provided. By imposing new duties on school districts and governing boards of school districts, the bill would impose a state-mandated local program. The bill would require the State Department of Education to make materials pertaining to multidisciplinary threat assessment and resource teams available on its internet website and to update those materials as necessary.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law requires the governing board of a school district to give diligent care to the health and physical development of pupils and authorizes the governing board of a school district to employ properly certified persons for this purpose. Existing law requires a school of a school district or county office of education and a charter school to notify pupils and parents or guardians of pupils no less than twice during the school year on how to initiate access to available pupil mental health services on campus or in the community, or both, as provided.

This bill would state the intent of the Legislature to enact future legislation relating to pupil mental health and school safety.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 32289.3 is added to the Education Code, to read:

32289.3.
 (a) This section shall be known, and may be cited, as the School Threat Assessment and Resource Act, or the STAR Act.
(b) On or before August 1, 2021, the governing board of a school district shall adopt policies for the establishment of a crisis intervention and targeted violence prevention program. The program shall assist in the identification and assessment of individuals who may be experiencing a crisis or whose behavior may indicate a threat to the health and safety of themselves, pupils, school staff, or other community members, and shall provide referrals to appropriate services.
(c) The policies adopted pursuant to subdivision (b) shall include provisions requiring each school district to establish at least one multidisciplinary threat assessment and resource team. Multidisciplinary threat assessment and resources teams shall augment and be incorporated with, rather than replace, any existing multitiered support systems that have purposes that overlap or are similar to those of this section.
(1) (A) A multidisciplinary threat assessment and resource team shall include, but is not limited to, school and school district personnel, behavioral health professionals, and at least one law enforcement representative.
(B) For purposes of this paragraph, school and school district personnel may include instructional staff, classified employees, and administrators.
(C) For purposes of this paragraph, mental health professionals may include school counselors, school social workers, school nurses, school psychologists, or other appropriately credentialed professionals in the community.
(D) For purposes of this paragraph, a law enforcement representative may include a school resource officer, a member of a school police force, or another sworn peace officer from the appropriate law enforcement agency.
(2) A multidisciplinary threat assessment and resource team is encouraged to include community partners that provide wraparound supportive services, to the extent those services are available.
(3) If a pupil referred to a multidisciplinary threat assessment and resource team has previously been assigned an individualized education program, the multidisciplinary threat assessment and resource team shall coordinate with the appropriate special education administrator or instructor who is familiar with the pupil’s individualized education program.
(4) Each schoolsite shall designate at least one administrator to act as a liaison with the appropriate multidisciplinary threat assessment and resource team.
(d) The policies adopted pursuant to subdivision (b) shall be consistent with recommendations by the United States Secret Service National Threat Assessment Center, which are publicly available through the Readiness and Emergency Management for Schools Technical Assistance Center.
(e) The goal of the policies adopted pursuant to subdivision (b) shall be to create and promote a safe school climate built on a culture of safety, respect, trust, and emotional support. This includes encouraging communication, intervening in conflicts and bullying, and empowering pupils to share their concerns.
(f) The policies adopted pursuant to subdivision (b) shall do all of the following:
(1) Identify the types of threatening behavior that may represent a physical threat to the school community.
(2) Identify members within the school community to whom threatening behaviors should be reported, what methods should be used to make those reports, and the steps to be taken after a report is received.
(3) Identify evidence-based trainings and materials that reflect the unique needs and circumstances of the school district for members of a multidisciplinary threat assessment and resource team. The trainings and materials shall be made available to the multidisciplinary threat assessment and resource team.
(4) Establish procedures that include practices for maintaining documentation, identifying sources of information, reviewing records, and conducting interviews consistent with existing law, including individual privacy and medical rights.
(5) Establish procedures for notifying parents and guardians of pupils referred to multidisciplinary threat assessment and resource teams.
(6) Establish risk management options to use as necessary to deter acts of violence, including, but not limited to, creating individualized management plans to mitigate identified risks and promote a safe school environment.
(7) Establish procedures for referrals to health care providers or other appropriate community resources for evaluation or treatment.
(8) Establish procedures and protocols for coordinating with local law enforcement and existing crime tip lines.
(9) Establish a communications plan to inform pupils, parents and guardians, and community members of the role and membership of multidisciplinary threat assessment and resource teams, including the posting of relevant information on the internet websites of schools or school districts.
(g) In adopting policies pursuant to subdivision (b), governing boards of school districts are encouraged to include investigative themes to guide the assessment process, as recommended by the United States Secret Service National Threat Assessment Center, including, but not limited to, all of the following:
(1) Motive.
(2) Communications.
(3) Inappropriate interests.
(4) Weapons access.
(5) Stressors.
(6) Emotional and developmental issues.
(7) Desperation or despair.
(8) Violence as an option.
(9) Concerned others.
(10) Capacity.
(11) Planning.
(12) Consistency.
(13) Protective factors.
(h) (1) The governing board of a school district may establish a committee to oversee the multidisciplinary threat assessment and resource team or teams operating within the school district. The oversight committee may be an existing committee established by the school district. The membership of the oversight committee may include, but is not limited to, individuals with expertise in human resources, civil rights, school administration, behavioral or mental health, and law enforcement.
(2) An oversight committee established pursuant to paragraph (1) may require periodic reports from multidisciplinary threat assessment and resource teams that summarize and evaluate the activities of the teams consistent with existing law, including individual privacy and medical rights.
(i) A school district that has a memorandum of understanding with a local law enforcement agency is encouraged to incorporate the applicable requirements of this section into that memorandum of understanding.
(j) The department shall make materials pertaining to multidisciplinary threat assessment and resource teams available on its internet website and shall update those materials as necessary. The department is encouraged to use existing resources that are consistent with the recommendations by the United States Secret Service National Threat Assessment Center.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.

It is the intent of the Legislature to enact future legislation relating to pupil mental health and school safety.