32289.3.
(a) On or before August 1, 2023, the governing board of a school district shall adopt policies within the comprehensive school safety plan pursuant to Section 32282 for the establishment of a crisis intervention and targeted violence prevention program. The program shall assist in the identification and assessment of
pupils whose behavior may indicate a threat that is not imminent to the health and safety of pupils, school staff, or other community members, and shall provide referrals to appropriate services.(b) The policies adopted pursuant to subdivision (a) shall include provisions requiring the school district to establish at least one multidisciplinary threat assessment and resource team. Local educational agencies may establish teams at the county, district, regional, local district, and schoolsite levels as they deem appropriate. 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) (i) A multidisciplinary threat assessment and resource team shall include, but is not limited to, school and school district personnel, mental health professionals, and a law enforcement representative.
(ii) Notwithstanding clause (i), a school district may decide to not include a law enforcement representative on their multidisciplinary threat assessment and resource team if the district consults with a representative from law enforcement in the writing and development of the policies adopted pursuant to subdivision (a).
(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.
(c) The policies adopted pursuant to subdivision (a) shall be consistent with recommendations by the National Threat Assessment Center, which are publicly available from the United States Secret Service, or evidence-based best practices identified by the department.
(d) The policies adopted pursuant to subdivision (a) shall do all of the following:
(1) Identify how the team will identify threats and distinguish 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) Utilize evidence-based trainings and materials that reflect the unique needs and circumstances of the school district to train members of a multidisciplinary threat assessment and resource team.
(4) Establish procedures that include when and how the team will assess pupils and the 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 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, where possible.
(8) Establish procedures and protocols for coordinating with local law enforcement.
(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.
(e) In adopting policies pursuant to subdivision (a), governing boards of school districts are encouraged to include investigative themes to guide the assessment process, as recommended by the 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.
(f) (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 and parents and guardians.
(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 laws, including those protecting individual privacy and medical rights.
(g) 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.
(h) 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 National Threat Assessment Center.
(i) (1) Nothing in this section shall limit the ability of local educational agencies to bypass the multidisciplinary threat assessment and resource team and contact law enforcement when there is an imminent threat to the safety of pupils, school staff, or community members.
This section does not alter the requirements or authority in Sections 49393 and 49394 for a school official who is alerted to or observes any threat or perceived threat, as defined in subdivision (e) of Section 49390, to immediately report the threat or perceived threat to law enforcement, as defined in subdivision (a) of Section 49390, who shall then immediately conduct an investigation and assessment of the threat or perceived threat as required by Section 49394.
(2) If, after an investigation and assessment conducted pursuant to Section 49394, it is determined by the law enforcement agency who conducted the investigation and assessment that the threat or perceived threat, as defined in subdivision (e) of Section 49390, is not imminent, the law enforcement agency may nonetheless refer the identified pupil to the local
educational agency’s multidisciplinary threat assessment and resources team.
(j) (1) Except as provided in paragraph (2), a school district and any of its employees acting within the scope of their employment are immune from civil liability for any damages allegedly caused by, arising out of, or relating to compliance with the requirements of this section.
(2) Paragraph (1) shall not apply to an act by the school district, its employee, or any other person acting pursuant to the authority of the school district that constitutes any of the following:
(A) Gross negligence, recklessness, or willful or wanton misconduct.
(B) A crime.
(C) A violation of any provision
within this article.