S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10607
 
                           I N  A S S E M B L Y
 
                               June 20, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Rajkumar) --
   read once and referred to the Committee on Education
 
 AN  ACT to amend the education law, in relation to school threat assess-
   ment teams
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The education law is amended by adding a new section 2803
 to read as follows:
   § 2803. SCHOOL THREAT ASSESSMENT TEAMS. 1. THE BOARD OF  EDUCATION  OR
 TRUSTEES,  AS  DEFINED  IN  SECTION TWO OF THIS CHAPTER, OF EVERY SCHOOL
 DISTRICT WITHIN THE STATE, HOWEVER CREATED, AND EVERY BOARD  OF  COOPER-
 ATIVE EDUCATIONAL SERVICES AND COUNTY VOCATIONAL EDUCATION AND EXTENSION
 BOARD  AND THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
 YORK SHALL ESTABLISH A SCHOOL THREAT  ASSESSMENT  TEAM  TO  PERFORM  THE
 FUNCTIONS SET FORTH IN THIS SECTION.
   2. FOR THE PURPOSES OF THIS SECTION:
   (A)  "SAFETY THREAT" MEANS ACTIONS, STATEMENTS, OR A PATTERN OF BEHAV-
 IOR BY A STUDENT INDICATING INTENT TO PHYSICALLY HARM  ANOTHER  STUDENT,
 ANYONE  EMPLOYED  IN  THE  SCHOOL,  ANY MEMBER OF THE GENERAL PUBLIC, OR
 HIMSELF OR HERSELF.
   (B) "SAFETY THREAT PLAN" IS A COMPREHENSIVE INTERVENTION TO  MANAGE  A
 SAFETY THREAT POSED BY A STUDENT BY ADDRESSING UNDERLYING NEEDS, SUCH AS
 THROUGH  MENTAL  HEALTH TREATMENT, AS WELL AS CONFLICT RESOLUTION, WHILE
 AVOIDING ANY DISRUPTION IN THE STUDENT'S SCHOOLING.
   (C) "SCHOOL THREAT ASSESSMENT PLAN"  MEANS  A  STEP-BY-STEP  GUIDE  OF
 PROCEDURES  FOR  SCHOOL  EMPLOYEES  IN  CONJUNCTION WITH A SCHOOL THREAT
 ASSESSMENT TEAM ON:
   (I) IDENTIFYING STUDENTS WHOSE BEHAVIOR INDICATES A SAFETY THREAT THAT
 SHOULD BE REFERRED TO THE SCHOOL THREAT ASSESSMENT TEAM;
   (II) GATHERING DETAILED DATA ON THE SAFETY THREAT;
   (III) REFERRING STUDENTS WHO MAY PRESENT A SAFETY THREAT TO THE SCHOOL
 THREAT ASSESSMENT TEAM;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05479-02-4
 A. 10607                            2
              

 
   (IV) EVALUATION BY THE SCHOOL THREAT ASSESSMENT TEAM OF THE CREDIBILI-
 TY OF A SAFETY THREAT, BASED ON AVAILABLE INFORMATION, INCLUDING IF  THE
 STUDENT HAS READY ACCESS TO FIREARMS OR OTHER WEAPONS;
   (V)  WARNING  STUDENTS,  THEIR PARENTS OR GUARDIANS, OR OTHER INTENDED
 VICTIMS OF CREDIBLE SAFETY THREATS;
   (VI) DEVELOPING A SAFETY THREAT PLAN FOR THE STUDENT;
   (VII) MONITORING THE IMPLEMENTATION OF THE SAFETY THREAT PLAN,  EVALU-
 ATING  THE  NEED  FOR ANY MODIFICATION, AND MAINTAINING CONTACT WITH THE
 STUDENT; AND
   (VIII) REFERRING CASES TO LAW ENFORCEMENT OR FILING AN APPLICATION FOR
 AN EXTREME RISK PROTECTION ORDER  UNDER  ARTICLE  SIXTY-THREE-A  OF  THE
 CIVIL PRACTICE LAW AND RULES.
   3.  (A)  A  SCHOOL THREAT ASSESSMENT TEAM SHALL BE A MULTIDISCIPLINARY
 TEAM WITH  EXPERTISE  IN  GUIDANCE  COUNSELING,  SCHOOL  ADMINISTRATION,
 MENTAL HEALTH, AND SCHOOL SAFETY THAT IS TASKED WITH EVALUATING STUDENTS
 AT  RISK OF COMMITTING A SAFETY THREAT AND PROVIDING SUPPORTIVE SERVICES
 TO THOSE STUDENTS. THIS TEAM IS FOCUSED ON REMEDYING  UNDERLYING  ISSUES
 THAT  IMPEL A STUDENT TO COMMIT A SAFETY THREAT, AS OPPOSED TO RENDERING
 DISCIPLINARY ACTIONS, AND SHALL ONLY REFER A STUDENT TO LAW  ENFORCEMENT
 AS A LAST RESORT.
   (B) THE SCHOOL THREAT ASSESSMENT TEAM SHALL:
   (I)  IMPLEMENT  A COMPREHENSIVE SCHOOL THREAT ASSESSMENT PLAN BASED ON
 THE GUIDELINES DEVELOPED BY THE DEPARTMENT. SUCH PLAN SHALL BE SUBMITTED
 TO THE DEPARTMENT FOR APPROVAL,  PROVIDED  THAT  PRIOR  TO  APPROVAL,  A
 SCHOOL  DISTRICT  MAY IMPLEMENT ITS SCHOOL THREAT ASSESSMENT PLAN IN THE
 INTERIM.  WHERE THE DEPARTMENT RECOMMENDS  MODIFICATION  OF  A  SCHOOL'S
 PLAN  THE  SCHOOL  DISTRICT  SHALL  REVISE  AND  RESUBMIT  THE  PLAN FOR
 APPROVAL;
   (II) TRAIN SCHOOL PERSONNEL, AS WELL AS  EDUCATE  STUDENTS  AND  THEIR
 PARENTS OR GUARDIANS, TO IDENTIFY, RESPOND TO, AND REPORT SAFETY THREATS
 OR BEHAVIORS INDICATIVE THEREOF;
   (III) INCREASE EDUCATION OF STUDENTS AND THEIR PARENTS OR GUARDIANS ON
 MENTAL HEALTH ISSUES; AND
   (IV) GATHER DATA ON OUTCOMES.
   (C) REFERRAL TO THE SCHOOL THREAT ASSESSMENT TEAM SHALL NOT BE GROUNDS
 FOR SUSPENSION OR EXPULSION OF ANY STUDENT.
   (D)  NOTHING  IN  THIS  SECTION SHALL PRECLUDE SCHOOL PERSONNEL OR LAW
 ENFORCEMENT FROM RESPONDING IMMEDIATELY TO AN IMMINENT SAFETY THREAT.
   (E) AT THE END OF EACH SCHOOL YEAR, EACH SCHOOL THREAT ASSESSMENT TEAM
 SHALL REPORT DATA TO THE DEPARTMENT.
   § 2. No later than one year after the effective date of this act,  the
 department  of  education  shall  develop  a model evidence-based threat
 assessment plan. No later than the beginning of the  first  school  year
 that  falls  one  year  after the publication of the model school threat
 assessment plan by the department, each school district shall  form  one
 or more school threat assessment teams.
   § 3. This act shall take effect immediately.