SCHOOL THREAT ASSESSMENT TEAMS.

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View NCGA Bill Details2023-2024 Session
House Bill 605 (Public) Filed Thursday, April 13, 2023
AN ACT TO ESTABLISH THREAT ASSESSMENT TEAMS IN PUBLIC SCHOOL UNITS, TO ESTABLISH PEER-TO-PEER COUNSELING IN PUBLIC SCHOOL UNITS, TO CLARIFY THAT THE DEPARTMENT OF PUBLIC INSTRUCTION SHALL PARTICIPATE IN THE ADOPTION OF POLICIES REGARDING PLACEMENT AND CONTENTS OF SCHOOL CRISIS KITS IN PUBLIC SCHOOL UNITS, TO EXPAND LAW ENFORCEMENT ACCESS FROM ONLY TRADITIONAL PUBLIC SCHOOLS TO ALL PUBLIC SCHOOL UNITS, AND TO EXPAND DATA COLLECTION REQUIREMENTS REGARDING SCHOOL SAFETY EXERCISES FROM ONLY TRADITIONAL PUBLIC SCHOOLS TO ALL PUBLIC SCHOOL UNITS.
Intro. by Torbett, Blackwell.

Status: Ch. SL 2023-78 (Jul 7 2023)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO ESTABLISH THREAT ASSESSMENT TEAMS IN PUBLIC SCHOOL UNITS, TO ESTABLISH PEER-TO-PEER COUNSELING IN PUBLIC SCHOOL UNITS, TO CLARIFY THAT THE DEPARTMENT OF PUBLIC INSTRUCTION SHALL PARTICIPATE IN THE ADOPTION OF RULES REGARDING PLACEMENT AND CONTENTS OF SCHOOL CRISIS KITS IN PUBLIC SCHOOL UNITS, TO EXPAND LAW ENFORCEMENT ACCESS FROM ONLY TRADITIONAL PUBLIC SCHOOLS TO ALL PUBLIC SCHOOL UNITS, AND TO EXPAND DATA COLLECTION REQUIREMENTS REGARDING SCHOOL SAFETY EXERCISES FROM ONLY TRADITIONAL PUBLIC SCHOOLS TO ALL PUBLIC SCHOOL UNITS.

Bill History:

H 605/S.L. 2023-78

Bill Summaries:

  • Summary date: Jul 10 2023 - View Summary

    AN ACT TO ESTABLISH THREAT ASSESSMENT TEAMS IN PUBLIC SCHOOL UNITS, TO ESTABLISH PEER-TO-PEER COUNSELING IN PUBLIC SCHOOL UNITS, TO CLARIFY THAT THE DEPARTMENT OF PUBLIC INSTRUCTION SHALL PARTICIPATE IN THE ADOPTION OF POLICIES REGARDING PLACEMENT AND CONTENTS OF SCHOOL CRISIS KITS IN PUBLIC SCHOOL UNITS, TO EXPAND LAW ENFORCEMENT ACCESS FROM ONLY TRADITIONAL PUBLIC SCHOOLS TO ALL PUBLIC SCHOOL UNITS, AND TO EXPAND DATA COLLECTION REQUIREMENTS REGARDING SCHOOL SAFETY EXERCISES FROM ONLY TRADITIONAL PUBLIC SCHOOLS TO ALL PUBLIC SCHOOL UNITS. SL 2023-78. Enacted July 7, 2023. Effective July 7, 2023, except as otherwise provided, and applies with the beginning of the 2024-25 school year.


  • Summary date: Jun 14 2023 - View Summary

    Senate committee substitute to the 2nd edition makes the following changes.  Expands the required content that must be included in the guidance for threat assessment teams under new GS 115C-105.65 (threat assessment teams) to also require that the guidance contain a provision directing referral to the appropriate law enforcement agency if the individual is not a student. Requires the following to be included in the public school unit's policies pertaining to assessment and intervention by assessment teams: (1) any scale or classification  that will be used to indicate various levels of threats and the standard response to each level of threat and (2) differentiation between assessment and intervention at the elementary, middle, and high school level, as appropriate. Requires the public school unit to also consult with any threat assessment team in the unit in developing the policy, in addition to Center for Safer Schools (Center) guidance. Requires that a copy of the policy be sent to the Center. No longer requires that the threat assessment team be multidisciplinary.

    Makes clarifying, conforming, and organizational changes.


  • Summary date: Apr 25 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Amends the school safety provisions for schools for the deaf and blind as set forth in new GS 115C-150.12C (SL 2023-12) to require that those schools comply with the requirements for threat assessment teams set forth in GS 115C-105.65. Deletes proposed new GS 11C-150.16 that required schools for students with visual and hearing impairments to comply with the applicable requirements of Part 2 of Article 8C of GS Chapter 115C. Deletes changes to GS 115C-75.9 requiring innovative schools to comply with the act and makes conforming change to account for new GS 115C-150.12C. Makes organizational changes to account for deleted sections.

    Amends the act's long title.


  • Summary date: Apr 13 2023 - View Summary

    Part I

    Codifies the existing statutes of Article 8C of GS Chapter 115C into two Parts. Codifies GS 115C-105.46 (State Board of Education responsibilities), GS 115C-47A (Proposals to establish alternative learning programs or alternative schools), and GS 115C-105.48 (Placement of students in alternative learning schools/alternative learning programs) into Part 1, titled Local Plans for Alternative Schools/Alternative Learning Programs, and the remaining sections of Article 8C into Part 2, Maintaining Safe and Orderly Schools.

    Part II

    Enacts GS 115C-105.65 in Article 8C. Sets forth defined terms. Requires public school units to adopt policies for establishing threat assessment teams in consultation with the policies developed by the Center for Safer Schools (CSS) at the direction of the statute. Defines threat assessment team to mean a multidisciplinary team that includes but is not limited to persons with expertise in counseling, instruction, school administration, and law enforcement that conducts threat assessments in a public school unit when threatening behavior has been communicated and when a student has engaged in threatening behavior that warrants further evaluation; requires, to the extent practicable, inclusion of a school psychologist, one staff member knowledgeable about and experienced in working with students with special needs, and one staff member knowledgeable about and experienced inworking with students with disabilities; permits the school to assign another mental health provider to the team if the psychologist is unavailable; provides for non-school personnel to access necessary student records subject to a written confidentiality agreement. Defines threatening behavior to mean any communication or action that indicates that an individual may pose a danger to the safety or well-being of school staff or students through acts of violence or other behaviors that would cause harm to self or others, communicated orally, visually, in writing, electronically, or through any other means and can be considered threatening.

    Directs CSS to develop guidance for threat assessment teams for public school units in consultation with specified State and non-State entities, which must include procedures for the (1) assessment of and intervention with an individual whose behavior poses a risk to the safety of school staff, students or self, including suggested definitions of threat levels with examples of behavior that would be considered a threat under the given definitions; (2) involvement of the student's parent or legal guardian throughout the threat assessment process if the student is a minor; (3) referral to LME/MCOs for evaluation or treatment; and (4) compliance with specified state and federal laws.

    Requires superintendents to establish a committee charged with coordination and monitoring of the threat assessment teams, or charge an existing committee. Mandates that each school in the public school unit have a multidisciplinary threat assessment team established by the superintendent. Grants the superintendent discretion in establishing a threat assessment team that can serve more than one school in the unit. Details six duties of threat assessment teams, including implementing the policies described above and upon finding a credible risk, intervention ranging from recommendation for mental health services to notice to the student’s parents or legal guardian as well as the individual who is the subject of the threatening behavior and/or notice to law enforcement. Specifies that information obtained by a threat assessment team is confidential and is exempt from disclosure under State public records law. Allows for teams to be trained by CSS upon request. Sets out reporting requirements.

    Provides civil immunity to governing bodies of public school units, its members, employees, designees, agents and volunteers for acts and omissions relating to the participation in or implementation of any component of threat assessment team policies required by the act; excludes gross negligence, wanton conduct, or intentional wrongdoing. Specifies that the statute does not impose a specific duty or standard of care. Clarifies that the statute does not prevent public school personnel from acting immediately to address threatening behavior that is an imminent risk. Specifies that any act taken under the statute, or rule or policy adopted pursuant thereto, must comply with the US and State constitutions and Article 27 of GS Chapter 115C.

    Enacts GS 122C-115.4(b)(9) to require LME/MCOs to receive referrals from school superintendents or designees pursuant to GS 115C-105.65, as enacted. Requires the LME/MCO to contact the student's parent or legal guardian with 10 calendar days of receipt of the referral to provide assistance with identifying appropriate existing mental health resources available to the student, as well as identifying sources of funding to assist with the costs. Directs CSS to establish guidance by December 31, 2023, and all public school units to establish threat assessment teams no later than March 1, 2024. Makes conforming changes to the powers and duties of CSS (GS 115C-105.57) to account for new statute.

    Part III

    Establishes peer-to-peer student support groups by local boards of education at all schools with grades six and higher. Encourages establishment of these groups as appropriate in other grades. Adds coordinating and providing training for students in peer-to-peer support groups to the list of direct services school counselors must provide under GS 115C-316.1. Directs CSS to provide support to school counselors in the administration and delivery of these programs. Encourages local boards of education to establish peer-to-peer support groups by the 2023-2024 school year and must establish peer-to-peer support groups by the 2024-2025 school year.

    Part IV

    Amends GS 115C-105.49, by making public school units, rather than local school administrative units, responsible for holding school-wide tabletop exercise and drills based on the procedures in the School Risk Management Plan (SRMP). Adds a new requirement for each public school unit to report the date and time the full school-wide tabletop exercise and drill (drill) is conducted to CSS. Amends GS 115C-105.49A, additionally requiring the Division of Emergency Management (Division) to leverage the schematic diagrams of participating nonpublic schools' facilities in constructing the School Risk and Response Management System (SRRMS) (currently, only includes public school units). Amends GS 115C-105.53 to require public school units to provide law enforcement agencies with updated access to school buildings when changes are made to other access control devices in addition to locks to main entrances or to key storage devices. Amends GS 115C-105.52, requiring the Department of Public Instruction (DPI) and CSS to consult with the Department of Public Safety (DPS) in developing and adopting policies on the placement of school crisis kits in schools and on the contents of the kits (previously directed the Center to consult with DPS and the Division of School Operations and authorized, but did not require, policies and kits). Amends GS 115C-105.49(a) and (d), GS 115C-105.49A(b), GS 115C-105.52, GS 115C-105.53(a) and (b), and GS 115C-105.54(a), to refer to "public school unit" rather than "local school administrative unit."

    Part V

    Repeals specified subsections of GS 115C-218.75 (concerning charter schools), GS 115C-238.66 (concerning regional schools), and GS 115C-239.8 (concerning laboratory schools) regarding respective School Risk Management Plans (SRMPs), school safety exercises, and school safety information reported to the Division. Instead, enacts a new subsection to each statute requiring charter schools, regional schools, and laboratory schools to comply with the applicable requirements of Part 2 of Article 8C, as amended. Similarly, makes the same requirements applicable to innovative schools, adding to GS 115C-75.9. Enacts GS 115C-150.16, adding the same requirements to schools for students with visual and hearing impairments.

    Amends GS 115C-551 to more specifically refer to private church schools or schools of religious charter regarding voluntary participation in State programs. Adds a new section encouraging all private church schools and all schools of religious charter to adopt a SRMP in coordination with local law enforcement, provide schematic diagrams and main entrance keys to local law enforcement agencies (in addition to implementing companion provisions in GS 115C-105.52), at least annually hold a full school-wide lockdown exercise, and provide specified safety information to the Division. Amends GS 115C-559 to more specifically refer to qualified nonpublic schools regarding voluntary participation in State programs. Adds a new section encouraging the same school safety protocols as those added to GS 115C-551, above.

    Applies beginning with the 2024-2025 school year.