Bill Summary for H 934 (2017-2018)

Printer-friendly: Click to view

Summary date: 

May 30 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 934 (Public) Filed Wednesday, May 16, 2018
AN ACT TO CODIFY THE NORTH CAROLINA CENTER FOR SAFER SCHOOLS; TO REQUIRE THE ESTABLISHMENT OF THREAT ASSESSMENT TEAMS IN PUBLIC SCHOOLS; AND TO ESTABLISH PEER-TO-PEER STUDENT SUPPORT PROGRAMS.
Intro. by Torbett, Dobson, Lewis.

View: All Summaries for BillTracking:

Bill summary

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

Changes the act's long and short titles.

Section 1

Organizes Article 8C of GS Chapter 115C, Local Plans For Alternative Schools/Alternative Learning Programs and Maintaining Safe and Orderly Schools, into parts, titling Part 1, Local Plans for Alternative Schools/Alternative Leaning Programs, and titling Part 2, Maintaining Safe and Orderly Schools. Codifies GS 115C-105.46 (State Board of Education responsibilities), GS 115C-105.47A (Proposals to establish alternative learning programs or alternative schools), and GS 115C-105.48 (Placement of students in alternative schools/alternative learning programs) into Part 1, and the remainder of Article 8C into Part 2.

Deletes the proposed changes to GS 115C-5, adding the defined term public school unit.

Enacts GS 115C-105.48A to Part 2 of Article 8C, setting forth definitions concerning school safety. Defines local school administrative unit and post-secondary school. Defines local school administrative unit as either the local board of education of a local school administrative unit, the board of directors of a charter school, the board of directors of a regional school, or the governing entity of a school providing elementary or secondary instruction operated either by the State Board of Education, including schools operated under Article 7A and Article 9C of GS Chapter 115, or the University of North Carolina, including schools operated under Articles 4, 29, and 29A of GS Chapter 116.

Provides that if Senate Bill 99 (Appropriations Act of 2018) of the 2017 Regular Session becomes law, GS 115C-105.51(g), defining public secondary school, is repealed.

Section 2

Modifies and adds to proposed GS 115C-105.57 (was, proposed GS 115C-105.75), which establishes the NC Center for Safer Schools (Center). Modifies the responsibilities of the Center to now include: (1) providing training and professional development for public school personnel in the development and implementation of initiatives promoting school safety (previously, providing training for public school personnel); (2) providing technical and instructional assistance to facilitate the development of partnerships between the public and private sectors to promote school safety in the state (previously, encouraging the development of these partnerships); and (3) developing model policies for threat assessment teams for local school administrative units, including procedures for the assessment of and intervention with students whose behavior poses a threat to the safety of school staff or students (previously, developing model policies  for threat assessment teams for public schools, including procedures for the assessment of and intervention with students whose behavior poses a threat to the safety of school staff or students). Eliminates the responsibility of providing technical assistance to public schools in the development and implementation of intiatives promoting school safety. Adds the following responsibilities: (1) recommending a system of accountability to the General Assembly to document school safety exercises, including practice school lockdowns, required by GS 115C-105.49; (2) assisting law enforcement officers assigned to schools and their agencies in active shooter response drills and other pertinent school safety related training; (3) collaborating with the North Carolina Justice Academy, North Carolina Criminal Justice Education and Training Standards Commission, and the North Carolina Sheriffs' Education and Training Standards Commission to establish and maintain an updated training curriculum for school resource officers; (4) coordinating grants for school resource officers in elementary and middle schools established in Section 8.36 of SL 2013-360 and ensuring that training requirements for school resource officers funded by those grants are met; and (5) providing technical assistance to local school administrative units in the development and implementation of initiatives promoting school safety. Adds to the agencies the Center is to coordinate and collaborate with in carrying out its duties the NC SBI Fusion Center, Information Sharing, & Analysis Center.

Specifies that guidelines for threat assessment teams required by Section 2 must be developed by the Center no later than December 31, 2018.

Section 3

Modifies proposed GS 115C-105.60 (was, proposed GS 115C-105.76), concerning the establishment of threat assessment teams, as follows.

Adds a new subsection to provide defined terms applicable to the statute, including local board of education, superintendent, threat, threat assessment, and threat assessment team. Makes conforming and organizational changes. Defines superintendent to mean the superintendent or, if there is no superintendent, the staff member with the highest decision making authority (previously, was the only term defined in the statute and was defined as the superintendent of a local school administrative unit or the staff member with the highest decision-making authority for all other public school units). Defines threat as a concerning communication or behavior that indicates that an individual poses a danger to the safety of school staff or students through acts of violence or other behavior that would cause harm to self or others. Specifies that the threat may be expressed or communicated behaviorally, orally, visually, in writing, electronically, or through any other means, and is considered a threat regardless of whether it is observed by or communicated directly to the target of the threat or observed by or communicated to a third party, and regardless of whether the target of the threat is aware of the threat. Defines threat assessment team as a team that includes persons with expertise in counseling, instruction, school administration, and law enforcement that conducts threat assessments in a local school administrative unit. Requires that when practicable, at least one member of a threat assessment team must be a psychologist or psychiatrist. Adds that members of a threat assessment team who are not employees of the local school administrative unit can review student records as provided in 34 CFR § 99.31(a)(1)(i)(B) pursuant to a written agreement with the local school administrative unit of the requirements and responsibilities for use of student records under the federal Family Educational and Privacy Rights Act (FERPA).

Requires local boards of education to adopt policies for the establishment of threat assessment teams, including the conduct of threat assessments and intervention with individuals whose behavior may pose a threat to the safety of school staff or students (previously, required local boards of education and the governing body of each public school unit to adopt policies for the establishment of threat assessment teams, including the assessment of and intervention with students whose behavior may pose a threat to the safety of school staff or students), consistent with the model policies developed by the Center in accordance with GS 115C-105.75.

Authorizes the superintendent to establish a committee charged with coordination and monitoring of (previously, charged with the oversight of) the threat assessment teams operating within the unit as previously specified.

Adds new provisions to require each threat assessment team to conduct threat assessment to determine appropriate actions and intervention based on the level of threat determined by the assessment. Details parameters for a threat assessment team to determine the level of threat posed by an individual or situation, with threats ranging from low risk, moderate risk, high risk, and imminent risk as specified. Also requires each threat assessment team to utilize anonymous reporting applications for students to receive information about school safety concerns requiring investigation.

Adds new provisions concerning the superintendent or the superintendent's designee's response to a threat assessment team's determination that an individual poses a high risk or imminent risk threat of violence or physical harm to self or others. Requires that, in the case of an imminent risk threat, the superintendent or designee must immediately notify the appropriate local law enforcement agency, and the case of a high risk threat, the superintendent or designee must notify the appropriate local law enforcement agency when recommended by the threat assessment team. Additionally requires the superintendent or designee to refer the matter to the appropriate mental health resources when recommended by the threat assessment team. Further, requires the superintendent or designee to comply with the requirements set out in Article 27 of GS Chapter 115C for any student discipline actions.

Specifies the data each threat assessment team must report to the Center.

Deletes the previous provisions allowing a threat assessment team to obtain health or criminal records upon its preliminary determination that a student poses a threat of violence to self or others or exhibits significantly disruptive behavior or need for assistance. Instead, establishes that a threat assessment team can obtain health or criminal records, as specified, only upon its preliminary determination that an individual poses an imminent risk threat. Specifically authorizes the threat assessment team to have access to written notifications in juvenile records pursuant to GS 7B-3101 and information gained from examination of juvenile records in accordance with GS 7B-3100 held in accordance with GS 115C-404. Establishes that information shared among members of the threat assessment team are confidential, not public record, and can only be released in connection with an emergency established by the Family Educational and Privacy Rights Act (FERPA). 

Requires that all local school administrative units, as defined by new GS 115C-105.48A(1), must establish threat assessment teams as required by Section 3 no later than March 1, 2019.

Enacts GS 143B-931A, authorizing the Department of Public Safety (DPS) to provide a criminal record check to the members of a threat assessment team pursuant to GS 115-105.76 (intends new GS 115-105.60) when a preliminary determination has been made that an individual poses an imminent risk threat to school safety. Prohibits redisclosure or improper use of any criminal history information by a member of a threat assessment team. 

Section 4

Amends the proposed changes to GS 115C-47 to require local boards of education to require the establishment of peer-to-peer student support programs (previously, peer to peer student counseling programs) at all schools with grades six and higher. Makes conforming changes to GS 115C-47 and GS 115C-316.1.

Amends the proposed changes to GS 115C-316.1, requiring school counselors to coordinate and provide training for students in peer-to-peer student support programs that address areas such as conflict resolution, general health and wellness, and mentoring (previously, conflict resolution was not included). Adds that the Center will support school counselors in the administration and delivery of the peer-to-peer student support programs. 

Section 5

Provides that if House Bill 938 of the 2017 Regular Session becomes law, Sections 1 and 4 of the act are repealed. 

Section 6

Maintains the previous provision providing that the act applies beginning with the 2018-19 school year.

Deletes the $1 million appropriation to the Department of Public Instruction.