HF 3370

as introduced - 90th Legislature (2017 - 2018) Posted on 03/13/2018 10:55am

A bill for an act
relating to education; requiring threat assessment teams and oversight committees;
providing access to criminal history records and health records; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.0351] SCHOOL THREAT ASSESSMENT TEAM AND
OVERSIGHT COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin School threat assessment team; membership. new text end

new text begin A school district must
establish a threat assessment team for every school within the district. One threat assessment
team may serve one or more schools as determined by the school district. The threat
assessment team membership must include individuals with expertise in counseling, mental
health, kindergarten through grade 12 instruction, school administration, and law
enforcement. The membership may include the juvenile prosecutor whose jurisdiction
includes the area within the school district.
new text end

new text begin Subd. 2. new text end

new text begin Threat assessment team; duties. new text end

new text begin (a) The threat assessment team is responsible
for the assessment of and intervention with individuals whose behavior may pose a threat
to the safety of school staff or students. The team must establish a process for referrals to
community services or health care providers for evaluation or treatment, where appropriate.
new text end

new text begin (b) A threat assessment team must:
new text end

new text begin (1) provide guidance to students, faculty, and staff regarding recognition of threatening
or aberrant behavior that may represent a threat to the community, school, or self;
new text end

new text begin (2) identify members of the school community to whom threatening behavior should be
reported; and
new text end

new text begin (3) implement threat assessment policies adopted by the school board.
new text end

new text begin Subd. 3. new text end

new text begin Report to superintendent; records. new text end

new text begin (a) Upon a preliminary determination that
a student poses a threat of violence or physical harm to self or others, a threat assessment
team shall immediately report its determination to the superintendent or the superintendent's
designee. The superintendent shall immediately attempt to notify the student's parent or
guardian. Upon a preliminary determination by the threat assessment team that an individual
poses a threat of violence to self or others or exhibits significantly disruptive behavior or
need for assistance, the team may obtain criminal history record information and health
records. Health records are limited to those records retained by the school or school district.
A member of the threat assessment team must not disclose any criminal history record
information or health information obtained pursuant to this section or use any record of an
individual beyond the purpose for which the disclosure was made to the threat assessment
team.
new text end

new text begin (b) Nothing in this subdivision shall preclude school personnel from acting immediately
to address an imminent threat. A school threat assessment team must annually report
quantitative data on its activities to the superintendent.
new text end

new text begin Subd. 4. new text end

new text begin Oversight committee; membership. new text end

new text begin The school district may establish a
committee charged with oversight of the threat assessment teams within the district.
Membership of the oversight committee must include individuals with expertise in human
resources, education, school administration, mental health, and law enforcement.
new text end

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2019 is appropriated from the general fund to the commissioner of
education for threat assessment teams and oversight committees under Minnesota Statutes,
section 121A.0351.
new text end