Assembly Bill A4805

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4805
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee 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
 THEMSELF.
   (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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08572-01-5
 A. 4805                             2
              

 
   (III) REFERRING STUDENTS WHO MAY PRESENT A SAFETY THREAT TO THE SCHOOL
 THREAT ASSESSMENT TEAM;
   (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.