SENATE BILL NO. 1177 A bill to amend 2018 PA 548, entitled "Comprehensive school safety plan act," (MCL 28.801 to 28.809) by amending the title and by adding section 6. the people of the state of michigan enact: TITLE An act to create the comprehensive school safety plan act; to create the school safety commission and provide for its powers and duties; to provide for the powers and duties of certain state and local governmental officers and entities; to create the behavioral threat assessment and management program fund; to make appropriations for certain purposes related to school safety; and to prohibit divulging certain information and prescribe penalties. Sec. 6. (1) By not later than 180 days after the effective date of the amendatory act that added this section, the department shall create and implement a statewide behavioral threat assessment and management program. The behavioral threat assessment and management program must focus on school safety and security, including, but not limited to, prevention and intervention efforts. The behavioral threat assessment and management program must be designed to identify, assess, manage, and monitor potential and real threats to schools. The behavioral threat assessment and management program must do at least all of the following: (a) Gather and securely store all evidence-based threat assessment information and case information. (b) Assess and document student risk level. Student risk levels are based on a student risk level model approved by the department for use by a school district, an intermediate school district, a public school academy, or nonpublic school. A student risk level model must provide guidelines for what factors qualify a student to be placed within each student risk level. As described in subsection (1)(k), the department shall ensure that an approved student risk level model follows integrated behavioral threat assessment best practices, including, but not limited to, comprehensive school threat assessment guidelines, national threat assessment center guidelines, or other equally or more comprehensive threat assessment guidelines. (c) Manage and document student intervention plans. Student intervention plans must be documented, reviewed, tracked, and updated with the goal of reducing a student's overall level of concern and creating a safe learning environment. Student intervention plans may vary for each school district, intermediate school district, public school academy, or nonpublic school based on the resources and programs available in that local community. (d) Create an integrated, multi-database search portal to assist with conducting all assessments. The search portal must allow threat assessment teams to use a single search to query disparate data sources and return consolidated information in a single view to improve the efficiency of threat assessment teams. The data sources in the portal may include, but are not limited to, law enforcement data, mental health data, school system data, juvenile justice data, social media monitoring data, anonymous tips data, and any other data that is considered appropriate to assist with initial threat assessment. The search portal must be flexible and scalable so that additional functionality and data sources may be added in the future. (e) Follow strict role-based security and access control by providing school resource officers, school safety teams, and behavioral threat assessment and management team members with unique logins and security permissions. The behavioral threat assessment and management program must have the ability to notify the department's administrators of attempts to access any information by unauthorized personnel. (f) Provide a digital document repository. (g) As required, provide the ability to refer students to outside behavioral health treatment providers from within the platform. (h) Include, within the case management platform, the ability to integrate all relevant student information systems used throughout this state and to securely query, share, and transfer student information system data. (i) Provide a secure data transfer portal for securely sending and receiving relevant student intervention and risk details, threat assessment information, and case management information between community threat assessment partners and school districts in the event of a student transfer to a new school. (j) Provide a platform that is centralized, web based, and hosted in a secured cloud environment that is restricted for government use. (k) Follow integrated behavioral threat assessment best practices, including, but not limited to, comprehensive school threat assessment guidelines, national threat assessment center guidelines, or any other approved model used by a local school district. (l) Incorporate guidance and workflow outlined in Michigan interim threat assessment guidance developed by the office of school safety within the department, the department of education, the department of health and human services, the Community Mental Health Association of Michigan, the Michigan Association of Secondary School Principals, the Michigan Elementary and Middle School Principals Association, the Michigan Association of Superintendents and Administrators, or the Michigan Association of Intermediate School Administrators, or any other similar guidance developed by the department. (n) Provide a statewide data collection and reporting mechanism for behavioral threat assessment and management data from each school district. (2) The department shall procure a case management system and maintain the behavioral threat assessment and management program consistent with state procurement laws and department policy that most efficiently and effectively comply with the requirements of this section. (3) Upon implementation, the behavioral threat assessment and management program must be made available for use by a school district, intermediate school district, public school academy, or nonpublic school. (4) The information and documentation included and maintained under the behavioral threat assessment and management program are education records and must be retained, maintained, transferred, or destroyed in accordance with state and federal laws and rules applicable to education records. Subject to state and federal law, a parent or legal guardian of a student may access their child's education records maintained under the behavioral threat assessment and management program but must not be given direct access to the information and documents stored under the program. (5) The department shall develop and implement a quarterly program access review and audit process. Upon implementation and as appropriate, a school district, intermediate school district, public school academy, or nonpublic school shall comply with the quarterly program access review audit process developed by the department. (6) Upon implementation of the behavioral threat assessment and management program and at least annually thereafter, the department shall provide role-based training to all authorized school district, intermediate school district, public school academy, and nonpublic school personnel. (7) By not later than March 15 of each year, the department shall send a report on the activities of the behavioral threat assessment and management program and the behavioral threat assessment and management program fund created under section 6a during the preceding calendar year to each member of the legislature, the governor, the clerk of the house of representatives, the secretary of the senate, and the senate and house fiscal agencies. (8) As used in this section: (a) "Intermediate school district" means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4. (b) "Nonpublic school" and "public school academy" mean those terms as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5. (c) "School district" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6. (d) "Student intervention plan" means the plan of intervention actions that a school behavioral threat assessment and management team will implement after a threat assessment has been conducted and a student is placed within a student risk level. (e) "Student risk level" means the level of risk a student presents to the school environment after a threat assessment has been conducted. Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1176 of the 102nd Legislature is enacted into law.
SENATE BILL NO. 1177
A bill to amend 2018 PA 548, entitled
"Comprehensive school safety plan act,"
(MCL 28.801 to 28.809) by amending the title and by adding section 6.
the people of the state of michigan enact:
TITLE
An act to create the comprehensive school safety plan act; to create the school safety commission and provide for its powers and duties; to provide for the powers and duties of certain state and local governmental officers and entities; to create the behavioral threat assessment and management program fund; to make appropriations for certain purposes related to school safety; and to prohibit divulging certain information and prescribe penalties.
Sec. 6. (1) By not later than 180 days after the effective date of the amendatory act that added this section, the department shall create and implement a statewide behavioral threat assessment and management program. The behavioral threat assessment and management program must focus on school safety and security, including, but not limited to, prevention and intervention efforts. The behavioral threat assessment and management program must be designed to identify, assess, manage, and monitor potential and real threats to schools. The behavioral threat assessment and management program must do at least all of the following:
(a) Gather and securely store all evidence-based threat assessment information and case information.
(b) Assess and document student risk level. Student risk levels are based on a student risk level model approved by the department for use by a school district, an intermediate school district, a public school academy, or nonpublic school. A student risk level model must provide guidelines for what factors qualify a student to be placed within each student risk level. As described in subsection (1)(k), the department shall ensure that an approved student risk level model follows integrated behavioral threat assessment best practices, including, but not limited to, comprehensive school threat assessment guidelines, national threat assessment center guidelines, or other equally or more comprehensive threat assessment guidelines.
(c) Manage and document student intervention plans. Student intervention plans must be documented, reviewed, tracked, and updated with the goal of reducing a student's overall level of concern and creating a safe learning environment. Student intervention plans may vary for each school district, intermediate school district, public school academy, or nonpublic school based on the resources and programs available in that local community.
(d) Create an integrated, multi-database search portal to assist with conducting all assessments. The search portal must allow threat assessment teams to use a single search to query disparate data sources and return consolidated information in a single view to improve the efficiency of threat assessment teams. The data sources in the portal may include, but are not limited to, law enforcement data, mental health data, school system data, juvenile justice data, social media monitoring data, anonymous tips data, and any other data that is considered appropriate to assist with initial threat assessment. The search portal must be flexible and scalable so that additional functionality and data sources may be added in the future.
(e) Follow strict role-based security and access control by providing school resource officers, school safety teams, and behavioral threat assessment and management team members with unique logins and security permissions. The behavioral threat assessment and management program must have the ability to notify the department's administrators of attempts to access any information by unauthorized personnel.
(f) Provide a digital document repository.
(g) As required, provide the ability to refer students to outside behavioral health treatment providers from within the platform.
(h) Include, within the case management platform, the ability to integrate all relevant student information systems used throughout this state and to securely query, share, and transfer student information system data.
(i) Provide a secure data transfer portal for securely sending and receiving relevant student intervention and risk details, threat assessment information, and case management information between community threat assessment partners and school districts in the event of a student transfer to a new school.
(j) Provide a platform that is centralized, web based, and hosted in a secured cloud environment that is restricted for government use.
(k) Follow integrated behavioral threat assessment best practices, including, but not limited to, comprehensive school threat assessment guidelines, national threat assessment center guidelines, or any other approved model used by a local school district.
(l) Incorporate guidance and workflow outlined in Michigan interim threat assessment guidance developed by the office of school safety within the department, the department of education, the department of health and human services, the Community Mental Health Association of Michigan, the Michigan Association of Secondary School Principals, the Michigan Elementary and Middle School Principals Association, the Michigan Association of Superintendents and Administrators, or the Michigan Association of Intermediate School Administrators, or any other similar guidance developed by the department.
(n) Provide a statewide data collection and reporting mechanism for behavioral threat assessment and management data from each school district.
(2) The department shall procure a case management system and maintain the behavioral threat assessment and management program consistent with state procurement laws and department policy that most efficiently and effectively comply with the requirements of this section.
(3) Upon implementation, the behavioral threat assessment and management program must be made available for use by a school district, intermediate school district, public school academy, or nonpublic school.
(4) The information and documentation included and maintained under the behavioral threat assessment and management program are education records and must be retained, maintained, transferred, or destroyed in accordance with state and federal laws and rules applicable to education records. Subject to state and federal law, a parent or legal guardian of a student may access their child's education records maintained under the behavioral threat assessment and management program but must not be given direct access to the information and documents stored under the program.
(5) The department shall develop and implement a quarterly program access review and audit process. Upon implementation and as appropriate, a school district, intermediate school district, public school academy, or nonpublic school shall comply with the quarterly program access review audit process developed by the department.
(6) Upon implementation of the behavioral threat assessment and management program and at least annually thereafter, the department shall provide role-based training to all authorized school district, intermediate school district, public school academy, and nonpublic school personnel.
(7) By not later than March 15 of each year, the department shall send a report on the activities of the behavioral threat assessment and management program and the behavioral threat assessment and management program fund created under section 6a during the preceding calendar year to each member of the legislature, the governor, the clerk of the house of representatives, the secretary of the senate, and the senate and house fiscal agencies.
(8) As used in this section:
(a) "Intermediate school district" means that term as defined in section 4 of the revised school code, 1976 PA 451, MCL 380.4.
(b) "Nonpublic school" and "public school academy" mean those terms as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.
(c) "School district" means that term as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6.
(d) "Student intervention plan" means the plan of intervention actions that a school behavioral threat assessment and management team will implement after a threat assessment has been conducted and a student is placed within a student risk level.
(e) "Student risk level" means the level of risk a student presents to the school environment after a threat assessment has been conducted.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1176 of the 102nd Legislature is enacted into law.