PREFILED    JAN 06 2020

REFERENCE TITLE: schools; safety; threat assessment teams





State of Arizona

House of Representatives

Fifty-fourth Legislature

Second Regular Session





HB 2089


Introduced by

Representative Kavanagh





amending Title 15, chapter 1, article 5, Arizona Revised Statutes, by adding section 15-160; amending section 41‑1729, Arizona Revised Statutes; relating to school safety.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-160, to read:

START_STATUTE15-160.  Threat assessment teams; oversight committees; report

A.  Each school district governing board shall adopt policies to establish threat assessment teams.  At a minimum, the policies shall include procedures for both of the following:

1.  Assessing individuals whose behavior may pose a threat to the safety of school staff or pupils and intervening when necessary.

2.  Referring individuals described in paragraph 1 of this subsection to community services boards or health care providers to be evaluated and treated, when appropriate.

B.  The superintendent of each school district shall establish, for each school, a threat assessment team that includes, subject to staff availability, persons with expertise in counseling, instruction, school administration and law enforcement.  Threat assessment teams may be established to serve one or more schools as determined by the superintendent of the school district.  Each threat assessment team shall do all of the following:

1.  Provide guidance to pupils, school faculty and school staff regarding recognizing an individual's threatening or aberrant behavior that may threaten the community, the school or self.

2.  Identify members of the school community to whom threatening behavior must be reported.

3.  Implement the policies adopted by the school district governing board pursuant to subsection A of this section

C.  The superintendent of each school district may establish a committee that is charged with overseeing the threat assessment teams operating within the school district.  A committee established pursuant to this subsection may be an existing committee established by the school district.  The committee shall include, subject to staff availability, individuals with expertise in human resources, education, school administration, mental health and law enforcement.

D.  After preliminarily determining that an individual poses a threat of violence or physical harm to self or others, a threat assessment team shall immediately report its determination to the school district superintendent or the school district superintendent's designee.  If the individual is a pupil, the school district superintendent or the school district superintendent's designee shall immediately attempt to notify the pupil's parent or legal guardian.  This subsection does not preclude school district personnel from acting immediately to address an imminent threat.

E.  After a threat assessment team preliminarily determines that an individual poses a threat of violence to self or others or exhibits significantly disruptive behavior or a need for assistance, the law enforcement officer on the threat assessment team may request any case information relating to an individual pursuant to section 41‑1729 and may conduct a check of the individual's criminal history records pursuant to section 41‑1750.  Threat assessment team members may not disclose any information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which the disclosure was made to the threat assessment team.

F.  Each threat assessment team established pursuant to this section shall collect and report twice each year to the superintendent of public instruction and the Arizona counter terrorism information center in the department of public safety data on its activities using a form provided by the Arizona counter terrorism information center in a manner consistent with subsection G of this section.

G.  This section does not authorize a threat assessment team to collect and report data that is protected under the health insurance portability and accountability act of 1996 (P.L. 104-191; 110 Stat. 1936) or the family educational rights and privacy act of 1974 (P.L. 93-380; 88 Stat. 57). END_STATUTE

Sec. 2.  Section 41-1729, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1729.  Law enforcement agencies; access to criminal justice information

The department shall provide a law enforcement agency with access to the case information that it receives from the supreme court pursuant to sections 13‑609, 14‑5304 and 36‑540 for the purpose purposes of enforcing a court order, assisting in an investigation, or returning property or ASSESSING an individual pursuant to section 15‑160. END_STATUTE