MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Health and Human Services; Education
By: Representative Creekmore IV
AN ACT TO ESTABLISH A STATEWIDE BEHAVIORAL THREAT ASSESSMENT PROGRAM THROUGH COLLABORATION BETWEEN THE STATE DEPARTMENT OF EDUCATION AND THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH; TO PROVIDE FOR THE IMPLEMENTATION OF BEHAVIORAL THREAT ASSESSMENT PROGRAMS IN LINE WITH EVIDENCE-BASED MODELS, PARTICULARLY THE COMPREHENSIVE SCHOOL THREAT ASSESSMENT GUIDELINES (CSTAG) AND RECOMMENDATION OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY; TO PROVIDE TRAINING FOR SCHOOL PERSONNEL VIA THE MISSISSIPPI OFFICE OF HOMELAND SECURITY; TO REQUIRE SCHOOL BOARD TO PROVIDE FOR THREAT ASSESSMENT TEAMS AT EACH SCHOOL; TO REQUIRE THE THREAT ASSESSMENT TEAMS TO IDENTIFY STUDENTS OF CONCERN, ASSESSING RISKS, AND IMPLEMENTING INTERVENTIONS; TO REQUIRE THE TEAMS BE A MULTIDISCIPLINARY COMPOSITION TO INCLUDE MENTAL HEALTH PROFESSIONALS, LICENSED INSTRUCTIONAL STAFF, ADMINISTRATORS, SCHOOL RESOURCE OFFICERS AND DESIGNATED SCHOOL SAFETY SPECIALISTS; TO PRESCRIBE PROCEDURES FOR MENTAL HEALTH SERVICES, INCLUDING THE USE OF MOBILE CRISIS TEAMS AND LAW ENFORCEMENT CONSULTATION WHEN NEEDED; TO REQUIRE SCHOOL DISTRICTS TO COLLABORATE WITH LOCAL LAW ENFORCEMENT AGENCIES FOR REPORTING THREATS AND DEFINING THE ROLE OF SCHOOL RESOURCE OFFICERS IN HANDLING INCIDENTS; TO REQUIRE SCHOOL DISTRICTS TO ADOPT PARENTAL NOTIFICATION POLICIES THAT ALSO ENSURE COMPLIANCE WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT; TO PROVIDE PROTECTIONS FOR EMPLOYMENT AND CONFIDENTIALITY OF THREAT ASSESSMENT RECORDS; TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP PROTOCOLS FOR DOCUMENTING THREAT ASSESSMENTS AND TO SUBMIT AN ANNUAL LEGISLATIVE REPORT; TO AMEND SECTION 37-3-91, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO PARTNER WITH THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH AND MISSISSIPPI OFFICE OF HOMELAND SECURITY TO PROVIDE BEHAVIORAL THREAT ASSESSMENT TRAINING; TO AMEND SECTION 37-3-93, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that ensuring the safety and security of Mississippi schools is a critical priority. Behavioral threat assessment programs have been proven to identify, assess, and intervene with individuals who may pose risks to the school community. It is the intent of this act to foster collaboration between the State Department of Education and the Mississippi Department of Mental Health to administer the implementation of threat assessment programs in public schools consistent with the evidence-based model for schools in conducting threat assessments in K-12 schools as prescribed within the Comprehensive School Threat Assessment Guidelines (CSTAG).
SECTION 2. (1) The State Department of Education, in consultation with the Mississippi Department of Mental Health, shall:
(a) Develop a behavioral threat assessment program to be implemented by all public school districts;
(b) Establish guidelines and standards for such programs consistent with the Comprehensive School Threat Assessment Guidelines (CSTAG) and recommendations of the United States Department of Homeland Security and other relevant agencies; and
(c) Provide training through the Mississippi Office of Homeland Security for school personnel on the implementation of the program, focusing on identifying, assessing and managing potential threats, in accordance with standards established by the United States Department of Homeland Security.
(2) The local school board of each school district shall adopt a policy requiring the establishment of a threat assessment team at each school to implement the program, the purpose of said team shall be to:
(a) Assist teachers, administrators, and staff in identifying students of concern;
(b) Assess the level of risk posed by these students;
(c) Develop intervention strategies to mitigate risks;
(d) Enhance the overall safety and security of the school environment;
(e) Promote the coordination of resources and assessment of and intervention with individuals whose behavior may pose a threat to the safety of staff or students;
(f) Identify mental health services available in the district and the procedure for referrals to those mental health services;
(g) Define acts that pose a threat to school safety and petty acts of misconduct which are not a threat to school safety and do not require law enforcement consultation;
(h) Consult with law enforcement when a student exhibits a pattern of behavior, based on previous acts or the severity of the act, which would pose a threat to school safety; and
(i) Establish policies to be used by school personnel to engage behavioral health crisis resources if an immediate mental health or substance abuse crisis is suspected which, at a minimum require:
(i) Mobile crisis teams and school resource officers trained in crisis intervention to provide emergency intervention and assessment, make recommendations and refer the student for appropriate services;
(ii) Onsite school personnel to report all such situations and actions taken to the threat assessment team, which must contact other agencies involved with the student and any known service providers to share information and coordinate any necessary follow‐up actions; and
(iii) Upon the student's transfer to a different school, verification that any intervention services provided to the student remain in place until the threat assessment team of the receiving school independently determines the need for intervention services.
(3) Each threat assessment team shall be multidisciplinary in composition and, to the extent practicable, include the following:
(a) A school psychologist, counselor, social worker, or other mental health professional with expertise in student counseling;
(b) A licensed instructional professional;
(c) A school principal or senior school administrator;
(d) A school resource officer or school employee with law enforcement liaison responsibilities; and
(e) The designated school safety specialist under Section 37-3-82 or the threat assessment officer responsible for conducting the annual inspection and threat assessment of assigned schools under Section 37-3-93, if not already included.
(4) Additional school employees or external experts may serve as regular members or be consulted as needed.
SECTION 3. (1) Each school district shall have an agreement with its local law enforcement agency having primary jurisdiction in the area the school district is located regarding reporting specified actions or behavior to law enforcement. The agreement must:
(a) Specify guidelines for ensuring that acts that pose a threat to school safety, whether committed by a student or an adult, are reported to the local law enforcement agency; and
(b) Include the role of school resource officers, if applicable, in handling reported incidents and require school personnel to consult with school resource officers concerning appropriate delinquent acts and crimes.
(2) (a) Each school district must adopt a policy to provide notification to parents of threats and unlawful acts or
significant emergencies that occur on school grounds, during
school transportation or during school‐sponsored activities. The policies must address:
(i) The timing, content, scope and manner of notification;
(ii) Circumstances when law enforcement must be consulted;
(iii) The person or entity with responsibility for parental notification; and
(iv) Involvement of the threat assessment team.
In making these determinations, district policies must take into consideration the nature of the reported threat or incident, whether the threat or incident is ongoing or resolved, whether
the threat is transient or substantive, and whether there is an imminent threat of harm to students and the campus community.
(b) In the case of an imminent threat of harm to students, including an active assailant incident or hostage situation, notification to parents must be made as soon as practicable. The notification should be made in consultation with local law enforcement and first responders in order to avoid compromising the safety of students and the efficacy of the emergency response and investigation.
(c) In determining the content of notifications to parents, districts must consider including specific information about the threat or incident necessary to inform parents and safeguard the community as determined by the threat assessment team, or other person or entity responsible for parent notification. Such information may include the date and time of the incident, the location and nature of the threat or incident, how and whether the threat or incident was resolved, a description of the suspect (where applicable), crime prevention and safety tips and crime and threat reporting information.
(d) Notifications must be made in accordance with the Family Educational Rights and Privacy Act (FERPA).
SECTION 4. (1) Nothing in this act shall be construed to:
(a) Violate the provisions of any collective bargaining agreement or employment contract in effect on the effective date of this act; or
(b) Infringe upon any applicable state or federal laws related to student privacy or records.
(2) Records and discussions related to threat assessment activities shall be maintained as confidential, consistent with state and federal privacy laws, including but not limited to the Family Educational Rights and Privacy Act (FERPA).
SECTION 5. (1) The State Department of Education shall:
(a) Develop reporting protocols for school districts to document threat assessment activities and outcomes; and
(b) Provide an annual report to the Legislature summarizing the implementation and effectiveness of behavioral threat assessment programs statewide.
(2) The State Board of Education shall promulgate rules and regulations necessary for the enforcement of this act.
SECTION 6. Section 37-3-91, Mississippi Code of 1972, is amended as follows:
37-3-91. (1) Subject to the availability of funds
appropriated for such purpose, the State Department of Education may establish
regional behavioral institutes for the purpose of providing state-of-the-art
training to teachers and administrators in discipline and classroom management
strategies * * *,
behavioral health screenings for students and behavioral threat assessments.
(2) Any school district may volunteer to participate in a regional behavioral institute. However, the State Department of Education may require a school district to participate in a regional behavioral institute if the department determines that such participation is in the best interest of the school district based upon:
(a) Complaints received and determined by the department to be valid which relate to disciplinary problems in the school district;
(b) Any visit to the school by representatives of the department which indicates disciplinary problems in the school district; or
(c) A review of reports submitted by a school district to the department which indicates disciplinary problems in the school district.
(3) Effective with the 2019-2020 school year, the Mississippi Department of Mental Health shall develop a standardized Memorandum of Understanding ("MOU") to be utilized by the Mississippi Department of Mental Health certified mental health providers and mental health facilities in providing mental health services to local school districts. The MOU shall include standardized behavioral health screening and referral protocols, procedures and forms to be utilized by the local school districts. Any standardized behavioral health screening and referral protocols shall only be performed on students with the approval of the student's parent or legal guardian. The Mississippi Department of Mental Health shall provide online training for appropriate school personnel to conduct initial behavioral health screenings of students experiencing or exhibiting behavioral stress or at risk of harming themselves or others.
(4) Beginning with the 2025-2026 school year, the State Department of Education shall partner with the Mississippi Department of Mental Health and the Mississippi Office of Homeland Security to provide behavioral threat assessment training and best practices strategies to personnel employed by local school districts.
SECTION 7. Section 37-3-93, Mississippi Code of 1972, is amended as follows:
37-3-93. (1) Subject to the availability of funding specifically appropriated for such purpose, there is established a School Crisis Management Program under the State Department of Education. This program is to be initiated and executed by the department using only existing staff and resources. Under this program, the State Department of Education shall create an office making available a quick response team of personnel trained in school safety and crisis management to respond to traumatic or violent situations that impact students and faculty in the public schools in Mississippi. The required School Crisis Management Program shall operate in accordance with the following:
(a) The basic response team shall consist of those personnel designated by the State Superintendent of Public Education, or their designees, depending on the size of the school and the nature of the event, including, at a minimum:
(i) A school psychologist, counselor, social worker, or other mental health professional with expertise in student counseling;
(ii) A licensed instructional professional;
(iii) A school principal or senior school administrator;
(iv) A school resource officer or school employee with law enforcement liaison responsibilities; and
(v) The Director of the School Safety Center or the Director of the School Crisis Management Program within the State Department of Education.
(b) In order to access the services of a response team, the request must be made by the local school principal or the superintendent of schools, who shall make the request to the State Department of Education or its contact designee.
(c) A response team shall enter a school to work with students and faculty for a period of no more than three (3) days, unless otherwise requested by the school district.
(d) The State Department of Education, or its designee, shall operate a toll-free incoming wide area telephone service for the purpose of receiving reports of suspected cases of school violence and other traumatic situations impacting on students and faculty in the public schools.
(e) The request made by a school district to access the services of a response team following a school safety incident may seek a review of the local school district's safety plan, and the results of this evaluation may be published by the local school board in a newspaper with wide circulation in the district.
(f) Subject to the availability of funds specifically appropriated therefor by the Legislature, the expenses of the quick response teams and their administrative support shall be provided from state funds. The State Department of Education may apply for and expend funds for the support and maintenance of this program from private and other funding sources.
(2) Local school districts, school superintendents and principals may request and utilize the services of quick response teams provided for under this section; however, this section does not require school officials to request the services of quick response teams.
(3) As a component of the School Crisis Management Program, the Mississippi Office of Homeland Security shall develop a curriculum, train and certify threat assessment officers and school district personnel in behavioral threat assessment as required under Sections 2 and 3 of this act. A certified threat assessment officer shall conduct an annual inspection and threat assessment of each public school in the state. The threat assessment officer shall develop an improvement plan for each school inspected. The assessment shall include the inspection of surveillance equipment and building-specific floor plans. The findings of the inspection and threat assessment, including a copy of the improvement plan shall be provided to local law enforcement agencies and the local school board within four (4) weeks of completion.
SECTION 8. This act shall take effect and be in force from and after July 1, 2025.