California School Discipline Laws & Regulations: Threat Assessment Protocols

Discipline Compendium

California School Discipline Laws & Regulations: Threat Assessment Protocols

Category: Partnerships between Schools and Law Enforcement
Subcategory: Threat Assessment Protocols
State: California

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New in 2023

LAWS

EDC 32265.

(a) The partnership shall sponsor at least two regional conferences for school districts, county offices of education, agencies serving youth, allied agencies, community-based organizations, and law enforcement agencies to identify exemplary programs and techniques that have been effectively used to reduce school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and gang violence, truancy, and excessive absenteeism.

(b) The conference may include, but need not be limited to, information on all of the following topics:

(10) Threat assessment.

EDC 49390

For purposes of this article, unless the context requires otherwise, the following definitions apply:

(a) “Law enforcement” means any of the following:

(1) A peace officer employed or contracted by a school, school district, or local educational agency for school safety purposes.

(2) A police or security department of a local educational agency.

(3) A local law enforcement agency or agencies with geographic jurisdiction over a local educational agency.

(b) “Local educational agency” means a school district, county office of education, or charter school serving pupils in any of grades 6 to 12, inclusive, as part of a middle school or high school.

(c) “Reasonable suspicion” means articulable facts, together with rational inferences from those facts, warranting an objective suspicion.

(d) “School official” means any certificated or classified employee of a local educational agency or member of the school district governing board, county board of education, or governing body of a charter school whose official duties bring the individual in contact with pupils in any of grades 6 to 12, inclusive, as part of a middle school or high school, on a regular basis.

(e) “Threat or perceived threat” means any writing or action of a pupil that creates a reasonable suspicion that the pupil is preparing to commit a homicidal act related to school or a school activity. This may include possession, use, or depictions of firearms, ammunition, shootings, or targets in association with infliction of physical harm, destruction, or death in a social media post, journal, class note, or other media associated with the pupil. It may also include a warning by a parent, pupil, or other individual

EDC 49394. 

(a) Upon the notification described in Section 49393, the local law enforcement agency or the schoolsite police, as described in paragraphs (1) and (2) of subdivision (a) of Section 49390, as appropriate, with the support of the local educational agency, shall immediately conduct an investigation and assessment of any threat or perceived threat described in subdivision (e) of Section 49390.

(b) The investigation and threat assessment under subdivision (a) shall include a review of the firearm registry of the Department of Justice.

(c) The investigation and threat assessment under subdivision (a) shall include a search conducted at the schoolsite, only if the search is justified by a reasonable suspicion that it would produce evidence related to the threat or perceived threat.

REGULATIONS

No relevant regulations found.

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U.S. Department of Education

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