SF 583 (LSB 1444SV (3) 91)

SENATE FILE 583

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1099)

A BILL FOR

An Act relating to school safety by requiring the creation of threat assessment teams and authorizing information sharing between certain governmental agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  29D.1  Information sharing —— school safety.
   1.  For purposes of this section:
   a.  (1)  “Covered entity” includes all of the following:
   (a)  A criminal or juvenile justice agency as defined in section 692.1.
   (b)  A city, county, or township.
   (c)  A state agency.
   (d)  Any service or support provider that contracts with an entity described in subparagraph divisions (a) through (c).
   (2)  “Covered entity” does not include the judicial branch.
   b.  “School” means all of the following:
   (1)  A school corporation organized under chapter 274.
   (2)  A nonpublic school as defined in section 280.2.
   (3)  A charter school established pursuant to chapter 256E.
   (4)  A charter school or innovation zone school established pursuant to chapter 256F.
   (5)  Any service or support provider that contracts with an entity described in subparagraphs (1) through (4).
   c.  “State agency” means a department, board, bureau, commission, or other agency or authority of the state of Iowa.
   2.  Notwithstanding any provision of law to the contrary, including section 22.7, any covered entity or school that provides services to students enrolled in kindergarten through grade twelve who are experiencing or at risk of an emotional disturbance or mental illness, or who pose an articulable and significant threat to the health and safety of any person, shall, upon the request of another covered entity or school when the covered entity or school is acting as part of a multidisciplinary threat assessment team established pursuant to section 280.36, share records or information that are reasonably necessary to ensure access to appropriate services for such students, or to ensure the safety of such students or others, with any other such covered entity or school.
   3.  Notwithstanding any provision of law to the contrary, including section 22.7, a multidisciplinary threat assessment team established pursuant to section 280.36 may request and receive records or information that are related to students enrolled in kindergarten through grade twelve who are experiencing or at risk of an emotional disturbance or mental illness, or who pose an articulable and significant threat to the health and safety of any person.
   4.  When acting as part of a multidisciplinary threat assessment team established pursuant to section 280.36, a covered entity and a school may communicate, collaborate, and coordinate efforts with other covered entities to best serve students enrolled in kindergarten through grade twelve who are experiencing or at risk of an emotional disturbance or mental illness, or who pose an articulable and significant threat to the health and safety of any person.
    Sec. 2.  Section 256E.7, subsection 2, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0d.  Be subject to and comply with the requirements of section 29D.1 relating to the sharing of records or information, and the communication, collaboration, and coordination of efforts to best serve students, in the same manner as a school district.
   NEW PARAGRAPH.  0t.  Be subject to and comply with the requirements of section 280.36 relating to the establishment of a multidisciplinary threat assessment team in the same manner as a school district.
    Sec. 3.  Section 256F.4, subsection 2, Code 2025, is amended by adding the following new paragraphs:
   NEW PARAGRAPH.  0d.  Be subject to and comply with the requirements of section 29D.1 relating to the sharing of records or information, and the communication, collaboration, and coordination of efforts to best serve students, in the same manner as a school district.
   NEW PARAGRAPH.  r.  Be subject to and comply with the requirements of section 280.36 relating to the establishment of a multidisciplinary threat assessment team in the same manner as a school district.
    Sec. 4.  NEW SECTION.  280.36  Multidisciplinary threat assessment teams —— immunity.
   1.  The board of directors of each school district and the authorities in charge of each accredited nonpublic school may establish a multidisciplinary threat assessment team. If established, the multidisciplinary threat assessment team shall coordinate resources and assess and intervene when a student enrolled in the school district or accredited nonpublic school exhibits behavior that may pose a threat to the safety of the school district or accredited nonpublic school, employees of the school district or accredited nonpublic school, or other student enrolled in the school district or accredited nonpublic school.
   2.  The multidisciplinary threat assessment team may consist of any of the following members:
   a.  A local law enforcement official.
   b.  A representative from juvenile court services.
   c.  A mental health professional.
   d.  A social services representative.
   e.  A school official.
   3.  The board of directors of a school district or the authorities in charge of an accredited nonpublic school may enter into an agreement with another school district, accredited nonpublic school, charter school, or innovation zone school to create a multidisciplinary threat assessment team that shall coordinate resources among the schools and assess and intervene when a student enrolled in either school exhibits behavior that may pose a threat to the safety of either school, employees of either school, or students enrolled in either school.
   4.  A multidisciplinary threat assessment team may do any of the following:
   a.  Share or request records or information in accordance with section 29D.1.
   b.  Request records from a court.
   5.  In addition to any other immunity available, any person who, in good faith with reasonable cause and without malice, acts to report, investigate, or cause any investigation to be made into the activities of a student or other person as such report or investigation relates to conduct or information indicating that the student or person poses a credible danger of serious bodily injury or death to one or more students, school employees, or others on school property shall be immune from all criminal and civil liability that might otherwise be incurred or imposed as the result of the making of such a report, investigation, or disclosure.
   6.  Notwithstanding sections 22.7, 232.147, 232.149, 232.149A, and 232.151, a representative from juvenile court services who is a member of a multidisciplinary threat assessment team may share records or information among the other members of the multidisciplinary threat assessment team if the records or information are reasonably necessary to ensure the safety of students or others, and if the records or information are not sealed by a court order.
   7.  a.  Notwithstanding sections 22.7, 232.147, 232.149, 232.149A, and 232.151, upon the request of a multidisciplinary threat assessment team, a court shall disclose to the multidisciplinary threat assessment team a record if the record is reasonably necessary to ensure the safety of students or others, and if the record is not sealed by a court order.
   b.  Paragraph “a” shall not be construed to prohibit a multidisciplinary threat assessment team from submitting an application to a court for release of a record pursuant to any other authority established by law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to school safety by requiring the creation of threat assessment teams and authorizing information sharing between certain governmental agencies.
   The bill defines “covered entity” to include a criminal or juvenile justice agency; a city, county, or township; a state agency; and any service or support provider that contracts with such entities. The bill defines “state agency” as a department, board, bureau, commission, or other agency or authority of the state of Iowa. “Covered entity” does not include the judicial branch. The bill defines “school” to mean a school corporation organized under Code chapter 274 (school districts), a nonpublic school, a charter school, and an innovation zone school. 
   The bill requires covered entities and schools that provide services to students enrolled in kindergarten through grade 12 who are experiencing or at risk of an emotional disturbance or mental illness, or who pose an articulable and significant threat to the health and safety of any person, to share records or information that are reasonably necessary to ensure access to appropriate services for such students, or to ensure the safety of such students or others, with any other covered entity or school upon the request of the covered entity or school when the covered entity or school is acting as part of a multidisciplinary threat assessment team established pursuant to the bill’s provisions. Multidisciplinary threat assessment teams are authorized to request and receive records or information that are related to students enrolled in kindergarten through grade 12 who are experiencing or at risk of an emotional disturbance or mental illness, or who pose an articulable and significant threat to the health and safety of any person. The bill allows covered entities and schools, when acting as part of a multidisciplinary threat assessment team, to communicate, collaborate, and coordinate efforts to best serve students.
   The bill authorizes school districts, accredited nonpublic schools, charter schools, and innovation zone schools to establish a multidisciplinary threat assessment team. The multidisciplinary threat assessment team is required to coordinate resources and assess and intervene when a student enrolled in the school exhibits behavior that may pose a threat to the safety of the school, school employees, or other students enrolled in the school. The bill establishes the membership of the multidisciplinary threat assessment team. The bill authorizes school districts to enter into an agreement with another school to create a multidisciplinary threat assessment team that covers both schools. The bill also authorizes multidisciplinary threat assessment teams to share records or information in accordance with the bill’s provisions and to request records from a court. The bill provides immunity from criminal and civil liability to certain specified persons who report information related to school safety. A representative from juvenile court services who is a member of a multidisciplinary threat assessment team may share records or information among the other members of the team if the records or information are reasonably necessary to ensure the safety of students or others, and if the records are not sealed by a court order. The bill requires a court to disclose to a multidisciplinary threat assessment team a record upon request if the record is reasonably necessary to ensure the safety of students or others, and if the record is not sealed by a court order.