As Introduced
136th General Assembly
Regular Session S. B. No. 463
2025-2026
Senators Gavarone, Brenner
To amend sections 3313.669, 3314.03, 3326.11, and 5502.263 and to enact section 5502.264 of the Revised Code regarding threat assessment teams and model behavioral threat assessment plans and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.669, 3314.03, 3326.11, and 5502.263 be amended and section 5502.264 of the Revised Code be enacted to read as follows:
Sec.
3313.669. (A)
Beginning
not later than two years after the effective date of this section,
each As
used in this section, "administrator" has the same meaning
as in section 5502.262 of the Revised Code.
(B) Each local, city, exempted village, and joint vocational school district and chartered nonpublic school shall create a threat assessment team for each school building in the district serving grades six through twelve. The duties of the threat assessment team shall include the coordination of resources and the assessment and intervention of students whose behavior may pose a threat to the safety of the school, school staff, or students. Upon appointment and once every three years thereafter, each team member shall complete an approved threat assessment training program from the list maintained by the department of public safety pursuant to section 5502.263 of the Revised Code.
(B)(1)The
threat assessment team shall do all of the following:
(1) Involve all members of the team in the threat assessment, threat management process, and final decision-making;
(2) Identify members of the school community to whom threatening behavior shall be reported;
(3) Provide guidance to students, faculty, and staff regarding recognition of threatening or concerning behavior that may represent a threat to the community, school, or self.
(C)(1) If a school building has a similarly constituted safety team as of the effective date of this section, that team also may serve as the threat assessment team, provided that the team and each member comply with the requirements of this section.
(2) If members of a team described in division (B)(1) of this section that have completed a training program in the year immediately preceding the implementation date specified in division (A) of this section that later is approved by the department, the team members shall not be required to complete the training program for two years after the implementation date. A new member that joins a team described in division (B)(2) of this section shall complete an approved training program upon appointment.
(C)(D)
Each district building shall include proof of completion of an
approved training program by each team member in the building's
emergency management plan submission to the director of public safety
in accordance with rules adopted under division (F) of section
5502.262 of the Revised Code.
(E)(1)
Each
team shall be multidisciplinary,
when possible,
and shall
include a person who has received a certificate of having
satisfactorily completed an approved basic peace officer training
program and is a law enforcement officer as defined under section
9.69 of the Revised Code and members with expertise in counseling,
instruction, school administration, and law enforcement, which may
include school administrators, mental health professionals, school
resource officers, and other necessary personnel.
(D)(2)
Each team shall include at least one member who has personal
familiarity with the individual who is the subject of the threat
assessment. If no member of the threat assessment team has such
familiarity, a school or school district employee who is personally
familiar with the individual who is the subject of the threat
assessment shall consult with the threat assessment team for the
purpose of assessing the threat. The employee who provides such
consultation shall not participate in the decision-making process.
(F) Each threat assessment team shall use the model behavioral threat assessment plan developed under section 5502.263 of the Revised Code when evaluating the behavior of students who may pose a threat to the school, school staff, or students and to coordinate intervention and services for such students.
(G) Upon a preliminary determination that a student poses a threat of violence or physical harm to the student or others, a threat assessment team shall immediately report its determination to an administrator. The administrator shall immediately attempt to notify the student's parent or legal guardian. Nothing in this section prevents district or school staff from acting immediately to address an imminent threat.
(H) Notwithstanding any other provision of law, all state and local agencies and programs that provide services to students experiencing or at risk of an emotional disturbance or a mental illness, including the school district, the chartered nonpublic school, school personnel, state and local law enforcement agencies, the department of youth services, the department of children and youth, the department of health, the department of developmental disabilities, the department of education and workforce, and any service or support provider contracting with such agencies, may share with each other records or information that are confidential or exempt from disclosure under section 149.43 of the Revised Code if the records or information are reasonably necessary to ensure access to appropriate services for the student or to ensure the safety of the student or others. All such state and local agencies and programs shall communicate, collaborate, and coordinate efforts to serve such students.
(I) If an immediate mental health or substance abuse crisis is suspected, school personnel shall follow steps established by the threat assessment team to engage behavioral health crisis resources. Behavioral health crisis resources, including mobile crisis teams and school resource officers trained in crisis intervention, shall provide emergency intervention and assessment, make recommendations, and refer the student for appropriate services. Onsite school personnel shall report all such situations and actions taken to the threat assessment team, which shall contact the other agencies involved with the student and any known service providers to share information and coordinate any necessary follow up actions. Upon the student's transfer to a different school, the threat assessment team shall verify 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.
(J) The threat assessment team shall prepare a threat assessment report required by the model threat assessment plan developed under section 5502.263 of the Revised Code. For a public school, a threat assessment report, all corresponding documentation, and any other information required by the model threat assessment plan is an education record under section 3319.321 of the Revised Code.
Upon a student's transfer to a different school, the threat assessment team shall transfer the threat assessment report, educational records, and all corresponding documentation to the receiving school within five days.
(K) Each district board shall establish a threat assessment coordinator to serve as the primary point of contact regarding the district's coordination, communication, and implementation of the threat management program and to report quantitative data to the department of public safety in accordance with guidance from the office.
(L) A school or school district, member of a district board of education or governing authority, or a district or school employee, including a school threat assessment team member, is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from a team member's execution of duties related to school safety unless the team member's act or omission constitutes willful or wanton misconduct.
This section does not eliminate, limit, or reduce any other immunity or defense that a school or school district, member of a district board or governing authority, or district or school employee, including a threat assessment team member, may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.
Sec. 3314.03. A copy of every contract entered into under this section shall be filed with the director of education and workforce. The department of education and workforce shall make available on its web site a copy of every approved, executed contract filed with the director under this section.
(A) Each contract entered into between a sponsor and the governing authority of a community school shall specify the following:
(1) That the school shall be established as either of the following:
(a) A nonprofit corporation established under Chapter 1702. of the Revised Code, if established prior to April 8, 2003;
(b) A public benefit corporation established under Chapter 1702. of the Revised Code, if established after April 8, 2003.
(2) The education program of the school, including the school's mission and educational philosophy, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum;
(3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide achievement assessments;
(4) Performance standards, including but not limited to all applicable report card measures set forth in section 3302.03 or 3314.017 of the Revised Code, by which the success of the school will be evaluated by the sponsor;
(5) The admission standards of section 3314.06 of the Revised Code and, if applicable, section 3314.061 of the Revised Code;
(6)(a) Dismissal procedures;
(b) A requirement that the governing authority adopt an attendance policy that includes a procedure for automatically withdrawing a student from the school if the student without a legitimate excuse fails to participate in seventy-two consecutive hours of the learning opportunities offered to the student.
(7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves;
(8) Requirements for financial audits by the auditor of state. The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state. Audits shall be conducted in accordance with section 117.10 of the Revised Code.
(9) An addendum to the contract outlining the facilities to be used that contains at least the following information:
(a) A detailed description of each facility used for instructional purposes;
(b) The annual costs associated with leasing each facility that are paid by or on behalf of the school;
(c) The annual mortgage principal and interest payments that are paid by the school;
(d) The name of the lender or landlord, identified as such, and the lender's or landlord's relationship to the operator, if any.
(10) Qualifications of employees, including both of the following:
(a) A requirement that the school's classroom teachers be licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except that a community school may engage noncertificated persons to teach up to twelve hours or forty hours per week pursuant to section 3319.301 of the Revised Code;
(b) A prohibition against the school employing an individual described in section 3314.104 of the Revised Code in any position.
(11) That the school will comply with the following requirements:
(a) The school will provide learning opportunities to a minimum of twenty-five students for a minimum of nine hundred twenty hours per school year.
(b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school.
(c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution.
(d) The school will comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.24, 3301.948, 3302.037, 3302.131, 3313.472, 3313.473, 3313.474, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031, 3313.6032, 3313.6034, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.2214, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46, 3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.264, 5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district and will comply with section 3301.0714 of the Revised Code in the manner specified in section 3314.17 of the Revised Code.
(e) The school shall comply with Chapter 102. and section 2921.42 of the Revised Code.
(f) The school will comply with sections 3313.61, 3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the Revised Code, except that for students who enter ninth grade for the first time before July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum in any high school prior to receiving a high school diploma may be met by completing the curriculum adopted by the governing authority of the community school rather than the curriculum specified in Title XXXIII of the Revised Code or any rules of the department. Beginning with students who enter ninth grade for the first time on or after July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum of a high school prior to receiving a high school diploma shall be met by completing the requirements prescribed in section 3313.6027 and division (C) of section 3313.603 of the Revised Code, unless the person qualifies under division (D) or (F) of that section. Each school shall comply with the plan for awarding high school credit based on demonstration of subject area competency, and beginning with the 2017-2018 school year, with the updated plan that permits students enrolled in seventh and eighth grade to meet curriculum requirements based on subject area competency adopted by the department under divisions (J)(1) and (2) of section 3313.603 of the Revised Code. Beginning with the 2018-2019 school year, the school shall comply with the framework for granting units of high school credit to students who demonstrate subject area competency through work-based learning experiences, internships, or cooperative education developed by the department under division (J)(3) of section 3313.603 of the Revised Code.
(g) The school governing authority will submit within four months after the end of each school year a report of its activities and progress in meeting the goals and standards of divisions (A)(3) and (4) of this section and its financial status to the sponsor and the parents of all students enrolled in the school.
(h) The school, unless it is an internet- or computer-based community school, will comply with section 3313.801 of the Revised Code as if it were a school district.
(i) If the school is the recipient of moneys from a grant awarded under the federal race to the top program, Division (A), Title XIV, Sections 14005 and 14006 of the "American Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the school will pay teachers based upon performance in accordance with section 3317.141 and will comply with section 3319.111 of the Revised Code as if it were a school district.
(j) If the school operates a preschool program that is licensed by the department under sections 3301.52 to 3301.59 of the Revised Code, the school shall comply with sections 3301.50 to 3301.59 of the Revised Code and the minimum standards for preschool programs prescribed in rules adopted by the department of children and youth under section 3301.53 of the Revised Code.
(k) The school will comply with sections 3313.6021 and 3313.6023 of the Revised Code as if it were a school district unless it is either of the following:
(i) An internet- or computer-based community school;
(ii) A community school in which a majority of the enrolled students are children with disabilities as described in division (B)(2) of section 3314.35 of the Revised Code.
(l) The school will comply with section 3321.191 of the Revised Code, unless it is an internet- or computer-based community school that is subject to section 3314.261 of the Revised Code.
(m) The school will comply with section 3313.7118 of the Revised Code if it serves elementary school students.
(12) Arrangements for providing health and other benefits to employees;
(13) The length of the contract, which shall begin at the beginning of an academic year. No contract shall exceed five years unless such contract has been renewed pursuant to division (D) of this section.
(14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract;
(15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year.
(16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section 3314.07 of the Revised Code;
(17) Whether the school is to be created by converting all or part of an existing public school or educational service center building or is to be a new start-up school, and if it is a converted public school or service center building, both of the following:
(a) Specification of any duties or responsibilities of an employer that the board of education or service center governing board that operated the school or building before conversion is delegating to the governing authority of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees;
(b) Alternative arrangements for current public school students who choose not to attend the converted school and for teachers who choose not to teach in the school or building after conversion.
(18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school;
(19) A provision requiring the governing authority to adopt a policy regarding the admission of students who reside outside the district in which the school is located. That policy shall comply with the admissions procedures specified in sections 3314.06 and 3314.061 of the Revised Code and, at the sole discretion of the authority, shall do one of the following:
(a) Prohibit the enrollment of students who reside outside the district in which the school is located;
(b) Permit the enrollment of students who reside in districts adjacent to the district in which the school is located;
(c) Permit the enrollment of students who reside in any other district in the state.
(20) A provision recognizing the authority of the department to take over the sponsorship of the school in accordance with the provisions of division (C) of section 3314.015 of the Revised Code;
(21) A provision recognizing the sponsor's authority to assume the operation of a school under the conditions specified in division (B) of section 3314.073 of the Revised Code;
(22) A provision recognizing both of the following:
(a) The authority of public health and safety officials to inspect the facilities of the school and to order the facilities closed if those officials find that the facilities are not in compliance with health and safety laws and regulations;
(b) The authority of the department as the community school oversight body to suspend the operation of the school under section 3314.072 of the Revised Code if the department has evidence of conditions or violations of law at the school that pose an imminent danger to the health and safety of the school's students and employees and the sponsor refuses to take such action.
(23) A description of the learning opportunities that will be offered to students including both classroom-based and non-classroom-based learning opportunities that is in compliance with criteria for student participation established by the department under division (H)(2) of section 3314.08 of the Revised Code;
(24) The school will comply with sections 3302.04 and 3302.041 of the Revised Code, except that any action required to be taken by a school district pursuant to those sections shall be taken by the sponsor of the school.
(25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void.
(26) Whether the school's governing authority is planning to seek designation for the school as a STEM school equivalent under section 3326.032 of the Revised Code;
(27) That the school's attendance and participation policies will be available for public inspection;
(28) That the school's attendance and participation records shall be made available to the department, auditor of state, and school's sponsor to the extent permitted under and in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and any regulations promulgated under that act, and section 3319.321 of the Revised Code;
(29) If a school operates using the blended learning model, as defined in section 3301.079 of the Revised Code, all of the following information:
(a) An indication of what blended learning model or models will be used;
(b) A description of how student instructional needs will be determined and documented;
(c) The method to be used for determining competency, granting credit, and promoting students to a higher grade level;
(d) The school's attendance requirements, including how the school will document participation in learning opportunities;
(e) A statement describing how student progress will be monitored;
(f) A statement describing how private student data will be protected;
(g) A description of the professional development activities that will be offered to teachers.
(30) A provision requiring that all moneys the school's operator loans to the school, including facilities loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate;
(31) A provision requiring that, if the governing authority contracts with an attorney, accountant, or entity specializing in audits, the attorney, accountant, or entity shall be independent from the operator with which the school has contracted.
(32) A provision requiring the governing authority to adopt an enrollment and attendance policy that requires a student's parent to notify the community school in which the student is enrolled when there is a change in the location of the parent's or student's primary residence.
(33) A provision requiring the governing authority to adopt a student residence and address verification policy for students enrolling in or attending the school.
(34) A provision establishing the process by which the governing authority of the school will be selected in the future.
(35) A description of the management and administration of the school.
(36) A provision requiring the governing authority to adopt policies and procedures to establish internal financial controls for the school.
(B) A contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school may provide for the community school governing authority to make payments to the sponsor, which is hereby authorized to receive such payments as set forth in the contract between the governing authority and the sponsor. The total amount of such payments for monitoring, oversight, and technical assistance of the school shall not exceed three per cent of the total amount of payments for operating expenses that the school receives from the state.
(C) The contract shall specify the duties of the sponsor which shall be in accordance with the written agreement entered into with the department under division (B) of section 3314.015 of the Revised Code and shall include the following:
(1) Monitor the community school's compliance with all laws applicable to the school and with the terms of the contract;
(2) Monitor and evaluate the academic and fiscal performance and the organization and operation of the community school on at least an annual basis;
(3) Provide technical assistance to the community school in complying with laws applicable to the school and terms of the contract;
(4) Take steps to intervene in the school's operation to correct problems in the school's overall performance, declare the school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspend the operation of the school pursuant to section 3314.072 of the Revised Code, or terminate the contract of the school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor;
(5) Have in place a plan of action to be undertaken in the event the community school experiences financial difficulties or closes prior to the end of a school year.
(D) Upon the expiration of a contract entered into under this section, the sponsor of a community school may, with the approval of the governing authority of the school, renew that contract for a period of time determined by the sponsor, but not ending earlier than the end of any school year, if the sponsor finds that the school's compliance with applicable laws and terms of the contract and the school's progress in meeting the academic goals prescribed in the contract have been satisfactory. Any contract that is renewed under this division remains subject to the provisions of sections 3314.07, 3314.072, and 3314.073 of the Revised Code.
(E) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 3314.072 of the Revised Code.
Sec. 3326.11. Each science, technology, engineering, and mathematics school established under this chapter and its governing body shall comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.24, 3301.948, 3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.473, 3313.474, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031, 3313.61, 3313.611, 3313.614, 3313.615, 3313.617, 3313.618, 3313.6114, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.7118, 3313.721, 3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.8110, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.614, 3319.90, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.264, 5502.703, and 5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district.
Sec. 5502.263. (A) As used in this section, "evidence-based" means a program or practice that does either of the following:
(1) Demonstrates a rationale based on high-quality research findings or positive evaluation that such a program or practice is likely to improve relevant outcomes and includes ongoing efforts to examine the effects of the program or practice;
(2) Has a statistically significant effect on relevant outcomes based on:
(a) Strong evidence from at least one well-designed and well-implemented experimental study;
(b) Moderate evidence from at least one well-designed and well-implemented quasi-experimental study; or
(c) Promising evidence from at least one well-designed and well-implemented correlation study with statistical controls for selection bias.
(B)
Not
later than two years after March 24, 2021, the The
department
of public safety, in consultation with the department of education
and workforce and the attorney general, shall develop a model
behavioral
threat
assessment plan that may
shall
be
used in a building's emergency management plan developed under
section 5502.262 of the Revised Code. The model plan shall be
used to evaluate the behavior of students who may pose a threat to
the school, school staff, or students, and to coordinate intervention
and services for such students, and shall do
at least the following:
(1) Identify the types of threatening behavior that may represent a physical threat to a school community;
(2) Assess any potential threats, including an assessment of student, family, school, and social dynamics;
(3) Identify individuals to whom threatening behavior should be reported and steps to be taken by those individuals;
(3)(4)
Establish threat assessment guidelines including identification,
evaluation of seriousness of threat or danger, intervention to reduce
potential violence, and follow-up to assess intervention results;
(4)(5)
Establish guidelines for coordinating with local law enforcement
agencies and reports collected through the district's chosen
anonymous reporting program under section 3313.6610 of the Revised
Code and identify a point of contact within each agency;
(6) Monitor and assess the implementation of threat management and safety strategies and evaluate interventions and support provided to students;
(7) Include a standardized threat assessment report, which shall include all documentation associated with the evaluation, intervention, management, and any ongoing monitoring of the threat;
(5)(8)
Conform with all other specifications in a school's emergency
management plan developed under section 5502.262 of the Revised Code.
Evidence-based threat assessment processes or best practice threat assessment guidelines created by the national threat assessment center shall be a resource when developing the model threat assessment plan.
(C)
Not
later than two years after March 24, 2021, the The
department
of public safety, in consultation with the department of education
and workforce and the attorney general, shall develop and maintain a
list of approved training programs for completion by school threat
assessment team members prescribed in section 3313.669 of the Revised
Code, one of which must be free or of no cost to schools. Each
program approved under this section must be an evidence-based program
that provides instruction in the following:
(1) Identifying behaviors, signs, and threats that may lead to a violent act;
(2) Determining the seriousness of a threat;
(3) Developing intervention plans that protect the potential victims and address the underlying problem or conflict that initiated the behavior and assessments of plan results.
Completion of an approved program under this section shall fulfill the training requirements prescribed under section 3313.669 of the Revised Code.
Sec. 5502.264. (A) Not later than one hundred eighty days after the effective date of this section, the department of public safety, in consultation with the department of education and workforce, shall establish a statewide, connected behavioral threat assessment and management program for school districts and nonpublic schools. The program shall focus on school safety and security, including prevention and intervention efforts. The program shall assist school districts and schools to do all of the following:
(1) Provide a statewide data collection and reporting mechanism for behavioral threat assessment and management data from each school and school district;
(2) Identify, assess, manage, and monitor potential and real threats to schools;
(3) Create threat assessment reports that include intervention and case management plans;
(4) Conduct a statewide search for past threat assessment history and initiate data transfer requests;
(5) Gather and securely store evidence-based threat assessment information and case information;
(6) Assess and document student incident risk level;
(7) Manage and document student intervention plans;
(8) Create threat assessment team meetings and track meeting minutes;
(9) Track assessment progress, update a threat assessment report, corresponding documentation, or any other information required by the behavioral threat assessment process;
(10) Improve team response through system functionality including automated notifications and queues;
(11) Improve data accuracy and completeness through data validation;
(12) Retain, maintain, and allow the transfer of education records in the program in accordance with rules adopted by the department of public safety, in consultation with the department of education and workforce, and in accordance with state and federal law;
(13) Provide a secure data transfer portal for securely sending and receiving relevant student intervention and risk details, threat assessment, and case management information between school districts if a student transfers to a new school;
(14) Provide a platform that is centralized, web-based, and hosted in a secured cloud environment that is restricted for government use;
(15) Allow the threat assessment teams to utilize a single search to query disparate data sources and return consolidated information in a single view to approve the efficiency of threat assessment teams. These data sources may include law enforcement data, mental health data sources, school system data sources, juvenile justice data, social media monitoring data, anonymous tips data, and any other similar data source that is considered appropriate to assist with initial threat assessment. The search function shall be flexible and scalable so that additional functionality and additional data sources may be added in the future.
(16) 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;
(17) Notify the department of public safety, the department of education and workforce, and public and nonpublic school administrators of attempts to access any education records by unauthorized personnel;
(18) Adopt configurable data retention policies;
(19) Follow behavioral threat assessment best practices developed by the department of public safety, in consultation with the department of education and workforce, under section 5502.263 of the Revised Code;
(20) Gather and report behavioral threat assessment data to the department of public safety and department of education and workforce;
(21) Prove a secure digital repository that permits authorized users to upload documents and search content.
(B) The department of public safety, in consultation with the department of education and workforce, shall provide access to a case management platform with the ability to integrate all student information systems used throughout the state and to securely and, in compliance with state and federal law, search, share, and transfer student information system data among school districts and schools.
(C) The department of public safety shall make purchases necessary to develop and maintain the program using a competitive selection process in accordance with Chapter 125. of the Revised Code.
(D) Once implemented by the department of public safety, each city, local, exempted village, and joint vocational school district shall participate in the program. Each chartered or nonchartered nonpublic school may choose to participate in the program.
(E) The department of public safety shall provide annual role-based training to all school district or school personnel authorized to access the threat management portal.
(F) The information and documentation included and maintained under the program, including the portal, shall be managed in a manner that complies with all of the following:
(1) Section 3319.321 of the Revised Code and the "Family Educational Rights and Privacy Act of 1974," 20 U.S.C. 1232g, as amended. A student's parent may access the student's records that are maintained under the program but shall not be given direct access to the threat management portal.
(2) The HIPAA privacy rule, as defined in section 3798.01 of the Revised Code;
(3) Records sealed or expunged under section 2151.356 or 2151.358 of the Revised Code.
(G) The department of public safety shall determine and communicate to each school district and school all incidents that shall be reported to the department through the threat management portal.
(H) Quarterly, the department of public safety shall review and audit the program. Each school district or participating nonpublic school shall comply with the the department's requirements for the review and audit.
(I) Not later than the fifteenth day of March of each year, the department of public safety shall issue a report to the governor and, in accordance with section 101.68 of the Revised Code, the general assembly on the activities of the program and fund established under this section.
(J) The behavioral threat assessment and management program fund is created in the state treasury. The fund shall consist of such amounts designated for the purposes of the fund by the general assembly. The department of public safety may also receive funds from other sources to support the program. The department shall administer the fund. The department shall use the money in the fund to develop and implement the program as described under this section. Interest and investment earnings of the fund shall be credited to the fund.
Section 2. That existing sections 3313.669, 3314.03, 3326.11, and 5502.263 of the Revised Code are hereby repealed.
Section 3. All items in this act are hereby appropriated as designated out of any moneys in the state treasury to the credit of the designated fund. For all operating appropriations made in this act, those in the first column are for fiscal year 2026 and those in the second column are for fiscal year 2027. The operating appropriations made in this act are in addition to any other operating appropriations made for these fiscal years.
Section 4.
|
1 |
2 |
3 |
4 |
5 |
A |
DPS DEPARTMENT OF PUBLIC SAFETY |
||||
B |
Dedicated Purpose Fund Group |
||||
C |
5BL1 |
769413 |
Behavioral Threat Assessment and Management |
$0 |
$9,000,000 |
D |
TOTAL Dedicated Purpose Fund Group |
$0 |
$9,000,000 |
||
E |
TOTAL ALL BUDGET FUND GROUPS |
$0 |
$9,000,000 |
||
BEHAVIORAL THREAT ASSESSMENT AND MANAGEMENT
On the effective date of this section, or as soon as possible thereafter, the Director of Budget and Management shall transfer $9,000,000 cash from the General Revenue Fund to the Behavioral Threat Assessment and Management Program Fund (Fund 5BL1) to support the appropriation made in this act.
The foregoing appropriation item 769413, Behavioral Threat Assessment and Management, shall be used to support the statewide, connected behavioral threat assessment and management program developed by the department of public safety as described in section 5502.264 of the Revised Code.
Section 5. Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the manner in which appropriation accounts shall be maintained. Expenditures from operating appropriations contained in this act shall be accounted for as though made in, and are subject to all applicable provisions of, H.B. 96 of the 136th General Assembly.
Section 6. Section 3326.11 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 10 and H.B. 96 of the 136th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.