Behavioral Threat Assessment Program; require State Department of Education and Department of Mental Health to establish.

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To: Education;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 1132

AN ACT TO ESTABLISH A STATEWIDE BEHAVIORAL THREAT ASSESSMENT 1
PROGRAM THROUGH COLLABORATION BETWEEN THE STATE DEPARTMENT OF 2
EDUCATION AND THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH; TO 3
PROVIDE FOR THE IMPLEMENTATION OF BEHAVIORAL THREAT ASSESSMENT 4
PROGRAMS IN LINE WITH EVIDENCE-BASED MODELS, PARTICULARLY THE 5
COMPREHENSIVE SCHOOL THREAT ASSESSMENT GUIDELINES (CSTAG) AND 6
RECOMMENDATION OF THE UNITED STATES DEPARTMENT OF HOMELAND 7
SECURITY; TO PROVIDE TRAINING FOR SCHOOL PERSONNEL VIA THE 8
MISSISSIPPI OFFICE OF HOMELAND SECURITY; TO REQUIRE SCHOOL BOARDS 9
TO PROVIDE FOR THREAT ASSESSMENT TEAMS AT EACH SCHOOL; TO REQUIRE 10
THE THREAT ASSESSMENT TEAMS TO IDENTIFY STUDENTS OF CONCERN, 11
ASSESSING RISKS, AND IMPLEMENTING INTERVENTIONS; TO REQUIRE THE 12
TEAMS BE A MULTIDISCIPLINARY COMPOSITION TO INCLUDE MENTAL HEALTH 13
PROFESSIONALS, LICENSED INSTRUCTIONAL STAFF, ADMINISTRATORS, 14
SCHOOL RESOURCE OFFICERS AND DESIGNATED SCHOOL SAFETY SPECIALISTS; 15
TO PRESCRIBE PROCEDURES FOR MENTAL HEALTH SERVICES, INCLUDING THE 16
USE OF MOBILE CRISIS TEAMS AND LAW ENFORCEMENT CONSULTATION WHEN 17
NEEDED; TO REQUIRE SCHOOL DISTRICTS TO COLLABORATE WITH LOCAL LAW 18
ENFORCEMENT AGENCIES FOR REPORTING THREATS AND DEFINING THE ROLE 19
OF SCHOOL RESOURCE OFFICERS IN HANDLING INCIDENTS; TO REQUIRE 20
SCHOOL DISTRICTS TO ADOPT PARENTAL NOTIFICATION POLICIES THAT ALSO 21
ENSURE COMPLIANCE WITH THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY 22
ACT; TO PROVIDE PROTECTIONS FOR EMPLOYMENT AND CONFIDENTIALITY OF 23
THREAT ASSESSMENT RECORDS; TO REQUIRE THE STATE DEPARTMENT OF 24
EDUCATION TO DEVELOP PROTOCOLS FOR DOCUMENTING THREAT ASSESSMENTS 25
AND TO SUBMIT AN ANNUAL LEGISLATIVE REPORT; TO AMEND SECTION 26
37-3-91, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DEPARTMENT 27
OF EDUCATION TO PARTNER WITH THE MISSISSIPPI DEPARTMENT OF MENTAL 28
HEALTH AND MISSISSIPPI OFFICE OF HOMELAND SECURITY TO PROVIDE 29
BEHAVIORAL THREAT ASSESSMENT TRAINING; TO AMEND SECTION 37-3-93, 30
MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED 31
PURPOSES. 32
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 33
SECTION 1. The Legislature finds that ensuring the safety 34
and security of Mississippi schools is a critical priority. 35
Behavioral threat assessment programs have been proven to 36
identify, assess, and intervene with individuals who may pose 37
risks to the school community. It is the intent of this act to 38
foster collaboration between the State Department of Education and 39
the Mississippi Department of Mental Health to administer the 40
implementation of threat assessment programs in public schools 41
consistent with the evidence-based model for schools in conducting 42
threat assessments in K-12 schools as prescribed within the 43
Comprehensive School Threat Assessment Guidelines (CSTAG). 44
SECTION 2. As used in this act, the following terms shall 45
have the meanings ascribed in this section, unless the context of 46
use clearly requires otherwise: 47
(a) "Threat" means a communication of intent to harm 48
someone that may be spoken, written, gestured or expressed in some 49
other form, such as via text messaging, email or other digital 50
means. An expression of intent to harm anyone whether on school 51
grounds or off school grounds is considered a threat regardless of 52
whether it is communicated to the intended targets and regardless 53
of whether the intended target is aware of the threat. Threats 54
may be implied by behavior that an observer would reasonably 55
regard as threatening, planning or preparing to commit a violent 56
act. 57
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(b) "Behavioral Threat Assessment" means a systematic 58
process for assessing an individual who may pose a threat of 59
violence, including distinguishing between individuals who make a 60
threat and individuals who pose a threat. The process shall 61
utilize a three-step methodology consisting of: 62
(i) An initial standardized screening tool used to 63
identify individuals exhibiting concerning behavior; 64
(ii) A comprehensive, empirically-based evaluation 65
or assessment process for individuals identified by the screener 66
to determine the nature and severity of any potential threat; and 67
(iii) The development and implementation of 68
individualized intervention strategies to mitigate identified 69
risks. 70
(c) "Certified threat assessor" means a school employee 71
or threat assessment team member who has completed an approved 72
training course in behavioral threat assessment. 73
(d) "Empirically-based" means supported by evidence 74
derived from scientific research or observation. This shall apply 75
to any tools utilized to determine levels of threat and/or risk. 76
(e) "Approved tools" means a standardized, digital tool 77
that includes the empirically-based tools approved by the State 78
Department of Education that aids in the documentation, screening 79
and evaluation of threats. 80
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SECTION 3. (1) The State Department of Education, in 81
consultation with the Mississippi Department of Mental Health, 82
shall: 83
(a) Develop a behavioral threat assessment program to 84
be implemented by all public school districts; 85
(b) Establish guidelines and standards for such 86
programs consistent with the Comprehensive School Threat 87
Assessment Guidelines (CSTAG) and recommendations of the United 88
States Department of Homeland Security and other relevant 89
agencies; and 90
(c) Making available, for use of training purposes, a 91
digital platform aligning with the Mississippi Office of Homeland 92
Security for school personnel on the implementation of the 93
program, focusing on identifying, assessing and managing potential 94
threats, in accordance with standards established by the United 95
States Department of Homeland Security. 96
(2) The local school board of each school district shall 97
adopt a policy requiring the establishment of a threat assessment 98
team at each school to implement the program, the purpose of said 99
team shall be to: 100
(a) Assist teachers, administrators, and staff in 101
identifying students of concern; 102
(b) Utilize empirically-based, digital screening and 103
assessment to determine the level of risk posed by these students; 104
(c) Develop intervention strategies to mitigate risks; 105
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(d) Enhance the overall safety and security of the 106
school environment; 107
(e) Promote the coordination of resources and 108
assessment of and intervention with individuals whose behavior may 109
pose a threat to the safety of staff or students; 110
(f) Identify mental health services available in the 111
district and the procedure for referrals to those mental health 112
services; 113
(g) Define acts that pose a threat to school safety and 114
petty acts of misconduct which are not a threat to school safety 115
and do not require law enforcement consultation; 116
(h) Consult with law enforcement when a student 117
exhibits a pattern of behavior, based on previous acts or the 118
severity of the act, which would pose a threat to school safety; 119
and 120
(i) Establish policies to be used by school personnel 121
to engage behavioral health crisis resources if an immediate 122
mental health or substance abuse crisis is suspected which, at a 123
minimum require: 124
(i) Mobile crisis teams and school resource 125
officers trained in crisis intervention to provide emergency 126
intervention and assessment, make recommendations and refer the 127
student for appropriate services; 128
(ii) Onsite school personnel to report all such 129
situations and actions taken to the threat assessment team, which 130
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must contact other agencies involved with the student and any 131
known service providers to share information and coordinate any 132
necessary follow‐up actions; and 133
(iii) Upon the student's transfer to a different 134
school, verification that any intervention services provided to 135
the student remain in place until the threat assessment team of 136
the receiving school independently determines the need for 137
intervention services. 138
(3) Each threat assessment team shall be multidisciplinary 139
in composition and, to the extent practicable, include the 140
following: 141
(a) A school psychologist, counselor, social worker, or 142
other mental health professional with expertise in student 143
counseling; 144
(b) A licensed instructional professional; 145
(c) A school principal or senior school administrator; 146
(d) A school resource officer or school employee with 147
law enforcement liaison responsibilities; and 148
(e) The designated school safety specialist under 149
Section 37-3-82 or the threat assessment officer responsible for 150
conducting the annual inspection and threat assessment of assigned 151
schools under Section 37-3-93, if not already included. 152
(4) Additional school employees or external experts may 153
serve as regular members or be consulted as needed. 154
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(5) Multidisciplinary threat assessment teams shall have a 155
"Duty to Share" the transfer of information with other team 156
members and agencies in the course of the threat assessment 157
process and shall have legal immunity. 158
SECTION 4. (1) Each school district shall have an agreement 159
with its local law enforcement agency having primary jurisdiction 160
in the area the school district is located regarding reporting 161
specified actions or behavior to law enforcement. The agreement 162
must: 163
(a) Specify guidelines for ensuring that acts that pose 164
a threat to school safety, whether committed by a student or an 165
adult, are reported to the local law enforcement agency; and 166
(b) Include the role of school resource officers, if 167
applicable, in handling reported incidents and require school 168
personnel to consult with school resource officers concerning 169
appropriate delinquent acts and crimes. 170
(2) (a) Each school district must adopt a policy to provide 171
notification to parents of threats and unlawful acts or 172
significant emergencies that occur on school grounds, during 173
school transportation or during school‐sponsored activities. The 174
policies must address: 175
(i) The timing, content, scope and manner of 176
notification; 177
(ii) Circumstances when law enforcement must be 178
consulted; 179
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(iii) The person or entity with responsibility for 180
parental notification; and 181
(iv) Involvement of the threat assessment team. 182
In making these determinations, district policies must take 183
into consideration the nature of the reported threat or incident, 184
whether the threat or incident is ongoing or resolved, whether 185
the threat is transient or substantive, and whether there is an 186
imminent threat of harm to students and the campus community. 187
(b) In the case of an imminent threat of harm to 188
students, including an active assailant incident or hostage 189
situation, notification to parents must be made as soon as 190
practicable. The notification should be made in consultation with 191
local law enforcement and first responders in order to avoid 192
compromising the safety of students and the efficacy of the 193
emergency response and investigation. 194
(c) In determining the content of notifications to 195
parents, districts must consider including specific information 196
about the threat or incident necessary to inform parents and 197
safeguard the community as determined by the threat assessment 198
team, or other person or entity responsible for parent 199
notification. Such information may include the date and time of 200
the incident, the location and nature of the threat or incident, 201
how and whether the threat or incident was resolved, a description 202
of the suspect (where applicable), crime prevention and safety 203
tips and crime and threat reporting information. 204
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(d) Notifications must be made in accordance with the 205
Family Educational Rights and Privacy Act (FERPA). 206
SECTION 5. (1) Nothing in this act shall be construed to: 207
(a) Violate the provisions of any collective bargaining 208
agreement or employment contract in effect on the effective date 209
of this act; or 210
(b) Infringe upon any applicable state or federal laws 211
related to student privacy or records. 212
(2) Records and discussions related to threat assessment 213
activities shall be maintained as confidential, consistent with 214
state and federal privacy laws, including but not limited to the 215
Family Educational Rights and Privacy Act (FERPA). 216
SECTION 6. (1) The school districts shall provide an annual 217
report to the State Department of Education, including the threat 218
assessment team and shall report the threat assessment team's 219
activities and the members of the state-level safety team 220
established. The report must include quantitative data on threat 221
assessment team activities, including post-incident assessments, 222
and must provide information on effectiveness of the team's 223
response to incidents deemed to pose a risk to school safety. The 224
report must comply with FERPA and all other relevant state and 225
federal privacy laws. 226
(2) The State Board of Education shall promulgate rules and 227
regulations necessary for the enforcement of this act. 228
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SECTION 7. Section 37-3-91, Mississippi Code of 1972, is 229
amended as follows: 230
37-3-91. (1) Subject to the availability of funds 231
appropriated for such purpose, the State Department of Education 232
may establish regional behavioral institutes for the purpose of 233
providing state-of-the-art training to teachers and administrators 234
in discipline and classroom management strategies * * *, 235
behavioral health screenings for students and behavioral threat 236
assessments. 237
(2) Any school district may volunteer to participate in a 238
regional behavioral institute. However, the State Department of 239
Education may require a school district to participate in a 240
regional behavioral institute if the department determines that 241
such participation is in the best interest of the school district 242
based upon: 243
(a) Complaints received and determined by the 244
department to be valid which relate to disciplinary problems in 245
the school district; 246
(b) Any visit to the school by representatives of the 247
department which indicates disciplinary problems in the school 248
district; or 249
(c) A review of reports submitted by a school district 250
to the department which indicates disciplinary problems in the 251
school district. 252
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(3) Effective with the 2019-2020 school year, the 253
Mississippi Department of Mental Health shall develop a 254
standardized Memorandum of Understanding ("MOU") to be utilized by 255
the Mississippi Department of Mental Health certified mental 256
health providers and mental health facilities in providing mental 257
health services to local school districts. The MOU shall include 258
standardized behavioral health screening and referral protocols, 259
procedures and forms to be utilized by the local school districts. 260
Any standardized behavioral health screening and referral 261
protocols shall only be performed on students with the approval of 262
the student's parent or legal guardian. The Mississippi 263
Department of Mental Health shall provide online training for 264
appropriate school personnel to conduct initial behavioral health 265
screenings of students experiencing or exhibiting behavioral 266
stress or at risk of harming themselves or others. 267
(4) Beginning with the 2026-2027 school year, the State 268
Department of Education shall partner with the Mississippi 269
Department of Mental Health and the Mississippi Office of Homeland 270
Security to provide behavioral threat assessment training and best 271
practices strategies to personnel employed by local school 272
districts. 273
SECTION 8. Section 37-3-93, Mississippi Code of 1972, is 274
amended as follows: 275
37-3-93. (1) Subject to the availability of funding 276
specifically appropriated for such purpose, there is established a 277
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School Crisis Management Program under the State Department of 278
Education. This program is to be initiated and executed by the 279
department using only existing staff and resources. Under this 280
program, the State Department of Education shall create an office 281
making available a quick response team of personnel trained in 282
school safety and crisis management to respond to traumatic or 283
violent situations that impact students and faculty in the public 284
schools in Mississippi. The required School Crisis Management 285
Program shall operate in accordance with the following: 286
(a) The basic response team shall consist of those 287
personnel designated by the State Superintendent of Public 288
Education, or their designees, depending on the size of the school 289
and the nature of the event, including, at a minimum: 290
(i) A school psychologist, counselor, social 291
worker or other mental health professional with expertise in 292
student counseling; 293
(ii) A licensed instructional professional; 294
(iii) A school principal or senior school 295
administrator; 296
(iv) A school resource officer or school employee 297
with law enforcement liaison responsibilities; and 298
(v) The Director of the School Safety Center or 299
the Director of the School Crisis Management Program within the 300
State Department of Education. 301
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(b) In order to access the services of a response team, 302
the request must be made by the local school principal or the 303
superintendent of schools, who shall make the request to the State 304
Department of Education or its contact designee. 305
(c) A response team shall enter a school to work with 306
students and faculty for a period of no more than three (3) days, 307
unless otherwise requested by the school district. 308
(d) The State Department of Education, or its designee, 309
shall operate a toll-free incoming wide area telephone service for 310
the purpose of receiving reports of suspected cases of school 311
violence and other traumatic situations impacting on students and 312
faculty in the public schools. 313
(e) The request made by a school district to access the 314
services of a response team following a school safety incident may 315
seek a review of the local school district's safety plan, and the 316
results of this evaluation may be published by the local school 317
board in a newspaper with wide circulation in the district. 318
(f) Subject to the availability of funds specifically 319
appropriated therefor by the Legislature, the expenses of the 320
quick response teams and their administrative support shall be 321
provided from state funds. The State Department of Education may 322
apply for and expend funds for the support and maintenance of this 323
program from private and other funding sources. 324
(2) Local school districts, school superintendents and 325
principals may request and utilize the services of quick response 326
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ST: Behavioral Threat Assessment Program;
require State Department of Education and
Department of Mental Health to establish.
teams provided for under this section; however, this section does 327
not require school officials to request the services of quick 328
response teams. 329
(3) As a component of the School Crisis Management 330
Program, * * * participating schools shall use and integrate a 331
sufficient curriculum * * * that trains and * * * certifies threat 332
assessment officers and school district personnel in behavioral 333
threat assessment as required under Sections 2 and 3 of this act, 334
which said curriculum must align with the Mississippi Office of 335
Homeland Security. A certified threat assessment officer shall 336
conduct an annual inspection and threat assessment of each public 337
school in the state. The threat assessment officer shall * * * 338
present an improvement plan for each school inspected. The 339
assessment shall include the inspection of surveillance equipment 340
and building-specific floor plans. The findings of the inspection 341
and threat assessment, including a copy of the improvement plan 342
shall be provided to local law enforcement agencies and the local 343
school board within four (4) weeks of completion. 344
SECTION 9. This act shall take effect and be in force from 345
and after July 1, 2026. 346