Iowa students and supporters rallied at the Iowa State Capitol in Des Moines Jan. 8, 2024, calling for lawmakers to pass gun regulations in the wake of the Perry High School shooting the week before. (Photo by Robin Opsahl/Iowa Capital Dispatch)
A House subcommittee moved forward Tuesday with a measure that would allow schools to create “threat assessment teams” in an effort to prevent school shootings.
House Study Bill 47, a measure introduced by the Iowa Department of Public Safety, would authorize K-12 school districts, private schools and charter schools to create threat assessment teams that could consist of school officials, law enforcement officers as well as mental health and social services workers. The teams would be tasked with coordinating resources and intervening when a student exhibits behavior that could pose a threat to the safety of other students or school staff.
The bill allows for the sharing of information on students 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” when the information is deemed “reasonably necessary” to share in order to ensure the safety of others or provide the student access to needed services. It also provides civil immunity to team members in sharing certain information on students related to school safety.
Josie Wagler, speaking on behalf of Iowa DPS, said the department introduced the measure as a way to ensure information can be legally shared between parties when a threat is identified while abiding by restrictions put in place on students’ privacy through the Family Educational Rights and Privacy Act (FERPA) and Health Insurance Portability and Accountability Act (HIPAA).
“Currently, HIPAA and FERPA can create some barriers in having these conversations, and that prohibits law enforcement, school officials from creating a full behavioral picture of a student,” Wagler said. “So really, we’re just trying to extend this runway for information sharing between these entities to be able to secure resources for students prior to a targeted act of violence occurring.”
Education advocates largely spoke in support of the measure, saying that it would provide schools more flexibility and resources when trying to connect students with services that could help them when facing difficult situations.
However, others like Lisa Davis-Cook with the Iowa Association for Justice said “we think protecting students is important, but we also believe that protecting all students is important.” She said the association had privacy concerns about threat assessment teams’ access to confidential student records, as well as the “breadth of terms” in the bill’s language on sharing information about students’ experiencing emotional disturbances or mental illnesses.
“(Students) don’t have to have a mental illness and be a threat, they can just have a mental illness,” Davis-Cook said. “One of our members had a student: 9-year-old kid, parents going through a divorce, doesn’t know how to deal with their emotions, yells at a teacher, flips over a desk. Is that a risk because they might hit another student? We just think that some of that is so broad that it may be interpreted in different ways.”
She also brought up concerns about providing civil immunity to members of the team in sharing confidential information. While the bill states team members only have immunity when acting “in good faith with reasonable cause and without malice,” Davis-Cook said the provision could create a lack of accountability when dealing with sensitive records.
“We still have concerns when you take away people’s liability for these kinds of things because we want them to act responsibly,” Davis-Cook said. “And sometimes giving immunity takes away some of the incentive to act responsibly.”
MaryNelle Trefz with Iowa ACEs 360, an advocacy group focused on trauma recovery, made suggestions to amend the bill including to require threat assessment team members to go through training and give demographic reports on their work.
“If these are not done well, they can adversely impact and target certain students, so we want to make sure we know who is being referred to these threat assessment teams,” Trefz said.
Rep. Monica Kurth, D-Davenport, did not sign off on the bill, saying she had concerns about student confidentiality and supported calls to “tighten” language in the bill to avoid unintended consequences. Rep. Henry Stone, R-Forest City, said he was in support of making “tweaks” to the bill, but said it was an important measure to move forward.
“In light of what happened in Perry, this is something that we need to take serious, and we need to institute these procedures,” Stone said.
The bill advanced 2-1, heading to the House Education Committee for further consideration.