Sec. 4. Best practices for behavioral intervention teams
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The Public Health Service Act is amended by inserting after section 520G of such Act ( 42 U.S.C. 290bb–38 ) the following new section: The Secretary shall identify and facilitate the development of best practices to assist elementary schools, secondary schools, and institutions of higher education in establishing and using behavioral intervention teams. The best practices under subsection
(a)shall address the following: How behavioral intervention teams can operate effectively from an evidence-based, objective perspective while protecting the constitutional and civil rights of individuals. The use of behavioral intervention teams to identify concerning behaviors, implement interventions, and manage risk through the framework of the school’s or institution’s rules or code of conduct, as applicable. How behavioral intervention teams can, when assessing an individual of concern— access training on evidence-based, threat-assessment strategies; ensure that such teams— have trained, diverse stakeholders with varied expertise; and use cross-validation by a wide-range of individual perspectives on the team; and use violence threat assessment. How behavioral intervention teams can help mitigate— the inappropriate use of mental health assessments; inappropriate limitations or restrictions on law enforcement’s jurisdiction over criminal matters; attempts to substitute the behavioral intervention process in place of a criminal process, or impede a criminal process, when an individual's behavior has potential criminal implications; or endangerment of an individual’s privacy by failing to ensure that all applicable Federal and State privacy laws are fully complied with. In carrying out subsection (a)(1), the Secretary shall consult with— the Secretary of Education; the Director of the National Threat Assessment Center of the Department of Homeland Security; the Attorney General of the United States, including the Director of the Bureau of Justice Assistance; teachers and other educators, principals, school administrators, school board members, school psychologists, mental health professionals, and parents of students; local law enforcement agencies and campus law enforcement administrators; privacy experts; and other education and mental health professionals as the Secretary deems appropriate. Not later than 1 year after the date of enactment of this section, the Secretary shall publish the best practices under subsection (a)(1) and the list under subsection (a)(2) on the internet website of the Department of Health and Human Services. The Secretary shall provide technical assistance to institutions of higher education, elementary schools, and secondary schools to assist such institutions and schools in implementing the best practices under subsection (a). In this section: The term behavioral intervention team means a team of qualified individuals who— are responsible for identifying and assessing individuals whose behavior indicates violence or physical bodily harm to self or others; develop and facilitate implementation of evidence-based interventions to mitigate the threat of harm to self or others posed by an individual and address the mental and behavioral health needs of such individuals to reduce such threat; and provide information to students and school employees on recognizing harmful, threatening, or violent behavior that may pose a threat to the community, the school, or an individual. The terms elementary school , parent , and secondary school have the meanings given to such terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). The term mental health assessment means an evaluation, primarily focused on diagnosis, determining the need for involuntary commitment, medication management, and on-going treatment recommendations. The term violence risk assessment means a broad determination of the potential risk of violence based on evidence-based literature. .
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- 42 USC 290bb–38
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