Mandatory Evaluation

If a student is reported to a local law enforcement for issuing a threat of violence or terrorism, the student shall not be permitted to return to school until undergoing a formal mental health evaluation. The law enforcement agency shall file a petition with the appropriate judicial district court for such an evaluation. If the student refuses to be examined by the court-appointed health professional, or if the report of the treating health professional concludes that the student is a danger to himself or others or that he is suffering from substance abuse and needs immediate hospitalization, the student shall not be allowed to return to school and may be transferred by court order to a treatment facility. If the report of the treating medical or mental health professional concludes that the student is not a danger to himself or others and is not in need of immediate hospitalization, then the student may be returned to school but the court may require that the student continue outpatient mental health treatment. If the person who is reported to a local law enforcement agency is not a student, he or she shall not be permitted to be within five hundred feet (500’) of any school until he or she has undergone a formal medical or mental health evaluation and has been deemed by a health care professional not to be dangerous to himself/herself or others.