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H 5

SCHOOL SAFETY – Adds to existing law to establish provisions regarding immunity of behavioral threat assessment and management teams in Idaho public schools.

68th Legislature, 1st Regular Session (2025)

Idaho H 5 authorizes K-12 BTAMs and grants good-faith immunity to teams and members who follow model guidelines to identify and prevent targeted school violence.

Reported Printed and Referred to Judiciary, Rules & Administration
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Bill Summary · H 5

Idaho H 5 — Immunity for Behavioral Threat Assessment and Management Teams in Schools

Overview

Idaho House Bill 5 (H 5), introduced January 10, 2025, would codify the use of Behavioral Threat Assessment and Management Teams (BTAM) in K-12 public schools (districts and public charter schools) and establish immunity provisions for teams and participants acting in good faith under model guidelines. The bill includes definitions, training requirements, and a five-year fiscal plan. It includes an emergency clause, with an effective date of July 1, 2025.

Purpose and Intent

  • Aim: Prevent targeted violence in public schools by identifying concerning student behavior, assessing risk of targeted violence, and implementing interventions.
  • Policy finding: Early identification and management of risky behavior can reduce the likelihood of violence.

Key Provisions

1) Establishment and Guidelines

  • Creates BTAMs in public schools and authorizes districts/charters to implement them.
  • Requires the Idaho School Safety and Security program to provide:
    • BTAM model guidelines for establishing teams, trusted reporting, and threat assessment processes.
    • Ongoing training for BTAMs.

2) Definitions

  • BTAM: A process to identify at-risk students, assess risk of targeted violence or harm, and implement interventions.
  • BTAM Team: Multidisciplinary group (teachers, staff, administrators) that may include nurses, counselors, School Resource Officers (SROs), and, as needed, external partners (e.g., child advocacy centers, juvenile assessment centers, mental health specialists) operating under the district’s or charter school leadership.
  • BTAM Model Guidelines: Provided by the Idaho school safety and security program.
  • Imminent Risk: A BTAM assessment indicating present desire and capability for targeted violence requiring immediate containment/action.
  • Targeted Violence: Premeditated violence directed at specific individuals, groups, or locations.

3) Immunity Provisions (Section 5-349)

  • Immunity: BTAM teams and individual participants shall not be liable for damages or injuries arising from a failure to prevent an act of targeted violence, if all conditions are met:
    • Acted in good faith and substantially conformed to BTAM model guidelines.
    • Prior to the act, either:
    • Responded in a manner consistent with BTAM guidelines to manage an imminent risk; or
    • Determined in good faith, consistent with BTAM guidelines, that the person did not present an imminent risk.
    • Conducted threat assessments without violating laws related to arms, confidentiality/privacy, and parental rights.
  • Court Determination: The “findings” of good faith/substantial conformity are to be determined by the court as a matter of law.
  • Other Immunities: This provision does not supersede other immunity provisions (e.g., Idaho Tort Claims Act).

4) Scope and Relationship to Other Provisions

  • Section clarifies that the immunity does not replace existing protections or potential immunities under Idaho law.

Fiscal Impact

  • Estimated total state cost: about $300,000 over five years.
    • $50,000 in Year 1 for program development.
    • Approximately $50,000 per year in each of the following five years for training and implementation.

Affected Parties

  • Public school districts and public charter schools.
  • School personnel (teachers, administrators, nurses, counselors, SROs) and other BTAM participants.
  • External partners as appropriate (child advocacy centers, juvenile assessment centers, mental health specialists, juvenile probation officers, etc.).
  • Students and parents (in the context of threat assessment and privacy protections).

Timeline and Status

  • Introduced: January 10, 2025.
  • Reported Printed and Referred to Judiciary, Rules & Administration: January 13, 2025.
  • Effective Date: July 1, 2025 (emergency clause included).

Notes

  • The bill emphasizes good-faith action and substantial conformance to model guidelines as prerequisites for immunity.
  • Training and model guidelines are to be provided by the Idaho School Safety and Security program to support implementation.

Compiled from official sources — confirm details with the bill’s official record.

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