2013 -- S 0801 SUBSTITUTE A

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LC01640/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

     Introduced By: Senators Gallo, Miller, Metts, DaPonte, and Satchell

     Date Introduced: March 27, 2013

     Referred To: Senate Education

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 16-21-23, 61-21-24, and 16-21-25 of the General Laws in Chapter

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16-21 entitled “Health and Safety of Pupils” are hereby amended to read as follows:

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      16-21-23. School safety plans - School safety teams and school crisis response teams-

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School safety plans - School safety teams, school crisis response teams, and school safety

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assessments. -- (a) Each school district of each town, city, and regional school department shall

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conduct a school safety assessment in conjunction with local police, fire, school safety team

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pursuant to the provisions of this section 16-21-23 and any other expert said school department

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deems necessary. The assessment shall examine the current status of each school building’s safety

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and shall be performed within thirty (30) days of passage of this act, and every three (3) years

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thereafter. Assessments performed within a year of the date of passage of this act shall satisfy this

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requirement. All meetings regarding the school safety assessment are not subject to the open

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meetings law pursuant to chapter 46 of title 42, and documents produced including, but not

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limited to, meeting minutes and the school safety assessment are not subject to the access to

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public records law pursuant to chapter 2 of title 38.

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     (a) (b) The school committee of each town, city, and regional school department shall

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adopt in executive session a comprehensive school safety plan regarding crisis intervention,

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emergency response, and management. The plan shall be developed by a school safety team

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comprised of representatives of the school committee, representatives of student, teacher, and

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parent organizations, school safety personnel, school administration, and members of local law

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enforcement, fire, and emergency personnel. Members of the school safety team shall be

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appointed by the school committee of the town, city, or regional school district. In creating the

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school safety plan, the school safety team(s) shall consult the model school safety plan developed

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by the department of elementary and secondary education pursuant to section 16-21-23.1.

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     (b) (c) The school crisis response team shall be comprised of those selected school

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personnel willing to serve as members of a psychological response team to address the

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psychological and emotional needs of the school community., and may seek mental health

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resources from the department of elementary and secondary education. Members of the school

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crisis response team may coordinate mental health services for those students and school

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employees affected by acts of violence in the schools, using resources available through the

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department of elementary and secondary education.

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     16-21-24. Requirements of school safety plans, school emergency response plans,

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and school crisis response plans. – (a) School safety plans, as required by this chapter, shall

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include and address, but not to be limited to, prevention, mitigation, preparedness, response, and

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recovery. The school safety plans shall include, at a minimum, the following policies and

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procedures:

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     (1) Policies and procedures for responding to violence by students, teachers, other school

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personnel as well as visitors to the school;

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     (2) Policies and procedures for responding to acts of violence by students, teachers, other

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school personnel and visitors to the school;

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     (3) Appropriate prevention and intervention strategies which are based on data to target

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priority needs and which make use of effective actions based on currently accepted best practice;

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     (4) Collaborative arrangements with state and local law enforcement officials, designed

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to ensure that school safety officers and other security personnel are adequately trained, including

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being trained to de-escalate potentially violent situations, and are effectively and fairly recruited;

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     (5) Policies and procedures for contacting appropriate law enforcement officials and

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EMS/Fire, in the event of a violent incident;

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     (6) Policies and procedures for notification and activation of the school crisis response

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team;

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     (7) Policies and procedures for contacting parents, guardians, or persons in parental

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relation to the students of the city, town, or region in the event of a violent incident;

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     (8) Policies and procedures relating to school building security, including where

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appropriate the use of school safety officers and/or security devices or procedures;

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     (9) Policies and procedures for the dissemination of informative materials regarding the

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early detection of potentially violent behaviors, including but not limited to, the identification of

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family, community, and environmental factors, to teachers, administrators, school personnel,

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persons in parental relation to students of the city, town, or region students and other persons

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deemed appropriate to receive that information;

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     (10) Policies and procedures for annual school safety training and a review of the school

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crisis response plan for staff and students;

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     (11) Protocols for responding to bomb threats, hostage-takings, intrusions, and

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kidnappings;

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     (12) Strategies for improving communication among students and between students and

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staff and reporting of potentially violent incidents, such as the establishment of youth-run

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programs, peer mediation, conflict resolution, creating a forum or designating a mentor for

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students concerned with bullying or violence, and establishing anonymous reporting mechanisms

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for school violence;

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     (13) A description of the duties of hall monitors and any other school safety personnel,

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including the school crisis response team, and the training requirements of all personnel acting in

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a school security capacity;

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     (14) Policies and procedures for providing notice of threats of violence or harm to the

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student or school employee who is the subject of the threat. The policy shall define "threats of

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violence or harm" to include violent actions and threats of violent actions either individually or by

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groups, but shall not include conduct or comments that a reasonable person would not seriously

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consider to be a legitimate threat;

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     (15) Policies and procedures for disclosing information that is provided to the school

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administrators about a student's conduct, including, but not limited to, the student's prior

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disciplinary records, and history of violence, to classroom teachers, school staff, and school

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security, if they have been determined by the principal to have a legitimate need for the

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information in order to fulfill their professional responsibilities and for protecting such

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information from any further disclosure; and

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     (16) Procedures for determining whether or not any threats or conduct established in the

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policy may be grounds for discipline of the student. School districts, school committees, school

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officials, and school employees providing notice in good faith as required and consistent with the

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committee's policies adopted under this section are immune from any liability arising out of such

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notification.

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     (1) Appropriate prevention, mitigation, preparedness and intervention strategies which

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are based on data to target priority needs and which make use of effective actions based on

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currently accepted best practices and once developed, the appropriate parts of the state model

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plan pursuant to general laws section 16-21-23.1 that include consistent, plain language and

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terminology;

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     (2) Formalized collaborative arrangements with state and local law enforcement and fire

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fighter officials, designed to ensure that school safety officers and other security personnel are

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adequately trained, including being trained to de-escalate potentially violent situations, and are

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effectively and fairly recruited;

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     (3) Policies and procedures relating to school building security, including where

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appropriate the use of school safety officers and/or security devices or procedures;

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     (4) Policies and procedures for annual school safety training and a review of the school

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crisis response plan for staff and students;

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     (5) Protocols for school personnel and students responding to bomb threats, hostage-

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takings, intrusions, and kidnappings that include consistent, plain language and terminology that

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is recommended by the model plan pursuant to general laws section 16-21-23.1;

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     (6) Policies and procedures for responding to violence by students, teachers, other school

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personnel as well as visitors to the school that include consistent, plain language and terminology

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that is recommended by the model plan pursuant to general laws section 16-21-23.1;

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     (7) Policies and procedures for responding to acts of violence by students, teachers, other

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school personnel and visitors to the school that include consistent, plain language and

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terminology that is recommended by the model plan pursuant to general laws section 16-21-23.1;

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     (8) Policies and procedures for contacting appropriate law enforcement officials and

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EMS/Fire, in the event of a violent incident and that include consistent, plain language and

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terminology that is recommended by the model plan pursuant to general laws section 16-21-23.1;

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     (9) Policies and procedures for notification and activation of the school crisis response

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team that include consistent, plain language and terminology that is recommended by the model

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plan pursuant to general laws section 16-21-23.1;

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     (10) Policies and procedures for contacting parents, guardians, or persons in parental

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relation to the students of the city, town, or region in the event of a violent incident;

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     (11) Policies and procedures for the dissemination of informative materials regarding the

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early detection of potentially violent behaviors, including, but not limited to, the identification of

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family, community, and environmental factors, to teachers, administrators, school personnel,

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persons in parental relation to students of the city, town, or region students and other persons

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deemed appropriate to receive that information;

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     (12) Strategies for improving communication, including use of common, consistent plain

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language by school district officials, school officials and emergency responders, among students

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and between students and staff and reporting of potentially violent incidents, such as the

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establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or

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designating a mentor for students concerned with bullying or violence, and establishing

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anonymous reporting mechanisms for school violence;

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     (13) A description of the duties of hall monitors and any other school safety personnel,

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including the school crisis response team, and the training requirements of all personnel acting in

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a school security capacity and policies and procedures for students, personnel who are in the

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hallway during a lockdown situation that include consistent language and terminology that is

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recommended by the department of elementary and secondary education;

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     (14) Policies and procedures for providing notice of threats of violence or harm to the

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student or school employee who is the subject of the threat. The policy shall define "threats of

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violence or harm" to include violent actions and threats of violent actions either individually or by

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groups, but shall not include conduct or comments that a reasonable person would not seriously

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consider to be a legitimate threat;

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     (15) Policies and procedures for disclosing information that is provided to the school

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administrators about a student's conduct, including, but not limited to, the student's prior

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disciplinary records, and history of violence, to classroom teachers, school staff, and school

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security, if they have been determined by the principal to have a legitimate need for the

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information in order to fulfill their professional responsibilities and for protecting such

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information from any further disclosure; and

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     (16) Procedures for determining whether or not any threats or conduct established in the

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policy may be grounds for discipline of the student. School districts, school committees, school

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officials, and school employees providing notice in good faith as required and consistent with the

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committee's policies adopted under this section are immune from any liability arising out of such

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notification.

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     (b) School safety plans, as required by this chapter, shall further include school

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emergency response plans specific to each school building contained within each city, town, or

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regional school district., and shall be developed and approved in consultation with local police

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and fire. The state police shall provide consultation for those school districts that for whatever

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reason may not have access to local police. School emergency response plans shall include, and

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address, but not be limited to, the following elements:

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     (1) Policies and procedures for the safe evacuation of students, teachers, and other school

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personnel as well as visitors to the school in the event of a serious violent incident or other

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emergency, which shall include evacuation routes and shelter sites and procedures for addressing

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medical needs, transportation, and emergency notification to persons in parental relation to a

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student. For purposes of this subdivision, "serious violent incident" means an incident of violent

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criminal conduct that is, or appears to be, life threatening and warrants the evacuation of students

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and/or staff;

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     (2) Designation of an emergency response team comprised of school personnel, local law

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enforcement officials, and representatives from local regional and/or state emergency response

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agencies, other appropriate incident response teams including a school crisis response team, and a

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post-incident response team that includes appropriate school personnel, medical personnel,

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mental health counselors, and others who can assist the school community in coping with the

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aftermath of a violent incident;

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     (3) Procedures for assuring that crisis response and law enforcement officials have access

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to floor plans, blueprints, schematics, or other maps of the school interior and school grounds,

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and road maps of the immediate surrounding area;

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     (4) Establishment of internal and external communication systems in emergencies; that

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include consistent, plain language and terminology that is recommended by the model plan

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established pursuant to general laws section 16-21-23.1;

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     (5) Definition and formalization of the chain of command in a manner consistent with

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the national interagency incident management system/incident command system;

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     (6) Procedures for review and the conduct of drills and other exercises to test components

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of the emergency response plan; and, including use of checklists as described in section 16-21-

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23.1;

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     (7) Policies and procedures created in conjunction with local or state police for securing

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and restricting access to the crime scene in order to preserve evidence in cases of violent crimes

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on school property.; and

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     (8) Policies and procedures for ensuring timely access to mental health services for those

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students and school employees affected by a violent incident.

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     16-21-25. Review of school safety plans - Waiver. -- Review of school safety plans -

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exemption from open meetings and public records requirements. --

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     (a) Each city, town, or regional department school safety plan and school emergency

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response plans shall be reviewed on an annual basis by the school committee and updated as

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appropriate annually. These reviews and updates shall be completed by November 1 of any given

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year, and by December 31 of that year, the commissioner of elementary and secondary education

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shall report to the speaker of the house, the president of the senate, and the governor that such

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reviews or updates have been completed.

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     (b) The commissioner of elementary and secondary education and school committee

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shall make each city, town, or regional department school safety plan and school emergency

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response plan available for public comment at least thirty (30) days prior to its adoption. All

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meetings of school safety teams shall comply with not be subject to and be exempt from the open

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meetings law pursuant to chapter 46 of title 42., and documents produced by the school safety

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teams shall not be subject to the access to public records laws as set forth in chapter 2 of title 38.

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     (c) The commissioner of elementary and secondary education may grant a waiver of the

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requirements of §§ 16-21-23 and 16-21-24 to any city, town, or regional school department for

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period of up to two (2) years upon a finding by the commissioner that the town, city, or regional

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district had adopted a comprehensive school safety plan or school emergency response plans

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which are in substantial compliance with the requirements of §§ 16-21-23 and 16-21-24.

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Provided, however, no waiver shall extend beyond June 30, 2003.

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     SECTION 2. Chapter 16-21 of the General Laws entitled “Health and Safety of Pupils"

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is hereby amended by adding thereto the following section:

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      16-21-23.1. Model school safety plans and checklists-Development and

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dissemination. -- (a) It shall be the duty of the department of elementary and secondary

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education to collaborate with the Rhode Island emergency management agency, state police, state

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fire marshal, the department of behavioral health, developmental disabilities, and hospitals, and

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other safety officials to develop a model school safety plan to be consulted by school safety teams

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in accordance with section 16-21-23. This model plan shall be based on best practices in school

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safety planning and the department of elementary and secondary education shall communicate the

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plan electronically to all school committees and school safety teams in the state.

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     (b) It shall be the duty of the department of elementary and secondary education to

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develop and disseminate school safety check lists that school districts can use on a regular basis

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and at least annually to assess the strengths and weaknesses of school safety in accordance with

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section 16-21-24. The check lists shall incorporate best practices in school safety planning and

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the department of elementary and secondary education shall communicate the plan electronically

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to all school committees and school safety teams in the state.

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     SECTION 3. This act shall take effect upon passage.

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LC01640/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO EDUCATION - HEALTH AND SAFETY OF PUPILS

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     This act would direct school districts to conduct a school safety assessment in

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conjunction with local municipal police and fire departments. The act would also direct the

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department of elementary and secondary education to develop a model school safety plan. The act

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would also amend and expand the requirements as to what must be in each school district's school

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safety plan.

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     This act would take effect upon passage.

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LC01640/SUB A

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