Education: safety; emergency operations plan requirements; modify, the official text

SENATE BILL NO. 495

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1308b (MCL 380.1308b), as added by
2018 PA 436.

the people of the state of michigan enact:

Sec. 1308b. (1) Beginning in the 2019-2020
school year, and at least biennially thereafter, a school district,
intermediate school district, or public school academy shall, in conjunction
with at least 1 law enforcement agency that has jurisdiction over the school
district, intermediate school district, or public school academy, conduct a
review of the emergency operations plan developed or adopted under subsection
(2), including a review of the vulnerability assessment under subsection (3),
or conduct a review of the statewide school safety information policy described
under subsection (4), as applicable.

(2) Subject to
subsection (3), not later than January 1, 2020, a
school district, intermediate school district, or public school academy shall
develop an emergency operations plan for each school building operated by the
school district, intermediate school district, or public school academy with
input from the public. The board of the school district or intermediate school
district or the board of directors of the public school academy shall adopt the
emergency operations plan by a majority vote of the members serving on the
board or board of directors at a public meeting of the board or board of
directors held in compliance with the open meetings act, 1976 PA 267, MCL
15.261 to 15.275.

(3) The emergency
operations plan developed and adopted under subsection (2) must include
guidelines and procedures that address at least all of the following:

(a) School violence
and attacks.

(b) Threats of
school violence and attacks.

(c) Bomb threats.

(d) Fire.

(e) Weather-related
emergencies.

(f) Intruders.

(g) Parent and
pupil reunification.

(h) Threats to a
school-sponsored activity or event whether or not it is held on school
premises.

(i) A plan to train
teachers on mental health and pupil and teacher safety.

(j) A plan to
improve school building security.

(k) An active
violence protocol.

(l) Continuity of operations after an
incident.

(m) A vulnerability
assessment.

(n) Protocol for when and how pupils are permitted to use wireless
communications devices during an emergency.

(4) A school
district, intermediate school district, or public school academy that adopts
and implements a statewide school safety information policy under section 1308
that meets the requirements under subsection (3) is in compliance with
subsection (2).

(5) A school
district, intermediate school district, or public school academy shall provide
notice to the department of a completed emergency operations plan review under
subsection (1) not later than 30 days after the completion of the review, in a
form and manner prescribed by the department. A school district, intermediate
school district, or public school academy shall also provide notice to the
department of the adoption of an emergency operations plan under subsection (2)
not later than 30 days after the adoption of the emergency operations plan, in
a form and manner prescribed by the department.

(6) At least
annually, the department shall provide to the office of school safety within
the department of state police a list of each school district, intermediate
school district, or public school academy that has not developed and adopted an
emergency operations plan under subsection (2).

(7) The office of
school safety within the department of state police shall coordinate with a law
enforcement agency that has jurisdiction over a school district, intermediate
school district, or public school academy that has not developed and adopted an
emergency operations plan under subsection (2) to notify the governing body of
the school district, intermediate school district, or public school academy
that the school district, intermediate school district, or public school
academy has not developed and adopted an emergency operations plan.

(8) An emergency
operations plan developed and adopted under subsection (2), any information
provided to the department under subsection (5), and any information provided
to the department of state police under subsection (6) is confidential and is
exempt from disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.

(9) As used in this
section: ,
"school

(a) "School building"
means any of the following:

(i) (a) A building intended to be used to provide
instruction for pupils, including an addition to an existing building.

(ii) (b) A recreational or athletic structure or
field intended to be used by pupils.

(b) "Wireless communications device" means that term as
defined in section 1303a.

Enacting section 1. This amendatory act does not take
effect unless House Bill No. 4141 of the 103rd Legislature is enacted into law.