S2057 3R

An Act concerning emergency planning in schools, amending N.J.S.18A:41-1 and P.L.2009, c.178, and supplementing chapters 41 and 46 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. N.J.S.18A:41-1 is amended to read as follows:

18A:41-1. Every principal of a school of two or more rooms, or of a school of one room, when located above the first story of a building, shall have at least one fire drill and one school security drill each month within the school hours, including any summer months during which the school is open for instructional programs ²[, and shall require all teachers of all schools] . Employees of the school district or receiving school², whether occupying buildings of one or more stories, ²[to] shall² keep all ²exterior² doors and exits ²[of their respective rooms and buildings unlocked during the school hours, except] locked at all times except when necessary to comply with the requirements set forth in the Uniform Fire Code, including applicable requirements² during an emergency lockdown or an emergency lockdown drill. All students ²and staff² shall fully participate in each drill conducted ²to the greatest extent practicable and, when appropriate, utilize procedures for assisting in the rescue of persons unable to use the general means of egress to ensure that participation does not pose a safety risk². Where school buildings have been provided with fire escapes, they shall be used by a part or all of the pupils performing every fire drill. ²[An actual fire or school security emergency that occurs at a school during the month and that includes activities which are the equivalent of a drill shall be considered a drill for the purposes of meeting the requirements of this section.]² ³An actual school security emergency that occurs at a school during the month that includes activities which are the equivalent of a drill shall be considered a school security drill for the purposes of meeting the requirements of this section.³

A law enforcement officer shall be present at a minimum of one school security drill in each school year in order to make recommendations on any improvements or changes to school security drill procedures that the officer may deem advisable.

(cf: P.L.2016, c.80, s.1)

¹[2. Section 2 of P.L.2009, c.178 (C.18A:41-7) is amended to read as follows:

2. A local board of education and chief school administrator of a nonpublic school shall ensure that all full-time employees in the district or nonpublic school are provided with training on school safety and security that includes instruction on school security drills. The training shall use the drill guide and training materials prepared pursuant to section 3 of P.L.2009, c.178 (C.App.A:9-86) and shall utilize various formats such as drills, functional exercises, and tabletop exercises. The annual training provided to employees shall be conducted collaboratively by the district or nonpublic school and emergency responders, including law enforcement, fire, and emergency medical services personnel, in order to identify weaknesses in school safety and security policies and procedures and to increase the effectiveness of emergency responders. The training shall incorporate information on the unique needs of students with disabilities. Employees shall be made aware of any anticipated mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making support needs of students and any supports, modifications, accommodations, and services to be provided to students, as enumerated in their individualized education programs, individualized health care plans, 504 plans, or service plans pursuant to section 4 of P.L. , c. (C.) (pending before the Legislature as this bill).

(cf: P.L.2016, c.80, s.3)]¹

¹2. Section 2 of P.L.2009, c.178 (C.18A:41-7) is amended to read as follows:

2. a. A local board of education ², chief school administrator of a receiving school,² and chief school administrator of a nonpublic school shall ensure that all full-time employees in the district ², receiving school,² or nonpublic school are provided with training on school safety and security that includes instruction on school security drills. The training shall ³model the training provided by the New Jersey School Safety Specialist Academy established pursuant to section 1 of P.L.2017, c.162 (C.18A:17-43.2),³use the drill guide and training materials prepared pursuant to section 3 of P.L.2009, c.178 (C.App.A:9-86) ³,³ and ³[shall]³ utilize various formats such as drills, functional exercises, and tabletop exercises. The annual training provided to employees shall be conducted ³[collaboratively]³ by the district ², receiving school,² or nonpublic school ³[and] in consultation with³ emergency responders, including law enforcement, fire, and emergency medical services personnel, in order to identify weaknesses in school safety and security policies and procedures and to increase the effectiveness of emergency responders.

b. A local board of education ², chief school administrator of a receiving school,² and chief school administrator of a nonpublic school shall ensure that individuals employed in the school district ², receiving school,² or nonpublic school in a substitute capacity are provided with information and training on the district's ², receiving school’s,² or nonpublic school's practices and procedures on school safety and security including instruction on school security drills, evacuation procedures, and emergency response protocols in the school district ², receiving school,² or nonpublic school and the school building where the individuals are employed. In the event that an individual is employed in a substitute capacity in the district ², receiving school,² or nonpublic school at the time the school safety and security training is being provided to full-time employees pursuant to subsection a. of this section, the district ², receiving school,² or nonpublic school shall include the individual in the training.

c. A local board of education ², chief school administrator of a receiving school,² and chief school administrator of a nonpublic school shall provide ², to the extent permitted by federal law,² to all persons who supervise youth programs that are not sponsored by the school district ², receiving school,² or nonpublic school, but operate a program in a district ², receiving school,² or nonpublic school building before or after school hours, on the weekend, or during a period when school is not in session, information on school district ², receiving school,² or nonpublic school practices and procedures in the event of a school safety or security incident at a school including non-confidential information on evacuation procedures, emergency response protocols, and emergency contact information. ²The information provided to persons who supervise youth programs pursuant to the provisions of this subsection shall not include student records.² It shall be the responsibility of the organization that sponsors the youth program to train the program's employees and volunteers on the school security and emergency procedures in effect in the school building in which the youth program is located. The organization that sponsors the youth program shall file a statement of assurance with the school district superintendent ², chief school administrator of the receiving school,² or chief school administrator of the nonpublic school that it has complied with the training requirements prior to the district ², receiving school,² or nonpublic school authorizing the use of the school building. The statement of assurance shall be developed by the Commissioner of Education and shall be filed with the school district ², receiving school,² or nonpublic school on an annual basis.

d. Any information or training provided pursuant to this section shall address the unique needs of students with disabilities in the event of a fire drill, school security drill, or actual emergency situation. An employee subject to the provisions of subsections a. or b. of this section shall be made aware of any anticipated mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making support needs of students in the care of the employee and any supports, modifications, accommodations, and services to be provided to students, as enumerated in their individualized education programs, individualized health care plans, 504 plans, or service plans pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).¹

²e. As used in this section, “receiving school” means an educational services commission, jointure commission, regional day school, county special services school district, the Marie H. Katzenbach School for the Deaf, approved private school for students with disabilities, and public college operated programs for students with disabilities.²

(cf: P.L.2019, c.480, s.1)

3. Section 3 of P.L.2009, c.178 (C.App.A:9-86) is amended to read as follows:

3. a. The ²[Director of the Office of Homeland Security and Preparedness] Commissioner of Education² shall, in consultation with the ²[Commissioner of Education] Director of the Office of Homeland Security and Preparedness², the Director of the Division of Fire Safety in the Department of Community Affairs, the Director of the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, and the Attorney General, develop and disseminate to each school district ², receiving school,² and nonpublic school a building security drill guide and training materials that educate school employees on proper evacuation and lockdown procedures in a variety of emergency situations on school grounds including, but not limited to, bomb threats and active shooter situations. The drill guide and training materials shall incorporate information on the unique needs of students with disabilities and include standard protocols and procedures for accommodating those students during fire ¹[or] drills,¹ school security drills ¹[and] , or¹ actual emergency situations.

b. The drill guide and training materials shall be updated at regular intervals in order to ensure that they incorporate the most current information available on school security.

²c. As used in this section, “receiving school” means an educational services commission, jointure commission, regional day school, county special services school district, the Marie H. Katzenback School for the Deaf, approved private school for students with disabilities, and public college operated programs for students with disabilities.²

(cf: P.L.2009, c.178, s.3)

4. (New section) a. A school district ², receiving school,² and a nonpublic school shall ensure that a ²[student’s individualized education program, individualized health care plan, 504 plan, or, in the case of student with a disability enrolled in a nonpublic school, service plan documents the]² student’s unique mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making needs in the event of a fire ¹[or] drill,¹ school security drill ¹,¹or an actual emergency situation that may occur on school grounds ²is maintained in the student record². The ²[individualized education program, individualized health care plan, 504 plan, or service plan] documentation maintained in the student record² shall indicate whether or not the student is able to safely and fully participate in fire ¹drills¹ or school security drills without the use of supplementary supports, modifications, accommodations, or services ², or if any accommodations are needed, including determining areas of refuge during an emergency².

b. If it is determined that a student requires supplementary supports, modifications, accommodations, or services in order to safely and fully participate in a fire ¹drill¹ or school security drill, a written plan shall be ²[included in the student’s individualized education program, individualized health care plan, 504 plan, or service plan] maintained in the student record². The written plan shall:

(1) describe the anticipated mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making support needs of the student during a fire ¹drill¹or school security drill and during an actual emergency situation;

(2) describe the supports, modifications, accommodations, and services to be provided to the student during a fire ¹drill¹or school security drill and during an actual emergency situation; and

(3) describe the role of school employees in supporting the student during a fire ¹drill¹or school security drill and during an actual emergency situation, including the need for any specific training of school employees.

c. A school district and, if applicable, a nonpublic school shall on a regular basis, but not less than once annually, perform a review of any determinations made pursuant to this section to evaluate the school security needs of a student.

5. (New section) In developing its districtwide school safety and security plan, a school district ²and receiving school² shall:

a. demonstrate that it has considered the individual needs of each student with a disability, as enumerated in the students’ individualized education programs, individualized health care plans, 504 plans, or, in the case of students with disabilities enrolled in nonpublic schools, service plans pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill); and

b. incorporate ²protocols into districtwide school safety and security plan for communicating² the individual needs of each student with a disability ²[into the districtwide school safety and security plan and, as deemed appropriate and necessary, communicate those needs] , when appropriate and in compliance with the “Family Educational Rights and Privacy Act of 1974,” (20 U.S.C. s. 1232g),² to third parties including, but not limited to, ²[law enforcement agencies, health and social services provider agencies,] first responders² and emergency management agencies.

²c. As used in this section, “receiving school” means an educational services commission, jointure commission, regional day school, county special services school district, the Marie H. Katzenbach School for the Deaf, approved private school for students with disabilities, and public college operated programs for students with disabilities.²

6. This act shall take effect ²[on] in² the first ²[day of the sixth month] full school year² following the date of enactment.