A2563

An Act concerning student safety, amending P.L.2009, c.178, and supplementing chapter 41 of Title 18A of the New Jersey Statutes.

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

1. 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, chief school administrator of a receiving school, and chief school administrator of a nonpublic school shall ensure that all full-time employees in the district, receiving school, or nonpublic school are provided with training on school safety and security that includes instruction on school security drills and emergency response protocols, including notifying school employees of threats and the establishment and enforcement of procedures that prohibit access of certain individuals to school property and school-sponsored events pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). The training shall model 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), use the drill guide and training materials prepared pursuant to section 3 of P.L.2009, c.178 (C.App.A:9-86), and utilize various formats such as drills, functional exercises, and tabletop exercises. The annual training provided to employees shall be conducted by the district, receiving school, or nonpublic school in consultation with 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, chief school administrator of a receiving school, and chief school administrator of a nonpublic school shall ensure that individuals employed in the school district, receiving school, or nonpublic school in a substitute capacity are provided with information and training on the district's, receiving school's, 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, receiving school, 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, receiving school, 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, receiving school, or nonpublic school shall include the individual in the training.

c. A local board of education, chief school administrator of a receiving school, and chief school administrator of a nonpublic school shall provide, to the extent permitted by federal law, to all persons who supervise youth programs that are not sponsored by the school district, receiving school, or nonpublic school, but operate a program in a district, receiving school, 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, receiving school, 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. The information provided to persons who supervise youth programs pursuant to the provisions of this subsection shall not include student records. 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, chief school administrator of the receiving school, or chief school administrator of the nonpublic school that it has complied with the training requirements prior to the district, receiving school, 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, receiving school, 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.2023, c.212 (C.18A:46-2.15).

e. 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.

(cf: P.L.2023, c.212, s.2)

2. (New section) a. A school employee shall immediately notify the principal or the principal’s designee if the employee has information that an individual has threatened, is planning or otherwise intends to cause death, serious bodily injury, or significant bodily injury to another person under circumstances in which a reasonable person would believe the individual genuinely intends to subsequently commit the violent act or carry out the threat. After being notified, the principal or the principal’s designee shall immediately report the incident to the appropriate law enforcement agency. For purposes of this section, the principal’s designee may include any member of the threat assessment team established pursuant to section 1 of P.L.2022, c.83 (C.18A:17-43.4).

b. If the appropriate law enforcement agency determines the report is an imminent credible threat, then the principal or the principal’s designee shall:

(1) immediately notify the students, the parents and guardians of the students, teachers, and all staff of the school emergency;

(2) place the individual on a list that prohibits access to school property and school-sponsored events; and

(3) distribute the list to all school employees where the threat was made and the administrators of all the schools in the district and neighboring school districts that may be impacted by the threat.

c. The notification required pursuant to paragraph (1) of subsection b. of this section shall disclose information regarding the threat as deemed appropriate by the law enforcement agency, which may include, but is not limited to:

(1) the individual’s name;

(2) a picture of the individual; and

(3) a description of the threat.

d. An individual who is not a school employee may notify the principal or the principal’s designee of a threat pursuant to subsection a. of this section, but the provisions of subsections b. and c. of this section shall only apply in circumstances where the report is determined by the law enforcement agency to be an imminent credible threat.

e. A school employee, including the employee that identifies the threat, the principal or principal’s designee, or any other officer or agent of a board of education, shall not be held liable for any good faith act or omission consistent with the provisions of this section. Good faith shall not include willful misconduct, gross negligence, or recklessness.

3. This act shall take effect immediately.

STATEMENT

This bill requires school districts to alert school employees of threats to school community.

This bill requires a school employee to immediately notify the principal or the principal’s designee if the employee has information that an individual has threatened, is planning or otherwise intends to cause death, serious bodily injury, or significant bodily injury to another person under circumstances in which a reasonable person would believe the individual genuinely intends at some time in the future to commit the violent act or carry out the threat. After being notified by the school employee, the principal or the principal’s designee is to immediately report the incident to the appropraite law enforcement agency. The bill stipulates that the principal’s designee may by any member of the school’s threat assessment team.

If the appropriate law enforcement agency determines the report is an imminent credible threat, then the principal or the principal’s designee is to:

(1) immediately notify the students, the parents and guardians of the students, teachers, and all staff of the school emergency;

(2) place the individual on a list that prohibits access to school property and school-sponsored events; and

The bill specifies that the notification is to disclose information regarding the threat as deemed appropriate by the law enforcement agency, which may include:

(1) the individual’s name;

(2) a picture of the individual; and

(3) a description of the threat.

Under the bill, an individual who is not a school employee may notify the principal or the principal’s designee of a threat pursuant to the provisions of this bill.

The bill stipulates that a school employee, including the employee that identifies the threat, the principal or principal’s designee, or any other officer or agent of a board of education, is not to be held liable for any good faith act or omission consistent with the provisions of this bill.

Additionally, the bill amends current law to specify that training on school safety and security is to include emergency response protocols, such as notifying the school community of threats and the establishment and enforcement of procedures that prohibit access of certain individuals to school property and school-sponsored events as established in the bill.