[Third Reprint]

ASSEMBLY, No. 1174

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 


 

Sponsored by:

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

 

Co-Sponsored by:

Assemblymen Caputo, Karabinchak, Assemblywomen McKnight, Lopez, Carter, Assemblyman Clifton, Assemblywomen Mosquera, Matsikoudis, Assemblyman Moriarty, Assemblywomen Lampitt, Speight, Eulner, Piperno, DeFuccio, Assemblyman Wimberly, Assemblywoman Murphy and Assemblyman Sampson

 

 

 

 

SYNOPSIS

     Requires certain documentation of needs of students with disabilities during school security drills and emergency situations and in school security plans; requires staff training on needs of students with disabilities in emergency planning.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on May 25, 2023.

  


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 programs2[, 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 3[fire code] Uniform Fire Code3, 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)

 

      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 education2, 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 district2, 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),3 use 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 district2, 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 education3, chief school administrator of a receiving school,3 and chief school administrator of a nonpublic school shall ensure that individuals employed in the school district3, receiving school,3 or nonpublic school in a substitute capacity are provided with information and training on the district's 3, receiving school’s,3or 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 district3, receiving school,3 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 district3, receiving school,3 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 district3, receiving school,3 or nonpublic school shall include the individual in the training.

      c.   A local board of education3, chief school administrator of a receiving school,3 and chief school administrator of a nonpublic school shall provide3, to the extent permitted by federal law,3 to all persons who supervise youth programs that are not sponsored by the school district3, receiving school,3 or nonpublic school, but operate a program in a district3, receiving school,3 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 district3, receiving school,3 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.  3The information provided to persons who supervise youth programs pursuant to the provisions of this subsection shall not include student records.3  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 superintendent3, chief school administrator of the receiving school,3 or chief school administrator of the nonpublic school that it has complied with the training requirements prior to the district3, receiving school,3 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 district3, receiving school,3 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 district2, 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. 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.2009, c.178, s.3)

 

      4.   (New section)  a.  A school district2, 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 1,1 or an actual emergency situation that may occur on school grounds 2is maintained in the student record2.  The 3[individualized education program, individualized health care plan, 504 plan, or service plan] documentation maintained in the student record3 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 3, or if any accommodations are needed, including determining areas of refuge during an emergency3

      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 1drill1 or 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 1drill1 or school security drill and during an actual emergency situation; and

      (3)  describe the role of school employees in supporting the student during a fire 1drill1 or 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 the 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.