MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Education

By: Representatives Bell (65th), Dortch, Faulkner, Denton, Gibbs (36th), Harness, Mickens, Sykes

House Bill 332

AN ACT TO REQUIRE LOCAL SCHOOL BOARDS TO PREPARE A SCHOOL SAFETY PLAN TO HELP CURB THE GROWING INCIDENCE OF VIOLENCE IN SCHOOLS; TO REQUIRE THE PLANS TO ADDRESS PREPAREDNESS FOR NATURAL DISASTERS, HAZARDOUS MATERIALS OR RADIOLOGICAL ACCIDENTS, ACTS OF VIOLENCE, INCLUDING ACTIVE SHOOTER INCIDENTS, FORCEFUL INTRUSIONS, HOSTAGE SITUATIONS AND ACTS OF TERRORISM; TO AUTHORIZE SCHOOL BOARDS TO COORDINATE WITH LOCAL LAW ENFORCEMENT AGENCIES IN THE DEVELOP OF ITS SCHOOL SAFETY PLAN; TO REQUIRE THE MISSISSIPPI EMERGENCY MANAGEMENT AND HOMELAND SECURITY AGENCY SHALL PROVIDE TRAINING AND TECHNICAL ASSISTANCE TO PUBLIC SCHOOL DISTRICTS; TO REQUIRE SCHOOLS TO CONDUCT A MINIMUM OF ONE EMERGENCY LAW ENFORCEMENT DRILL PER SEMESTER TO ADDRESS AN ACTIVE SHOOTER INCIDENT, FORCEFUL INTRUSION, HOSTAGE SITUATION OR TERRORISTIC THREAT, INCLUDING, BUT NOT LIMITED TO AN INCIDENT INVOLVING AN ACTIVE SHOOTER OR TERRORIST WITHIN A SCHOOL BUILDING; TO REQUIRE SCHOOLS TO UTILIZE EVERY EFFORT TO CONDUCT AN EMERGENCY LAW ENFORCEMENT DRILL UNDER THIS SUBSECTION NO LATER THAN 30 DAYS AFTER THE FIRST DAY OF THE SCHOOL YEAR; TO AMEND SECTIONS 37-3-83 AND 37-11-5, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) In compliance with requirements for school safety plans under Section 37-3-83, every public school board shall prepare a school safety plan to help curb the growing incidence of violence in schools, to respond effectively to such incidents, and to provide a safe learning environment for Mississippi's children, teachers, and other school personnel. The plan shall also address preparedness for natural disasters, hazardous materials or radiological accidents, acts of violence, including active shooter incidents, forceful intrusions, hostage situations and acts of terrorism. School safety plans of public schools shall be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, community leaders, other school employees and school district employees, and local law enforcement, fire department, public safety and emergency management agencies. As part of such plans, school boards shall provide for the coordination with local law enforcement agencies. School safety plans shall include, at a minimum, the following strategy areas:

(a) Training school administrators, teachers and support staff, including, but not limited to, school resource officers, security officers, secretaries, custodians and bus drivers, on school violence prevention, school security, school threat assessment, mental health awareness and school emergency planning best practices;

(b) Evaluating and refining school security measures;

(d) Strengthening partnerships with public safety officials; and

(e) Creating enhanced crisis communications plans and social media strategies. School safety plans of private schools may be prepared with input from students enrolled in that school, parents or legal guardians of such students, teachers in that school, other school employees, and local law enforcement, fire service, public safety and emergency management agencies. In addition to submission to the State Department of Education, the plans of public schools shall be submitted to the local emergency management agency and the local law enforcement agency for approval.

(2) The Mississippi Emergency Management and Homeland Security Agency shall provide training and technical assistance to public school districts, and may provide this same training and technical assistance to private school districts and independent private schools throughout this state in the area of emergency management and safe school operations. This training and technical assistance shall include, but not be limited to, crisis response team development, site surveys and safety audits, crisis management planning, exercise design, safe school planning, emergency operations planning, search and seizure, bomb threat management and model school safety plans.

(3) During each academic year, schools must conduct a minimum of one (1) emergency law enforcement drill per semester to address an active shooter incident, forceful intrusion, hostage situation or terroristic threat, including, but not limited to an incident involving an active shooter or terrorist within a school building. The drills must be conducted according to the school district's adopted school safety plan, with the participation of the appropriate law enforcement agency and other emergency responders. The drills must be conducted on days and times when students are present in the school building, and must be conducted at each school in the school district. A school must utilize every effort to conduct an emergency law enforcement drill under this subsection no later than thirty (30) days after the first day of the school year.

SECTION 2. Section 37-3-83, Mississippi Code of 1972, is amended as follows:

37-3-83. (1) There is established within the State Department of Education, using only existing staff and resources, a School Safety Grant Program, available to all eligible public school districts, to assist in financing programs to provide school safety. However, no monies from the Temporary Assistance for Needy Families grant may be used for the School Safety Grant Program.

(2) The school board of each school district, with the assistance of the State Department of Education School Safety Center, shall adopt a comprehensive local school district school safety plan and shall update the plan on an annual basis.

(3) Subject to the extent of appropriations available, the School Safety Grant Program shall offer any of the following specific preventive services, and other additional services appropriate to the most current school district school safety plan:

(a) Metal detectors;

(b) Video surveillance cameras, communications equipment and monitoring equipment for classrooms, school buildings, school grounds and school buses;

(d) Violence prevention training, conflict resolution training, and other appropriate training designated by the State Department of Education for faculty and staff; and

(e) School safety personnel.

(4) Each local school district of this state may annually apply for school safety grant funds subject to appropriations by the Legislature. School safety grants shall include a base grant amount plus an additional amount per student in average daily attendance in the school or school district. The base grant amount and amount per student shall be determined by the State Board of Education, subject to specific appropriation therefor by the Legislature. In order to be eligible for such program, each local school board desiring to participate shall apply to the State Department of Education by May 31 before the beginning of the applicable fiscal year on forms provided by the department, and shall be required to establish a local School Safety Task Force to involve members of the community in the school safety effort. The State Department of Education shall determine by July 1 of each succeeding year which local school districts have submitted approved applications for school safety grants.

(5) As part of the School Safety Grant Program, the State Department of Education may conduct a pilot program to research the feasibility of using video camera equipment in the classroom to address the following:

(a) Determine if video cameras in the classroom reduce student disciplinary problems;

(b) Enable teachers to present clear and convincing evidence of a student's disruptive behavior to the student, the principal, the superintendent and the student's parents; and

(6) Any local school district may use audio/visual-monitoring equipment in classrooms, hallways, buildings, grounds and buses for the purpose of monitoring school disciplinary problems.

(7) As a component of the comprehensive local school district school safety plan required under subsection (2) of this section, the school board of a school district may adopt and implement a policy addressing sexual abuse of children, to be known as "Erin's Law Awareness." Any policy adopted under this subsection may include or address, but need not be limited to, the following:

(a) Methods for increasing teacher, student and parental awareness of issues regarding sexual abuse of children, including knowledge of likely warning signs indicating that a child may be a victim of sexual abuse;

(b) Educational information for parents or guardians, which may be included in the school handbook, on the warning signs of a child being abused, along with any needed assistance, referral or resource information;

(d) Age-appropriate curriculum for students in prekindergarten through fifth grade;

(e) Actions that a child who is a victim of sexual abuse should take to obtain assistance and intervention;

(f) Counseling and resources available for students affected by sexual abuse; and

(g) Emotional and educational support for a child who has been abused to enable the child to be successful in school.

(8) As a component of the comprehensive local school district school safety plan required under subsection (2) of this section, the school board of a school district shall adopt and implement a policy addressing active shooters, forceful intrusions, hostage situations and terroristic threats, to be known as "Extreme Emergency Evacuation Guidelines." Any policy adopted under this subsection may include or address, but need not be limited to, the following:

(a) The roles, responsibilities and policies of each emergency response entity in responding to an active shooter incident, forceful intrusion, hostage situation or terroristic threat;

(b) Pre-assessment and contingency planning that includes identification of potential targets within the jurisdiction school district;

(c) Implementation of an Incident Command System (ICS), including emergency protocols for a unified command structure for entities responding to an active shooter incident, forceful intrusion, hostage situation or terroristic threat;

(d) Interagency communication issues and needs, including, but not limited to, radio interoperability and establishment of common language, terms and definitions to be used on the scene of an active shooter incident, forceful intrusion, hostage situation or terroristic threat;

(e) Identification of resources for responding to an active shooter incident, forceful intrusion, hostage situation or terroristic threat, including, but not limited to, primary and secondary needs and hospitals;

(f) Tactical deployment of available resources for responding to an active shooter incident, forceful intrusion, hostage situation or terroristic threat; and

(g) Emergency treatment and extraction of persons injured in an active shooter incident, forceful intrusion, hostage situation or terroristic threat.

SECTION 3. Section 37-11-5, Mississippi Code of 1972, is amended as follows:

37-11-5. It shall be the duty of the principals and teachers in all public school buildings to instruct the pupils in the methods of fire drills and to practice fire drills until all the pupils in the school are familiar with the methods of escape. Such fire drills shall be conducted often enough to keep such pupils well drilled. It shall be the further duty of such principals and teachers to instruct the pupils in all programs of emergency management as may be designated by the State Department of Education, including emergency law enforcement drills to address active shooter incidents, forceful intrusions, hostage situations or terroristic threats on school campuses and within school facilities, as required under Section 1 of this act.

SECTION 4. This act shall take effect and be in force from and after July 1, 2019.