New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter II - Regulations of the Commissioner
Subchapter J - Buildings And Transportation
Part 155 - Educational Facilities
Section 155.17 - School safety plans
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 155.17
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Development of school safety plans. By September first of each school year, every board of education of a school district, every board of cooperative educational services and county vocational education and extension board, and the chancellor of the City School District of the City of New York shall adopt a comprehensive district-wide school safety plan and building-level emergency response plans regarding crisis intervention and emergency response and management, and commencing with the 2023-2024 school year district-wide school safety plans shall include plans for the provision of remote instruction during any emergency school closure, provided that in the City School District of the City of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level emergency response team, as such terms are defined in subdivision (b) of this section and shall be in a form developed by the commissioner in consultation with the Division of Criminal Justice Services, the superintendent of the State Police and any other appropriate State agencies. Each district-wide school safety plan and building-level emergency response plan shall be reviewed by the appropriate school safety team on at least an annual basis and updated as needed.
(b) Definitions.
As used in this section:
(1) Educational agencies means public and
nonpublic elementary and secondary schools, public and private nursery schools,
approved private schools for the education of students with disabilities as
defined in section
200.1(d) of this
Title, and public and private schools for the education of preschool children
with disabilities.
(2)
Superintendent means a superintendent of schools or a district superintendent
of schools, as appropriate.
(3)
Disaster means the occurrence or imminent threat of widespread or severe
damage, illness, injury, or loss of life or property resulting from any
incident, such as fire, flood, earthquake, hurricane, tornado, high water,
landslide, mudslide, windstorm, wave action, epidemic, air contamination,
drought, explosion, water contamination, chemical accident, communicable
disease outbreak, war or civil disturbance.
(4) Emergency means a situation, including
but not limited to a disaster that requires immediate action, occurs
unpredictably, and poses a threat of injury or loss of life to students or
school personnel or of severe damage to school property.
(5) Emergency services organization means a
public or private agency, organization or group other than a governmental
agency, which provides police, fire, medical, ambulance, rescue, housing or
other services for the relief of human suffering, injury or loss of life or
property as a result of an emergency.
(6) School cancellation means a determination
by school officials that a school or schools should not be in session for one
or more school days due to an emergency.
(7) Early dismissal means returning students
to their homes or other appropriate locations before the end of the school
day.
(8) Evacuation means moving
students for their protection from a school building to a predetermined
location in response to an emergency.
(9) Sheltering means keeping students in
school buildings and providing them with shelter when it is deemed safer for
students to remain inside rather than to return home or be evacuated.
(10) Lock-down means to immediately clear the
hallways, lock and/or barricade doors, hide from view, and remain silent while
readying a plan of evacuation as a last resort. Lock-down will only end upon
physical release from the room or secured area by law enforcement.
(11) Building-level emergency response plan
means a building-specific school emergency response plan that addresses crisis
intervention, emergency response and management at the building level and has
the contents prescribed in paragraph (c)(2) of this section.
(12) Building-level emergency response
planning team means a building-specific team appointed by the building
principal, in accordance with regulations or guidelines prescribed by the board
of education, the chancellor in the case of New York City, or other governing
body. The building-level emergency response planning team is responsible for
the designation of the emergency response team and the development of the
building-level emergency response plan and its required components. The
building-level emergency response team shall include, but not be limited to,
representatives of teacher, administrator, and parent organizations, school
safety personnel, other school personnel including bus drivers and monitors,
community members, local law enforcement officials, local ambulance, fire
officials or other emergency response agencies, and any other representatives
the school board, chancellor or other governing body deems
appropriate.
(13) District-wide
school safety plan means a comprehensive, multihazard school safety plan that
covers all school buildings of the school district, BOCES or county vocational
education and extension board, that addresses crisis intervention, emergency
response and management, and commencing July 1, 2023, provision of remote
instruction during an emergency school closure, at the district level and has
the contents prescribed in paragraph (c)(1) of this section.
(14) District-wide school safety team means a
district-wide team appointed by the board of education, the chancellor in the
case of New York City, or another governing board. The district-wide team shall
include, but not be limited to, representatives of the school board, teacher,
administrator, parent organizations, school safety personnel, and other school
personnel including bus drivers and monitors. At the discretion of the board of
education, or the chancellor in the case of the City of New York, a student may
be allowed to participate on the safety team, provided however, that no portion
of a confidential building-level emergency response plan shall be shared with
such student nor shall such student be present when details of a confidential
building-level emergency response plan or confidential portions of a
district-wide emergency response strategy are discussed.
(15) Emergency response team means a
building-specific team designated by the building-level emergency response
planning team that is comprised of school personnel, law enforcement officials,
fire officials, and representatives from local, regional, and/or State
emergency response agencies and assists the school community in responding to a
violent incident or emergency. In a school district in a city having a
population of more than one million inhabitants, such emergency response team
may be created on the district level with building-level participation, and
such district shall not be required to establish a unique team for each of its
schools.
(16) Post-incident
response team means a building-specific team designated by the building-level
emergency response planning team that includes appropriate school personnel,
medical personnel, school health professionals as defined in section
902 of the
Education Law, mental health counselors, and others who can assist the school
community in coping with the aftermath of a violent incident or emergency. In a
school district in a city having a population of more than one million
inhabitants, such a post-incident response team may be created on the district
level with building-level participation, and such district shall not be
required to establish a unique team for each of its schools.
(17) School safety plan means a district-wide
school safety plan or a building-level emergency response plan.
(18) Serious violent incident means an
incident of violent criminal conduct that is or appears to be, life-threatening
and warrants the immediate response by students and/or staff because of an
imminent threat to their safety or health, including, but not limited to riot,
hostage-taking kidnapping and/or the use or threatened use of a firearm,
explosive, bomb, incendiary device, chemical or biological weapon, knife or
other dangerous instrument capable of causing death or serious
injury.
(19) Panic alarm system
means a silent security system signal generated by the manual activation of a
device intended to signal a life threatening or emergency situation requiring a
response from local law enforcement or, in the case of a school building
located in a municipality in which there is no municipal police department, a
location designated by the superintendent of state police and may include one
or more of the following: wired panic button or buttons, wireless panic button
or buttons or a mobile or computer application.
(20) Trauma means an emotional response to a
deeply distressing or disturbing experience such as, but not limited to, an act
of violence, natural disaster, abuse, neglect, or loss.
(21) Trauma-informed means an understanding
of trauma and how it affects the physical, emotional, and mental health of
students and adults.
(22)
Trauma-informed drills mean avoiding tactics in training or drills that may
introduce or activate trauma, such as the use of props, actors, simulations, or
other tactics intended to mimic a school shooting, incident of violence, or
other emergency, or inclusion of developmentally or age-inappropriate content.
Drills may inadvertently prompt a negative emotional or psychological response
in staff or students because of previous exposure(s) to trauma.
(c) District-wide school safety plans and building-level emergency response plans. District-wide school safety plans and building-level emergency response plans shall be designed to prevent or minimize the effects of violent incidents, declared state disaster emergency involving a communicable disease or local public health emergency declaration and other emergencies and to facilitate the coordination of schools and school districts with local and county resources in the event of such incidents or emergencies.
(1) District-wide school safety
plans. A district-wide school safety plan shall be developed by the
district-wide school safety team and shall include, but not be limited to:
(i) policies and procedures for responding to
implied or direct threats of violence by students, teachers, other school
personnel including bus drivers and monitors, and visitors to the school,
including threats by students against themselves, which for this subdivision
shall include suicide;
(ii)
policies and procedures for responding to acts of violence by students,
teachers, other school personnel, bus drivers and monitors, and visitors to the
school, including consideration of zero-tolerance policies for school
violence;.
(iii) appropriate
prevention and intervention strategies, which may include:
(a) collaborative arrangements with State and
local law enforcement officials, designed to ensure that school safety officers
and other security personnel are adequately trained, including being trained to
deescalate potentially violent situations, and are effectively and fairly
recruited;
(b) where applicable,
the establishment and/or participation of, school or district staff in a
multi-disciplinary behavioral assessment team to assess whether certain
exhibited behaviors or actions need intervention or other support, including a
school or district-level behavioral assessment team or, if available, a county
or regional threat assessment team. Where such teams are utilized, the
district-wide school safety plan shall describe the school, district, or county
team and its purpose, and annual staff training on safety and emergency
procedures shall include information regarding the purpose and procedures of
such team.
(c) nonviolent conflict
resolution training programs;
(d)
peer mediation programs and youth courts; and
(e) extended day and other school safety
programs;
(iv) policies
and procedures for contacting appropriate law enforcement officials in the
event of a violent incident;
(v)
except in a school district in a city having a population of more than one
million inhabitants, a description of the arrangements for obtaining assistance
during emergencies from emergency services organizations and local governmental
agencies;
(vi) except in a school
district in a city having a population of more than one million inhabitants,
the procedures for obtaining advice and assistance from local government
officials, including the county or city officials responsible for
implementation of article 2-B of the Executive Law;
(vii) except in a school district in a city
having a population of more than one million inhabitants, the identification of
district resources which may be available for use during an
emergency;
(viii) except in a
school district in a city having a population of more than one million
inhabitants, a description of procedures to coordinate the use of school
district resources and manpower during emergencies, including identification of
the officials authorized to make decisions and of the staff members assigned to
provide assistance during emergencies;
(ix) policies and procedures for contacting
parents, guardians or persons in parental relation to the students of the
district in the event of a violent incident or an early dismissal or emergency
school closure;
(x) policies and
procedures for contacting parents, guardians or persons in parental relation to
an individual student of the district in the event of an implied or direct
threat of violence by such student against themselves, which for the purposes
of this subdivision shall include suicide;
(xi) policies and procedures relating to
school building security, including, where appropriate:
a. the use of school safety or security
officers and/or school resource officers. Beginning with the 2019-20 school
year, and every school year thereafter, every school shall define the areas of
responsibility of school personnel, security personnel and law enforcement in
response to student misconduct that violates the code of conduct. A school
district or charter school that employs, contracts with, or otherwise retains
law enforcement or public or private security personnel, including school
resource officers, shall establish a written contract or memorandum of
understanding that is developed with stakeholder input, including, but not
limited to, parents, students, school administrators, teachers, collective
bargaining units, parent and student organizations and community members, as
well as probation officers, prosecutors, defense counsels and courts that are
familiar with school discipline. Such written contract or memorandum of
understanding shall define the relationship between a school district or
charter school, school personnel, students, visitors, law enforcement, and
public or private security personnel. Such contract or memorandum of
understanding shall be consistent with the code of conduct, define law
enforcement or security personnel's roles, responsibilities and involvement
within a school and clearly delegate the role of school discipline to the
school administration. Such written contract or memorandum of understanding
shall be incorporated into and published as part of the district safety plan;
and
b. security devices or
procedures. District-wide school safety teams shall consider, as part of their
review of the comprehensive districtwide safety plan, the installation of a
panic alarm system;
(xii) policies and procedures for the
dissemination of informative materials regarding the early detection of
potentially violent behaviors, including but not limited to the identification
of family, community, and environmental factors to teachers, administrators,
school personnel including bus drivers and monitors, parents or other persons
in parental relation to students of the school district or board, students and
other persons deemed appropriate to receive such information;
(xiii) policies and procedures for annual
multi-hazard school safety training for staff and students, provided that the
district must certify to the commissioner that all staff have undergone annual
training by September 15, 2016 and each subsequent September 15 thereafter on
the building-level emergency response plan which must include components on
violence prevention and mental health, provided further that new employees
hired after the start of the school year shall receive such training within 30
days of hire or as part of the district's existing new hire training program,
whichever is sooner.
(xiv)
procedures for review and the conduct of drills, tabletop exercises, and
information about emergency procedures and drills, including information about
procedures and timeframes for notification of parents or persons in parental
relation regarding drills and other emergency response training(s) that include
students. At their discretion, schools and districts may participate in
full-scale exercises in coordination with local and county emergency responders
and preparedness officials. Such procedures shall ensure that:
(1) Drills conducted during the school day
with students present shall be conducted in a trauma-informed, developmentally,
and age-appropriate manner and shall not include props, actors, simulations, or
other tactics intended to mimic a school shooting or other act of violence or
emergency.
(2) At the time that
drills are conducted, students and staff shall be informed that the activities
being conducted are a drill. Provided, however, that students and staff shall
not be informed in advance of evacuation drills.
(3) Tabletop exercises may be utilized by
school and district safety teams as a training resource and may include a
discussion-based activity for staff in an informal classroom or meeting-type
setting to discuss their roles during an emergency and their responses to a
sample emergency situation.
(4)
Schools and districts that opt to participate in full-scale exercises in
conjunction with local and county emergency responders and preparedness
officials that include props, actors, simulations, or other tactics intended to
mimic a school shooting or other act of violence or emergency shall not conduct
such exercises on a regular school day or when school activities such as
athletics are occurring on school grounds. Such exercises may not include
students without written consent from parents or persons in parental
relations.
(xv) the
identification of appropriate responses to emergencies, including protocols for
responding to bomb threats, hostage-takings, intrusions and
kidnappings;
(xvi) strategies for
improving communication among students, between students and staff and between
administration and parents or persons in parental relation regarding reporting
of potentially violent incidents, such as the establishment of youth-run
programs, peer mediation, conflict resolution, creating a forum or designating
a mentor for students concerned with bullying or violence and establishing
anonymous reporting mechanisms for school violence;
(xvii) in the case of a school district,
except in a school district in a city having more than one million inhabitants,
a system for informing all educational agencies within such school district of
a disaster;
(xviii) in the case of
a school district, except in a school district in a city having more than one
million inhabitants, a system for informing all educational agencies within
such school district of a disaster or emergency school closure;
(xix) the designation of the superintendent,
or superintendent's designee, as the district chief emergency officer whose
duties shall include, but not be limited to:
(a) coordination of the communication between
school staff, law enforcement, and other first responders;
(b) lead the efforts of the district-wide
school safety team in the completion and yearly update of the district-wide
school safety plan and the coordination of the district-wide plan with the
building-level emergency response plans;
(c) ensure staff understanding of the
district-wide school safety plan;
(d) ensure the completion and yearly update
of building-level emergency response plans for each school building;
(e) assist in the selection of security
related technology and development of procedures for the use of such
technology;
(f) coordinate
appropriate safety, security, and emergency training for district and school
staff, including required training in the districtwide school safety plan and
building-level emergency response plan(s);
(g) ensure the conduct of required evacuation
and lock-down drills in a trauma-informed, developmentally, and age-appropriate
manner that does not include props, actors, simulations, or other tactics
intended to mimic a school shooting or other act of violence or emergency in
all district buildings as required by section
807 of the
Education Law; and
(h) ensure the
completion and yearly update of building-level emergency response plans by the
dates designated by the commissioner; and
(xx) ensure the development of protocols for
responding to a declared state disaster emergency involving a communicable
disease that are substantially consistent with the provisions of section
27-c of the Labor
Law; and
(xxi) beginning with the
2023-2024 school year and every school year thereafter, an emergency remote
instruction plan. For purposes of this subparagraph remote instruction shall
have the same meaning as defined in section
100.1(u) of this
Chapter. Emergency remote instruction plans shall include:
(a) policies and procedures to ensure
computing devices will be made available to students or other means by which
students will participate in synchronous instruction and policies and
procedures to ensure students receiving remote instruction under emergency
conditions will access internet connectivity. Each chief executive officer of
each educational agency located within a public school district shall survey
students and parents and persons in parental relation to such students to
obtain information on student access to computing devices and access to
internet connectivity to inform the emergency remote instruction
plan;
(b) expectations for school
staff as to the proportion of time spent in synchronous and asynchronous
instruction of students on days of remote instruction under emergency
conditions with an expectation that asynchronous instruction is supplementary
to synchronous instruction;
(c) a
description of how instruction will occur for those students for whom remote
instruction by digital technology is not available or appropriate;
(d) a description of how special education
and related services will be provided to students with disabilities, as defined
in section 200.1(zz) of this
Chapter, and preschool students with disabilities, as defined in section
200.1(mm) of this
Chapter, as applicable, in accordance with their individualized education
programs to ensure the continued provision of a free appropriate public
education; and
(e) for school
districts that receive foundation aid, the estimated number of instructional
hours the school district intends to claim for State aid purposes for each day
spent in remote instruction due to emergency conditions pursuant to section
175.5 of this Chapter.
(2) Building-level
emergency response plan. A building-level emergency response plan shall be
developed by the building-level emergency response planning team, shall be kept
confidential, including but not limited to the floor plans, blueprints,
schematics, or other maps of the immediate surrounding area, and shall not be
disclosed except to authorized department or school staff, and law enforcement
officers, and shall include the following elements:
(i) policies and procedures for the response
to emergency situations, such as those requiring evacuation, sheltering, and
lock-down, which shall include, at a minimum, the description of plans of
action for evacuation, sheltering, lock-down, evacuation routes and shelter
sites, and procedures for addressing medical needs, transportation and
emergency notification to persons in parental relation to a student;
(ii) designation of an emergency response
team, other appropriate incident response teams, and a post-incident response
team;
(iii) floor plans,
blueprints, schematics, or other maps of the school interior, school grounds,
and road maps of the immediate surrounding area that are clearly labeled and
readily understandable to first responders navigating the building and grounds.
At a minimum;
(a) floor plans shall include
the school name and address; a key to define any symbols used; a compass
indicating North as well as labels indicating building entrances/exits with
alphabetic or numeric identifiers assigned (e.g. "Door A" or "Entrance 2");
windows, interior doors, room numbers, common areas and administrative offices
labeled by use; location of water, gas and electrical shutoffs; location of
fire alarm panels, fire sprinkler control valves, and if applicable fire
department key boxes; and location of emergency and security equipment;
and
(b) area maps shall include the
school name and address; a key to define any symbols used; a compass indicating
North as well as labeled buildings, outbuildings, fields, parking lots,
building entrances/exits with alphabetic or numeric identifiers assigned (e.g.
"Door A" or "Entrance 2"); parking area and property entrances/exits;
designated fire lanes and fire apparatus access roads, evacuation routes;
street names; and emergency response areas.
(iv) establishment of internal and external
communication systems in emergencies which may include the installation ofa
panic alarm system;
(v) definition
of the chain of command in a manner consistent with the National Incident
Management System (NIMS)/Incident Command System (ICS);
(vi) coordination of the building-level
emergency response plan with the statewide plan for disaster mental health
services to assure that the school has access to Federal, State and local
mental health resources in the event of a violent incident;
(vii) procedures for an annual review of the
building-level emergency response plan and the conduct of drills and other
exercises to test components of the building-level emergency response plan,
including the use of tabletop exercises, in coordination with local, county,
and state law enforcement and emergency responders and preparedness officials.
The purpose of the drills is to practice staff and student actions during an
emergency. Except for evacuation drills, at the time that drills are conducted,
students and staff shall be informed it is a drill. All drills shall:
(a) be conducted in a trauma-informed,
developmentally, and age-appropriate manner and shall not include props,
actors, simulations, or other tactics intended to mimic a school shooting,
incident of violence, or other emergency;
(b) occur after annual training in emergency
procedures has been provided to students and staff;
(c) be completed on different dates, days of
the week, and during different times of the school day; and
(d) parents or persons in parental relations
shall be given advance notice of each drill being conducted within one week
preceding any such drill.
(viii) policies and procedures for securing
and restricting access to the crime scene in order to preserve evidence in
cases of violent crimes on school property;
(ix) in the case of a school district, except
in a school district in a city having more than one million inhabitants,
certain information about each educational agency located in the school
district, including information on school population, number of staff,
transportation needs and the business and home telephone numbers of key
officials of each such agency.
(3)
(i)
Each board of education, chancellor or other governing body shall make each
district-wide safety plan available for public comment at least 30 days prior
to its adoption. Such district-wide plans may be adopted by the school board
only after at least one public hearing that provides for the participation of
school personnel, parents, students and any other interested parties. Each
district shall submit its district-wide safety plan and all amendments to such
plan to the commissioner, in a manner prescribed by the commissioner, within 30
days after its adoption. Commencing with the 2019-2020 school year, such
district-wide plans must be submitted no later than October 1, 2019, and each
subsequent October 1 thereafter.
(ii) Each board of education, chancellor, or
other governing body or officer shall ensure that each building-level emergency
response plan and any amendments thereto, is submitted to the appropriate local
law enforcement agency and the State Police within 30 days of its adoption, but
no later than October 1 for the 2020-2021 school year and each October 1st
thereafter. Building-level emergency response plans shall be confidential and
shall not be subject to disclosure under Article Six of the Public Officers Law
or any other provision of law.
(d) Use of school property. Each board of education and board of cooperative educational services shall cooperate with appropriate State, county and city agencies in developing agreements for the use of school-owned facilities and vehicles during a disaster. School districts and boards of cooperative educational services are required to relinquish to the appropriate State or county agencies the control and use of school transportation vehicles and facilities in accordance with county emergency preparedness plans or directives.
(e) Communication liaisons.
(1) Except in a school district in a city
having a population of more than one million inhabitants, each district
superintendent, during a local or State emergency, shall act as the chief
communication liaison for all educational agencies within the supervisory
district territorial limits.
(2)
The superintendent of schools in the Cities of Buffalo, Rochester, Syracuse and
Yonkers, during a local or State emergency, shall act as the chief
communication liaison for all educational agencies located within the city
district.
(f) Reporting.
(1) Whenever the building-level emergency
response plan is activated and results in the closing of a school building, the
superintendent or their designee shall notify the commissioner as soon as
possible and shall provide such information as the commissioner may require in
a manner prescribed by the commissioner. In addition, school districts within a
supervisory district shall provide timely notification to the BOCES district
superintendent. Such information need not be provided for routine snow
emergency days.
(2) Beginning in
the 2022-2023 school year, each chief executive officer shall report to the
Commissioner, no later than June 30 of each school year, on a form and format
prescribed by the Commissioner, the results of the survey on student access to
computing devices and access to internet connectivity required pursuant to
subparagraph (xxi) of paragraph (1) of subdivision (c) of this
section.
(g) Instruction. Each public school superintendent and each chief school administrator of an educational agency other than a public school shall take action to provide written information, by October 1st of each school year, to all students and staff about emergency procedures.
(h) Evacuation, Lockdown, and Emergency Dismissal Drills.
(1) Each school district
and board of cooperative educational services shall practice emergency response
procedures under its district-wide school safety plan and each of its
building-level emergency response plans, where possible in cooperation with
local law enforcement, emergency preparedness plan officials, and other first
responders as follows:
(i) Evacuation drills
shall be conducted with students at least eight times in each school year, six
of which shall be held between September 1 and December 31 of each such year.
Four drills shall be through the use of the fire escapes on buildings where
fire escapes are provided or through the use of identified secondary means of
egress, such as through different corridors, hallways, stairways, and exit
doors. Drills shall be conducted at different times of the school day. Students
shall be instructed in the procedure to be followed if a fire occurs during the
lunch period or assembly, provided, however, that such additional instruction
may be waived where a drill is held during the regular school lunch period or
assembly. Four additional drills shall be held in each school year during the
hours after sunset and before sunrise in school buildings in which students are
provided with sleeping accommodations. At least two additional drills shall be
held during summer school in buildings where summer school is conducted, and
one such drill shall be held during the first week of summer school.
(ii) Lockdown drills shall be conducted with
students at least four times in each school year, two of which shall be held
between September 1 and December 31 of each such year. Lockdown drills shall be
conducted at different times of the school day. Pupils shall be instructed in
the procedure to be followed if an emergency occurs during a lunch period or
assembly, provided however, that such additional instruction may be waived
where a drill is held during the regular school lunch period or
assembly.
(iii) One Emergency
Dismissal drill shall be conducted to test emergency response procedures that
require early dismissal, at a time not to occur more than 15 minutes earlier
than the normal dismissal time.
(2) Parents or persons in parental relations
shall be notified at least one week prior to the Emergency Dismissal
drill.
(3) Emergency Dismissal
drills shall test the usefulness of the communications and transportation
system during emergencies.
(4) The
provisions of section
175.5(a) of this
Title regarding the length of school day for State aid purposes shall not apply
to school days in which less than the minimum number of hours is conducted
because of an early dismissal drill pursuant to this subdivision.
(i) Reports by educational agencies. Except in a school district in a city having a population of more than one million inhabitants, the chief executive officer of each educational agency located within a public school district shall provide to the superintendent of schools information about school population, number of staff, transportation needs and the business and home telephone numbers of key officials of such educational agencies.
(j) Nothing contained in subdivision (a) or (c) of this section shall prevent an educational agency from using, in part or in total, an emergency management plan previously developed in cooperation with a county or other municipality as the emergency management plan required in this section until the adoption of school safety plans as required by subdivision (b) of this section; provided, however, that all applicable requirements of this section shall be met.
(k) Commissioner of Education. The Commissioner of Education or his or her designee may order emergency response actions by individual school districts in the event that the local officials are unable or unwilling to take action deemed to be appropriate by State and/or county emergency personnel in accordance with county or State emergency preparedness plans or directives.
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