(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
15th thereafter on the buildinglevel emergency response plan. Such training shall
include a description of the roles and responsibilities of the building level
emergency response team, the building level Incident Command System including the
roles and responsibilities of designated staff, and the building level-emergency
response plan procedures for implementing the following required emergency
response terms: shelter/shelter-in place, hold/hold-in place,
evacuate/evacuation, secure lockout, and lockdown. The required training shall
also include the procedures for conducting drills, including whether classrooms
will be released from lockdown by law enforcement or school or district
administrators during drills, and the district and building policies, procedures,
and programs related to safety including those which include components on
violence prevention and mental health. 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, including those requiring the school to shelter/shelter-in
place, hold/hold-in place, evacuate, secure lockout, and lockdown. Such policies
and procedures shall include, at a minimum, the description of plans of action
for students and staff, and the recommended emergency response action in response
to potential threats and hazards including, but not limited to threats that may
require evacuation, shelter/shelter-in place, hold/ hold-in place, secure
lockout, or lockdown, evacuation routes and shelter sites, procedures for
addressing medical needs, considerations for the access and functional needs of
students and staff, transportation and emergency notification to parents or
persons in parental relation to a student, and procedures for reunification of
students with parents or persons in parental relation following an
emergency;
(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 of a 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.