HB2265 H ED AM 3-1
The Committee on Education moves to amend the bill on page
one, following the enacting clause, by striking the remainder of
the bill and inserting in lieu thereof the following:
That §18-9F-9 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, to read as follows:
ARTICLE 9F. SCHOOL ACCESS SAFETY ACT.
§18-9F-9. Crisis Response Plan.
(a) The state board in conjunction with the Division of
Homeland Security and Emergency Management shall promulgate by
December 31, 2011, a legislative rule in accordance with article
three-b, chapter twenty-nine-a of this code, and if necessary may
promulgate an emergency rule in accordance with said article, for
the establishment of an up-to-date, school specific crisis response
plan at every school in the state. In developing the rule, the
state board shall consider plans currently being developed as part
of the safe schools initiative currently underway by the School
Building Authority and the Division of Homeland Security and
Emergency Management. In addition, those portions of a school's
access safety plan created pursuant to section three of this
article may be used as a portion of the school's school specific
crisis response plan if there are any overlapping requirements.
The rule shall provide for at least the following:
(1) A model school crisis response plan for use by each school in the state, including a uniform template which shall be used by
each school to file the plan, including at least the following
information, in a secure electronic system identified by the
Division of Homeland Security and Emergency Management:
(A) The school employee in charge during a crisis and a
designated substitute;
(B) A communication plan to be used during a crisis;
(C) Protocols for responding to immediate physical harm of
students, faculty or staff and to traumatic events, including the
period after the events have concluded;
(D) Disaster and emergency procedures to respond to
earthquakes, fire, flood, other natural disasters, explosions or
other events or conditions in which death or serious injury is
likely;
(E) Crisis procedures for safe entrance to and exit from the
school by students, parents, and employees, including an evacuation
and lock down plan; and
(F) Policies and procedures for enforcing school discipline
and maintaining a safe and orderly environment during the crisis;
and
______________(G) By
no later than August 1, 2014,
protocols for injuries
and other medical emergencies that occur on school property after
normal school hours, including sports injuries. Protocols on
sports injuries shall include both school-sponsored sports events and community sports events. The sports injury protocols shall
include directives for personnel or equipment which should be
available, if needed, on sports fields or in school buildings for
both girls and boys teams as well as training needed for school or
volunteer personnel
.
(2) A requirement that each school's school specific crisis
response plan shall be in place and filed with that school's county
board, and included in a secure electronic system identified by the
Division of Homeland Security and Emergency Management, no later
than August 1, 2013, or soon after completion by the school,
whichever occurs first;
(3) The necessary safeguards to protect information contained
in each school specific crisis response plan that may be considered
protected critical infrastructure information, law enforcement
sensitive information or for official use only. These safeguards
must have the approval the Division of Homeland Security and
Emergency Management. County boards shall provide the same
necessary safeguards for the information in the plan;
(4) The annual review and necessary update of the model plan
and uniform template by state board in conjunction with the
Division of Homeland Security and Emergency Management by December
31 of each year after 2011;
(5) The development by each school of a school specific crisis
response plan by using the state board's model plan as an example and with consultation from local social services agencies, local
first response agencies including police, fire, emergency medical
services (EMS), emergency management and any other local entities
that the school's crisis response planning team determines should
be consulted;
(6) Procedures for the annual review and update if necessary
by each school of its school specific crisis response planning
plan. Each school shall file either an updated crisis response
plan or a memorandum stating that no update to the crisis response
plan was necessary with its county board and the Division of
Homeland Security and Emergency Management no later than August 1
of each year after 2013.
(7) Procedures for each school within the state to form a
crisis response planning team, which team may consist of the
school's Local School Improvement Council or a separate team
consisting of the principal, two teachers, one service person and
two parents of children attending the school. In addition the
school may include on the team one member of the county board, a
school counselor, a member from local law-enforcement authorities,
the local county emergency services director and one student in
grade ten or higher if the school has those grades;
(8) Procedures for informing and training school personnel on
any actions required of them to effectuate the school's school
specific crisis response plan;
(9) A model template for redacted copies of the school crisis
response plan for the public inspection and for the release and
notice to parents of information related to the plan; and
(10) Procedures for non public schools to establish, file and
update school crisis response plans consistent with subdivision (1)
subsection (a) of this section.
(b) The county board shall keep the current crisis response
plan of each school in the county on file and, unless otherwise
provided for, provide a copy of each school's crisis response plan
to each local emergency response agency that has a role in the
plan. Local emergency response agencies that maintain a copy of
the plan shall provide the necessary safeguards for the information
in the plan established pursuant to the state board rule
promulgated pursuant to subsection (a) of this section. Upon
request, a redacted copy of a school crisis response plan shall be
made available for inspection by the public with any information
removed that is necessary for compliance with the necessary
safeguards. Following the filing of its school specific crisis
response plan with the county board pursuant to subdivision (2),
subsection (a) of this section, each school shall annually send
notice home to all parents and guardians of students at the school
alerting the parents and guardians to the existence of the plan and
the ability to review a redacted copy at the offices of the county
board.