FINAL BILL REPORT

2SHB 1216

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 333 L 19

Synopsis as Enacted

Brief Description: Concerning nonfirearm measures to increase school safety and student well-being.

Sponsors: House Committee on Appropriations (originally sponsored by Representatives Dolan, Harris, Lovick, Doglio, Stonier, Irwin, Senn, Appleton, Kirby, Vick, Bergquist, Riccelli, Fey, Orwall, Griffey, Gregerson, Peterson, Stanford, Frame, Kilduff, Ortiz-Self, Ryu, Valdez, Lekanoff, Sells, Slatter, Thai, Wylie, Callan, Jinkins, Macri, Goodman and Santos).

House Committee on Education

House Committee on Appropriations

Senate Committee on Early Learning & K-12 Education

Senate Committee on Ways & Means

Background:

School Safety Plans. School districts must adopt and implement "safe school plans" that include procedures for disaster prevention, intervention, all hazard/crisis response, and post-crisis recovery. To the extent funds are available, school districts must annually review and update these plans, and report certain information to the Washington Association of Sheriffs and Police Chiefs (WASPC).

School districts must adopt plans for recognition, initial screening, and response to emotional or behavioral distress in students, including but not limited to, indicators of possible substance abuse, violence, youth suicide, and sexual abuse.

School Safety Drills. Schools must conduct at least one safety drill per month when school is in session. These drills must teach students three basic functional drill responses: shelter-in-place, lockdown, and evacuation. The drills must incorporate: the use of the statewide first responder mapping information system (mapping system), described below, in at least one safety drill; and a pedestrian evacuation drill for schools in mapped tsunami hazard zones. The safety drills may incorporate an earthquake drill.

First Responder Mapping Information System. The WASPC must operate the mapping system when funded. The mapping system provides information, such as emergency operating procedures, response plans, and known hazards, to emergency first responders. Schools and other government-owned buildings occupied by state or local government employees must be mapped when funding is provided by the WASPC or from other sources. Implementation of safe school plans must be consistent with the mapping system.

School Safety Center and Advisory Committee. In the 2001-02 Omnibus Operating Budget, the School Safety Center and an advisory committee were established within the Office of the Superintendent of Public Instruction (OSPI). The center and the advisory committee have developed safety standards, model plans, and other resources for school districts and public schools to use in the development of high-quality emergency operations and safety plans. The duties of the center and the advisory committee are not codified.

School Safety Summit. Since 2016, the advisory committee has held an annual School Safety Summit. The focus of the summit is to establish and monitor the progress of a statewide plan for funding cost-effective methods for school safety that meet local needs. Other areas of focus may include planning and implementation of school safety planning efforts, training of school safety professionals, and integrating mental health and security measures.

Regional School Safety and Security Programs. Educational service districts may implement school safety and security programs, subject to state funding. The 2018 Supplemental Operating Budget included funding for the development or expansion of regional school safety and security programs to include multitier threat assessment and notifications to schools of safety emergencies. In 2018, the OSPI received federal funding under the Students, Teachers, and Officers Preventing School Violence Act that will be used to continue development of a threat assessment system.

School Resource Officers.  The position of school resource officer (SRO) is not established or defined in Washington law.  According to the OSPI's website, a SRO is a commissioned law enforcement officer in the state with sworn authority to make arrests, deployed in community-oriented policing, and assigned by the employing police department or sheriff's office to work in schools to address crime and disorder problems, gangs, and drug activities affecting or occurring in or around an elementary or secondary schools. A Washington State School Directors' Association model policy specifies that a school district that chooses to engage a SRO should, in a written memorandum of understanding, clarify its relationship with the SRO, including the SRO's purpose, role, supervisory structure, and limitations on access to student information.

Emergency Management Council. The Emergency Management Council (EMC) advises the Governor and the adjutant general on all matters pertaining to state and local emergency management. The EMC must prepare an annual assessment of statewide emergency preparedness and review administrative rules governing state and local emergency management practices. The EMC is limited to 17 members, with representatives of specific sectors required, including local governments, law enforcement, fire, ecology, and emergency medicine.

Preventing Mass Shootings Work Group. The 2018 Supplemental Operating Budget directed the WASPC to convene a work group to develop strategies for identification and intervention against potential perpetrators of mass shootings, with an emphasis on school safety. As required, the work group reported its recommendations for prevention to the Legislature in December 2018.

Summary:

Statewide Network for School Safety. Subject to state funding, the Office of the Superintendent of Public Instruction (OSPI) must establish the State School Safety Center (state center), and the educational service districts (ESDs) must establish Regional School Safety Centers (regional centers). Together these centers form a statewide network to provide coordination of school safety efforts throughout the state and to provide school safety resources to the school districts in each ESD region.

The duties of the state center are codified, for example the state center must:

The regional centers have specified duties, including coordinating:

A statute describing the Regional School Safety and Security Program is repealed.

School Safety and Student Well-Being Advisory Committee. The duties and membership of the School Safety and Student Well-Being Advisory Committee (advisory committee) within the OSPI are codified. The purpose of the advisory committee is to advise the OSPI, the regional centers, school districts, and public and private schools on all matters related to comprehensive school safety and student well-being. The advisory committee, which must meet at least quarterly, has specified duties, for example: make recommendations on policies and strategies; identify emerging issues; establish priorities; and engage the public.

School-Based Threat Assessment Program. A school-based threat assessment is the formal process of evaluating the threatening, or potentially threatening, behavior of a student, and the circumstances surrounding the threat, to uncover any facts or evidence that the threat is likely to be carried out. By January 1, 2020, the Washington State School Directors' Association (WSSDA), in collaboration with the OSPI, must develop a model policy and procedure to establish a School-Based Threat Assessment Program. In developing the model policy and procedure, the WSSDA and the OSPI must consult with the advisory committee and other organizations with expertise in school safety, behavioral health, the rights of students with disabilities, and protecting civil liberties; and must also consider multilevel threat assessment programs implemented in schools in Washington.

By the beginning of the 2020-21 school year, school districts must adopt policies and procedures to establish School-Based Threat Assessment Programs that include specified minimum components. The policies and procedures must be consistent with the model policy and procedure, and with other school district policies, procedures, and plans addressing safe and supportive learning environments.

School Safety Data Collection and Monitoring. Subject to state funding, at least every five years, the OSPI must monitor public school and school district compliance with requirements related to comprehensive safe school plans; plans for recognition, initial screening, and response to emotional or behavioral distress in students; and school-based threat assessment programs. The OSPI must consult with stakeholders to develop data collection and submission requirements for school districts. By December 1, 2020, the OSPI must report to the Legislature regarding its plans for data collection and monitoring and describing any implementation issues that could be fixed through legislation.

First Responder Building Mapping Information System. By January 31, 2020, the Joint Legislative Audit and Review Committee (JLARC) must report to the Legislature with the results of a study of school districts' use of the First Responder Building Mapping Information System. The OSPI and the Washington Association of Sheriffs and Police Chiefs must provide advice and assistance to the JLARC's effort to collect information from school districts, law enforcement, and emergency first responders. The study must address a number of specified topics including who can access it, who uses it, its costs, what is helpful, and what could be improved.

Emergency Management Council. A representative of the OSPI is added to the Emergency Management Council (EMC). On issues that involve early learning, kindergarten through grade 12, or higher education, the EMC must consult with the Department of Children, Youth, and Families; the OSPI; the State Board for Community and Technical Colleges; and an association of public baccalaureate degree granting institutions.

Safe School Plans and School Safety Drills. Safe school plans must include a family-student reunification plan. Schools must incorporate into their annual school safety drills: (1) a pedestrian evacuation drill for schools in lahar hazard zones; and (2) an earthquake drill for all schools using the state-approved earthquake safety technique "drop, cover, and hold."

School Resource Officer Programs. If a school district chooses to have a school resource officer (SRO) program, the school district must confirm that every SRO has received training on 12 topics, for example relevant federal and state laws, best practices on working with youth, and alternatives to arrest and prosecution.  By the beginning of the 2020-21 school year, school districts must annually review and adopt an agreement with the local law enforcement agency that incorporates specified elements, such as defining the duties of a SRO, confirmation that SROs are trained, and a complaint process.

Subject to state funding, the state center and others must identify and make publicly available SRO training materials.  The OSPI must establish and implement, subject to state funding, a grant program to fund training for SROs, and report to the Governor and the Legislature each year that the grant program is funded.

Conforming Amendments. A number of nonsubstantive changes are made to existing references to the advisory committee and state center.

Votes on Final Passage:

House

83

14

Senate

47

0

(Senate amended)

House

81

15

(House concurred)

Effective:

July 28, 2019