Public schools-crisis management plans.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0194

HOUSE BILL
NO.

HB0092

Public schools-crisis management plans.

Sponsored by:
Representative(s) Teeters and Senator(s) Coe

A BILL

for

AN ACT relating to
public schools; requiring districts to develop crisis management plans providing an organized response to school safety and security threats; imposing duties
;

authorizing additional positions;
providing an appropriation;
and providing for effective date
s
.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S.
21
‑
2
‑
202(
a) by creating a new paragraph (xxxv)
, as amended by 2013 Wyoming Session Laws, Chapter 1,
and
21
‑
3
‑
110(a) by creating a new paragraph (xxxiii) are
amended to read:

21
‑
2
‑
202.

Duties of the director.

(a)

In addition to any other duties assigned by law, the director shall:

(xxxv)

In coordination with appropriate state agencies, e
stablish statewide guidelines on crisis management and emergency preparedness for use by school districts and local law enforcement
and health and safety
agencies in developing local crisis management plans
, including emergency communications,
and ensure crisis management training opportunities are available to school districts
, local law enforcement agencies and other local agencies and personnel included within
a school
district's emergency preparedness plan.

The director, through the department and in coordination with the office of the attorney general and the office of homeland security, shall function as the statewide agency overseeing school safety an
d security and shall ensure district plans are in compliance with the national incident management system developed by the federal emergency management agency.

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees in each school district shall:

(xxxiii)

Develop crisis management plans
for all schools within the district
including emergency communications,
consistent with guidelines established by the
director of the
departme
nt of education pursuant to W.S. 21
‑
2
‑
202,
to be
executed at least twice each school year
as
a safety drill or
an
organized
practice event
conducted under W.S. 35
‑
9
‑
505.

The board shall an
nually review district policies and plans
developed under this paragraph
with
appropriate public safety agencies.

Section 2.

(a)

In carrying out this act, the
director of the department of education
shall convene an advisory committee comprised of
state and local law enforcement, health and safety, security, emergency preparedness and response, interoperable
communications
providers and other agencies and organizations critical to school safety and security. Among other duties
as may be requested of the advisory committee
by the
director
as
necessary
to implement this act, the advisory committee shall
:

(
i
)

D
evelop
mechanisms
to
facilitate school district collaboration with community agencies and
organizations in establishing
safety
teams responsible for interacting with all community safety partner agencies
, establishing k
ey command positions
and developing emergency communications capability;

(ii)

Develop
a capability or parameters for such capability, under which students and communities may relay i
nformation
anonymously concerning unsafe,
potentially harmful, dangerous, violent or criminal activities, or the threat of such activities, to appropriate law enforcement and public safety agencies and school officials;

(iii)

Collaborate with school districts, law enforcement agencies and community representatives to develop guidelines for the use of school resource officers within district schools,
encouraging

shared funding and use arrangements between law enforcement agencies, school districts and the community at-large.

(b)

On or before December 1, 2014, the
director s
hall report work of the advisory committee under this section, together with future recommendations, to the joint education interim committee.
The report shall include
necessary enabling legislation to implement advisory committee recommendations.

(c)

For the period commencing upon the effective date of this act, and ending June 30, 2016, u
p to one hundred
fifty
thousand dollars ($1
5
0,000.00) is appropriated from the school foundation program account to the department of education to
support the advisory committee established under this section, to
fund the activities of the advisory committee
as
specified under this section and to acquire necessary consulting expertise in developing
advisory committee
recommendations.

(d)

For the period commencing
upon the effective date of this act
, and ending June 30, 2016,
up to
two (2) additional full-time at-will positions are authorized for the office of homeland security. These positions shall be for emergency preparedness personnel necessary in the execution of this act and shall be funded solely from federal funds authorized to the state for this purpose.

Section
3
.

W.S.
21
‑
2
‑
202(
a) by creating a new paragraph (xxxv)
, as in effect prior to the enactment of 2013 Wyoming Session Laws, Chapter 1,
and 21
‑
3
‑
110(a) by
creating a new paragraph (xxxiii) are amended to read:

21
‑
2
‑
202.

Duties of the state superintendent.

(a)

In addition to any other duties assigned by law, the state superintendent
shall:

(xxx
v
)

In coordination with appropriate state agencies, establish statewide guidelines on crisis management and emergency preparedness for use by school districts and local law enforcement and health and safety agencies in developing local crisis management plans, including emergency communications, and ensure crisis management training opportunities are available to school districts, local law enforcement agencies and other local agencies and personnel included within a school district's emergency preparedness plan. The department of education, in coordination with the office of the attorney general and the office of homeland security, shall function as the statewide agency overseeing school safety and security and shall ensure district plans are in compliance with the national incident management system developed by the federal emergency management agency.

21
‑
3
‑
110.

Duties of boards of trustees.

(a)

The board of trustees
in each school district shall:

(xxxiii)

Develop crisis management plans for all schools within the district including emergency communications, consistent with guidelines established by the
departme
nt of education pursuant to W.S. 21
‑
2
‑
202, to be executed at least twice each school year as a safety drill or an organized practice event conducted under W.S. 35
‑
9
‑
505. The board shall annually review district policies and plans developed under this paragraph with appropriate public safety agencies.

Section
4
.

(a)

In carrying out this act, the
department of education
shall convene an advisory committee comprised of
state and local law enforcement, health and safety, security, emergency preparedness and response, interoperable communications providers and other agencies and organizations critical to school safety and security. Among other duties as may be requested of the advisory
committee by the
department
as necessary to implement this act, the advisory committee shall:

(
i
)

Develop mechanisms to facilitate school district collaboration with community agencies and organizations in establishing safety teams responsible for interacting with all community safety partner agencies, establishing key command positions and developing emergency communications capability;

(ii)

Develop a capability or parameters for such capability, under which students and communities may relay information anonymously concerning unsafe, potentially harmful, dangerous, violent or criminal activities, or the threat of such activities, to appropriate law enforcement and public safety agencies and school officials;

(iii)

Collaborate with school districts, law enforcement agencies and community representatives to develop guidelines for the use of school resource officers within district schools, encouraging shared funding and use arrangements between law enforcement agencies, school districts and the community at-large.

(b)

On or before December 1, 2014, the
department of education
shall report work of the advisory committee under this section, together with future recommendations, to the joint education interim committee. The report shall include necessary enabling legislation to implement advisory committee recommendations.

(c)

For the period commencing upon the effective date of this act, and ending June 30, 2016, up to one hundred fifty thousand dollars ($150,000.00) is appropriated from the school foundation program account to the department of education to support the advisory committee established under this section, to fund the activities of the advisory committee as specified under this section and to acquire necessary consulting expertise in developing advisory committee recommendations.

(d)

For the period commencing upon the effective date of this act, and ending June 30, 2016, up to two (2) additional full-time at-will positions are authorized for the office of homeland security. These positions shall be for emergency preparedness personnel necessary in the execution of this act and shall be funded solely from federal funds authorized to the state for this purpose.

Section 5.

(a)

Sections 1 and 2 of t
his act
are
effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution
, only if sections 3 and 4 of this act are not effective as provided by subsection (b) of this section
.

(
b)

If a final order by the district court of Laramie County, Wyoming, is issued implementing without change the final ruling of the Wyoming Supreme Court issued January 28, 2014, in the case of
Kerry and Clara Powers, on behalf of themselves and the citizens of Wyoming, and Cindy Hill, on behalf of herself and as the Superintendent of Public Instruction v. State of Wyoming and Matthew H. Mead, Governor, in his official capacity

[Docket No. S-13-0052]
,
then upon expiration of time for appeal of that order, or if appealed, upon issuance of a final order or mandate of the Wyoming Supreme Court confirming the district court final order, the Governor shall certify the entry of the district court final order. The Governor shall immediately file any certification under this section together with the
final order with the secretary of state.
Upon filing
certification with the secretary of state, section
s

3 and 4
of this act
are
effective and shall supersede section
s
1
and 2
of this act.

(END)

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HB0092