File No. 404

Senate, April 10, 2018

The Committee on Education reported through SEN. SLOSSBERG of the 14th Dist. and SEN. BOUCHER of the 26th Dist., Chairpersons of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING SCHOOL SECURITY.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 10-222n of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Not later than January 1, 2014, the Department of Emergency Services and Public Protection, in consultation with the Department of Education, shall develop school security and safety plan standards. The school security and safety plan standards shall be an all-hazards approach to emergencies at public schools and shall include, but not be limited to, (1) involvement of local officials, including the chief executive officer of the municipality, the superintendent of schools, law enforcement, fire, public health, emergency management and emergency medical services, in the development of school security and safety plans, (2) a command center organization structure based on the federal National Incident Management System and a description of the responsibilities of such command center organization, (3) a requirement that a school security and safety committee be established at each school, in accordance with the provisions of section 10-222m, (4) crisis management procedures, (5) a requirement that local law enforcement and other local public safety officials evaluate, score and provide feedback on fire drills and crisis response drills, conducted pursuant to section 10-231, as amended by this act, (6) a requirement that local and regional boards of education annually submit reports to the Department of Emergency Services and Public Protection and the Department of Education regarding such fire drills and crisis response drills, (7) procedures for managing various types of emergencies, (8) a requirement that each local and regional board of education conduct a security and vulnerability assessment for each school under the jurisdiction of such board every two years and develop a school security and safety plan for each such school, in accordance with the provisions of section 10-222m, based on the results of such assessment, (9) a requirement that the safe school climate committee for each school, established pursuant to section 10-222k, collect and evaluate information relating to instances of disturbing or threatening behavior that may not meet the definition of bullying, as defined in section 10-222d, and report such information, as necessary, to the district safe school climate coordinator, described in section 10-222k, and the school security and safety committee for the school, established pursuant to section 10-222m, and (10) a requirement that the school security and safety plan for each school provide an orientation on such school security and safety plan to each school employee, as defined in section 10-222d, at such school and provide violence prevention training in a manner prescribed in such school security and safety plan. The Department of Emergency Services and Public Protection shall make such standards available to local officials, including local and regional boards of education.

Sec. 2. Section 10-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(a) Each local and regional board of education shall provide for a fire drill to be held in the schools of such board not later than thirty days after the first day of each school year and at least once each month thereafter, except as provided in subsection (b) of this section.

(b) Each such board shall substitute a crisis response drill for a fire drill once every three months and shall develop the format of such crisis response drill in consultation with the appropriate local law enforcement agency. A representative of such agency may supervise and participate in any such crisis response drill.

(c) Each local and regional board of education shall annually submit a report to the Department of Emergency Services and Public Protection and the Department of Education regarding all fire drills and crisis response drills conducted during the prior school year, including the evaluations, scores and feedback provided by local law enforcement and other local public safety officials on such fire drills and crisis response drills.

Sec. 3. Section 84 of public act 13-3, as amended by section 15 of public act 13-122, section 191 of public act 13-247, section 73 of public act 14-98, section 1 of public act 15-5, section 1 of public act 16-171 and section 1 of public act 17-68, is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) For the fiscal years ending June 30, 2013, to June 30, [2018] 2019, inclusive, the Departments of Emergency Services and Public Protection, Administrative Services and Education shall jointly administer a school security infrastructure competitive grant program to reimburse a (1) town, (2) regional educational service center, (3) the governing authority for a state charter school, (4) the Department of Education on behalf of the technical high school system, (5) an incorporated or endowed high school or academy approved by the State Board of Education pursuant to section 10-34 of the general statutes, [and] (6) the supervisory agent for a nonpublic school, [including] and (7) a licensed child care center or private preschool operator that has received threats, for certain expenses for schools, centers or preschools incurred on or after January 1, 2013, for: [(1)] (A) The development or improvement of the security infrastructure of schools, centers or preschools based on the results of school, building or child care center building security assessments pursuant to subsection (d) of this section, including, but not limited to, the installation of surveillance cameras, penetration resistant vestibules, ballistic glass, solid core doors, double door access, computer-controlled electronic locks, entry door buzzer systems, scan card systems, panic alarms, real time interoperable communications and multimedia sharing infrastructure or other systems; and [(2) (A)] (B) (i) the training of school personnel in the operation and maintenance of the security infrastructure of school buildings, or [(B)] (ii) the purchase of portable entrance security devices, including, but not limited to, metal detector wands and screening machines and related training.

(b) (1) On and after April 4, 2013, each local and regional board of education may, on behalf of its town or its member towns, apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such board of education incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. Prior to the date that the School Safety Infrastructure Council makes its initial submission of the school safety infrastructure standards, pursuant to subsection (c) of section 10-292r of the general statutes, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Administrative Services and Education, shall determine which expenses are eligible for reimbursement under the program. On and after the date that the School Safety Infrastructure Council submits the school safety infrastructure standards, the decision to approve or deny an application and the determination of which expenses are eligible for reimbursement under the program shall be in accordance with the most recent submission of the school safety infrastructure standards, pursuant to subsection (c) of section 10-292r of the general statutes.

(2) For the fiscal years ending June 30, 2015, to June 30, [2018] 2019, inclusive, a regional educational service center may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such regional educational service center incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(3) For the fiscal years ending June 30, 2015, to June 30, [2018] 2019, inclusive, the governing authority for a state charter school may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such governing authority incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(4) For the fiscal years ending June 30, 2015, to June 30, [2018] 2019, inclusive, the superintendent of the technical high school system may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools in the technical high school system incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(5) For the fiscal years ending June 30, 2015, to June 30, [2018] 2019, inclusive, an incorporated or endowed high school or academy may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(6) (A) For the fiscal years ending June 30, 2015, to June 30, [2018] 2019, inclusive, the supervisory agent for a nonpublic school or a licensed child care center or private preschool operator described in subdivision (7) of subsection (a) of this section may apply, at such time and in such manner as the Commissioner of Emergency Services and Public Protection prescribes, to the Department of Emergency Services and Public Protection for a grant for certain expenses for schools under the jurisdiction of such supervisory agent or for such licensed child care centers or private preschools incurred on or after January 1, 2013, for the purposes described in subsection (a) of this section. The department shall decide whether to approve or deny an application and which expenses are eligible for reimbursement under the program. Such decisions shall be in accordance with the school safety infrastructure standards developed pursuant to subsection (c) of section 10-292r of the general statutes.

(B) For the fiscal years ending June 30, 2015, to June 30, [2018] 2019, inclusive, ten per cent of the funds available under the program shall be awarded to the supervisory agents of nonpublic schools and licensed child care center or private preschool operators described in subdivision (7) of subsection (a) of this section, in accordance with the provisions of subdivision (6) of subsection (c) of this section.

(c) (1) A town may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined as follows: (A) Each town shall be ranked in descending order from one to one hundred sixty-nine according to town wealth, as defined in subdivision (26) of section 10-262f of the general statutes, (B) based upon such ranking, a percentage of not less than twenty or more than eighty shall be assigned to each town on a continuous scale, and (C) the town ranked first shall be assigned a percentage of twenty and the town ranked last shall be assigned a percentage of eighty.

(2) A regional educational service center may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the population of each member town in the regional educational service center by such town's ranking, as determined in subsection (a) of section 10-285a of the general statutes; (B) adding together the figures for each town determined under subparagraph (A) of this subdivision; and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all member towns in the regional educational service center. The ranking of each regional educational service center shall be rounded to the next higher whole number and each such center shall receive the same reimbursement percentage as would a town with the same rank.

(3) The governing authority for a state charter school may receive a grant equal to a percentage of its eligible expenses that is the same as the town in which such state charter school is located, as calculated pursuant to subdivision (1) of this subsection.

(4) The Department of Education, on behalf of the technical high school system, may receive a grant equal to one hundred per cent of its eligible expenses.

(5) An incorporated or endowed high school or academy may receive a grant equal to a percentage of its eligible expenses. The percentage shall be determined by its ranking. Such ranking shall be determined by (A) multiplying the total population, as defined in section 10-261 of the general statutes, of each town which at the time of application for such school security infrastructure competitive grant has designated such school as the high school for such town for a period of not less than five years from the date of such application, by such town's percentile ranking, as determined in subsection (a) of section 10-285a of the general statutes, (B) adding together the figures for each town determined under subparagraph (A) of this subdivision, and (C) dividing the total computed under subparagraph (B) of this subdivision by the total population of all towns which designate the school as their high school under subparagraph (A) of this subdivision. The ranking determined pursuant to this subsection shall be rounded to the next higher whole number. Such incorporated or endowed high school or academy shall receive the reimbursement percentage of a town with the same rank.

(6) The supervisory agent for a nonpublic school or a licensed child care center or private preschool operator described in subdivision (7) of subsection (a) of this section may receive a grant equal to fifty per cent of its eligible expenses, provided any such grant shall not exceed fifty thousand dollars.

(d) (1) For the fiscal year ending June 30, 2014, if there are not sufficient funds to provide grants to all towns, based on the percentage determined pursuant to subsection (c) of this section, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Administrative Services and Education, shall give priority to applicants on behalf of schools with the greatest need for security infrastructure, as determined by said commissioners based on school building security assessments of the schools under the jurisdiction of the town's school district conducted pursuant to this subdivision. Of the applicants on behalf of such schools with the greatest need for security infrastructure, said commissioners shall give first priority to applicants on behalf of schools that have no security infrastructure at the time of such school building security assessment and succeeding priority to applicants on behalf of schools located in priority school districts pursuant to section 10-266p of the general statutes. To be eligible for reimbursement pursuant to this section, an applicant board of education shall (A) demonstrate that it has developed and periodically practices an emergency plan at the schools under its jurisdiction and that such plan has been developed in concert with applicable state or local first-responders, and (B) provide for a uniform assessment of the schools under its jurisdiction, including any security infrastructure, using the National Clearinghouse for Educational Facilities' Safe Schools Facilities Checklist. The assessment shall be conducted under the supervision of the local law enforcement agency.

(2) For the fiscal years ending June 30, 2015, to June 30, [2018] 2019, inclusive, if there are not sufficient funds to provide grants to all applicants that are towns, regional educational service centers, governing authorities for state charter schools, the Department of Education, on behalf of the technical high school system, and incorporated or endowed high schools or academies based on the percentage determined pursuant to subsection (c) of this section, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Administrative Services and Education, shall give priority to applicants on behalf of schools with the greatest need for security infrastructure, as determined by said commissioners based on school building security assessments of the schools under the jurisdiction of the applicant conducted pursuant to this subdivision. Of the applicants on behalf of such schools with the greatest need for security infrastructure, said commissioners shall give first priority to applicants on behalf of schools that have no security infrastructure at the time of such school building security assessment and succeeding priority to applicants on behalf of schools located in priority school districts pursuant to section 10-266p of the general statutes. To be eligible for reimbursement pursuant to this section, an applicant shall (A) demonstrate that it has developed and periodically practices an emergency plan at the schools under its jurisdiction and that such plan has been developed in concert with applicable state or local first-responders, and (B) provide for a uniform assessment of the schools under its jurisdiction, including any security infrastructure, using the National Clearinghouse for Educational Facilities' Safe Schools Facilities Checklist. The assessment shall be conducted under the supervision of the local law enforcement agency.

(3) For the fiscal years ending June 30, 2015, to June 30, [2018] 2019, inclusive, if there are not sufficient funds to provide grants to all applicant supervisory agents for nonpublic schools or licensed child care center or private preschool operator described in subdivision (7) of subsection (a) of this section, based on the percentages described in subsection (c) of this section, the Commissioner of Emergency Services and Public Protection, in consultation with the Commissioners of Administrative Services and Education, shall give priority to applicants on behalf of schools, centers or preschools with the greatest need for security infrastructure, as determined by said commissioners. Of the applicants on behalf of such schools, centers or preschools with the greatest need for security infrastructure, said commissioners shall give first priority to applicants on behalf of schools, centers or preschools that have no security infrastructure at the time of application. To be eligible for reimbursement pursuant to this section, an applicant supervisory agent for a nonpublic school or licensed child care center or private preschool operator described in subdivision (7) of subsection (a) of this section shall (A) demonstrate that it has developed and periodically practices an emergency plan at the school, center or preschool under its jurisdiction and that such plan has been developed in concert with applicable state or local first-responders, and (B) provide for a uniform assessment of the schools, centers or preschools under its jurisdiction, including any security infrastructure, using the National Clearinghouse for Educational Facilities' Safe Schools Facilities Checklist. The assessment shall be conducted under the supervision of the local law enforcement agency.

(4) Except as provided in subdivisions (1) to (3), inclusive, of this subsection, for the fiscal year ending June 30, 2019, if an applicant described in subdivisions (1) to (7), inclusive, of subsection (a) of this section was unable to receive a grant for an application submitted during the fiscal year ending June 30, 2018, because of insufficient funds to provide grants to all applicants, such applicant may resubmit the same application for a grant during the fiscal year ending June 30, 2019. The Commissioner of Emergency Services and Public Protection shall accept and give priority to all such resubmitted applications during the fiscal year ending June 30, 2019.

Sec. 4. Subsection (c) of section 28-5 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2018):

(c) The Commissioner of Emergency Services and Public Protection shall, within available appropriations and in consultation with the Commissioners of Social Services, Public Health, Children and Families, Mental Health and Addiction Services, [and] Education and Early Childhood, and the Commission on Women, Children and Seniors, update and amend the state civil preparedness plan and program established pursuant to subsection (b) of this section to address the needs of children during natural disasters, man-made disasters and terrorism. The plan may also be amended in consultation with parents, local emergency services and child care providers. The amended plan shall include, but not be limited to, a requirement that all schools and licensed and regulated child care services, as defined in section 19a-77, have written multihazard disaster response plans that address (1) the evacuation and removal of children to a safe location, (2) notification of parents in the event of a disaster or terrorism, (3) reunification of parents with their children, and (4) care for children with special needs during a disaster or terrorism.

Sec. 5. Subsections (a) and (b) of section 28-7 of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Each town or city of the state shall establish a local organization for civil preparedness in accordance with the state civil preparedness plan and program, provided any two or more towns or cities may, with the approval of the commissioner, establish a joint organization for civil preparedness. The authority of such local or joint organization for civil preparedness shall not supersede that of any regularly organized police or fire department. In order to be eligible for any state or federal benefits under this chapter, not later than January 1, 2017, and biennially thereafter, each town or city of the state shall have a current emergency plan of operations that has been approved by the commissioner. The plan shall be submitted to the commissioner after it has been approved by the local emergency management director and the local chief executive. Such plan may be submitted with a notice stating that the plan remains unchanged from the previously submitted version. On and after July 1, 2018, the emergency plan of operations of every town or city shall contain provisions for the notification of all public and nonpublic schools and child care facilities, as defined in section 10-530, in the town or city of an emergency. Such notification shall include information relevant to the safety or evacuation of children and students, periodic updates of such emergency and notice of when such emergency has concluded. The emergency plan of operations of every town or city situated on the shoreline of the state shall contain provisions addressing an emergency caused by any existing liquefied natural gas terminal located on the Long Island Sound and every town or city situated on the shoreline of the state shall submit such plan to the joint standing committee of the General Assembly having cognizance of matters relating to public safety, in accordance with the provisions of section 11-4a, and the commissioner to obtain approval. The committee shall hold a public hearing regarding such plan not later than thirty days after receiving the plan. Not later than five days after the hearing, the committee shall (1) hold a roll-call vote to approve or reject the plan, and (2) forward the plan and a record of the committee's vote to the General Assembly. Such emergency plan of operations shall not be approved by the commissioner unless the commissioner determines that the plan proposes strategies that address all the activities and measures of civil preparedness identified in subdivision (4) of section 28-1. Each town or city of the state shall consider whether to include in such plan provisions for the nonmilitary evacuation of livestock, horses, pets and service animals, and the temporary sheltering of pets, service animals and animals trained to assist first responders.

(b) Each local organization for civil preparedness shall consist of an advisory council and an emergency management director appointed by the chief executive officer. The advisory council shall contain representatives of city or town agencies concerned with civil preparedness and representatives of interests, including business, labor, agriculture, veterans, women's groups, local and state animal humane organizations, public and nonpublic schools, child care service providers and others, which are important to the civil preparedness program in the particular community. The emergency management director shall be responsible for the organization, administration and operation of such local organization, subject to the direction and control of the commissioner. The chief executive officer may remove any local emergency management director for cause.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact:

Explanation

This bill extends the application deadline for the school security infrastructure program and expands eligibility to private day care centers, resulting in a potential revenue gain to municipalities and a potential increase in debt service.

Currently, there is no funding available to the program, which is funded through general obligation (GO) bonds. The bill does not increase the bond authorization under the program. To the extent more funding is provided, there would be an increase in state debt service commensurate to any increase in bond allocations to the program, and a revenue gain to municipalities who apply for reimbursements that would have otherwise not been available.

To date, there has been $47 million in funding provided to municipalities under the program since its inception in 2013.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to the availability of bond funds.

OLR Bill Analysis

sSB 454

AN ACT CONCERNING SCHOOL SECURITY.

SUMMARY

This bill extends for one year, through FY 19, the authorization for the school security infrastructure grant program, which provides state grants to develop or improve security infrastructure in schools. It specifies that licensed child care centers and private preschools (1) together with private schools, must be awarded 10% of the program's funds and (2) are eligible for a grant equal to 50% of the eligible project costs, while adding the limitation that such grant not exceed $50,000.

It also:

1. requires local and regional boards of education to report to the State Department of Education (SDE) on the fire drills and crisis response drills they must conduct and any feedback on the drills;

2. requires municipal emergency plans to provide for notification of an emergency to all public and nonpublic schools and child care facilities in the municipality; and

3. makes minor, technical, and conforming changes.

EFFECTIVE DATE: July 1, 2018, except the provisions on the school security grant program and local emergency plans and civil preparedness advisory councils are effective upon passage.

§§ 1 & 2 — FIRE AND CRISIS RESPONSE DRILL REPORTING

Current law requires boards of education to annually report to the Department of Emergency Services and Public Protection (DESPP) on required fire and crisis response drills. The bill requires the (1) boards to also annually submit the reports to SDE and (2) reports to include evaluations, scores, and feedback from local law enforcement on the drills.

§ 3 — SCHOOL SECURITY GRANT PROGRAM REAUTHORIZATION

The bill extends the authorization for the school security infrastructure competitive grant program by one year, from FY 18 to FY 19. As under current law, the reimbursement must be for development or improvement of a school's security infrastructure based on the facilities security assessment the law requires.

By law, grants are available to reimburse towns, regional educational service centers, state charter schools, SDE on behalf of the technical high school system, an endowed high school or academy approved by the state to function as a town's public high school, and private schools, including licensed child care centers or preschools that have received threats.

The bill specifies that the eligible preschools are private ones (public preschools are covered under the provisions that apply to towns).

The bill also specifies that licensed child care centers and private preschools are included in the group that (1) must be awarded 10% of the funds available under the program and (2) is eligible for a grant equal to 50% of the eligible project costs. It limits the grant amount for private schools, including licensed child care centers and private preschools, to $50,000 each.

The bill allows any applicant who did not receive a grant for FY 18 due to insufficient funds to resubmit the same application for FY 19. The DESPP commissioner must accept the applications and give them priority during FY 19. The bill extends, from FY 18 to FY 19, the law's provisions for prioritizing grants for public and private schools based on greatest need for security infrastructure if there are not sufficient funds to provide grants for all applicants. After applying these priorities, the commissioner must prioritize those that reapplied from the previous year.

§ 4 — UPDATING THE STATE PLAN OF CIVIL PREPAREDNESS

Current law requires the DESPP commissioner to consult with a group of state agency commissioners when updating the state civil preparedness plan and program. The bill adds the early childhood commissioner to the group that must be consulted.

§ 5 — EMERGENCY NOTIFICATION & PREPAREDNESS

Under the bill, beginning July 1, 2018, emergency operation plans in every town and city must require all public and nonpublic schools and child care facilities in the town or city to be notified of an emergency. The notification must include information relevant to the safety or evacuation of children and students, periodic updates on the emergency, and notice when it is over.

The bill also adds representatives of public and private schools and child care providers to the existing membership of the local civil preparedness advisory councils.

COMMITTEE ACTION

Education Committee

Joint Favorable Substitute