SCHOOL SAFETY OMNIBUS. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 5 (Public) Filed Wednesday, January 30, 2019
AN ACT TO ESTABLISH THAT SCHOOL SAFETY REQUIREMENTS APPLY TO ALL PUBLIC SCHOOLS, CLARIFY THE POWERS AND DUTIES OF THE CENTER FOR SAFER SCHOOLS, REQUIRE REPORTING ON THE OPERATIONAL STATUS OF ALL PUBLIC SCHOOLS DURING STATES OF EMERGENCY, DEFINE THE TERM "SCHOOL RESOURCE OFFICER" AND REQUIRE TRAINING FOR SCHOOL RESOURCE OFFICERS, REQUIRE ANNUAL VULNERABILITY ASSESSMENTS FOR EACH PUBLIC SCHOOL BUILDING, REQUIRE THREAT ASSESSMENT TEAMS BE ESTABLISHED AT EACH PUBLIC SCHOOL AND CODIFY THE DUTIES OF THREAT ASSESSMENT TEAMS, REQUIRE LME/MCOS TO PROVIDE ASSISTANCE TO STUDENTS REFERRED BY THE SUPERINTENDENT, REQUIRE LOCAL BOARDS OF EDUCATION TO REQUIRE PEER-TO-PEER SUPPORT PROGRAMS AT ALL SCHOOLS WITH GRADES SIX AND HIGHER, AUTHORIZE THE TRANSFER OF UNENCUMBERED FUNDS PROVIDED FOR THE ANONYMOUS SAFETY TIP LINE APPLICATION FROM THE DEPARTMENT OF PUBLIC INSTRUCTION TO THE DEPARTMENT OF PUBLIC SAFETY FOR IMPLEMENTATION OF A DIGITAL PANIC ALARM APPLICATION, AND PROVIDE FOR TRAUMA KITS IN SCHOOLS.
Intro. by Brown, Harrington, Krawiec.

Status: Re-ref Com On Education/Higher Education (Senate action) (Aug 7 2019)

SOG comments (3):

Long title change

House committee substitute to the 2nd edition changed the long title. Original long title was AN ACT TO ALLOW STATE AND LOCAL EDUCATIONAL INSTITUTIONS ACCESS TO FUNDING FROM THE STATE CAPITAL AND INFRASTRUCTURE FUND TO ADDRESS CRITICAL CAPITAL FUNDING NEEDS.

Long title change

House committee substitute to the 3rd edition changed the long title.  Previous title was AN ACT TO ESTABLISH THAT SCHOOL SAFETY REQUIREMENTS APPLY TO ALL PUBLIC SCHOOLS, CLARIFY THE POWERS AND DUTIES OF THE CENTER FOR SAFER SCHOOLS, REQUIRE LOCAL BOARDS OF EDUCATION TO REQUIRE PEER-TO-PEER SUPPORT PROGRAMS AT ALL SCHOOLS WITH GRADES SIX AND HIGHER, REQUIRE REPORTING ON THE OPERATIONAL STATUS OF ALL PUBLIC SCHOOLS DURING STATES OF EMERGENCY, DEFINE THE TERM "SCHOOL RESOURCE OFFICER" AND REQUIRE TRAINING FOR SCHOOL RESOURCE OFFICERS, AND REQUIRE ANNUAL VULNERABILITY ASSESSMENTS FOR EACH PUBLIC SCHOOL BUILDING.

Long title change

House committee substitute to the 4th edition changed the long title. Previous long title was AN ACT TO ESTABLISH THAT SCHOOL SAFETY REQUIREMENTS APPLY TO ALL PUBLIC SCHOOLS, CLARIFY THE POWERS AND DUTIES OF THE CENTER FOR SAFER SCHOOLS, REQUIRE REPORTING ON THE OPERATIONAL STATUS OF ALL PUBLIC SCHOOLS DURING STATES OF EMERGENCY, DEFINE THE TERM "SCHOOL RESOURCE OFFICER" AND REQUIRE TRAINING FOR SCHOOL RESOURCE OFFICERS, REQUIRE ANNUAL VULNERABILITY ASSESSMENTS FOR EACH PUBLIC SCHOOL BUILDING, REQUIRE THREAT ASSESSMENT TEAMS BE ESTABLISHED AT EACH PUBLIC SCHOOL AND CODIFY THE DUTIES OF THREAT ASSESSMENT TEAMS, REQUIRE LME/MCOS TO PROVIDE ASSISTANCE TO STUDENTS REFERRED BY THE SUPERINTENDENT, AND REQUIRE LOCAL BOARDS OF EDUCATION TO REQUIRE PEER-TO-PEER SUPPORT PROGRAMS AT ALL SCHOOLS WITH GRADES SIX AND HIGHER.

Bill History:

S 5

Bill Summaries:

  • Summary date: Jul 17 2019 - More information

    House committee substitute to the 4th edition makes the following changes.

    Part I. Requirements for School Safety For All Public Schools

    Amends proposed GS 115C-551(b) and GS 115C-559(b) to strongly encourage (was, encourage) private schools and schools with religious charter, and qualified nonpublic schools, to adopt a School Risk Management Plan, conduct annual school safety exercises, and provide specified diagrams and safety information to local law enforcement and the Division of Emergency Management, as previously specified.

    Part VI. Threat Assessment Teams.

    Modifies proposed GS 115C-105.60, which requires public school units to adopt the policies for establishing threat assessment teams, changing the statute's terminology to more specifically concern a threat by a student, rather than an individual. Concerning the required makeup of the threat assessment team, allows for a psychologist or psychiatrist to be a member instead of a school psychologist if one is not available, if practicable.

    Adds new Part VII. Funding For Digital Panic Alarm Application.

    Requires the Department of Public Instruction (DPI) to transfer up to $1.5 million of the unencumbered balance of the funds appropriated to DPI for the 2018-19 fiscal year for the anonymous safety tip line application to be used to continue implementation of a digital panic alarm application based on the May 2018 Division of Emergency Management report, as identified. 

    Adds new Part VIII. Trauma Kits in Schools.

    Enacts GS 115C-105.52B, requiring the governing body of each public school unit to place at least one trauma kit at an appropriate and easily accessible location in each classroom of every school within the unit. Details permissible contents of trauma kits, subject to the principal or administrator's discretion. Requires trauma kit placement be coordinated with the superintendent or equivalent administrator, the principal or equivalent administrator, and local law enforcement and emergency management agencies within the jurisdiction. Requires biannual training on the appropriate use of a trauma kit for all school personnel who are reasonably expected to use the kit, as determined by the superintendent or equivalent administrator. Requires DPI and the Center for Safer Schools to consult with the Department of Public Safety to provide or contract for adequate training on the use of trauma kits, which must meet several specified qualifications. Requires annual inspection and replacement, as necessary, of the kits by the principal or equivalent administrator of each school within a public school unit. Directs DPI to create, no later than January 1, 2020,  an online usage tool to permit principals or equivalent administrators to provide specified information on the use and contents of all trauma kits in their schools.  Requires DPI to annually report, beginning by August 1, 2021, the most recent information provided by the tool to the specified NCGA committee and division.

    Amends GS 115C-47 (concerning the duties of local boards of education), GS 115C-12 (concerning the duties of the State Board of Education), GS 115C-218.75 (concerning charter school operating requirements), GS 115C-238.66 (concerning the duties of boards of directors of regional schools), and GS 116-11 (concerning the duties of the UNC Board of Governors). Requires the placement of at least one trauma kit in each classroom of every school operated by or under the control of the authorities set out in the specified statutes. 

    Amends GS 115C-105.49, to require a presentation be made on the location and use of any trauma kits placed in the school by each school of a local unit, at least annually, along with the existing requirement for each school to hold a full school-wide tabletop exercise and drill based on the procedures in its School Risk Management Plan (SRMP).

    Effective July 1, 2019, and applies beginning with the 2019-20 school year. 

    Makes conforming changes to the act's long title.


  • Summary date: Jul 15 2019 - More information

    House committee substitute to the 3rd edition makes the following changes.

    Part I. Requirements for School Safety For All Public Schools

    Makes technical changes to proposed GS 115C-75.9(h1).

    Part II. Clarify the Powers and Duties of the Center for Safer Schools

    Makes technical changes to proposed GS 115C-105.57(c)(3).

    Part III. State of Emergency Operational Status Reporting

    Expands proposed GS 115C-105.50, requiring each public school unit in the county under a state of emergency to report the operational status of all schools in the unit's jurisdiction to the Department of Public Safety (DPS), Division of Emergency Management and the local emergency management agency of that county, in addition to the local board of county commissioners or designee, as long as the countywide state of emergency is in place.

    Part IV. School Resource Officer Defined/Training Standards/Reports

    Modifies new GS 115C-105.70, defining a school safety resource officer as a law enforcement officer who is assigned to one or more public schools within a public school unit for at least 20 hours per week for more than 12 weeks per calendar year to assist with previously specified responsibilities related to school safety and security (previously, did not specify that the minimum hour requirement must be met for more than 12 weeks per calendar year).  Now requires school safety resource officers to comply with initial training standards within one year of assignment (was, before service). Changes the applicability provisions to now specify that new GS 115C-105.70 applies to school resource officers assigned on or after January 1, 2020 (previously, applied to school safety resource officers employed beginning with the 2020-21 school year), and requires all school resource officers assigned on January 1, 2020, to complete the initial training no later than December 31, 2020.

    Part V. School Building Vulnerability Assessment

    Modifies new GS 115C-105.52A, directing the Center for Safer Schools (Center) to collaborate with DPS, in addition to the Division of School Operations, to develop a facility vulnerability assessment tool.

    Adds new Part VI. Threat Assessment Teams.

    Enacts GS 115C-105.60 in Article 8C. Sets forth defined terms. Requires public school units to adopt, at a minimum, the policies for establishing threat assessment teams consistent with the model policies developed by the Center pursuant to GS 115C-105.57(c). Defines threat assessment team to mean a team that includes persons with expertise in counseling, instruction, school administration, and law enforcement that conducts threat assessments in a public school unit when a threat has been communicated. Requires the policies to include the conduct of threat assessments and intervention with individuals whose behavior may pose a risk to the safety of school staff or students; prohibits the policies from including information that is not public record under state law. Permits superintendents or their designees to establish a committee charged with coordination and monitoring of the threat assessment teams, or charge an existing committee. Mandates that each school in the public school unit have a threat assessment team established by the superintendent. Grants the superintendent discretion in establishing a threat assessment team that can serve more than one school in the unit. Details five duties of threat assessment teams, including conducting threat assessments when a threat has been communicated to determine appropriate actions and intervention based on the level of risk determined by the assessment, ranging from low risk to imminent risk, as described, permitting consultation with the State Bureau of Investigation as needed. Sets out the practice for the threat assessment team to immediately notify the superintendent or the superintendent’s designee upon a determination that an individual poses a high risk or imminent risk of violence or physical harm to self or others (as described), and details the required response(s) of the superintendent or the designee upon such report, including immediate attempts to notify the student’s parent or legal guardian. Clarifies that public school personnel are not precluded from acting immediately to address an imminent risk. Details reporting responsibilities when the threat assessment team recommends that the student be referred to mental health services, including notification of the student's parent or legal guardian that with their consent, if the student is uninsured or is covered by Medicaid and not enrolled in a prepaid health plan, then the superintendent or designee must make a referral that includes the parent or legal guardian's information to the local management entity/managed care organization (LME/MCO) that serves the catchment area where the student resides. Establishes reporting requirements for each threat assessment team established to the Center. Provides for attainment of health records and criminal records upon a determination by the threat assessment team that an individual poses an imminent risk. Provides for confidentiality of records obtained, only allowing release in connection with an emergency under the standards of the federal Family Educational and Privacy Rights Act. Establishes civil immunity for the governing body of a public school unit, its members, employees, designees, agents, and volunteers for acts or omissions relating to the participation in or implementation of any component of the required threat assessment team policies, less acts amounting to gross negligence, wanton conduct, or intentional wrongdoing. Directs all public school units to establish policies and threat assessment teams no later than March 1, 2020.

    Enacts GS 143B-931.1, authorizing the Department of Public Safety to provide criminal record checks to members of a threat assessment team pursuant to GS 115C-105.76. Reiterates confidentiality requirements of threat assessment team members.

    Amends GS 115C-47 to require local boards of education to require peer-to-peer student support programs be established at all school with grades six and higher, and to encourage local boards to implement the support programs as appropriate in other grades. Amends GS 115C-316.1 to require school counselors to coordinate and provide training for students in peer-to-peer student support programs that address conflict resolution, general health and wellness, and mentoring. Provides that the Center will support school counselors in the administration and delivery of these support programs. Applies beginning with the 2020-21 school year; encourages local boards to have peer-to-peer student support programs by the 2019-20 school year. 

    Amends GS 115C-105.57, as amended, adding the development of policies for threat assessment teams to the duties of the Center. Details the policies' minimum requirements, including involvement of the student's parent or legal guardian throughout the threat assessment process and referral to LME/MCOs for evaluation or treatment, when appropriate. Requires the policies to be developed by the Center by December 31, 2019.

    Amends GS 122C-115.4 to require LME/MCOs to receive referrals from school superintendents or their designees related to students who are uninsured or are covered by Medicaid and not enrolled in a prepaid health plan residing in that LME/MCO's catchment area, pursuant to new GS 115C-105.60, and within 10 calendar days, contact the student's parent or legal guardian and provide assistance with identifying appropriate existing mental health resources available to the student, including identifying financial assistance. 

    Applicable beginning with the 2019-20 school year.

    Makes conforming changes to the act's long title.


  • Summary date: Jul 10 2019 - More information

    House committee substitute deletes the provisions of the 2nd edition and instead provides the following.

    Part I. Requirements for School Safety for All Public Schools

    Codifies the existing statutes of Article 8C of GS Chapter 115C into two Parts. Codifies GS 115C-105.46 (State Board of Education responsibilities), GS 115C-47A (Proposals to establish alternative learning programs or alternative schools), and GS 115C-105.48 (Placement of students in alternative learning schools/alternative learning programs) into Part 1, titled Local Plans for Alternative Schools/Alternative Learning Programs, and the remaining sections of Article 8C into Part 2, Maintaining Safe and Orderly Schools.

    Amends GS 115C-105.49(a) and (d), GS 115C-105.49A(b), GS 115C-105.52, GS 115C-105.53(a) and (b), and GS 115C-105.54(a) to refer to "public school unit" rather than "local school administrative unit."

    Further amends GS 115C-105.49, adding a new requirement for each public school unit to report the date and time the full school-wide tabletop exercise and drill (drill) is conducted to the Center for Safer Schools (Center).

    Further amends GS 115C-105.49A, additionally requiring the Division of Emergency Management (Division) to leverage the schematic diagrams of participating nonpublic schools' facilities in constructing the School Risk and Response Management System (SRRMS) (currently, only includes public school units). Makes conforming changes to GS 115C-105.53(b).

    Repeals specified subsections of GS 115C-218.75 (concerning charter schools), GS 115C-238.66 (concerning regional schools), and GS 115C-239.8 (concerning laboratory schools) regarding respective School Risk Management Plans (SRMPs), school safety exercises, and school safety information reported to the Division. Instead, enacts a new subsection to each statute requiring charter schools, regional schools, and laboratory schools to comply with the applicable requirements of Part 2 of Article 8C, as amended. Similarly, makes the same requirements applicable to innovative schools and the North Carolina School of Math and Sciences, adding to GS 115C-75.9 and GS 116-235, respectively. Enacts GS 115C-150.16 and GS 116-69.2, adding the same requirements to schools for students with visual and hearing impairments and the North Carolina School of the Arts, respectively.

    Amends GS 115C-551 to more specifically refer to private church schools or schools of religious charter regarding voluntary participation in State programs. Adds a new section encouraging all private church schools and all schools of religious charter to adopt an SRMP in coordination with local law enforcement, provide schematic diagrams and main entrance keys to local law enforcement agencies (in addition to implementing companion provisions in GS 115C-105.52), at least annually hold a full school-wide lockdown exercise, and provide specified safety information to the Division. Amends GS 115C-559 to more specifically refer to qualified nonpublic schools regarding voluntary participation in State programs. Adds a new section encouraging the same school safety protocols as those added to GS 115C-551, above.

    Applicable beginning with the 2019-20 school year.

    Part II. Clarify the Powers and Duties of the Center for Safer Schools

    Amends GS 115C-105.57, which establishes the Center and provides for its operation. Current law generally grants the Center all powers and duties provided for in Article 8C of GS Chapter 115C. Enumerates 10 specific duties of the Center, including (1) serving as a resource and referral center for the State in conducting research, sponsoring workshops, and providing information regarding current school safety concerns; (2) providing training and professional development for public school personnel in the development and implementation of initiatives promoting school safety; (3) recommending a system of accountability to the legislature to document required school safety exercises; and (4) coordinating grants for school resource officers in elementary and middle schools and ensuring that training requirements for school resource officers funded by those grants are met. Further amends the statute, explicitly charging the Center with the duty to coordinate, collaborate, and seek necessary information from eight State and local government agencies, enumerated by the statute. Adds a new subsection, requiring the Center to receive guidance and advice from the Task Force for Safer Schools. Makes technical changes. 

    Part III. State of Emergency Operational Status Reporting

    Enacts GS 115C-105.50 in Article 8C, requiring each public school unit in the county under a state of emergency to report the operational status of all schools in the unit's jurisdiction to the local board of county commissioners or designee as long as the countywide state of emergency, as defined, is in place. 

    Applies beginning with the 2019-20 school year.

    Part IV. School Resource Officer Defined/Training Standards/Reports

    Enacts GS 115C-105.70, defining a school safety resource officer as a law enforcement officer who is assigned to one or more public schools within a public school unit for at least 20 hours per week to assist with school security, safety, emergency preparedness, emergency response, or any other responsibility related to school safety or security assigned by the officer's employer while acting as a school resource officer, consistent with any written memorandum of understanding between the public school unit and the law enforcement agency governing the school resource officer. Requires school safety resource officers to complete initial training before service and to comply with any continuing training requirements established by the officer’s certifying commission. Directs the NC Criminal Justice Education and Training Standards Commission and the NC Sheriff’s Education and Training Commission (the Commissions) to collaborate with the Center for Safer Schools and the Division of Mental Health, Developmental Disabilities, and Substance Abuse of the Department of Health and Human Services to establish initial training and continuing education standards for school safety resource officers. Requires the standards to minimally include training on mental health, students with disabilities, racial equity, and crisis intervention and de-escalation. Applies to school safety resource officers employed beginning with the 2020-21 school year.

    Amends GS 17C-6(a) and GS 17E-4(a), concerning the power of the NC Criminal Justice Education and Training Standards Commission and the NC Sheriff’s Education and Training Commission, respectively, to make conforming changes authorizing the Commissions to establish initial training and continuing education training standards for school safety resource officers pursuant to new GS 115C-105.70.

    Requires the Commissions to collaborate with the Center for Safer Schools and the Division of Mental Health, Developmental Disabilities, and Substance Abuse and establish the initial training standards for school safety resource officers no later than January 15, 2020.

    Enacts GS 115C-105.71, establishing annual reporting requirements for public school units to the Center regarding school resource officers, with the first report due by September 15, 2019. Requires the Center to annually submit to the specified NCGA committee, with the first report by November 15, 2019, an executive summary and disaggregated data for each public school unit regarding the information reported by the units to the Center.

    Part V. School Building Vulnerability Assessment

    Enacts GS 115C-105.52A, directing each governing body of a public school unit to require each school under its control to complete a facility vulnerability assessment for each school building at least once annually. Directs the Center to develop a facility vulnerability assessment tool in collaboration with the Department of Public Instruction, Division of Safe and Healthy Schools Support (Division), to be used by administrative units in their annual assessment. Specifies that the tool is to be in the form of a checklist designed to access the potential vulnerabilities arising from day-to-day policies and procedures in the operation of school buildings. Establishes civil immunity for the governing body of a public school unit, its members, employees, designees, agents, and volunteers for acts related to participation in or implementation of a facility vulnerability assessment, less acts of gross negligence, wanton conduct, or intentional wrongdoing. Clarifies that the act does not create any specific duty of care or standard of care. Requires the Center for Safer Schools and the Division to develop the assessment tool by January 15, 2020. Requires each governing body to require each school to complete a facility vulnerability assessment for each school building before the end of the 2019-20 school year and annually thereafter.

    Amends GS 115C-105.49A, as amended in Part 1 of the act, mandating the SRRMS, constructed by the Division, integrate any facility vulnerability assessments as part of an SRMP pursuant to new GS 115C-105.52A where technically feasible.

    Makes conforming changes to the act's titles.


  • Summary date: Feb 20 2019 - More information

    Senate amendment to the 1st edition makes the following changes. 

    Amends GS 143C-4-3.1 concerning funding project with funds from the State Capital and Infrastructure Fund (Fund) by providing that money provided to local governments from the Fund (was, money appropriated from the Fund) must not be used to retire existing debt service.

    Makes organizational changes to the act.


  • Summary date: Jan 30 2019 - More information

    Provides for the intent of the General Assembly to provide supplemental funding to address capital needs of local school administrative units and community colleges.

    Amends GS 143C-4-3.1, regarding the State Capital and Infrastructure Fund (Fund). Adds to the legislative intent to explicitly provide for the General Assembly's intent to annually appropriate one-third of funds available in the Fund each to State agencies, institutions of higher education, and local school administrative units through the 2027-28 fiscal year. Requires that 4.5% (was, 4%) of the State tax revenue deposited in the General Fund be credited to the Fund. Adds to the authorized use of funds in the Fund to include new capital projects for community colleges under the jurisdiction of the State Board of Community Colleges and new capital projects for local school administrative units. Provides for the administration of funds appropriated for local school administrative units for capital projects and repairs and renovations by the Department of Public Instruction (DPI). Directs DPI to give priority to applicants with the greatest need, with higher priority given to applicants for capital projects that have not received a grant from the Needs-Based Public School Capital Fund in the previous five years. Restricts the use of funds appropriated from the Fund and allocated to a local unit not in compliance with the class size requirements in GS 115C-301 to expenditures needed to comply with the class size requirement. Provides for sufficient funding of projects until completion and prohibits using appropriated funds to retire existing debt obligations. Makes conforming changes to GS 143C-8-13, concerning the use of funds appropriated for repairs and renovations. Adds school safety enhancements to the allowable projects from funds appropriated for repairs and renovations from the Fund.

    Appropriates the specified amounts from the Fund for the 2019-20 fiscal year to the Department of Natural and Cultural Resources, Western Carolina University, and Elizabeth State University to be used for the capital improvements and projects identified.

    Appropriates $10 million from the Fund for the 2019-20 fiscal year to the Community Colleges System Office for workforce training equipment.

    Amends GS 18C-164, appropriating $100 million of the net revenues credited to the Education Lottery Fund each fiscal year to the Public School Building Capital Fund. Makes conforming and organizational changes. 

    Effective July 1, 2019.


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