District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0234 Compare Versions

Only one version of the bill is available at this time.

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7	7	March 24, 2023
8	8
9	9	Nyasha Smith, Secretary
10	10	Council of the District of Columbia
11	11	1350 Pennsylvania Avenue NW
12	12	Washington, DC 20004
13	13
14	14	Dear Secretary Smith,
15	15
16	16	Today, I am introducing the School Safety Enhancement Amendment Act of 2023. Please find
17	17	enclosed a signed copy of the legislation, which is co-introduced by Councilmembers Anita
18	18	Bonds, Janeese Lewis George, Kenyan R. McDuffie, Brianne K. Nadeau, and Robert C. White,
19	19	Jr.
20	20
21	21	This legislation would enhance school safety by:
22	22	• Directing the Office of the State Superintendent for Education (OSSE) to convene
23	23	stakeholders—including key education agencies and student advocates—to create
24	24	guidelines that would be used to review and enhance district school safety plans;
25	25	• Providing schools additional resources for school safety by establishing a new position of
26	26	School Safety Director at every school in the District, as well as an additional new
27	27	position—School Safety Assistant Director—at every high school;
28	28	• Establishing procedures for school safety teams to coordinate with MPD, including by
29	29	recognizing and delineating circumstances in which police involvement is appropriate,
30	30	such as when a school reports a crime of violence, dangerous crime, use or possession of
31	31	a firearm or destructive device on school campus or at a school event, a parental
32	32	kidnapping, or the violation of a restraining order; and
33	33	• Requiring the Deputy Mayor for Public Safety and Justice and the Deputy Mayor for
34	34	Education to create a more robust system for emergency response agencies to share
35	35	critical information about ongoing safety incidents with schools and child development
36	36	centers.
37	37	I understand that there is an ongoing debate about the future of School Resource Officers (SROs)
38	38	in District schools. This legislation does not amend current law regarding SROs; instead, it 2
39	39	focuses on delivering to school leaders what they have long requested: new resources to prevent
40	40	and respond to school safety incidents. Whether or not we move forward with the ongoing
41	41	drawdown of SROs, this legislation is necessary.
42	42
43	43	I look forward to working with my colleagues on the council and in the executive to meeting the
44	44	safety needs of our school communities, reducing the number of District students who become
45	45	justice involved, and improving our ability to respond in a coordinated and thoughtful manner to
46	46	safety incidents at District schools.
47	47
48	48	Please contact my Deputy Chief of Staff, Conor Shaw, at cshaw@dccouncil.gov if you have any
49	49	questions about this legislation.
50	50
51	51	Sincerely,
52	52
53	53
54	54
55	55
56	56	Zachary Parker
57	57	Ward 5 Councilmember
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59	59	1
60	60	__________________________ ______________________________ 2
61	61	Councilmember Janeese Lewis George Councilmember Zachary Parker 3
62	62	4
63	63	5
64	64	6
65	65	7
66	66	___________________________ ______________________________ 8
67	67	Councilmember Brianne K. Nadeau Councilmember Kenyan R. McDuffie 9
68	68	10
69	69	11
70	70	12
71	71	13
72	72	___________________________ ______________________________ 14
73	73	Councilmember Robert C. White, Jr. Councilmember Anita Bonds 15
74	74	16
75	75	17
76	76	A BILL 18
77	77	19
78	78	_________________________ 20
79	79	21
80	80	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 22
81	81	23
82	82	_________________________ 24
83	83	25
84	84	26
85	85	To enhance school safety in the District of Columbia by providing District schools with new full-27
86	86	time school safety staff; supporting that staff with appropriate training to prevent and 28
87	87	respond to safety incidents; and improving the ability of schools and child education 29
88	88	centers to receive timely information about ongoing emergencies from law enforcement 30
89	89	and emergency response agencies. 31
90	90	32
91	91	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 33
92	92	act may be cited as the “School Safety Enhancement Amendment Act of 2023.” 34
93	93	TITLE I. SCHOOL SAFETY COORDINATION 35
94	94	Sec. 101. Definitions. 36
95	95	For purposes of this title, the term: 37
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97	97
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99	99	(1) “Destructive device” shall have the same meaning as provided in section 38
100	100	101(7) of the Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. 39
101	101	Law 1-85; D.C. Official Code § 7-2501.01(7)). 40
102	102	(2) “Circumstances appropriate for police involvement” means: 41
103	103	(A) A report of a “crime of violence” as that term is defined in D.C. 42
104	104	Official Code § 23-1331(4); 43
105	105	(B) A report of a “dangerous crime” as that term is defined in D.C. 44
106	106	Official Code § 23-1331(3); 45
107	107	(C) A report of a “parental kidnapping” pursuant to D.C. Official Code § 46
108	108	16-1022; 47
109	109	(D) The use or possession of a firearm or destructive device on school 48
110	110	property or at a school event; 49
111	111	(E) A credible threat to commit a crime of violence, a dangerous crime, or 50
112	112	an act of parental kidnapping on school property or at a school event; or 51
113	113	(F) The presence of a person on school property or at a school event who 52
114	114	is subject to: 53
115	115	(i) A temporary protection order or civil protection order; 54
116	116	(ii) A temporary or final anti-stalking order; or 55
117	117	(iii) An extreme risk protection order issued pursuant to Title X of 56
118	118	the Firearms Control Regulations Act of 1975, effective May 10, 2019 (D.C. Law 22-314; D.C. 57
119	119	Official Code § 7-2510.01 et seq.). 58
120	120	(G) any other circumstance identified in the school safety coordination 59
121	121	guidelines. 60
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125	125	(3) “Exclusion” shall have the same meaning as provided in section 201(6) of the 61
126	126	Attendance Accountability Amendment Act of 2013, effective August 25, 2018 (D.C. Law 22-62
127	127	157; D.C. Official Code § 38-236.01(6)). 63
128	128	(4) “Firearm” shall have the same meaning as provided in section 101(9) of the 64
129	129	Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. 65
130	130	Official Code § 7-2501.01(9)). 66
131	131	(5) “Local education agency” shall have the same meaning as provided in section 67
132	132	201(11) of the Attendance Accountability Amendment Act of 2013, effective August 25, 2018 68
133	133	(D.C. Law 22-157; D.C. Official Code § 38-236.01(11)). 69
134	134	(6) “Racial equity” means the elimination of racial disparities such that race no 70
135	135	longer predicts opportunities, outcomes, or the distribution of resources for residents of the 71
136	136	District, particularly for persons of color and Black residents; 72
137	137	(7) “School safety employee” means a school employee who is assigned to the 73
138	138	school safety team and who is tasked with responding to safety incidents within the school 74
139	139	community. A school safety employee may provide care, counseling, coaching, relationship 75
140	140	building, violence interruption and prevention, de-escalation and mediation services. A school 76
141	141	safety employee shall not be a librarian or teacher with classroom, special education, or similar 77
142	142	responsibilities. 78
143	143	(8) “School safety assistant director” means a school employee whose primary 79
144	144	role and responsibility is the safety of students and educators at a District high school. A school 80
145	145	safety director shall not be a security guard, school resource officer, or law enforcement officer. 81
146	146	A school safety assistant director shall report to the school safety director. 82
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150	150	(9) “School safety director” means a school employee whose primary role and 83
151	151	responsibility is the safety of students and educators at a District school. A school safety director 84
152	152	shall not be a security guard, school resource officer, or law enforcement officer. 85
153	153	(10) “School safety coordination guidelines” means the guidelines established 86
154	154	pursuant to section 103. 87
155	155	(11) “School safety team” means the school safety director and school safety 88
156	156	employees at a school and includes, in the case of a high school, the assistant school safety 89
157	157	director. The term shall not include security guards, school resources officers, or law 90
158	158	enforcement officers. 91
159	159	(12) “Trauma informed services” means a service delivery approach that 92
160	160	recognizes and responds to the impacts of trauma with evidence-based supports and intervention, 93
161	161	emphasizes physical, psychological, and emotional safety for both providers of services and 94
162	162	survivors of trauma, and creates opportunities for survivors of trauma to rebuild a sense of 95
163	163	healing and empowerment. 96
164	164	(13) “Law enforcement officer” means: 97
165	165	(A) An officer or member of the Metropolitan Police Department 98
166	166	(“MPD”) or of any other police force operating in the District; 99
167	167	(B) An investigative officer or agent of the United States, including an 100
168	168	officer or agent of the Department of Homeland Security; 101
169	169	(C) An on-duty civilian employee of the MPD; 102
170	170	(D) An on-duty licensed special police officer; 103
171	171	(E) An on-duty licensed campus police officer; 104
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175	175	(F) An on-duty employee of the Department of Corrections or Department 105
176	176	of Youth Rehabilitation Services; or 106
177	177	(G) An on-duty employee of the Court Services and Offender Supervision 107
178	178	Agency, Pretrial Services Agency, or Family Court Social Services Division. 108
179	179	(14) “Restorative justice” means the use of reconciliation to build community, 109
180	180	manage conflict, and resolve tensions by repairing the harm caused by individuals toward 110
181	181	another and restoring their relationships. 111
182	182	(15) “Transformative justice” means a political framework and approach for 112
183	183	responding to violence, harm, and abuse. At its most basic, it seeks to respond to violence 113
184	184	without creating more violence and/or engaging in harm reduction to lessen the violence. 114
185	185	Sec. 102. School safety committee. 115
186	186	(a) The Office of the State Superintendent of Education (“OSSE”) shall establish a school 116
187	187	safety committee to develop evidence-based guidelines for re-envisioning school safety in the 117
188	188	District’s public and public charter schools and implementing the requirements of this act. 118
189	189	(b) The school safety committee shall be comprised of: 119
190	190	(1) A representative designated by the Deputy Mayor for Education; 120
191	191	(2) A representative designated by the State Board of Education; 121
192	192	(3) A representative designated by the Chancellor of the District of Columbia 122
193	193	Public Schools; 123
194	194	(4) A representative designated by the Public Charter School Board; 124
195	195	(5) A representative designated by the Washington Teachers’ Union; 125
196	196	(6) A representative designated by the Office of the Ombudsman for Public 126
197	197	Education; 127
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201	201	(7) A representative designated by the Office of the Student Advocate; 128
202	202	(8) Six representatives designated by the Chair of the Council committee with 129
203	203	jurisdiction over OSSE as follows: 130
204	204	(A) Four youth representatives affiliated with a student-led advocacy 131
205	205	organization who shall represent students living in each geographic quadrant in the District; 132
206	206	(B) One representative who shall be affiliated with a parent-led advocacy 133
207	207	organization; and 134
208	208	(C) One representative who shall be affiliated with an organization with 135
209	209	expertise relating to mental or behavioral health. 136
210	210	(c) The school safety committee shall be staffed by at least one full-time OSSE employee 137
211	211	and shall be charged with convening, managing, facilitating, and helping to execute the work of 138
212	212	the committee. 139
213	213	(d) OSSE may reconvene the school safety committee to consider and develop revisions 140
214	214	to the school safety coordination guidelines established pursuant to section 103. 141
215	215	Sec. 103. School safety coordination guidelines. 142
216	216	(a) By July 15, 2023, OSSE and the school safety committee shall promulgate school 143
217	217	safety coordination guidelines that shall establish requirements for a school safety plan, 144
218	218	including: 145
219	219	(1) A school building security and emergency operations plan; 146
220	220	(2) Evidence-based and trauma-informed approaches to achieve school safety that 147
221	221	improve student learning, safety, and wellbeing for students that can be executed by a member of 148
222	222	the school safety team, including: 149
223	223	(A) School-wide positive behavior interventions and supports; 150
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227	227	(B) Restorative justice programs and interventions; 151
228	228	(C) Violence interruption; 152
229	229	(D) Mediation; and 153
230	230	(E) Social and emotional learning programs. 154
231	231	(3) Methods of prevention and intervention that the school safety teams may 155
232	232	employ to minimize and respond to school safety incidents; 156
233	233	(4) Recommended approaches to student discipline that minimize reliance on 157
234	234	exclusion from school and law enforce response to student behavior, are aimed at addressing the 158
235	235	root causes of behavioral issues, and that ensure that students have access to appropriate mental 159
236	236	health, counseling, nutrition, and other services; 160
237	237	(5) Procedures for contacting and engaging with the Metropolitan Police 161
238	238	Department in circumstances appropriate for police involvement that ensure the physical safety, 162
239	239	mental health, and well-being of all students and school employees; 163
240	240	(6) Procedures for enhancing campus security without compromising the privacy 164
241	241	of students, including appropriate uses of security cameras and related technology to monitor and 165
242	242	respond to campus threats; 166
243	243	(7) Descriptions of the roles, responsibilities, and hiring qualifications of a school 167
244	244	safety director, a school safety assistant director, and a school safety employee as well as 168
245	245	standards for evaluating the performance of all individuals serving on a school safety team; and 169
246	246	(8) Policies and practices that promote racial equity and ensure equal access to 170
247	247	safe learning environments; 171
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251	251	(9) Best practices for engaging students and parents in each school community 172
252	252	about safety needs, a school’s response to an incident handled by a school safety team, and a 173
253	253	school’s response to a circumstance appropriate for police involvement; 174
254	254	(10) Requirements for reporting safety incidents to OSSE; 175
255	255	(11) Protocols for increasing school and community safety during and after school 176
256	256	dismissal, including plans and personnel to address traffic safety and pick-up procedures in 177
257	257	coordination with the safe routes to school division of the District Department of Transportation 178
258	258	and improvements needed to safe passage programming affiliated with a local education agency. 179
259	259	(b) The school safety committee shall consult with the following District agencies to 180
260	260	establish guidelines relating to school building security, traffic safety plans, pickup and dismissal 181
261	261	safety, emergency operations plans, and procedures for circumstances appropriate for police 182
262	262	involvement: 183
263	263	(1) Deputy Mayor for Public Safety and Justice; 184
264	264	(2) Metropolitan Police Department; 185
265	265	(3) Homeland Security and Emergency Management Agency; 186
266	266	(4) Department of Health; 187
267	267	(5) Department of Behavioral Health; and 188
268	268	(6) Department of Transportation. 189
269	269	(c) OSSE may identify, in writing, material deficiencies with a local education agency’s 190
270	270	school safety plan by referencing specific aspects of the school safety coordination guidelines 191
271	271	that have not been adequately implemented. OSSE shall notify the Mayor, the Chair of the 192
272	272	Council, and the Chair of the Council committee with jurisdiction over OSSE if a local education 193
273	273	agency fails to cure a materially deficient school safety plan within 60 calendar days. 194
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277	277	Sec. 104. School safety plans. 195
278	278	(a) By August 15, 2023, each local education agency shall develop a school safety plan in 196
279	279	coordination with each constituent school and in coordination with each school’s educators, 197
280	280	students, and parents by August 15, 2023. Each school safety plan shall meet the requirements of 198
281	281	the school safety coordination guidelines. 199
282	282	(b) Within 60 calendar days of any update to the school safety coordination guidelines, a 200
283	283	local education agency shall make conforming updates to its school safety plan. 201
284	284	(c) A local education agency shall update a School Safety Plan within 60 calendar days of 202
285	285	receiving notice of a material deficiency from OSSE. 203
286	286	(d) A local education agency shall implement the school safety plan in their constituent 204
287	287	schools. Implementation shall be coordinated with each constituent school. 205
288	288	(e) A local education agency and its constituent schools shall post, advertise, and hire 206
289	289	school safety directors for each campus after creating a school safety plan. A local education and 207
290	290	its constituent high schools shall post, advertise, and hire school safety assistant directors for 208
291	291	each campus after creating a school safety plan. A local education agency and its constituent 209
292	292	schools may designate additional personnel as school safety employees who shall serve on the 210
293	293	school safety team. 211
294	294	(f) Within 10 calendar days of establishing or modifying a school safety plan, a local 212
295	295	education agency shall transmit an electronic copy of its school safety plan to OSSE. 213
296	296	(g) Each local education agency shall be responsible for school safety team members 214
297	297	within their schools and shall: 215
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301	301	(1) Be responsible for issuing any Requests for Proposals (“RFPs”) for any school 216
302	302	safety-related contracts as well as for awarding, executing, administering, and funding any 217
303	303	contracts resulting from an RFP issued under this title; 218
304	304	(2) Oversee the hiring or contracting of school safety directors and school safety 219
305	305	assistant directors and the identification of other members of the school safety team; 220
306	306	(3) Provide ongoing professional development plans and support for school safety 221
307	307	directors, school safety assistant directors, school safety employees, their supervisors, and other 222
308	308	on-site personnel to ensure they are equipped with appropriate training and resources to fulfill 223
309	309	their responsibilities, including: 224
310	310	(A) Child and adolescent development; 225
311	311	(B) Cultural and linguistic competency in the cultures reflected in a local 226
312	312	education agency’s population; 227
313	313	(C) Effective communication skills; 228
314	314	(D) Behavior management; 229
315	315	(E) Conflict resolution, including restorative and transformative justice 230
316	316	practices; 231
317	317	(F) De-escalation techniques; 232
318	318	(G) Behavioral health issues for youth and families; 233
319	319	(H) Child sexual abuse prevention, identification, and response; 234
320	320	(I) Availability of social services and community resources, including 235
321	321	mutual aid, for youth; 236
322	322	(J) District laws and regulations; 237
323	323
324	324
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326	326	(K) Constitutional standards for searches and seizures conducted by 238
327	327	school personnel on school grounds; 239
328	328	(L) Violence interruption and prevention, including gang and crew 240
329	329	dynamics; 241
330	330	(M) Childhood trauma and trauma-responsive care; and 242
331	331	(N) Non-discrimination related to protected classes established under 243
332	332	section 241 of the District Human Rights Act of 1977 (D.C. Official Code § 2–1402.41). 244
333	333	(4) Conduct performance reviews for school safety directors, school safety 245
334	334	assistant directors and administer disciplinary actions, including suspension and termination. 246
335	335	TITLE II. CONFORMING AMENDMENTS 247
336	336	Sec. 201. Section 2401(b)(3) of the District of Columbia School Reform Act of 1995 248
337	337	(110 Stat. 1321; D.C. Official Code § 38-1804.01(b)(3)), is amended by adding a new 249
338	338	subparagraph (C-1) to read as follows: 250
339	339	“(C-1) Adjustment for School Safety Coordination Plan. – 251
340	340	Notwithstanding paragraph (2) of this subsection, the Mayor and the Council, in consultation 252
341	341	with the State Board of Education and the Office of the State Superintendent of Education, shall 253
342	342	adjust the amount of the annual payment under paragraph (1) of this subsection to ensure that 254
343	343	each District of Columbia Public School and public charter school can implement a school safety 255
344	344	plan as provided for in Title I of the School Safety Enhancement Amendment Act of 2023, as 256
345	345	introduced on March 24, 2023 (Bill 25-__).”. 257
346	346	Sec. 202. Section 3022(c) of the Office of the Deputy Mayor for Public Safety and 258
347	347	Justice Establishment Act of 2011, effective September 14, 2011 (D.C. Law 19-21; D.C. Official 259
348	348	Code § 1-301.191(c)), is amended as follows: 260
349	349
350	350
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352	352	(a) Paragraph (6)(G)(viii) is amended by striking the phrase “; and” and inserting a 261
353	353	semicolon in its place. 262
354	354	(b) Paragraph (7) is amended by striking the period and inserting a semicolon in its 263
355	355	place. 264
356	356	(c) New paragraphs (8) and (9) are added to read as follows: 265
357	357	“(8)(A) By September 1, 2023, establish a single point of contact or emergency 266
358	358	notification system to ensure that vital information about public safety emergencies is shared 267
359	359	with impacted schools and child development centers in a timely and reliable manner. 268
360	360	“(B) For the purposes of this paragraph, a public safety emergency 269
361	361	include: 270
362	362	“(i) The discharge of a firearm or destructive device on or near a 271
363	363	school or child development facility; 272
364	364	“(ii) The discovery of a firearm or destructive device on or near a 273
365	365	school or child development facility; 274
366	366	“(iii) A fire or medical emergency occurring on or near a school or 275
367	367	child development facility; 276
368	368	“(iv) A homeland security matter or emergency city operation that 277
369	369	may impact a school or child development center’s operations; 278
370	370	(v) A report of a “parental kidnapping” pursuant to D.C. Official 279
371	371	Code § 16-1022; and 280
372	372	“(vi) A behavioral health crisis that presents a risk to a school or 281
373	373	child development facility. 282
374	374
375	375
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377	377	“(9) By September 1, 2023, establish in coordination with the Deputy Mayor for 283
378	378	Education guidelines for the Metropolitan Police Department, the Homeland Security and 284
379	379	Emergency Management Agency, the Office of Unified Communications, and the Fire and 285
380	380	Emergency Medical Service Department to share timely and reliable information about ongoing 286
381	381	emergencies with: 287
382	382	“(A) A principal of a District of Columbia Public School, Public Charter 288
383	383	School, or private educational facility; 289
384	384	“(B) An individual designated as a school safety director, school safety 290
385	385	assistant director, or school safety employee established pursuant to Title I of the School Safety 291
386	386	Enhancement Amendment Act of 2023, as introduced on March 24, 2023 (Bill 25-__); or 292
387	387	“(C) A child development center program director or in-home care owner 293
388	388	or operator. 294
389	389	Sec. 203. Section 202(a)(2) of the Attendance Accountability Amendment Act of 2013, 295
390	390	effective June 23, 2015 (D.C. Law 21-12; D.C. Official Code § 38-236.09), is amended as 296
391	391	follows: 297
392	392	(a) Subparagraph (H) is amended to read as follows: 298
393	393	“(H) A description of the conduct that led to or reasoning behind each 299
394	394	suspension, involuntary dismissal, emergency removal, disciplinary unenrollment, voluntary 300
395	395	withdrawal or transfer, referral to law enforcement, calls for service to law enforcement, 301
396	396	involvement of law enforcement for any reason, school-based arrest, recovery of weapons, 302
397	397	recovery of contraband, recovery of controlled dangerous substance, and, for students with 303
398	398	disabilities, change in placement;”. 304
399	399	(b) New subparagraphs (I) and (J) are added to read as follows: 305
400	400
401	401
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403	403	“(I) The date, time, duration, and details of incidents in which law 306
404	404	enforcement presence occurred or was requested; and 307
405	405	“(J) The date, time, duration, and details of incidents and resolutions 308
406	406	surrounding each incident of a school lockdown; and” 309
407	407	TITLE III. FISCAL IMPACT; EFFECTIVE DATE 310
408	408	Sec. 301. Fiscal impact statement. 311
409	409	The Council adopts the fiscal impact statement in the committee report as the fiscal 312
410	410	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 313
411	411	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 314
412	412	Sec. 302. Effective date. 315
413	413	This act shall take effect after approval by the Mayor (or in the event of veto by the 316
414	414	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 317
415	415	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 318
416	416	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 319
417	417	Columbia Register. 320