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