District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0234 Latest Draft

Bill / Introduced Version Filed 03/24/2023

                             
 
 
 
 
 
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  
   
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Councilmember Janeese Lewis George      Councilmember Zachary Parker 3 
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Councilmember Brianne K. Nadeau 	Councilmember Kenyan R. McDuffie 9 
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Councilmember Robert C. White, Jr.         Councilmember Anita Bonds   15 
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A BILL 18 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 22 
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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 
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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   
 
 
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(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   
 
 
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 (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   
 
 
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(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   
 
 
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(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   
 
 
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(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   
 
 
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(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   
 
 
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(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   
 
 
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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   
 
 
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(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   
 
 
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(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   
 
 
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(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   
 
 
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 “(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   
 
 
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 “(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