2023 Regular Session ENROLLED
SENATE BILL NO. 207
BY SENATORS MILLIGAN, ABRAHAM, BARROW, BERNARD, BOUDREAUX,
CATHEY, CLOUD, CONNICK, CORTEZ, FESI, FIELDS, FOIL,
HARRIS, HENRY, HENSGENS, HEWITT, JACKSON, KLEINPETER,
LUNEAU, FRED MILLS, MORRIS, PEACOCK, POPE, PRICE,
REESE, SMITH, STINE, TALBOT, TARVER, WHITE AND
WOMACK AND REPRESENTATIVES ADAMS, BRYANT,
CARRIER, ECHOLS, FISHER, FREEMAN, GADBERRY,
GAROFALO, GREEN, HARRIS, HORTON, HUGHES, ILLG, MIKE
JOHNSON, TRAVIS JOHNSON, LAFLEUR, LARVADAIN, LYONS,
MCKNIGHT, NEWELL, CHARLES OWEN, SCHAMERHORN,
SEABAUGH, SELDERS, THOMPSON AND W ILLARD
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
1 AN ACT
2 To amend and reenact R.S. 17:416.16(A), (B), (C)(1) , (D), (E), (F), (H), and (I), and R.S.
3 29:726.5 and to enact R.S. 17:416.16(G)(4) and (5) and R.S. 29:726.5.1, relative to
4 school safety; to provide relative to school crisis management and response plans;
5 to provide for additional safety drills; to require bleeding control kits in each school;
6 to provide for training of designated employees on traumatic injury response; to
7 provide relative to liability for rendering aid; to require rules relative to training and
8 bleeding control kits; to provide relative to the duties and membership of the
9 Louisiana Commission on School and Nonprofit Security; to provide for the
10 Louisiana Center for Safe Schools; and to provide for related matters.
11 Be it enacted by the Legislature of Louisiana:
12 Section 1. R.S. 17:416.16(A), (B), (C)(1), (D), (E), (F), (H), and (I) are hereby
13 amended and reenacted and R.S. 17:416.16(G)(4) and (5) are hereby enacted to read as
14 follows:
15 §416.16. School crisis management and response plans
16 A.(1) For the purposes of this Section, a the following terms shall have the
ACT No. 334
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1 following meanings:
2 (a) "crisis Crisis management and response plan" means shall mean a plan
3 to address school safety and the incidence of a shooting or other violence at schools,
4 on school buses, and at school-related activities; to respond effectively to such any
5 incidents; and to ensure that every student, teacher, and school employee has access
6 to a safe, secure, and orderly school that is conducive to learning. Such plans The
7 plan shall also address the management of any other emergency situation.
8 (b) "District threat assessment team" shall mean a team established by
9 each governing authority of public elementary and secondary schools. The team
10 shall include the local school superintendent; the principal of each school; a
11 person with responsibility over the school facilities; a mental health professional
12 employed by the governing authority, or, if the governing authority has no such
13 employee, a mental health professional selected by the local school
14 superintendent; any school resource officer employed by the governing
15 authority; any Junior Reserve Officer Training Corps instructor employed by
16 the governing authority; and the emergency preparedness and recovery point
17 of contact.
18 (c) "Emergency preparedness and recovery point of contact" shall mean
19 a person selected by the local school superintendent to serve as a point of
20 contact with local and state officials and the media in the event of an emergency.
21 (d) "Local superintendent" shall mean the chief executive officer of the
22 school or other employee holding an equivalent position.
23 (2)(a) A school crisis management and response plan shall be prepared by
24 each public school principal jointly with local law enforcement, fire, public safety,
25 and emergency preparedness officials. The plan shall seek to utilize resources and
26 information available through the Louisiana Commission on School and
27 Nonprofit Security, R.S. 29:726.5 et seq.
28 (b) In preparing or revising the plan, the principal and such officials shall
29 consider and include, if appropriate, shall consult with the district threat
30 assessment team. The principal and the threat assessment team shall determine
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1 whether to consider input from students enrolled in the school and their parents,
2 teachers at the school, other school employees, and community leaders.
3 (3) The plan, which shall focus on preventing the loss of life and the injury
4 of students and teachers and other school employees, shall detail the roles and
5 responsibilities of each school employee and of each local and state public safety
6 and emergency preparedness office. The plan shall include the relevant
7 coordination agreements, services, and security measures of a school and.
8 (4) The plan shall provide for an all-hazards approach response plan for
9 emergency events including any event with a hostage, an active shooter, or a
10 building lock-down.
11 (5) The plan shall provide for parental the notification of parents, faculty,
12 staff, and local public safety officials in the event of a shooting or other violent
13 incident or emergency situation.
14 (4)(6) The plan may shall provide for the counseling of students by mental
15 health professionals in the event of a shooting or other violent incident or emergency
16 situation, encouraging peer helper programs, and identifying students who may have
17 experienced rejection or other traumatic life events.
18 B.(1) Each public school principal, jointly with local law enforcement, fire,
19 public safety, and emergency preparedness officials, shall review the plan at least
20 once annually and shall revise the plan as necessary. In reviewing and revising the
21 plan, the principal and such officials shall consider and include input, if appropriate,
22 from students enrolled in the school and their parents, teachers at the school, other
23 school employees, and community leaders. Each principal shall submit such the plan
24 in writing to the local school superintendent for approval at least once annually,
25 including upon each revision.
26 (2) Notwithstanding the provisions of Paragraph (1) of this Subsection, when
27 conducting the annual review of the crisis management and response plan for a high
28 school, the school principal shall seek and consider input from the students enrolled
29 in the school who shall be represented by either the president of the senior class or
30 the president of the student council and at least one other responsible student selected
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1 by the principal.
2 (3) The local school superintendent shall make an annual report to the public
3 school governing authority on the status of the plan of each school under the
4 governing authority's jurisdiction and shall submit a copy of the report to the state
5 Department of Education and the Center for Safe Schools provided for in
6 R.S. 29:276.5.1.
7 C.(1) Within the first thirty days of each school year, each public school
8 principal shall conduct a safety drill to rehearse the components of the plan,
9 including an active shooter scenario. In addition, each school year, each
10 principal shall conduct at least one additional drill during high traffic or
11 transition points in the school day. Not later than seven days after the each drill,
12 the principal shall submit a written report summarizing the details of the drill to the
13 local school superintendent. The superintendent may shall comment on the drill to
14 the principal, who may shall consider such the comments in revising the plan.
15 * * *
16 D. Each plan shall provide that classroom:
17 (1) Classroom doors with locks that are shall be in compliance with all fire
18 safety standards promulgated by the office of state fire marshal code enforcement
19 and building safety of the Department of Public Safety and Corrections and shall
20 remain locked during instructional time. Each plan shall provide that a locked door
21 shall not obstruct egress.
22 (2)(a) Bleeding control kits shall be placed in easily accessible locations
23 in each school.
24 (b) The principal shall designate employees to be trained in the proper
25 use of a bleeding control kit and in traumatic injury response.
26 (c) The provisions of this Paragraph shall be subject to the appropriation
27 of funds by the legislature.
28 E. If a school has a resource officer as authorized in R.S. 17:416.19 or a
29 Junior Reserve Officer Training Corps instructor, he shall join the principal and local
30 law enforcement, fire, public safety, and emergency preparedness officials in
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1 preparing the plan and participate in any review or revision of the plan. A person
2 acting in good faith who administers aid for a traumatic injury, including
3 through the use of a bleeding control kit, shall be immune from criminal and
4 civil liability for the administration, unless personal injury results from the
5 gross negligence or willful or wanton misconduct in the administration of aid.
6 F. Each school year, each public school principal shall be responsible for
7 providing in-service training, which may be incorporated into a meeting or training
8 session held for another purpose, for all teachers and school employees pertaining
9 to the plan and may shall involve local law enforcement, fire, public safety, and
10 emergency preparedness officials in the preparation and presentation of the training.
11 The training shall include an active shooter exercise. The training shall be
12 reported to the local school superintendent and the state Department of
13 Education.
14 G. Each public school principal shall keep a copy of the approved plan in his
15 office and shall provide a copy to the following individuals, each of whom shall be
16 responsible for keeping in his respective office a copy of the plan that is readily
17 accessible in the event of a school shooting or other violent incident or emergency
18 situation:
19 * * *
20 (4) The state Department of Education.
21 (5) The Center for Safe Schools within the Governor's Office of
22 Homeland Security and Emergency Preparedness.
23 H. For the purposes of this Section, for a charter school, the "local
24 superintendent" shall mean the chief executive officer of the school or other
25 employee holding an equivalent position.
26 I.(1) The governing authority of each public elementary and secondary school
27 may adopt rules and regulations as it deems necessary to provide for the
28 implementation of the provisions of this Section.
29 (2) The State Board of Elementary and Secondary Education, in consultation
30 with the Nonpublic School Commission, shall adopt rules and regulations requiring
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1 the governing authorities of nonpublic schools to address school safety. These rules
2 and regulations shall address management and response in the event of a shooting
3 or other violent incident on school campuses, school buses, and at school-related
4 activities and shall provide for a safe, secure, and orderly school that is conducive
5 to learning for every student, teacher, and school employee. These rules and
6 regulations may also address management and response in the event of any other
7 emergency situation.
8 I.(1) The state Department of Education shall review national awareness
9 campaigns relative to the response to traumatic injuries and develop and offer
10 annual training, or provide updated links to training, on the response to
11 traumatic injuries and the proper use of a bleeding control kit.
12 (2) The State Board of Elementary and Secondary Education shall
13 develop rules relative to bleeding control kits that specify the minimum items
14 to be included in a kit, when a kit shall be inspected and restocked, and how
15 often designated employees shall be trained.
16 * * *
17 Section 2. R.S. 29:726.5 is hereby amended and reenacted and R.S. 29:726.5.1 is
18 hereby enacted to read as follows:
19 §726.5. Louisiana Commission on School and Nonprofit Security
20 A. The Louisiana Commission on School and Nonprofit Security, hereinafter
21 referred to in this Section as the "commission", is hereby established within
22 GOHSEP to study and make recommendations on the security needs of schools and
23 nonprofit organizations that are at high risk of terrorist attacks in Louisiana,
24 including recommendations on the establishment, administration, and funding of a
25 grant program for eligible entities to apply for security grants covering security
26 personnel, security training, facility hardening, and other necessary security
27 measures.
28 B. The commission shall be comprised of the following members:
29 (1) The director of GOHSEP, or his designee.
30 (2) The chair of the House Select Committee on Homeland Security or his
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1 designee.
2 (3) The chair of the Senate Select Committee on Homeland Security or
3 his designee.
4 (4) The superintendent of state police or his designee.
5 (5) The executive director of the Louisiana Sheriffs' Association or his
6 designee with expertise in terrorist attacks.
7 (6) The executive director of the Louisiana Interchurch Conference or
8 his designee.
9 (7) The superintendent of the Department of Education or his designee.
10 (8) The executive director of the Louisiana Commission on Law
11 Enforcement and Administration of Criminal Justice or his designee.
12 (9) The executive director of the Louisiana School Boards Association or
13 his designee.
14 (10) The executive director of the Louisiana Association of School
15 Superintendents or his designee.
16 (11) The executive director of the Louisiana Association of Public
17 Charter Schools or his designee.
18 (12) The chair of the Nonpublic School Commission or his designee.
19 (13) A director of a homeland security and emergency preparedness
20 office in a rural area, appointed by the director of GOHSEP.
21 (14) A director of a homeland security and emergency preparedness
22 office in a large metropolitan area, appointed by the director of GOHSEP.
23 (15) The executive director of the Louisiana Association of Chiefs of
24 Police or his designee.
25 (16) The president of the Louisiana Chapter of the National Emergency
26 Number Association or his designee.
27 (17) The state fire marshal or his designee.
28 (18) The secretary of the Louisiana Department of Health or
29 his designee.
30 (19) The secretary of the Department of Children and Family Services
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1 or his designee.
2 (20) The chairman of the Senate Committee on Education or
3 his designee.
4 (21) The chairman of the House Committee on Education or his designee.
5 (22) One teacher selected by the Louisiana Association of Educators.
6 (23) One teacher selected by the Louisiana Federation of Teachers.
7 (24) One member of the Legislative Youth Advisory Council selected by
8 majority vote of the council.
9 C.(1) Members of the commission shall serve without compensation. Travel
10 expenses, per diem, and other expenses may be paid by the member's employer or
11 appointing authority.
12 (2) The commission shall fix a time and place for its meetings and shall meet
13 at least quarterly. Additional meetings may be held upon the call of the chairman. All
14 meetings of the commission shall be held in compliance with the Open Meetings
15 Law.
16 (3) A majority of the total commission members shall constitute a quorum
17 and any official action taken by the commission shall require an affirmative vote of
18 a majority of the members present and voting.
19 (4) The commission shall elect a chair by a majority vote of the members.
20 D. The commission shall issue a report to the Governor's Office of Homeland
21 Security and Emergency Preparedness, the Senate Select Committee on Homeland
22 Security, and the House Select Committee on Homeland Security of its findings and
23 recommendations with respect to the security status and needs of schools and
24 nonprofit organizations that are at high risk of terrorist attacks in Louisiana. The
25 report shall be issued annually and at such other times as deemed necessary by the
26 commission or GOHSEP.
27 E. The commission shall provide oversight of the Louisiana Center for
28 Safe Schools. The commission shall annually report to the governor on the
29 activities of the center and any identified needs of the center.
30 F. The commission shall provide recommendations to the legislature
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1 relative to legislative changes for increasing school safety.
2 G. GOHSEP shall adopt rules pursuant to the Administrative Procedure
3 Act for the implementation and administration of the activities of the
4 commission and the center with oversight by the Senate Committee on
5 Education and the House Committee on Education.
6 §726.5.1. Louisiana Center for Safe Schools; creation, duties
7 A. The Louisiana Center for Safe Schools, referred to in this Section as
8 the "center", shall be established within GOHSEP.
9 B. The center shall:
10 (1) Identify and prioritize resources available to improve the safety of
11 Louisiana's schools.
12 (2) Facilitate the collection and dissemination of information on school
13 safety, school safety vulnerabilities, school safety needs, training standards, best
14 practices, and available funding programs.
15 (3) Develop, in consultation with the State Board of Elementary and
16 Secondary Education, a statewide comprehensive school safety framework that
17 includes a statewide behavioral threat assessment model and trauma-informed
18 student support.
19 (4) Assist schools in developing and revising their school crisis and
20 management response plans required pursuant to R.S. 17:416.16.
21 (5) Coordinate with the state Department of Education to ensure schools
22 are aware of the resources of the center and that school safety rules are
23 incorporating best practices.
24 (6) Provide training and technical assistance to schools and school
25 governing authorities on school safety issues such as emergency operations
26 planning, emergency drills, behavioral threat assessment, facility security,
27 information technology, digital privacy, vulnerability assessments, and hazard
28 mitigation.
29 (7) Facilitate consistent and comprehensive information sharing between
30 schools, communities, and governmental agencies to promote safety and
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1 resiliency.
2 (8) Identify and offer training for school resource officers pursuant to
3 R.S. 17:416.19.
4 C. The center shall provide an annual report to the governor, the State
5 Board of Elementary and Secondary Education, the Senate Committee on
6 Education, and the House Committee on Education regarding the status of
7 school safety in Louisiana, the work of the center, and resources identified to
8 increase school safety.
9 D.(1) No later than December 1, 2023, the center shall provide a
10 statewide:
11 (a) Panic emergency notification system.
12 (b) Anonymous reporting system.
13 (i) The anonymous reporting system shall include a memorandum of
14 understanding that provides for the proper usage of the information reported.
15 (ii) The system shall allow for the reporting of threats of violence toward
16 any student or other person or any school or facility through a phone
17 application and an internet website.
18 (iii) Aggregate data without personally identifiable information shall be
19 provided to the center relative to anonymous reports received through the
20 system.
21 (2) No later than April 1, 2024, each city, state, or other local school
22 board shall implement the use of the panic emergency notification system and
23 the anonymous reporting system or other systems of equal or exceeding
24 capability. No later than May 1, 2024, each local school board shall report the
25 systems implemented to the State Board of Elementary and Secondary
26 Education and the center.
27 Section 3. This Act shall be known as the "School Safety Act of 2023".
28 Section 4. This Act shall become effective upon signature by the governor or, if not
29 signed by the governor, upon expiration of the time for bills to become law without signature
30 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
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1 vetoed by the governor and subsequently approved by the legislature, this Act shall become
2 effective on the day following such approval.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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