April 18, 2018, Introduced by Rep. Wentworth and referred to the Committee on Appropriations.
A bill to create the comprehensive school safety plan act; to
create the school safety commission and provide for its powers and
duties; to create the comprehensive school safety plan fund and
provide for the use of the fund; and to provide for the powers and
duties of certain state and local governmental officers and
entities.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"comprehensive school safety plan act".
Sec. 3. As used in this act:
(a) "Commission" means the school safety commission created in
section 5.
(b) "Department" means the department of state police.
(c) "Fund" means the comprehensive school safety plan fund
created in section 7.
(d) "School" means a public school, nonpublic school, or
public school academy as those terms are defined in section 5 of
the revised school code, 1976 PA 451, MCL 380.5.
(e) "School building" means 1 or more of the following at a
school:
(i) A structure suitable for use as a classroom, including a
school laboratory, library, eating facility, or food preparation
facility.
(ii) A gymnasium or other facility that is specially designed
for athletic or recreational activities or for an academic course
in physical education.
(iii) A facility used for the instruction or housing of
students for the purpose of administration of educational or
research programs.
(iv) A maintenance, storage, or utility facility, including a
hallway essential to the operation of a facility or structure
identified in subparagraph (i), (ii), or (iii).
(v) A portico or covered exterior hallway or walkway.
(vi) An exterior portion of a mechanical system.
(f) "School safety liaison" means the individual designated by
a school under section 1241 of the revised school code, 1976 PA
451, MCL 380.1241, to work with the commission.
Sec. 5. (1) On January 15, 2019, or upon the abolishment of
the school safety task force created under Executive Order No.
2018-5, whichever occurs first, the school safety commission is
created within the department.
(2) The commission shall consist of the following members:
(a) The director of the department or his or her designee.
(b) The superintendent of public instruction or his or her
designee.
(c) The director of the department of health and human
services or his or her designee.
(d) Subject to subsection (3), the school safety task force
members appointed by the governor under Executive Order No. 2018-5.
(3) After the expiration of the initial term of or for any
vacancy arising from the members of the commission described under
subsection (2)(d), the governor shall appoint members to a full
term or the unexpired term as follows:
(a) One individual representing local law enforcement.
(b) One individual representing teachers.
(c) One individual representing school administrators.
(d) One individual who has expertise in behavioral and mental
health.
(e) One individual recommended by the speaker of the house of
representatives.
(f) One individual recommended by the senate majority leader.
(g) One individual recommended by the minority leader of the
house of representatives.
(h) One individual recommended by the senate minority leader.
(4) Members of the commission shall serve for terms of 4 years
or until a successor is appointed, whichever is later, except that
of the members first appointed under subsection (3), the 2 members
appointed under subsection (3)(a) and (b) shall serve for 1 year,
the 2 members appointed under subsection (3)(c) and (d) shall serve
for 4 years, and the 4 members appointed under subsection (3)(e) to
(h) shall serve for 2 years.
(5) If a vacancy occurs on the commission, the governor shall
make an appointment for the unexpired term in the same manner as
the original appointment under subsection (3).
(6) The governor may remove a member of the commission for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The first meeting of the commission shall be called by the
member described under subsection (2)(a). At the first meeting, the
commission shall elect from among its members a chairperson and
other officers as it considers necessary or appropriate. After the
first meeting, the commission shall meet at least quarterly, or
more frequently at the call of the chairperson or if requested by 6
or more members.
(8) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members present and serving are
required for official action of the commission.
(9) The business that the commission may perform shall be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) All information obtained by the commission is
confidential and is not subject to the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246.
(11) Members of the commission shall serve without
compensation. However, members of the commission may be reimbursed
for their actual and necessary expenses incurred in the performance
of their official duties as members of the commission.
(12) The commission shall do all of the following:
(a) Review and make recommendations to the department in
implementing this act, including, not more than 90 days after the
creation of the commission, rules determining the optimal,
adequate, and inadequate school safety measures and metrics that
will be used to evaluate the safety of schools. The school safety
measures and metrics must address at least the following:
(i) School building layouts.
(ii) School building proximity to law enforcement agencies.
(iii) Emergency planning strategies.
(iv) Employment of school resource officers or other
individuals authorized by law to provide safety in school
buildings.
(v) Surveillance technology.
(vi) Threat reporting systems.
(vii) Remote door locks.
(viii) Weapon identification devices including metal
detectors.
(ix) Reinforced entryways.
(b) From 6 months after the creation of the commission until
18 months after the creation of the commission, assist school
safety liaisons in identifying and evaluating the safety of
schools.
(c) Implement a plan to ensure each school building is
inspected within 30 months of the creation of the commission.
(d) Employ school safety inspectors that make recommendations
to the commission after each inspection and evaluation, and
reinspection and evaluation, of a school building's safety grade as
described in subsection (13).
(e) Issue each school building inspected under this act a
safety grade as provided in subsection (13).
(f) Award grants to schools to fund improvements and
corrective actions under section 7.
(13) The commission shall issue a safety grade to the
governing body of a school for each school building inspected as
follows:
(a) If a school building meets the requirements under
subsection (15), an optimal safety grade.
(b) If the commission recommends additional safety measures
for a school building to ensure student safety, an adequate safety
grade.
(c) If the commission identifies additional safety measures
for a school building are urgently needed to ensure student safety,
an inadequate safety grade.
(14) A school building must be reinspected as follows:
(a) If the school building was issued an optimal safety grade
under subsection (13), not sooner than 7 years after the inspection
after which the optimal safety grade was issued.
(b) If the school building was issued an adequate safety grade
under subsection (13), not sooner than 5 years after the inspection
after which the adequate safety grade was issued.
(c) If the school building was issued an inadequate safety
grade under subsection (13), not more than 2 years after the
inspection after which the inadequate safety grade was issued.
(15) The commission shall develop branding items such as
badges and seals that may be used to identify school buildings that
earn an optimal safety grade. A school that earns an optimal safety
grade for a school building may utilize a branding item on the
school's website, school building, and communications to the local
communities. The commission shall only issue an optimal safety
grade for a school building if the commission determines that the
school meets the criteria for an adequate safety grade under
subsection (13) and has implemented all of the following safety
measures for that school building:
(a) Best practices from the most recent school safety plan
published by the department, taking into account reasonable local
factors.
(b) A team approach to school safety, including the creation
of a behavioral and mental health assessment team for the
prevention of school violence that that does at least all of the
following:
(i) Partners with local community organizations, including
service providers and law enforcement agencies.
(ii) Utilizes age-appropriate interventions to provide support
to students who display behavioral risk factors and that emphasize
the holistic well-being of the student.
(iii) Does not inappropriately label a student receiving
supports.
(iv) Utilizes the criminal justice system as a method of last
resort.
(c) A plan for the support of survivors, including students
and staff, following a violent incident. A plan under this
subdivision must provide for counseling services for survivors
immediately after, and in the months following, a violent incident.
Sec. 7. (1) The comprehensive school safety plan fund is
created within the department of treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year must
remain in the fund and not lapse to the general fund.
(4) The department is the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only for the following purposes:
(a) To provide and administer grants to schools.
(b) To carry out its duties under this act.
(6) An application for a grant under this section must be on a
form or format prescribed by the commission. The commission may
require the applicant to provide information reasonably necessary
to allow the commission to make a determination required under this
section.
(7) Grants awarded under this section must be awarded for a
period of 1 year. In making its determination to award grants under
this section, the commission shall prioritize awarding grants to
schools with a school building that has received an inadequate
safety grade and may award grants to schools with a school building
that has received an adequate safety grade under section 5.
(8) A school awarded a grant under this section shall only use
the grant funds to implement the additional safety measures
identified or recommended under section 5(13), which may include:
(a) Purchasing and installing security equipment.
(b) School building upgrades.
Sec. 9. The department shall promulgate rules to implement
this act pursuant to the administrative procedures act of 1969,
1969 PA 306, MCL 24.201 to 24.328.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No.____ or House Bill No. 5829 (request no. 05839'18 a)
of the 99th Legislature is enacted into law.