H.B. 657
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 22, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40397-MT-96
Short Title: School Safety/Threat Assessment Teams. (Public)
Sponsors: Representative Torbett.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO CLARIFY THE APPLICATION OF SCHOOL SAFETY REQUIREMENTS TO
3 PUBLIC SCHOOL UNITS, TO ENCOURAGE CERTAIN NONPUBLIC SCHOOLS TO
4 TAKE MEASURES TO IMPROVE SCHOOL SAFETY, TO REQUIRE THAT THREAT
5 ASSESSMENT TEAMS BE ESTABLISHED AT EACH PUBLIC SCHOOL UNIT, AND
6 TO CODIFY THE DUTIES OF THREAT ASSESSMENT TEAMS.
7 The General Assembly of North Carolina enacts:
8
9 PART I. CLARIFY APPLICATION OF SCHOOL SAFETY REQUIREMENTS TO
10 PUBLIC SCHOOL UNITS AND ENCOURAGE CERTAIN NONPUBLIC SCHOOLS TO
11 TAKE MEASURES TO IMPROVE SCHOOL SAFETY
12 SECTION 1.(a) G.S. 115C-105.46, 115C-105.47A, and 115C-105.48 are codified
13 into Part 1 of Article 8C of Chapter 115C of the General Statutes, Local Plans for Alternative
14 Schools/Alternative Learning Programs and Maintaining Safe and Orderly Schools. Part 1 shall
15 be entitled "Local Plans for Alternative Schools/Alternative Learning Programs." The remaining
16 sections of Article 8C of Chapter 115C of the General Statutes shall be codified into Part 2, which
17 shall be entitled "Maintaining Safe and Orderly Schools."
18 SECTION 1.(b) G.S. 115C-105.49 reads as rewritten:
19 "§ 115C-105.49. School safety exercises.
20 (a) At least once annually, each local school administrative public school unit shall
21 require each school under its control to hold a full school-wide tabletop exercise and drill based
22 on the procedures documented in its School Risk Management Plan (SRMP). (SRMP) and shall
23 report the date and time the drill is conducted to the Center for Safer Schools. The drill shall
24 include a practice school lockdown due to an intruder on school grounds. Each school is
25 encouraged to hold a tabletop exercise and drill for multiple hazards included in its SRMP.
26 Schools are strongly encouraged to include local law enforcement agencies and emergency
27 management agencies in their tabletop exercises and drills. The purpose of the tabletop exercises
28 and drills shall be to permit participants to (i) discuss simulated emergency situations in a
29 low-stress environment, (ii) clarify their roles and responsibilities and the overall logistics of
30 dealing with an emergency, and (iii) identify areas in which the SRMP needs to be modified.
31 …
32 (d) The Department of Public Safety, Division of Emergency Management, and the
33 Center for Safer Schools shall provide guidance and recommendations to local school
34 administrative public school units on the types of multiple hazards to plan and respond to,
35 including intruders on school grounds."
36 SECTION 1.(c) G.S. 115C-105.49A(b) reads as rewritten:
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1 "(b) In constructing the SRRMS, the Division of Emergency Management and the Center
2 for Safer Schools, in collaboration with the Department of Public Instruction, Division of School
3 Operations, shall leverage the existing enterprise risk management database, the School Risk
4 Management Planning tool managed by the Division of Emergency Management. The Division
5 of Emergency Management shall also leverage the local school administrative public school unit
6 and participating nonpublic school schematic diagrams of school facilities. Where technically
7 feasible, the SRRMS shall integrate any anonymous tip lines established pursuant to
8 G.S. 115C-105.51 and any 911-initiated panic alarm systems authorized as part of a SRMP
9 pursuant to G.S. 115C-47(40). The Division of Emergency Management and the Center for Safer
10 Schools shall collaborate with the Department of Public Instruction, Division of School
11 Operations, the Center for Safer Schools, and the North Carolina 911 Board in the design,
12 implementation, and maintenance of the SRRMS."
13 SECTION 1.(d) G.S. 115C-105.52 reads as rewritten:
14 "§ 115C-105.52. School crisis kits.
15 (a) The Department of Public Instruction, Division of School Operations, and the Center
16 for Safer Schools, in consultation with the Department of Public Safety and the Department of
17 Public Instruction, Division of School Operations, Safety, may develop and adopt policies on the
18 placement of school crisis kits in schools and on the contents of those kits. The kits should
19 include, at a minimum, basic first-aid supplies, communications devices, and other items
20 recommended by the International Association of Chiefs of Police.
21 (b) The principal of each school, in coordination with the law enforcement agencies that
22 are part of the local board of education's public school unit's School Risk Management Plan, may
23 place one or more crisis kits at appropriate locations in the school."
24 SECTION 1.(e) G.S. 115C-105.53 reads as rewritten:
25 "§ 115C-105.53. Schematic diagrams and emergency access to school buildings for local
26 law enforcement agencies.
27 (a) Each local school administrative public school unit shall provide the following to
28 local law enforcement agencies: (i) schematic diagrams, including digital schematic diagrams,
29 and (ii) either keys to the main entrance of all school buildings or emergency access to key storage
30 devices such as KNOX® boxes for all school buildings. Local school administrative Public
31 school units shall provide updates of the schematic diagrams to local law enforcement agencies
32 when substantial modifications such as new facilities or modifications to doors and windows are
33 made to school buildings. Local school administrative Public school units shall also be
34 responsible for providing local law enforcement agencies with updated access to school buildings
35 when changes are made to the locks and other access control devices of the main entrances or to
36 key storage devices such as KNOX® boxes.
37 (b) The Department of Public Instruction, in consultation with the Department of Public
38 Safety, shall develop standards and guidelines for the preparation and content of schematic
39 diagrams and necessary updates. Local school administrative Public school units and
40 participating nonpublic schools may use these standards and guidelines to assist in the
41 preparation of their schematic diagrams.
42 …."
43 SECTION 1.(f) G.S. 115C-105.54(a) reads as rewritten:
44 "(a) Each local school administrative public school unit shall provide the following to the
45 Division of Emergency Management (Division) at the Department of Public Safety: (i) schematic
46 diagrams, including digital schematic diagrams, and (ii) emergency response information
47 requested by the Division for the School Risk Management Plan (SRMP). Local school
48 administrative Public school units shall also provide updated schematic diagrams and emergency
49 response information to the Division when such updates are made. The Division shall ensure that
50 the diagrams and emergency response information are securely stored and distributed as provided
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1 in the SRMP to first responders, emergency personnel, and school personnel and approved by
2 the Department of Public Instruction."
3 SECTION 1.(g) G.S. 115C-218.75(b), (d), (e), and (e1) are repealed.
4 SECTION 1.(h) G.S. 115C-218.75 is amended by adding a new subsection to read:
5 "(i) Each charter school shall comply with the applicable requirements of Part 2 of Article
6 8C of this Chapter."
7 SECTION 1.(i) G.S. 115C-238.66(7a), (7b), (7c), (7d), and (7e) are repealed.
8 SECTION 1.(j) G.S. 115C-238.66 is amended by adding a new subdivision to read:
9 "(17) Each regional school shall comply with the applicable requirements of Part 2
10 of Article 8C of this Chapter."
11 SECTION 1.(k) G.S. 116-239.8(b)(10), (11), (12), and (13) are repealed.
12 SECTION 1.(l) G.S. 116-239.8(b) is amended by adding a new subdivision to read:
13 "(19) Laboratory schools shall comply with the applicable requirements of Part 2 of
14 Article 8C of Chapter 115C of the General Statutes."
15 SECTION 1.(m) G.S. 115C-75.9 is amended by adding a new subsection to read:
16 "(h1) School Safety. – Innovative schools shall comply with the applicable requirements of
17 Part 2 of Article 8C of Chapter 115C of the General Statutes."
18 SECTION 1.(n) Article 9C of Chapter 115C of the General Statutes is amended by
19 adding a new section to read:
20 "§ 115C-150.16. School safety.
21 A school governed by this Article shall comply with the applicable requirements of Part 2 of
22 Article 8C of this Chapter."
23 SECTION 1.(o) G.S. 115C-551 reads as rewritten:
24 "§ 115C-551. Voluntary participation in the State programs.
25 (a) Any such private church school or school of religious charter may, on a voluntary
26 basis, participate in any State operated or sponsored program which would otherwise be available
27 to such school, including but not limited to the high school competency testing and statewide
28 testing programs.
29 (b) All private church schools and all schools of religious charter are encouraged to do
30 the following:
31 (1) School Risk Management Plan. – In coordination with local law enforcement
32 agencies, adopt a School Risk Management Plan (SRMP) relating to incidents
33 of school violence. In constructing and maintaining these plans, the school
34 may utilize the School Risk and Response Management System (SRRMS)
35 established pursuant to G.S. 115C-105.49A. These plans are not considered a
36 public record as the term "public record" is defined under G.S. 132-1 and shall
37 not be subject to inspection and examination under G.S. 132-6.
38 (2) Schematic diagrams and school crisis kits. – Provide schematic diagrams and
39 keys to the main entrance of school facilities to local law enforcement
40 agencies, in addition to implementing the provisions in G.S. 115C-105.52.
41 (3) School safety exercises. – At least once a year, hold a full school-wide
42 lockdown exercise with local law enforcement and emergency management
43 agencies that are part of the private school's SRMP.
44 (4) Safety information provided to the Department of Public Safety, Division of
45 Emergency Management. – Provide the following: (i) schematic diagrams,
46 including digital schematic diagrams, and (ii) emergency response
47 information requested by the Division for the SRMP. The schematic diagrams
48 and emergency response information are not considered public records as the
49 term "public record" is defined under G.S. 132-1 and shall not be subject to
50 inspection and examination under G.S. 132-6."
51 SECTION 1.(p) G.S. 115C-559 reads as rewritten:
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1 "§ 115C-559. Voluntary participation in the State programs.
2 (a) Any such qualified nonpublic school may, on a voluntary basis, participate in any
3 State operated or sponsored program which would otherwise be available to such school,
4 including but not limited to the high school competency testing and statewide testing programs.
5 (b) All qualified nonpublic schools are encouraged to do the following:
6 (1) School Risk Management Plan. – In coordination with local law enforcement
7 agencies, adopt a School Risk Management Plan (SRMP) relating to incidents
8 of school violence. In constructing and maintaining these plans, the school
9 may utilize the School Risk and Response Management System (SRRMS)
10 established pursuant to G.S. 115C-105.49A. These plans are not considered a
11 public record as the term "public record" is defined under G.S. 132-1 and shall
12 not be subject to inspection and examination under G.S. 132-6.
13 (2) Schematic diagrams and school crisis kits. – Provide schematic diagrams and
14 keys to the main entrance of school facilities to local law enforcement
15 agencies, in addition to implementing the provisions in G.S. 115C-105.52.
16 (3) School safety exercises. – At least once a year, hold a full school-wide
17 lockdown exercise with local law enforcement and emergency management
18 agencies that are part of the private school's SRMP.
19 (4) Safety information provided to the Department of Public Safety, Division of
20 Emergency Management. – Provide the following: (i) schematic diagrams,
21 including digital schematic diagrams, and (ii) emergency response
22 information requested by the Division for the SRMP. The schematic diagrams
23 and emergency response information are not considered public records as the
24 term "public record" is defined under G.S. 132-1 and shall not be subject to
25 inspection and examination under G.S. 132-6."
26
27 PART II. THREAT ASSESSMENT TEAMS
28 SECTION 2.(a) Article 8C of Chapter 115C of the General Statutes is amended by
29 adding a new section to read:
30 "§ 115C-105.65. Threat assessment teams.
31 (a) Definitions. – The following definitions apply in this section:
32 (1) Superintendent. – The superintendent or, if there is no superintendent, the staff
33 member with the highest decision-making authority.
34 (2) Threat assessment. – A fact-based process of identifying, assessing, and
35 managing individuals who may pose a risk of violence or other harm to self
36 or others.
37 (3) Threat assessment team. – A multidisciplinary team that includes, but is not
38 limited to, persons with expertise in counseling, instruction, school
39 administration, and law enforcement that conducts threat assessments in a
40 public school unit when threatening behavior has been communicated and
41 when a student has engaged in threatening behavior that warrants further
42 evaluation. When practicable, at least one member of a threat assessment team
43 shall be a school psychologist or, if a school psychologist is not available, a
44 psychologist or psychiatrist. Members of a threat assessment team who are not
45 employees of the public school unit may review student records as provided
46 in 34 C.F.R. § 99.31(a)(1)(i)(B) pursuant to a written agreement with the
47 public school unit of the requirements and responsibilities for use of student
48 records under the federal Family Educational Rights and Privacy Act.
49 (4) Threatening behavior. – Any communication or action that indicates that an
50 individual may pose a danger to the safety or well-being of school staff or
51 students through acts of violence or other behaviors that would cause harm to
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1 self or others. These behaviors may be expressed or communicated orally,
2 visually, in writing, electronically, or through any other means and may be
3 considered threatening regardless of whether a direct verbal threat is
4 expressed.
5 (b) The Center for Safer Schools shall develop policies for threat assessment teams for
6 public school units in consultation with the Task Force for Safer Schools, Disability Rights North
7 Carolina, the State Bureau of Investigation, and relevant State government agencies. These
8 policies shall not reference or reveal any information that has been excluded as a public record
9 under G.S. 115C-47(40), Part 2 of Article 8C of this Chapter, or any other relevant statute. These
10 policies shall include at a minimum procedures for all of the following:
11 (1) Assessment of and intervention with a student whose behavior poses a risk to
12 the safety of school staff, school students, or self.
13 (2) In