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HF 2097

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2023 05:15pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to education; providing for active shooter drill standards; proposing coding
for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.038] ACTIVE SHOOTER DRILLS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Active shooter drill" means an emergency preparedness drill designed to teach
students, teachers, school personnel, and staff how to respond in the event of an armed
intruder on campus or an armed assailant in the immediate vicinity of the school. An active
shooter drill is not an active shooter simulation, nor may an active shooter drill include any
sensorial components, activities, or elements which mimic a real life shooting.
new text end

new text begin (c) "Active shooter simulation" means an emergency exercise including full-scale or
functional exercises, designed to teach adult school personnel and staff how to respond in
the event of an armed intruder on campus or an armed assailant in the immediate vicinity
of the school which also incorporates sensorial components, activities, or elements mimicking
a real life shooting. Activities or elements mimicking a real life shooting include but are
not limited to simulation of tactical response by law enforcement. An active shooter
simulation is not an active shooter drill.
new text end

new text begin (d) "Evidence-based" means a program or practice that demonstrates any of the following:
new text end

new text begin (1) a statistically significant effect on relevant outcomes based on any of the following:
new text end

new text begin (i) strong evidence from one or more well designed and well implemented experimental
studies;
new text end

new text begin (ii) moderate evidence from one or more well designed and well implemented
quasi-experimental studies; or
new text end

new text begin (iii) promising evidence from one or more well designed and well implemented
correlational studies with statistical controls for selection bias; or
new text end

new text begin (2) a rationale based on high-quality research findings or positive evaluations that the
program or practice is likely to improve relevant outcomes, including the ongoing efforts
to examine the effects of the program or practice.
new text end

new text begin (e) "Full-scale exercise" means an operations-based exercise that is typically the most
complex and resource-intensive of the exercise types and often involves multiple agencies,
jurisdictions, organizations, and real-time movement of resources.
new text end

new text begin (f) "Functional exercises" means an operations-based exercise designed to assess and
evaluate capabilities and functions while in a realistic, real-time environment, however,
movement of resources is usually simulated.
new text end

new text begin Subd. 2. new text end

new text begin Standards. new text end

new text begin (a) An active shooter drill conducted with students in any grades
kindergarten through grade 12 must be:
new text end

new text begin (1) accessible;
new text end

new text begin (2) developmentally appropriate and age appropriate, including using appropriate safety
language and vocabulary;
new text end

new text begin (3) culturally aware;
new text end

new text begin (4) trauma-informed; and
new text end

new text begin (5) inclusive of accommodations for students with mobility restrictions, sensory needs,
developmental or physical disabilities, mental health needs, and auditory or visual limitations.
new text end

new text begin (b) Before an active shooter drill may be conducted, it must meet the requirements of
paragraph (a), clauses (1) to (5).
new text end

new text begin Subd. 3. new text end

new text begin Student mental health and wellness. new text end

new text begin Active shooter drill protocols must
include a reasonable amount of time immediately following the drill for teachers to debrief
with their students. The opportunity to debrief must be provided to students before regular
classroom activity may resume. During the debrief period, students must be allowed to
access any mental health services available on campus, including counselors, school
psychologists, or social workers. An active shooter drill must not be combined or conducted
consecutively with any other type of emergency preparedness drill. An active shooter drill
must be accompanied by an announcement prior to commencing. The announcement must
use concise and age-appropriate language and, at a minimum, inform students there is no
immediate danger to life and safety.
new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin (a) A school must provide notice of a pending active shooter drill to
every student's parent or legal guardian before an active shooter drill is conducted. Whenever
practicable, notice must be provided at least 24 hours in advance of a pending active shooter
drill and inform the parent or legal guardian of the right to opt their student out of
participating. If notice was not provided in advance, notice that an active shooter drill was
conducted must be provided to every student's parent or legal guardian within 24 hours of
the drill.
new text end

new text begin (b) If a student is opted out of participating in an active shooter drill, no negative
consequence must impact the student's general school attendance record nor may
nonparticipation alone make a student ineligible to participate in or attend school activities.
new text end

new text begin (c) The commissioner of education must ensure the availability of alternative safety
education for students who are opted out of participating or otherwise exempted from an
active shooter drill. Alternative safety education must provide essential safety instruction
through less sensorial safety training methods and must be appropriate for students with
mobility restrictions, sensory needs, developmental or physical disabilities, mental health
needs, and auditory or visual limitations.
new text end

new text begin Subd. 5. new text end

new text begin Participation in active shooter drills and active shooter simulations. new text end

new text begin (a) A
student in kindergarten through grade 12 must not be required to participate in an active
shooter drill that does not meet the standards in subdivision 2. A student must not be required
to participate in an active shooter simulation.
new text end

new text begin (b) An active shooter simulation must not take place during regular school hours if a
majority of students are present, or expected to be present, at the school. A parent or legal
guardian of a student in grades 9 through 12 must have the opportunity to opt their student
into participating in an active shooter simulation. A parent or legal guardian opting to have
their student participate in an active shooter simulation must do so in writing.
new text end

new text begin Subd. 6. new text end

new text begin Violence prevention. new text end

new text begin (a) Every school conducting an active shooter drill must
provide students in grades 6 through 12 at least one hour, or one standard class period, of
violence prevention training annually.
new text end

new text begin (b) The violence prevention training must be evidence-based and may be delivered
in-person, virtually, or digitally. Training must, at a minimum, teach students the following:
new text end

new text begin (1) how to identify observable warning signs and signals of an individual who may be
at risk of harming oneself or others;
new text end

new text begin (2) the importance of taking threats seriously and seeking help; and
new text end

new text begin (3) the steps to report dangerous, violent, threatening, harmful, or potentially harmful
activity.
new text end

new text begin (c) By December 1, 2023, the commissioner of education must develop a list of
evidence-based trainings that a school may use to fulfill the requirements of this section,
including no-cost programming, if any. The commissioner must:
new text end

new text begin (1) post the list publicly on the department's website; and
new text end

new text begin (2) update the list every two years.
new text end

new text begin (d) A district must ensure that students have the opportunity to contribute to their school's
safety and violence prevention planning, aligned with the recommendations of the Federal
Emergency Management Agency's multihazard planning for schools, including:
new text end

new text begin (1) student opportunities for leadership related to prevention and safety;
new text end

new text begin (2) encouragement and support to students in establishing clubs and programs focused
on safety; and
new text end

new text begin (3) providing students with the opportunity to seek help from adults and to learn about
prevention connected to topics including bullying, sexual harassment, sexual assault, and
suicide.
new text end

new text begin Subd. 7. new text end

new text begin Publicly available information. new text end

new text begin (a) The Department of Education must make
publicly available on its website a list of vendors that teach school personnel, including
school safety officers, how to conduct active shooter drills. This list must be updated every
two years. The commissioner must ensure the list:
new text end

new text begin (1) is limited to training that meets the standards in subdivision 2;
new text end

new text begin (2) includes qualified training available to schools at no cost, if any; and
new text end

new text begin (3) includes the name of each vendor and their website address, if available.
new text end

new text begin (b) For the purposes of this subdivision, "vendor" must include for-profit and nonprofit
entities, as well as public agencies.
new text end

new text begin (c) The commissioner of education must, in partnership with the commissioner of human
services, develop guidelines for measuring the effectiveness of active shooter drills. The
guidelines must be available to every school that conducts an active shooter drill. Every
local school board must hold at least one meeting every year to review the following:
new text end

new text begin (1) the efficacy and effects of each school's active shooter drills;
new text end

new text begin (2) the effect of active shooter drills on the safety of students and staff; and
new text end

new text begin (3) the effect of active shooter drills on the mental health and wellness of students and
staff.
new text end

new text begin (d) The commissioners of education and human services must distribute the active shooter
drill guidelines to parents, legal guardians, students, teachers, school staff, and school-based
mental health professionals for their review and comments.
new text end