HF 2492

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; making school lock-down, tornado, and fire drills a crisis
management requirement; requiring a secondary school law enforcement teacher
to be licensed as a peace officer; integrating school safety procedures and fire
drills; establishing a task force to advise the legislature on K-12 emergency/all
hazard procedures; authorizing rulemaking by the board of school administrators;
amending Minnesota Statutes 2004, sections 121A.035; 299F.30; Laws 2005,
First Special Session chapter 5, article 2, section 81; proposing coding for new
law in Minnesota Statutes, chapter 122A.

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

Section 1.

Minnesota Statutes 2004, section 121A.035, is amended to read:

121A.035 CRISIS MANAGEMENT POLICY.

Subdivision 1.

Model policy.

deleted text begin By December 1, 1999, deleted text end The commissioner shall
maintain and make available to school boards new text begin and charter schools new text end a model crisis
management policy new text begin that includes, among other items, school lock-down and tornado drills,
consistent with subdivision 2, and school fire drills under section 299F.30 new text end .

Subd. 2.

School district new text begin and charter school new text end policy.

deleted text begin By July 1, 2000, deleted text end A school
board new text begin and a charter school new text end must adopt a deleted text begin district deleted text end crisis management policy to address
potential violent crisis situations in the district new text begin or charter school new text end . The policy must be
developed deleted text begin in consultation deleted text end new text begin cooperatively new text end with administrators, teachers, employees,
students, parents, community members, law enforcement agencies, new text begin other emergency
management officials, new text end county attorney offices, social service agencies, new text begin emergency medical
responders, new text end and any other appropriate individuals or organizations. new text begin The policy must
include at least five school lock-down drills, five school fire drills consistent with section
299F.30, and one tornado drill.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 2.

new text begin [122A.295] TEACHERS OF LAW ENFORCEMENT; LICENSURE
REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin A person who teaches in a secondary school law
enforcement program must:
new text end

new text begin (1) hold a vocational secondary teacher license;
new text end

new text begin (2) meet Peace Officer Standards and Training Board (P.O.S.T.) standards; and
new text end

new text begin (3) be licensed by the P.O.S.T. board as a peace officer or hold a current inactive
license.
new text end

new text begin Subd. 2. new text end

new text begin Authorization. new text end

new text begin Notwithstanding subdivision 1 and any law to the contrary,
the Board of Teaching may authorize a school district to hire a person who only meets
the requirements of subdivision 1, clauses (2) and (3), if the person is enrolled in and
attending a secondary vocational teacher preparation program. The person must complete
the teacher preparation program within three years of the person's hire date by a district.
new text end

new text begin Subd. 3. new text end

new text begin Exclusions. new text end

new text begin Teachers of law enforcement in community education
programs and adult and continuing education programs are excluded from the
requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 3.

Minnesota Statutes 2004, section 299F.30, is amended to read:

299F.30 FIRE DRILL IN SCHOOL; DOORS AND EXITS.

Subdivision 1.

Duties of fire marshal.

new text begin Consistent with section 121A.035 and this
section, new text end it shall be the duty of the state fire marshal, deputies and assistants, to require
public and private schools and educational institutions to have deleted text begin at least nine deleted text end fire drills each
school year and to keep all doors and exits unlocked from the inside of the building during
school hours. new text begin The fire marshal must require private schools and educational institutions
not subject to section 121A.035 to have at least one fire drill each month during the school
year.
new text end

Subd. 2.

Fire drill.

Each superintendent, principal or other person in charge of a
public or private school, educational institution, children's home or orphanage housing 20
or more students or other persons, shall instruct and train such students or other persons to
quickly and expeditiously quit the premises in case of fire or other emergency by means of
drills or rapid dismissals deleted text begin at least once each month deleted text end while such school, institution, home or
orphanage is in operation. Records of such drills shall be posted so that such records are
available for review by the state fire marshal at all times and shall include the drill date
and the time required to evacuate the building.

Subd. 3.

School doors and exits.

new text begin Consistent with section 121A.035 and this
section, new text end each superintendent, principal or other person in charge of a public or private
school, educational institution, children's home or orphanage shall keep all doors and exits
of such school, institution, home or orphanage unlocked so that persons can leave by such
doors or exits at any time during the hours of normal operation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2006-2007 school year and
later.
new text end

Sec. 4.

Laws 2005, First Special Session chapter 5, article 2, section 81, is amended to
read:

Sec. 81. BOARD OF SCHOOL ADMINISTRATORS; RULEMAKING
AUTHORITY.

On or before June 30, 2007, the Board of School Administrators may adopt
expedited rules under Minnesota Statutes, section 14.389, new text begin to reflect the changes in duties,
responsibilities, and roles of school administrators under this act, and new text end to make technical
revisions and clarifications to Minnesota Rules, chapter 3512.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin ADVISORY TASK FORCE ON SCHOOL AND STAFF
EMERGENCY/ALL HAZARD PREPAREDNESS.
new text end

new text begin (a) An advisory task force on school and staff emergency/all hazard preparedness is
established to consider and recommend to the legislature proposals for strengthening K-12
crisis management and school safety efforts including, at least, whether or not to:
new text end

new text begin (1) develop specific K-12 teacher and school administrator competencies related to
emergency/all hazard preparedness;
new text end

new text begin (2) provide emergency/all hazard preparedness training to currently licensed K-12
teachers and school administrators;
new text end

new text begin (3) incorporate emergency/all hazard preparedness competencies into existing
teacher and school administrator preparation curriculum;
new text end

new text begin (4) identify key emergency/all hazard preparedness competencies appropriate to
teacher and school administrator preparation curriculum and ongoing teacher and school
administrator training; and
new text end

new text begin (5) expect federal funds to supplement state emergency/all hazard preparedness
initiatives.
new text end

new text begin (b) The commissioner of education shall appoint an advisory task force on school
and staff emergency/all hazard preparedness that is composed of a representative from
each of the following entities: the state Board of Teaching; the state Board of School
Administrators; the state fire marshal; law enforcement agencies; emergency responders;
school principals; school counselors; the Minnesota School Boards Association; Education
Minnesota; the Minnesota Department of Education; the Minnesota Department of
Heath; the Minnesota Department of Public Safety; and others recommended by task
force members. Task force members' terms and other task force matters are subject to
Minnesota Statutes, section 15.059. The task force must submit by February 15, 2007, to
the education policy and finance committees of the legislature a written report that includes
recommendations on strengthening K-12 crisis management and school safety efforts.
new text end

new text begin (c) Upon request, the commissioner of education must provide the task force on
strengthening K-12 crisis management and school safety efforts with technical, fiscal,
and other support services.
new text end

new text begin (d) The task force expires February 16, 2007.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end