1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 04:16pm
Engrossments | ||
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Introduction | Posted on 02/20/2023 | |
1st Engrossment | Posted on 03/16/2023 |
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:
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(a) For the purposes of this section, the following terms have
the meanings given.
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(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.
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(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.
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(d) "Evidence-based" means a program or practice that demonstrates any of the following:
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(1) a statistically significant effect on relevant outcomes based on any of the following:
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(i) strong evidence from one or more well designed and well implemented experimental
studies;
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(ii) moderate evidence from one or more well designed and well implemented
quasi-experimental studies; or
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(iii) promising evidence from one or more well designed and well implemented
correlational studies with statistical controls for selection bias; or
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(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.
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(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.
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(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.
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An active shooter drill conducted with students in early childhood
through grade 12 must be:
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(1) accessible;
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(2) developmentally appropriate and age appropriate, including using appropriate safety
language and vocabulary;
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(3) culturally aware;
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(4) trauma-informed; and
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(5) inclusive of accommodations for students with mobility restrictions, sensory needs,
developmental or physical disabilities, mental health needs, and auditory or visual limitations.
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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.
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(a) A school district or charter 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.
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(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.
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(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.
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(a)
Any student in early childhood through grade 12 must not be required to participate in an
active shooter drill that does not meet the criteria in subdivision 2. A student must not be
required to participate in an active shooter simulation.
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(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.
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(a) A school district or charter 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.
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(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:
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(1) how to identify observable warning signs and signals of an individual who may be
at risk of harming oneself or others;
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(2) the importance of taking threats seriously and seeking help; and
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(3) the steps to report dangerous, violent, threatening, harmful, or potentially harmful
activity.
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(c) By December 1, 2023, the commissioner of education must develop a list of
evidence-based trainings that a school district or charter school may use to fulfill the
requirements of this section, including no-cost programming, if any. The commissioner
must:
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(1) post the list publicly on the department's website; and
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(2) update the list every two years.
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(d) A school district or charter school 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:
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(1) student opportunities for leadership related to prevention and safety;
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(2) encouragement and support to students in establishing clubs and programs focused
on safety; and
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(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.
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School boards must hold at least one meeting every year to
review the following:
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(1) the efficacy and effects of each school's active shooter drills;
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(2) the effect of active shooter drills on the safety of students and staff; and
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(3) the effect of active shooter drills on the mental health and wellness of students and
staff.
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