Category
Emergency Operations Plans
Category
Emergency Operations Plans
State law requires districts to develop school emergency operations plans (EOPs) that include procedures for plan review and update.
MEMORANDUM: Emergency Operations Plans, PA 436 of 2018
Memo requires districts to establish formal plans for responding to crises or emergency events.
Michigan Compiled Laws 28.683. Duties of office.
(1) The office of school safety shall do all of the following: (a) In conjunction with the department of education, create model practices for school safety, including, but not limited to, engaging with local law enforcement agencies to assess school buildings for which emergency operation plans are being developed. (b) Develop and offer training to school staff on school safety. The office of school safety may contract with another party to develop and offer the training required under this subdivision. (c) In conjunction with the department of education, seek and apply for federal funds relating to school safety and reducing violence and disruption in schools, including, but not limited to, federal funding for alternative schools or programs described in section 1280a of the revised school code, 1976 PA 451, MCL 380.1280a. (d) Create and administer a grant program to disburse competitive school safety grants as appropriated by the legislature to public schools, nonpublic schools, school districts, and intermediate school districts to improve the safety and security of school buildings, students, and staff. (2) Subject to appropriation, the department of state police shall provide the office of school safety with the staff and resources necessary for the office to comply with this act.
Michigan Compiled Laws 28.805. School safety commission; creation; membership; vacancies; terms; removal; meetings; quorum; compensation and expenses; recommendations.
(1) On April 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 must 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 must 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) Not more than 90 days after the creation of the commission and every 2 years thereafter, the commission shall review and make recommendations to the office of school safety created by law in implementing this act, including model practices for determining school safety measures. The school safety measures must address at least the following: (a) The development and evaluation of school safety model practices. (b) A review of the statewide school safety information policy and the emergency operations plans. (c) The role of school safety liaisons. (d) The emerging trends in school safety technology. (e) The baseline safety requirements for schools. (f) The baseline hardening measures for new and existing schools.
Michigan Compiled Laws 380.1241. Liaison to work with the school safety commission.
(1) The board of a school district or intermediate school district, the board of directors of a public school academy, or the governing body of a nonpublic school shall designate a liaison to work with the school safety commission created under section 5 of the comprehensive school safety plan act and the office of school safety created by law. A liaison designated under this section shall be an individual who is employed by the school district, intermediate school district, public school academy, or nonpublic school or who is assigned to regularly and continuously work under contract in a school operated by the school district, intermediate school district, public school academy, or nonpublic school. (2) A liaison designated under this section shall work with the school safety commission and the office of school safety to identify model practices for determining school safety measures.
Michigan Compiled Laws 380.1308 Statewide school safety information policy
(1) Not later than October 6, 1999, the superintendent of public instruction, attorney general, and director of the department of state police shall adopt, publish, and distribute to school boards, county prosecutors, and local law enforcement agencies the statewide school safety information policy described in subsection (2). Not later than January 6, 2000, each school board, county prosecutor, and local law enforcement agency shall do both of the following:
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(a) Meet and confer as appropriate on the implementation of the statewide school safety information policy for each school district and on any related issues that are unique to the affected locality. The appropriate local law enforcement agency or agencies to be involved shall be determined locally, consistent with the statewide school safety information policy.
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(b) Begin compliance with the statewide school safety information policy.
(2) The statewide school safety information policy required under subsection (1) shall identify the types of incidents occurring at school that must be reported to law enforcement agencies and shall establish procedures to be followed when such an incident occurs at school. The statewide school safety information policy also may address procedures for reporting incidents involving possession of a dangerous weapon as required under section 1313. The statewide school safety information policy shall address at least all of the following:
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(a) Law enforcement protocols and priorities for the reporting process. The law enforcement protocols must be developed with the cooperation of the appropriate state or local law enforcement agency. The law enforcement priorities shall include at least investigation of reported incidents, identification of those involved in a reported incident, assistance in prevention of these types of incidents, and, when appropriate, assistance from a child protection agency.
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(b) Definition of the types of incidents requiring reporting to law enforcement and response by law enforcement, taking into account the intent of the actor and the circumstances surrounding the incident.
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(c) Protocols for responding to reportable incidents, addressing at least all of the following:
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(i) Initial notification and reporting by school officials.
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(ii) The information to be provided by school officials.
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(iii) Initial response by law enforcement agencies, which shall be specifically tailored for incidents in progress, incidents not in progress, and incidents involving delayed reporting. School officials shall be consulted to determine the extent of law enforcement involvement required by the situation.
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(iv) Custody of actors.
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(d) The amount and nature of assistance to be provided by school officials, and the scope of their involvement in law enforcement procedures. This provision shall require school officials to notify the parent or legal guardian of a minor pupil who is a victim or witness when law enforcement authorities interview the pupil.
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(e) Any other matters that will facilitate reporting of incidents affecting school safety and the exchange of other information affecting school safety.
(3) A school board or its designee shall report to the appropriate state or local law enforcement agencies and prosecutors all information that is required to be reported to those officials under the statewide school safety information policy.
(4) If school officials of a school district determine that an incident has occurred at school that is required to be reported to law enforcement agencies according to the statewide school safety information policy under this section or under subsection (3), the superintendent of the school district, or his or her designee, immediately shall report that finding to the appropriate state or local law enforcement agency in the manner prescribed in the statewide school safety information policy.
(5) If provided in the statewide school safety information policy under this section, a local law enforcement agency that has jurisdiction over a school building of a school district shall report to the school officials of the school building incidents reported to the law enforcement agency that allege the commission of a crime and that, according to the incident report, either occurred on school property or within 1,000 feet of the school property or involved a pupil or staff member of the school as a victim or alleged perpetrator. Upon request by a law enforcement agency, school officials shall provide the law enforcement agency with any information the law enforcement agency determines it needs to provide this report to school officials.
(6) If provided in the statewide school safety information policy under this section, the prosecuting attorney of a county shall notify a school district located in whole or in part in that county of any criminal or juvenile court action initiated or taken against a pupil of the school district, including, but not limited to, convictions, adjudications, and dispositions. This notification shall be made to either the school district superintendent or to the intermediate superintendent of the intermediate school district in which the county is located, as provided in the policy or by local agreement. If the notification is made to the intermediate superintendent, the intermediate superintendent shall forward the information to the superintendent of the school district in which the pupil is enrolled. Upon receipt of information under this subsection, a school district superintendent shall share the information with appropriate school building personnel. The prosecuting attorney may inquire of each school age individual involved in a court action described in this subsection whether the individual is a pupil in a school district and, if so, in which school district.
(7) If provided for in the statewide school safety information policy under this section, the appropriate court shall inform an appropriate school administrator of the name of the individual assigned to monitor a convicted or adjudicated youth attending a public school and of how that individual may be contacted.
(8) A school board, county prosecutor, and local law enforcement agency may enter into a local agreement or take other measures to facilitate the sharing of school safety information or to promote school safety if the agreement or other measures are consistent with the statewide school safety information policy.
(9) A school board shall cooperate with local law enforcement agencies to ensure that detailed and accurate building plans, blueprints, and site plans, as appropriate, for each school building operated by the school board are provided to the appropriate local law enforcement agency.
(10) Reporting of information by a school district or school personnel under this section is subject to 20 USC 1232g, commonly referred to as the family educational rights and privacy act of 1974.
(11) If a pupil is involved in an incident reported to law enforcement according to the statewide school safety information policy under this section, then upon request by school officials, the pupil's parent or legal guardian shall execute any waivers or consents necessary to allow school officials access to school, court, or other pertinent records of the pupil concerning the incident and action taken as a result of the incident.
(12) As used in this section:
- (a) "At school" means in a classroom, elsewhere on school premises, on a school bus or other school-related vehicle, or at a school-sponsored activity or event whether or not it is held on school premises.
- (b) "School board" and "school district" mean those terms as defined in section 1311.
Michigan Compiled Laws 380.1308b. Emergency operations plan; requirements.
(1) Beginning in the 2019-2020 school year, and at least biennially thereafter, a school district, intermediate school district, or public school academy shall, in conjunction with at least 1 law enforcement agency that has jurisdiction over the school district, intermediate school district, or public school academy, conduct a review of the emergency operations plan developed or adopted under subsection (2), including a review of the vulnerability assessment under subsection (3), or conduct a review of the statewide school safety information policy described under subsection (4), as applicable. (2) Subject to subsection (3), not later than January 1, 2020, a school district, intermediate school district, or public school academy shall develop an emergency operations plan for each school building operated by the school district, intermediate school district, or public school academy with input from the public. The board of the school district or intermediate school district or the board of directors of the public school academy shall adopt the emergency operations plan by a majority vote of the members serving on the board or board of directors at a public meeting of the board or board of directors held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. (3) The emergency operations plan developed and adopted under subsection (2) must include guidelines and procedures that address at least all of the following: (a) School violence and attacks. (b) Threats of school violence and attacks. (c) Bomb threats. (d) Fire. (e) Weather-related emergencies. (f) Intruders. (g) Parent and pupil reunification. (h) Threats to a school-sponsored activity or event whether or not it is held on school premises. (i) A plan to train teachers on mental health and pupil and teacher safety. (j) A plan to improve school building security. (k) An active violence protocol. (l) Continuity of operations after an incident. (m) A vulnerability assessment. (4) A school district, intermediate school district, or public school academy that adopts and implements a statewide school safety information policy under section 1308 that meets the requirements under subsection (3) is in compliance with subsection (2). (5) A school district, intermediate school district, or public school academy shall provide notice to the department of a completed emergency operations plan review under subsection (1) not later than 30 days after the completion of the review, in a form and manner prescribed by the department. A school district, intermediate school district, or public school academy shall also provide notice to the department of the adoption of an emergency operations plan under subsection (2) not later than 30 days after the adoption of the emergency operations plan, in a form and manner prescribed by the department. (6) At least annually, the department shall provide to the office of school safety within the department of state police a list of each school district, intermediate school district, or public school academy that has not developed and adopted an emergency operations plan under subsection (2). (7) The office of school safety within the department of state police shall coordinate with a law enforcement agency that has jurisdiction over a school district, intermediate school district, or public school academy that has not developed and adopted an emergency operations plan under subsection (2) to notify the governing body of the school district, intermediate school district, or public school academy that the school district, intermediate school district, or public school academy has not developed and adopted an emergency operations plan. (8) An emergency operations plan developed and adopted under subsection (2), any information provided to the department under subsection (5), and any information provided to the department of state police under subsection (6) is confidential and is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (9) As used in this section, “school building” means any of the following: (a) A building intended to be used to provide instruction for pupils, including an addition to an existing building. (b) A recreational or athletic structure or field intended to be used by pupils.