HOUSE BILL NO. 37

INTRODUCED BY QUILICI J

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING SCHOOLS ACCREDITED BY THE BOARD OF PUBLIC EDUCATION TO ADOPT BY OCTOBER 1, 1999, A SCHOOL EMERGENCY MANAGEMENT PLAN; OUTLINING PLAN REQUIREMENTS; REQUIRING COORDINATION WITH CITY, COUNTY, AND STATE EMERGENCY SERVICES AGENCIES IN DEVELOPING PREARRANGED AGREEMENTS; REQUIRING ANNUAL REVIEW OF THE ADOPTED PLAN; REPEALING SECTIONS 20-1-401, 20-1-402, 20-1-404, 20-1-405, AND 20-1-407, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

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

NEW SECTION. Section 1. Short title. [Sections 1 through 3] may be cited as the "School Emergency Management Plan".

NEW SECTION. Section 2. Definitions. As used in [sections 1 through 3], the following definitions apply:

(1) "Disaster" has the meaning provided in 10-3-103.

(2) "Early dismissal" means returning students to their homes or other appropriate locations before the end of the school day.

(3) "Emergency" has the meaning provided in 10-3-103.

(4) "Emergency services organization" means a public or private agency, organization, or group that provides police, fire, medical, ambulance, rescue, housing, or other services for the relief of human suffering or injury or for loss of life or property occurring as a result of an emergency or disaster.

(5) "Evacuation" means a determination by the superintendent or principal to move students for their protection from a school building to a predetermined location in response to an emergency or disaster.

(6) "School" means a public school, as defined in 20-6-501, or nonpublic or home school accredited by the board of public education.

(7) "School cancellation" means a determination by the superintendent that a school should not be in session for 1 or more school days because of an emergency or disaster.

(8) "School emergency management plan" or "plan" means a procedure that is designed to prevent or minimize the effects of an emergency or disaster and that coordinates the use of resources.

(9) "Sheltering" means a determination by the superintendent or principal to keep students in school buildings and to provide them with shelter after a determination by the superintendent or principal that it would be safer for students to remain inside rather than to return home or to be evacuated.

(10) "Superintendent" means, as appropriate:

(a) a superintendent of schools;

(b) a county superintendent of schools; or

(c) a district superintendent of schools.

NEW SECTION. Section 3. School emergency management plan -- adoption and annual review -- coordination required. (1) To ensure the safety and health of children and staff and the integration and coordination with city, county, and state emergency and disaster plans, the board of trustees of each school district shall:

(a) by October 1, 1999, adopt and promulgate a policy statement requiring development and exercising of school emergency management plans by every school in the district; and

(b) by October 1 of each succeeding school year, review and, if necessary, revise the policy statement.

(2) The superintendent:

(a) shall ensure that a current copy of the school emergency management plan is available in each school district for public review;

(b) shall provide district staff with a current copy of the plan;

(c) shall, in coordination with county emergency services officials and in lieu of one of the required fire exit drills, conduct one test during each school year of an emergency response to a local hazard that is identified in the plan;

(d) shall coordinate with city, county, and state emergency services agencies in developing prearranged agreements for the use of school resources, facilities, or vehicles during an emergency or disaster;

(e) must be available or shall designate a person to be available as a communication liaison for all schools within the district during a local or state emergency or disaster; and

(f) shall, except as provided in subsection (3), conduct monthly fire exit drills during the school year.

(3) When the superintendent determines that the weather is too severe, the required monthly fire exit drill may be deferred so long as the total number of required fire exit drills is achieved and at least four fire exit drills have been conducted prior to deferral. A fire alarm system may not be used except when necessary for the evacuation of a building.

(4) (a) The principal shall develop an individual school plan based on and incorporating the policy and guidance provided by the board of trustees and the superintendent.

(b) Each plan must include but is not limited to:

(i) information about each school located within the school district, including school population, number of staff, transportation needs, and the business and home telephone numbers of officials of the school;

(ii) the identification of local hazards that exist within the boundaries of the school district;

(iii) drills designed specifically to provide emergency response to the identified local hazards, including drills to sound on the disaster evacuation system and a separate recall signaling system;

(iv) a description of the arrangements for obtaining assistance during an emergency or disaster from emergency services organizations;

(v) the identification of school district resources that may be available for use during an emergency or disaster;

(vi) a description of procedures to coordinate the use of school district resources and staff during an emergency or disaster, including the identification of officials who are authorized to make decisions and the staff members who are assigned to provide assistance during an emergency or disaster;

(vii) a system for informing each school within a school district of an emergency or disaster;

(viii) a description of procedures necessary to implement school cancellation, early dismissal, evacuation, or sheltering;

(ix) a description of the procedures for notifying the local fire department or 9-1-1 service, as appropriate, whenever it is determined that an actual fire exists; and

(x) a description of procedures for obtaining advice or assistance from local government officials, including those city or county officials responsible for conducting inspections of facility exits or implementation of emergency and disaster services provided in Title 10.

NEW SECTION. Section 4. Repealer. Sections 20-1-401, 20-1-402, 20-1-404, 20-1-405, and 20-1-407, MCA, are repealed.

NEW SECTION. Section 5. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 20, chapter 1, part 4, and the provisions of Title 20, chapter 1, part 4, apply to [sections 1 through 3].

NEW SECTION. Section 6. Effective date. [This act] is effective on passage and approval.

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