§ 155.17

[(a) …]

(a) Development of school safety plans. Every board of education of a school district, every board of cooperative educational services and county vocational education and extension board and the chancellor of the City School District of the City of New York shall adopt by July 1, 2001, and shall update by [July 1st of each succeeding year] July 1 for the 2002-2003 through the 2015-2016 school years and by September 1 for the 2016-2017 school year and each subsequent September 1 thereafter, a comprehensive district-wide school safety plan and building-level [school safety] emergency response plans regarding crisis intervention and emergency response and management, provided that in the City School District of the City of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level [school safety] emergency response team, as such terms are defined in subdivision [(c)] (b) of this section, and shall be in a form developed by the commissioner in consultation with the Division of Criminal Justice Services, the superintendent of the State Police and any other appropriate State agencies. [A school district having only one school building shall develop a single building-level school safety plan, which shall also fulfill all requirements for development of a district-wide plan to insure the safety and health of children and staff and to insure integration and coordination with similar emergency planning at the municipal, county and State levels.] Each district-wide school safety plan and building-level emergency response plan shall be reviewed by the appropriate school safety team on at least an annual basis, and updated as needed.

[(c)] (b) Definitions. As used in this section:

(1)…

(2)…

(3)...

(4) Emergency means a situation, including but not limited to a disaster[,] that requires immediate action, occurs unpredictably, and poses a threat of injury or loss of life to students or school personnel or of severe damage to school property.

(5)…

(6)…

(7)…

(8)…

(9)…

(10) Lock-down means to immediately clear the hallways, lock and/or barricade doors, hide from view, and remain silent while readying a plan of evacuation as a last resort. Lock-down will only end upon physical release from the room or secured area by law enforcement.

[(10)] (11) Building-level [school safety] emergency response plan means a building-specific school emergency response plan that addresses crisis intervention, emergency response and management at the building level and has the contents prescribed in paragraph [(e)](c)(2) of this section.

[(11)] (12) Building-level [school safety] emergency response team means a building-specific team appointed by the building principal, in accordance with regulations or guidelines prescribed by the board of education, the chancellor in the case of New York City, or other governing body. The building-level emergency response team is responsible for the designation of the emergency response team and the development of the building-level emergency response plan and its required components. The building-level emergency response team shall include, but not be limited to, representatives of teacher, administrator, and parent organizations, school safety personnel, other school personnel, community members, local law enforcement officials, local ambulance, fire officials or other emergency response agencies, and any other representatives the school board, chancellor or other governing body deems appropriate.

[(12)] (13) District-wide school safety plan means a comprehensive, multi-hazard school safety plan that covers all school buildings of the school district, BOCES or county vocational education and extension board, that addresses crisis intervention, emergency response and management at the district level and has the contents prescribed in paragraph [(e)](c)(1) of this section.

[(13)] (14) District-wide school safety team means a district-wide team appointed by the board of education, the chancellor in the case of New York City, or other governing board. The district-wide team shall include, but not be limited to, representatives of the school board, [student,] teacher, administrator, and parent organizations, school safety personnel and other school personnel. At the discretion of the board of education, or the chancellor in the case of the City of New York, a student may be allowed to participate on the safety team, provided however, that no portion of a confidential building-level emergency response plan shall be shared with such student nor shall such student be present where details of a confidential building-level emergency response plan or confidential portions of a district-wide emergency response strategy are discussed.

[(14)] (15) Emergency response team means a building-specific team designated by the building-level [school safety] emergency response team that [includes appropriate] is comprised of school personnel, [local] law enforcement officials, fire officials, and representatives from local, regional and/or State emergency response agencies and assists the school community in responding to a [serious] violent incident or emergency. In a school district in a city having a population of more than one million inhabitants, such emergency response team may be created on the district-level with building-level participation, and such district shall not be required to establish a unique team for each of its schools.

[(15)] (16) Post-incident response team means a building-specific team designated by the building-level [school safety] emergency response team that includes appropriate school personnel, medical personnel, mental health counselors and others who can assist the school community in coping with the aftermath of a [serious] violent incident or emergency. In a school district in a city having a population of more than one million inhabitants, such post-incident response team may be created on the district-level with building-level participation, and such district shall not be required to establish a unique team for each of its schools.

[16] (17). . .

[17](18). . .

[(d) . . .]

[(e)] (c) District-wide [School] school safety plans and building-level emergency response plans. District-wide school safety plans and building-level [school safety] emergency response plans shall be designed to prevent or minimize the effects of [serious] violent incidents and emergencies and to facilitate the coordination of schools and school districts with local and county resources in the event of such incidents or emergencies.

(1) District-wide school safety plans. A district-wide school safety plan shall be developed by the district-wide school safety team and shall include, but not be limited to:

[(i). . .

(ii). . .

(iii)] (i) policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel and visitors to the school, including threats by students against themselves, which for the purposes of this subdivision shall include suicide;

[(iv)] (ii)…

[(v)] (iii)…

[(vi)] (iv)…

[(vii)] (v) …

[(viii)] (vi)…

[(ix)] (vii)…

[(x)] (viii)…

[(xi)] (ix)…

(x) policies and procedures for contacting parents, guardians or persons in parental relation to an individual student of the district in the event of an implied or direct threat of violence by such student against themselves, which for the purposes of this subdivision shall include suicide;

[(xii)] (xi)…

[(xiii)] (xii)…

[(xiv)] (xiii) policies and procedures for annual multi-hazard school safety training for staff and students, provided that the district must certify to the commissioner that all staff have undergone annual training by September 15, 2016 and each subsequent September 15 thereafter on the building-level emergency response plan which must include components on violence prevention and mental health, provided further that new employees hired after the start of the school year shall receive such training within 30 days of hire or as part of the district’s existing new hire training program, whichever is sooner.

[(xv)] (xiv)…

[(xvi)] (xv)…

[(xvii)] (xvi)…

[(xviii)] (xvii)…

[(xix)] (xviii) in the case of a school district, except in a school district in a city having more than one million inhabitants, a system for informing all educational agencies within such school district of a disaster[.]; and

(xix) the designation of the superintendent, or superintendent’s designee, as the district chief emergency officer whose duties shall include, but not be limited to:

(a) coordination of the communication between school staff, law enforcement, and other first responders;

(b) lead the efforts of the district-wide school safety team in the completion and yearly update of the district-wide school safety plan and the coordination of the district-wide plan with the building-level emergency response plans;

(c) ensure staff understanding of the district–wide school safety plan;

(d) ensure the completion and yearly update of building-level emergency response plans for each school building;

(e) assist in the selection of security related technology and development of procedures for the use of such technology;

(f) coordinate appropriate safety, security, and emergency training for district and school staff, including required training in the emergency response plan;

(g) ensure the conduct of required evacuation and lock-down drills in all district buildings as required by Education Law section 807; and

(h) ensure the completion and yearly update of building-level emergency response plans by the dates designated by the commissioner.

(2) [School] Building-level emergency response plan. A [school] building-level emergency response plan shall be developed by the building-level [school safety] emergency response team, shall be kept confidential, including but not limited to the floor plans, blueprints, schematics or other maps of the immediate surrounding area, and shall not be disclosed except to authorized department or school staff, and law enforcement officers, and shall include the following elements:

(i) policies and procedures for the [safe evacuation of students, teachers, other school personnel and visitors to the school in the event of a serious violent incident or other emergency which may occur before, during or after school hours] response to emergency situations, such as those requiring evacuation, sheltering, and lock-down, which shall include, at a minimum, the description of plans of action for evacuation [and], sheltering, lock-down, evacuation routes and shelter sites, and procedures for addressing medical needs, transportation and emergency notification to persons in parental relation to a student;

(ii) …

(iii) [procedures for assuring that crisis response, fire and law enforcement officials have access to] floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immediate surrounding area;

(iv) …

(v) . .

(vi) coordination of the [school safety] building-level emergency response plan with the statewide plan for disaster mental health services to assure that the school has access to Federal, State and local mental health resources in the event of a violent incident;

(vii) procedures for an annual review of the building-level emergency response plan and the conduct of drills and other exercises to test components of the building-level emergency response plan, including the use of tabletop exercises, in coordination with local, [and] county, and state emergency responders and preparedness officials;

(viii) . . .

(ix) . . .

(3) Each board of education, chancellor or other governing body shall make each district-wide [and building-level school] safety plan available for public comment at least 30 days prior to its adoption[, provided that only a summary of each building-level emergency response plan shall be made available for public comment]. Such district-wide [and building-level] plans may be adopted by the school board only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested parties. Each district shall file a copy of its district-wide [comprehensive] safety plan with the commissioner and all amendments to such plan shall be filed with the commissioner no later than 30 days after their adoption. Each board of education, chancellor or other governing body or officer shall ensure that a copy of each building-level [safety] emergency response plan and any amendments thereto, [shall be] is filed with the appropriate local law enforcement agency and with the State Police within 30 days of its adoption, but no later than October 15, 2016 and each subsequent October 15 thereafter. Building-level emergency response plans shall be confidential and shall not be subject to disclosure under article six of the Public Officers Law or any other provision of law.

[(4) . . .]

(f) . . .

(g) . . .

(h) . . .

(i) . . .

(j) Fire and Emergency Drills. Each school district and board of cooperative educational services shall, at least once every school year, and where possible in cooperation with local county emergency preparedness plan officials, conduct one test of its [emergency plan or its] emergency response procedures under each of its building-level emergency response [school safety] plans, including sheltering, lock-down, or early dismissal, at a time not to occur more than 15 minutes earlier than the normal dismissal time.

(1)…

(2)…

(3)…

(k) . . .

(l) . . .

(m) . .

Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on June 29, 2016, the following non-substantial revision was made to the proposed rule:

Section 155.17(c)(1)(xix)(e) is revised to replace the word “policy” with “procedure” to ensure that the development of technology related procedures are properly within the purview of the superintendent consistent with the intent of the proposed rule.

The above revision to the proposed rule does not require any revisions to the previously published Regulatory Impact Statement.

Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on June 29, 2016, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Flexibility Analysis.

Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on June 29, 2016, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The above revisions to the proposed rule do not require any revisions to the previously published Rural Area Flexibility Analysis.

Since publication of a Notice of Emergency Adoption and Proposed Rule Making in the State Register on June 29, 2016, the proposed rule was revised as set forth in the Statement Concerning the Regulatory Impact Statement submitted herewith.

The revised proposed rule will not have a substantial impact on jobs and employment opportunities. Because it is evident from the nature of the revised proposed rule that it will not affect job and employment opportunities, no affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.

As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2021, which is the 4th or 5th year after the year in which this rule is being adopted. This review period, justification for proposing same, and invitation for public comment thereon, were contained in a RFA, RAFA or JIS.

An assessment of public comment on the 4 or 5-year initial review period is not attached because no comments were received on the issue.

COMMENT:

Commenters were concerned that school districts couldn’t update Comprehensive District-Wide School Safety Plans and Building-Level Emergency Response Plans by September 1st of the 2016-17 schoolyear and sought a delay until 2017-2018.

RESPONSE:

Prior to the amendments of Part B of Ch.54 of the Laws of 2016, Commissioner’s regulation § 155.17 required districts to adopt and amend plans by July 1st of each year. Recognizing the changes made by the new law, NYSED delayed the requirement to September 1, 2016 to provide districts with time to meet the requirements, while also ensuring compliance with the new law. The proposed amendment was adopted by the Board of Regents as an emergency measure at its June 2016 meeting, effective July 1, 2016, to timely implement Part B of Ch.54 of the Laws of 2016.

COMMENT:

Commenters were confused about the definition of “lockdown.”

RESPONSE:

The “lockdown” definition was adopted by the New York State School Safety Improvement Team, as recommended by the Federal Emergency Management Agency’s Guide for Developing High-Quality School Emergency Operations Plans (2013) and is further defined in the NYS Guide to School Emergency Response Planning Template available and in use since the 2014-2015 schoolyear. See, http://www.p12.nysed.gov/sss/documents/QuickReferenceCardv102- 13-15.pdf. Because the definition has been used by law enforcement in the past, NYSED does not believe a regulatory change is needed.

COMMENT:

Commenters were confused by the definition and responsibilities of the, “Building-Level Emergency Response Team” in contrast with the “Emergency Response Team” and suggested clarifying language.

RESPONSE:

NYSED understands the confusion that exists as a result of the updated terminology in the statute. Education Law § 2801-a always required the school safety team to develop an emergency response plan, and to designate an emergency response team. The amendments to Education Law § 2801-a renamed the school safety team the building-level emergency response team. Now, the responsibility for designating the emergency response team lies with the building-level emergency response team (previously referred to as the school safety team). The changes to Commissioner’s regulation § 155.17 were made to comply with the statutory amendments made by Part B of Ch.54 of the Laws of 2016 and the Department believes no revisions are necessary.

The Emergency Response Team is designed to respond in the event of an actual emergency and is required by statute to include school personnel, law enforcement officials, fire officials, and representatives from local, regional and/or State emergency response agencies and assists the school community in responding to a violent incident or emergency.

COMMENT:

Commenter didn’t think it made sense to have a student on the safety team if all information cannot be discussed. The student perspective is extremely valuable; this will lead to students being totally eliminated from the team.

RESPONSE:

The changes to Commissioner’s regulation § 155.17 were made to comply with the statutory amendments to Education Law § 2801-a(3), which eliminated the student’s access to confidential building level plans.

COMMENT:

Why is the Post-Incident Response Team selected by the Building-Level Emergency Response Team?

RESPONSE:

Education Law § 2801-a(3)((b) always required the school safety team to designate the post-incident response team. Other than to reflect the new title of the Building-Level Emergency Response Team, such obligation was not changed by the statutory amendments or the proposed regulation. Therefore, no revisions are necessary.

COMMENT:

Commenters thought it was unrealistic to require districts to conduct annual training by September 15, 2016, and requested a delay to 2017.

RESPONSE:

Part B of Ch.54 of the Laws of 2016 was effective July 1, 2016. NYSED believes staff should be trained on the new requirements as soon as possible after the start of the school year since the statute is already in effect and that delaying such training would appear to be contrary to the intent of the statute, which is to ensure the safety of students and staff. However, the statute does permit districts to conduct such training as part of existing professional development.

COMMENT:

The duties of the District Chief Emergency Officer will remove responsibility from the school building principal and are burdensome for one person.

RESPONSE:

The amendments to Education Law § 2801-a by Ch.54 of the Laws of 2016 require the designation and outline the duties of a District Chief Emergency Officer. The statute and implementing regulation allow the individual to be either the superintendent, or the superintendent’s designee. Neither the statute nor the implementing regulation prohibits a principal or other building leader from being designated to this role.

COMMENT:

Commenters asked questions about the changes to fire and emergency drills? Does the regulation limit these drills to no more than 15 minutes before normal dismissal time?

RESPONSE:

In addition to Education Law § 2801-a, Part B of Ch.54 of the Laws of 2016 amended Education Law § 807, relating to fire and emergency drills. Commissioner’s regulation § 155.17 solely relates to emergency response plan. Commissioner’s regulation § 155.17(j) has always required school districts to conduct at least one test of the emergency response plan each year. The timing of these drills remains limited to not more than 15 minutes prior to dismissal time to minimizing the impact on instructional time. This regulation does not address the requirements of Education Law § 807. See http://www. p12.nysed.gov/sss/documents/EmergencyResponseLegReg ChangesQAFinal.pdf.

COMMENT:

What must be included in the required training on violence prevention and mental health and suicide crisis handling?

RESPONSE:

NYSED compiled a list of mental health resources available at, http://www.p12.nysed.gov/sss/documents/MentalHealth ResourcesforEducators.pdf; and http://www.p12.nysed.gov/sss/ documents/SVPIRequiredComponents.pdf.

COMMENT:

How can schools certify that all staff have undergone the annual training.

RESPONSE:

NYSED issued guidance explaining the statutory requirement. http://www.p12.nysed.gov/sss/documents/Emergency ResponseLegRegChangesQAFinal.pdf

COMMENT:

Can school districts provide online training? Does SED have a sample curriculum?

RESPONSE:

The manner and method of providing the training is a local decision. NYSED compiled resources for district use. http://www.p12.nysed.gov/sss/documents/SVPIRequired Components.pdf; http://www.p12.nysed.gov/sss/documents/Mental HealthResourcesforEducators.pdf.

COMMENT:

Is the "Chief Emergency Officer" in addition to the District Safety Officer?

RESPONSE:

The Chief Emergency Officer, required by § 2801-a, is either the superintendent or the superintendent’s designee. Neither the prior regulations nor the proposed amendments required a district safety officer.

COMMENT:

How was Commissioner’s authority to provide a waiver from the requirements of this section impacted?

RESPONSE:

Education Law § 2801-a, and Commissioner’s regulation § 155.17(e)(4) previously permitted the Commissioner to waive the school safety plan requirements for schools that had a plan in place prior to the original enactment in 2000, for a period of up to two years from July 24, 2000. This provision was removed because it was an expired provision of SAVE (Ch.181 of the Laws of 2000).

COMMENT:

Must school districts switch Building-Level Emergency Response Plans to the Building-Level Emergency Response Plan Template this year?

RESPONSE:

Education Law § 2801-a and the implementing regulations continue to provide the Commissioner with the authority to prescribe the form and manner of the plans, in consultation with the Division of Criminal Justice Services. Beginning with the 2016-17 schoolyear, schools must use the Building-Level Emergency Response Plan Template, developed and distributed by the New York State School Safety Improvement Team (which included representatives from the Division of Criminal Justice Services). The template was shared with districts during statewide regional meetings during the 2014-15 schoolyear and has been publicly available at https://safeschools.ny.gov/. The use of a standardized format for collecting this information is the best way to ensure that first responders have immediate access in case of an emergency. Since the statute became effective on July 1, 2016, NYSED does not believe that an extension is warranted.

COMMENT:

Commenters asked if districts may modify the terms used by the template.

RESPONSE:

The Template was developed by the New York State School Safety Improvement Team and adopted standardized Federal Emergency Management Agency(FEMA) language, which includes specific definitions of vital emergency terms. Using the standardized terms and definitions will improve and streamline how emergencies are communicated to staff, students, and parents. Since the terminology used in the template is outside the scope of the proposed amendment, the Department does not believe regulatory revisions are needed. http://www.p12.nysed.gov/sss/documents/QuickReferenceCardv102- 13-15.pdf.

COMMENT:

How will districts submit plan updates for the 2016-2017 schoolyear?

RESPONSE:

Beginning in the fall of 2016, schools may electronically submit Building-Level Emergency Response Plans to the New York State Police via NYSED’s Business Portal. Electronic submission of Building-Level Emergency Response Plans will be optional for the 2016-17 schoolyear, but schools are encouraged to use the application. All schools must continue to share their emergency response plans with local law enforcement for the 2016-17 schoolyear.

COMMENT:

Must the Building-Level Emergency Response Team, Emergency Response Team, and Post-Incident Response Team include a representative from a fire department, even in districts with only volunteer fire departments?

RESPONSE:

Part B of Ch.54 of the Laws of 2016 amended Education Law § 2801-a to explicitly include fire officials as members of the Building-Level Emergency Response Team and the Emergency Response Team. Commissioner’s regulation § 155.17 was amended accordingly. It is a local decision as to which fire officials to include.

COMMENT:

Who is must receive annual training on the Emergency Response Plan, violence prevention, and mental health?

RESPONSE:

Education Law § 2801-a always required schools to provide school safety training to students and staff. Part B of Ch.54 of the Laws of 2016 amended Education Law § 2801-a to require districts to certify that all staff receive such training. Commissioner’s regulation § 155.17 was amended accordingly to comply with the statute.

COMMENT:

Commenters sought the inclusion of language from Education Law § 2801-a authorizing the Commissioner, in conjunction with the State Police, to develop an appeals process from duplicative requirements of District-Wide School Safety Plans for single-building districts.

RESPONSE:

Part B of Ch.54 of the Laws of 2016 which amended Education Law § 2801-a, authorized the Commissioner, in consultation with the Superintendent of the State Police to develop an appeals process. The statute did not require the development of the appeals process. After consulting with the New York State Police, it was determined that no appeals process would be developed at this time.

COMMENT:

Commenter opposed the September 15th staff training deadline indicating that the date is contrary to the intent of Part B of Ch.54 of the Laws of 2016 which did not establish a set training date. Commenter indicated that legislative negotiations resulted in the intentional omission of a date.

RESPONSE:

NYSED cannot opine on the legislative intent or internal discussions that may have occurred surrounding the date by which school districts must certify the completion of training. Consistent with statutory authority, the proposed regulation imposes a date certain by which all school districts must comply. NYSED believes this is a reasonable date to ensure the safety of the school community.

COMMENT:

Commenter suggested that training for employees hired after the start of the school year be required 30 days after the employee officially begins reporting for duty.

RESPONSE:

In accordance with the statute, the proposed regulation requires the training to be provided to employees who are hired after the start of the school year within 30 days of such hire, or as part of the district’s existing new hire training program, whichever is sooner. Since this is a statutory requirement, no revisions are necessary.

COMMENT:

Commenter suggested an amendment to the Chief Emergency Officer’s duties surrounding technology, recommending that the word “procedure” replace “policy” to avoid a statewide policy mandate and to ensure that the duties are properly within the purview of the superintendent, and do not require board approval.

RESPONSE:

NYSED revised the regulation to clarify such point.

COMMENT:

Must a board of education formally approve the building level emergency response plans? How can a board of education adopt the about Building-Level Emergency Response Plan while also maintaining confidentiality?

RESPONSE:

Education Law § 2801-a(1) requires the board to adopt both District-Wide School Safety Plans and Building-Level Emergency Response Plans. Education Law § 2801-a(3) requires all Building-Level Plans to be confidential. Education Law § 2801-a(7) further indicates building-level plans are confidential and not subject to disclosure under Public Officers Law Article 6 or any other law. The proposed amendment implements these statutory requirements and therefore no revisions are needed. Districts should consult with their attorneys as to how to comply. Please note that Public Officers Law § 105(a)(Open Meetings Law) provides that matters which will imperil public safety if disclosed may be approved through Executive Session.