Michigan Laws 380.1308b – Emergency operations plan; requirements; notice; exemption of certain information from freedom of information act; “school building” defined
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Terms Used In Michigan Laws 380.1308b
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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.