Sub. H. B. No. 178 As Reported by the House Education Committee

As Reported by the House Education Committee

130th General Assembly

Regular Session

2013-2014

Sub. H. B. No. 178

Representative Phillips

Cosponsors: Representatives Hayes, Mallory, Strahorn, Reece, Fedor, Heard, Antonio, Bishoff

A BILL

To amend section 3737.73 of the Revised Code with

respect to school safety drills.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3737.73 of the Revised Code be	3
amended to read as follows:	4

Sec. 3737.73. (A) No principal or person in charge of a	5
public or private school or educational institution having an	6
average daily attendance of twenty or more pupils, and no person	7
in charge of any children's home or orphanage housing twenty or	8
more minor persons, shall willfully neglect to instruct and train	9
such children by means of drills or rapid dismissals, so that such	10
children in a sudden emergency may leave the building in the	11
shortest possible time without confusion. ~~The~~Except as provided	12
for in division (F) of this section, the principal or person in	13
charge of a school or educational institution shall conduct drills	14
or rapid dismissals at least ~~nine~~six times during the school	15
year, pursuant to division (E) of this section, which shall be at	16
the times and frequency prescribed in rules adopted by the fire	17
marshal. ~~However, no drill or rapid dismissal under this division~~	18
~~need be conducted in any month that a school safety drill required~~	19
~~under division (D) of this section is conducted as long as a total~~	20
~~of nine drills or rapid dismissals under this division are~~	21
~~conducted in the school year.~~ The principal or person in charge of	22
a children's home or orphanage shall conduct drills or rapid	23
dismissals at least once each month while the home is in	24
operation. In the case of schools, no principal or person in	25
charge of a school shall willfully neglect to keep the doors and	26
exits of such building unlocked during school hours. The fire	27
marshal may order the immediate installation of necessary fire	28
gongs or signals in such schools, institutions, or children's	29
homes and enforce this division and divisions (B) ~~and~~, (C)(3), and	30
(F) of this section.	31

(B) In conjunction with the drills or rapid dismissals	32
required by division (A) or (F) of this section, whichever is	33
applicable, principals or persons in charge of public or private	34
primary and secondary schools, or educational institutions, shall	35
instruct pupils in safety precautions to be taken in case of a	36
tornado alert or warning. Such principals or persons in charge of	37
such schools or institutions shall designate, in accordance with	38
standards prescribed by the fire marshal, appropriate locations to	39
be used to shelter pupils in case of a tornado, tornado alert, or	40
warning.	41

(C)(1) The fire marshal or the fire marshal's designee shall	42
annually inspect each school, institution, home, or orphanage	43
subject to division (A) or (F) of this section to determine	44
compliance with ~~that~~the applicable division, and each school or	45
institution subject to division (B) of this section to ascertain	46
whether the locations comply with the standards prescribed under	47
that division. Nothing in this section shall require a school or	48
institution to construct or improve a facility or location for use	49
as a shelter area.	50

(2) The fire marshal or the fire marshal's designee shall	51
issue a warning to any person found in violation of division (A)	52
or, (B), or (F) of this section. The warning shall indicate the	53
specific violation and a date by which such violation shall be	54
corrected.	55

(3) No person shall fail to correct violations by the date	56
indicated on a warning issued under division (C)(2) of this	57
section.	58

(D)(1) ~~On or before April 1, 2007, and on or before each~~	59
~~first day of December thereafter, the~~(a) The principal or person	60
in charge of each public or private school or educational	61
institution shall conduct a school safety ~~drill~~drills at least	62
three times during the school year, pursuant to division (E) of	63
this section, to provide pupils with instruction in the procedures	64
to follow in situations where pupils must be secured in the school	65
building~~, such as~~or rapidly evacuated in response to a threat to	66
the school involving an act of terrorism; a person possessing a	67
deadly weapon or dangerous ordnance, as defined in section 2923.11	68
of the Revised Code, on school property; or other act of violence.	69
At least one safety drill shall include a scenario where pupils	70
must be secured in the school building rather than rapidly	71
evacuated.	72

Each safety drill shall be conducted in conjunction with the	73
police chief or other similar chief law enforcement officer, or	74
designee, of the municipal corporation, township, or township or	75
joint police district in which the school or institution is	76
located, or, in absence of any such person, the county sheriff of	77
the county, or designee, in which the school or institution is	78
located.	79

(b) In addition to the three safety drills described in	80
division (D)(1)(a) of this section, the principal or person in	81
charge shall conduct a theoretical school safety drill at least	82
once during the school year to provide all faculty and staff	83
employed by the school or institution with instruction in the	84
procedures to follow in such situations. The theoretical drill	85
does not need to include student participation and may be	86
conducted at the annual training session required by division	87
(D)(3) of this section.	88

(c) All safety drills required under division (D) of this	89
section shall be conducted pursuant to the district's or school's	90
comprehensive school safety plan adopted under section 3313.536 of	91
the Revised Code.	92

(2)(a) The principal or person in charge of each public or	93
private school or educational institution shall provide to the	94
police chief or other similar chief law enforcement officer of the	95
municipal corporation, township, or township or joint police	96
district in which the school or institution is located, or, in	97
absence of any such person, the county sheriff of the county in	98
which the school or institution is located advance written notice	99
of each school safety drill required under division (D)(1) of this	100
section and shall keep a written record of the date and time of	101
each drill conducted. The advance notice shall be provided not	102
later than seventy-two hours prior to the date the drill will be	103
conducted and shall include the date and time the drill will be	104
conducted and the address of the school or educational	105
institution. The notice shall be provided by mail, facsimile, or	106
electronic submission.	107

(b) Not later than ~~April 5, 2007, and not later than~~ the	108
fifth day of December each year ~~thereafter~~, the principal or	109
person in charge of each public or private school or educational	110
institution shall provide written certification by mail,	111
facsimile, or electronic submission of the date and time each	112
school safety drill required under division (D)(1) of this section	113
was conducted during the previous school year, as well as the date	114
and time each drill will be conducted during the current school	115
year, to the police chief or other similar chief law enforcement	116
officer of the municipal corporation, township, or township or	117
joint police district in which the school or institution is	118
located, or, in the absence of any such person, the county sheriff	119
of the county in which the school or institution is located. If	120
such certification is not provided, the principal or person in	121
charge of the school or institution shall be considered to have	122
failed to ~~conduct the drill~~meet this requirement and shall be	123
subject to division (D)(4) of this section.	124

(3) The principal or person in charge of each public or	125
private school or educational institution shall hold annual	126
training sessions for employees of the school or institution	127
regarding the conduct of school safety drills.	128

(4) The police chief or other similar chief law enforcement	129
officer of a municipal corporation, township, or township or joint	130
police district, or, in the absence of any such person, the county	131
sheriff shall issue a warning to any person found in violation of	132
division (D)(1) of this section. Each warning issued for a	133
violation of division (D)(1) of this section shall require the	134
principal or person in charge of the school or institution to	135
correct the violation by conducting ~~the~~a school safety drill not	136
later than the thirtieth day after the date the warning is issued.	137
The violation shall not be considered corrected unless, not later	138
than forty days after the date the warning is issued, the	139
principal or person in charge of the school or institution	140
provides written certification of the date and time ~~the~~this drill	141
was conducted, as well as the date and time each remaining drill	142
will be conducted during the current school year, to the police	143
chief or other similar chief law enforcement officer or county	144
sheriff who issued the warning.	145

(5) No person shall fail to correct violations by the date	146
indicated on a warning issued under division (D)(4) of this	147
section.	148

(E) The principal or person in charge of each public or	149
private school or educational institution shall conduct at least	150
one drill or rapid dismissal required under division (A) or (F) of	151
this section, whichever is applicable, or one school safety drill	152
required under division (D) of this section during each month of	153
the school year. However, the principal or person in charge may	154
determine the exact date and time that each drill will be	155
conducted. A drill or rapid dismissal under division (A) or (F) of	156
this section may be conducted during the same month as a school	157
safety drill under division (D) of this section.	158

(F) If a public or private school or educational institution	159
does not currently have smoke detectors, as defined in section	160
3781.104 of the Revised Code, or a sprinkler system in all classroom buildings of the	161
school, the principal or person in charge of the school or	162
educational institution shall conduct drills or rapid dismissals	163
at least nine times during the school year, pursuant to division	164
(E) of this section, which shall be at the times and frequency	165
prescribed in rules adopted by the fire marshal. At the discretion	166
of the principal or person in charge of the school or institution,	167
drills conducted under this division may be combined with drills	168
conducted under division (D) of this section, so long as at least	169
one drill conducted under that division provides pupils with	170
instruction in the procedures to follow in situations where pupils	171
must be secured in the school building rather than rapidly	172
evacuated.	173

Section 2. That existing section 3737.73 of the Revised Code	174
is hereby repealed.	175