SB 265 DRUG-RELATED INCIDENT RESPONSE ACT

Sen George K Munoz

Actions: [4] SCC/SJC/SFC-SCC

Scheduled: Not Scheduled

 Senate Bill 265 (SB 265) relates to public schools. SB 265 enacts the Drug-related Incident Response Act. SB 265 requires:
School districts and governing bodies of charter schools to develop and implement school-based drug-related incident response plans for nonviolent drug-related incidents involving students.
The Public Education Department to commence a study and to tailor drug-related incident response plan requirements and training to the needs and abilities of school districts and charter schools.
Data collection, reporting and data use restrictions.
Certain data be de-identified and provides for confidentiality agreements. 
SB 265 provides definitions. SB 265 makes an appropriation. 

 Senate Bill 265 (SB 265) enacts the Drug-related Incident Response Act (Act) and provides requirements. SB 265 makes an appropriation.

SECTION 1 enacts the Act.

SECTION 2 provides definitions as used in the Act.

SECTION 3 adds a new section to require establishing a response plan. 
A. Every school district shall establish and follow a consistent and multi-element school-based response plan for schools to support students involved in a nonviolent drug-related incident on school grounds or at a school-sanctioned activity. 

B. A response plan required pursuant to Subsection A shall include elements to conduct fact-finding, assess risk factors, determine options available, notifications to parents, meeting with parents and student, and development of a confidentiality agreement as provided in Section 8 of the Act.

C. A response plan established pursuant to this section shall be developed in consultation with appropriate school administration and personnel, and shall include input from students, parents and local community organizations.

SECTION 4 adds a new section to require each school district shall provide training and education.
A. Each school district shall provide training as determined appropriate by the department and aligned with the Act. Training for key school administration and personnel shall include a copy of the response plan and any related supplemental information and shall address the items specified in this subsection.

B. In addition to the training prescribed in Subsection A, training for response team members shall include: (1) in-depth guidelines necessary for applying the elements of the response plan; (2) in-depth information regarding the composition of the response team and each team member's responsibilities in the event of a drug-related incident; and (3) any other training or information deemed necessary or appropriate by the department. 

C. Training for all classroom teachers shall address how to respond to general social, emotional and behavioral needs in the classroom, as specified in this subsection.

D. Training required pursuant to this section shall be reviewed annually by school districts to ensure it is aligned with department guidance and rules for response plans. 

SECTION 5 adds a  new section to require the department to commence a study.
A. The department shall commence a study to tailor the requirements of response plans and the training required to the school district's needs and abilities of local schools. School districts shall ensure the guidelines are incorporated in the response plans. At the time of study commencement, the department may collaborate with the Legislative Education Study Committee or contract with an appropriate entity to conduct the study. 

B. The department shall first conduct a review of any existing department or state agency guidelines, policies or programs that substantially relate to the Act and specifically relate to public school responses to drugs and drug-related incidents. Based on that review, the department shall determine any elements to incorporate in the study to comply with the provisions of existing applicable laws or rules. The study shall identify the items specified in this subsection.

C. The study and subsequent reviews may include an analysis of potential collaborators as suggested in this subsection. The department shall review the study and issue guidelines every three to five years and update both as deemed appropriate.

SECTION 6 adds a new section to establish guidelines for data collection.
A. The department shall establish guidelines for data collection that distinguish drug-related incidents from other incidents on school grounds or at school-sanctioned activities. Student-level data collection shall include data as specified in this subsection.

B. Data collection required in addition to student-level data collected shall include the information specified in this subsection.

SECTION 7 adds a new section to provide guidelines for data reporting, use and storage. 
A. The department shall, within one year of the effective date of the Act and annually thereafter, incorporate disaggregated data on drug-related incidents at the school level and by demographic variables into the department's established collection and reporting procedures and in accordance with the department's data-reporting requirements. 

B. Each school district shall report the data to the department quarterly and shall ensure that the student-level data elements provided are de-identified. 

C. Aggregated reports shall be public records within the meaning of the Inspection of Public Records Act and shall be open to inspection, with the exception of any portion of a report that is privileged or protected under state or federal law or pursuant to the privacy guidelines provided in Section 8 of the Act. 

D. Student-level data governed by this section shall be accessible for research purposes but shall be allowed for use only at the discretion of the department and subject to a proposal review process established by the department. Student-level data shall be stored at a public repository approved by the department.

SECTION 8 adds a new section to protect privacy and confidentiality.
A. All information and statements gathered by response teams while applying a response plan to a drug-related incident are: (1) private and confidential; (2) not subject to the Inspection of Public Records Act; and (3) not discoverable in civil or criminal litigation, absent both a valid subpoena or other compulsory process and an order of a court of competent jurisdiction. 

B. As soon as practicable after the occurrence of a drug-related incident, the response team shall provide to the student and where necessary, the student's parent or guardian, a department-approved confidentiality agreement containing the information identified in this subsection.

C. A school's law enforcement unit shall not create a law enforcement unit record with respect to any drug-related incident in which a response plan is applied pursuant to the Act unless the record is required by law. 

D. Nothing in the Act shall serve to limit any applicable privacy and confidentiality protections provided by a relevant state or federal law, rule or regulation related to privacy, confidentiality or disclosure of educational records or an individual's substance use disorder treatment records. 

SECTION 9 adds a new section to create a grant program and funding.
A. To support the implementation of the response plans, the department, in collaboration with the Legislative Education Study Committee or other appropriate entity, may establish a grant program for the purpose of funding supplemental training, hiring of additional personnel, or sharing of information of existing grant opportunities at the federal or state level that might support school districts in meeting the requirements of the Act.

B. The department may pursue all federal funding, matching funds and foundation or other charitable funding for the initial start-up and ongoing activities required under the Act. The department may receive funds from public or private sources for the use and benefit of carrying out the Act.

SECTION 10 adds a new section to allow the department to promulgate rules. 
No later than December 1, 2024, the department shall promulgate rules for carrying out its duties pursuant to the Act. 

SECTION 11 appropriates $1,000,000 from the General Fund to the Public Education Department for expenditure in Fiscal Year 2025 to carry out the provisions of the Act. Any unexpended or unencumbered balance remaining at the end of Fiscal Year 2025 shall revert to the General Fund. 

SECTION 12 makes the effective date July 1, 2024.