An act concerning emergency planning for students with disabilities in school settings was signed in January 2024 by Governor Phil Murphy. The bill clarifies the ways in which students with disabilities – specifically, those with an IEP, 504 Plan, or Health Plan – must participate in school safety drills. The law provides guidance regarding planning for students who need accommodations in order to participate in safety drills and emergency protocols at school; it requires a written plan when needed, staff training, and participation on the part of local first responders.
- The bill requires documentation of needs for students (public and nonpublic) in the event of drills, emergency situations, and security plans.
- Written documentation must be kept in the student record.
- The bill requires staff training to meet the individual needs of each student.
Q: Why is this new law important?
A: Many students with disabilities need special education, accommodations, and modifications in schools in order to learn. They may also need individualized support in order to fully and safely participate in school emergency drills. It is important for ALL students, including those with disabilities, to take part in drills. That important practice is the only way for them, and the staff responsible for them, to know what to do in the event of an actual emergency. It is important for staff to be trained and for a plan to be in place.
Q: What is the impact on students?
A: All students must be able to participate in safety drills and actual emergency protocols. The individualized needs in all areas including mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making may impact their ability to participate in safety drills and/or actual emergency procedures. A written plan to address those needs must now be developed and kept on record in the student’s file.
Q: When must accommodations be provided?
A: Accommodations will be implemented at the school building during school hours, after school hours, during summer session/extended school year, and during any school-approved youth activities taking place on school property.
Q: Does every child have to participate in a safety drill or lockdown drill?
A: Yes, the law requires all students and staff to fully participate in each drill conducted to the greatest extent practicable and, when appropriate, utilize procedures for assisting in the rescue of persons unable to use the general means of egress to ensure that participation does not pose a safety risk.
Q: What can be done if a child is anxious or frightened by drills?
A: Like anything new, drills can be scary… at first. But without exposure and practice, your child and their classmates will be at increased risk during an actual emergency. Ask in writing that your child take part in all drills and ask for a plan to document needs, and a plan to teach your child the prerequisite skills needed.
Q: Does the law require EVERY child with a disability to have an individual plan?
A: No. Many children with disabilities can participate in school safety drills and lockdowns without accommodations, modifications, or the need for additional staff training. However, the law requires that the question be asked: does the student need additional planning? If the answer is yes, the students’ needs must be documented.
Q: What elements need to go into the plan?
A: The new law requires that the plan include:
- A description of anticipated mobility, sensory, medical, social, communication, emotional, regulatory, and decision-making support needs of the student during a fire drill, school security drill, and during an actual emergency situation;
- A description of the supports, modifications, accommodations, and services to be provided to the student during a fire drill, school security drill, and during an actual emergency situation;
- A description of the role of school employees in supporting the student during a fire drill, school security drill, and during an actual emergency situation; and
- A description of the need for any specific training of school employees.
Q: How often is the plan reviewed?
A: The plan must be reviewed and updated, if needed, on “a regular basis, but not less than once annually.”
Q: What are examples of modifications/accommodations that assist with participating in drills and emergency protocols?
A: While not an all-inclusive list, here are some examples of accommodations for safety drills and emergency situations:
- Supervision during transitions; adult one-to-one assigned to student.
- Simple instructions in multiple modalities that are practiced in nonemergency situations.
- Physical space accommodations needed for safe evacuation.
- A pre-identified quiet place for a student to self-regulate.
- Fidget items, snacks.
- Access to sanitation/handwashing stations and hand sanitizer.
- Self-calming strategies (taught in advance).
- A peer buddy system.
- Access to emergency medications (e.g., asthma inhaler, seizure medication, insulin).
- Access to noise-canceling headphones for sirens/alarms.
- Safe way to hide/shelter in place.
- Safe egress from upper stories of a building.
- Effective way to communicate other than sound (for students who are deaf/hard of hearing).
Q: Once the Safety Plan is developed, where is it documented?
A: Safety Plans are required to be retained in the student’s record. Parents can request that it be part of the IEP, and that goals and objectives related to the plan (i.e. learning to be very quiet in an emergency) be included in the IEP.
Q: When does the new law go into effect?
A: The law is slated to go effect at the start of the 2024-2025 school year – July 1, 2024. Parents can bring up the need for accommodations in emergency planning at ANY time, as it is required by the Americans with Disabilities Act.
Q: Does the law apply to students placed in out-of-district settings?
A: Yes. The law applies to all New Jersey public schools and receiving schools, such as approved private schools for students with disabilities, and requires that such information be provided to any youth program operating on school grounds, even if the program is not sponsored by the school.
Q: What should a parent do if there is no plan in place and/or it has not been discussed at the IEP meeting?
A: Parents should write a letter to the Child Study Team to request that a written Safety Plan be developed. Be sure to share your concerns about ALL areas of your child’s needs: mobility, sensory, medical, social, communication, emotional and regulatory. Not all children will have needs in all areas. It is important to note that your child may need goals and objectives in their IEP in order to practice certain skills.
Q: Does the Act include accommodations for field trips or off-site school activities?
A: Students who take part in school-sponsored events, such as field trips and other off-site activities, such as travel training, community-based learning, and work-based learning, must have their needs met under the Act.
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