HOUSE BILL NO. 4314

A bill to create the school safety guardian program; to provide for the certification and recertification of certain individuals as school guardians; to require the promulgation of rules; and to provide for the powers and duties of certain state and local governmental officers and entities.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "school safety guardian program act".

Sec. 3. As used in this act:

(a) "Department" means the department of state police.

(b) "Licensed psychologist" means a doctoral-level psychologist licensed under section 18223(1) of the public health code, 1978 PA 368, MCL 333.18223.

(c) "Local law enforcement agency" means the police department of the city, village, or township, or if none, the county sheriff of the county, in which the school is located.

(d) "Program" means the school safety guardian program described under section 5.

(e) "School" means a public school, nonpublic school, or public school academy as those terms are defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5.

(f) "School board" means the governing body of a local school district unless clearly otherwise stated.

(g) "School guardian" means either of the following individuals trained and certified in accordance with this act:

(i) A school employee or personnel, including a teacher, who volunteers to serve as a school guardian in addition to the school employee or personnel or teacher's official job duties.

(ii) An employee of a school who is hired for the specific purpose of serving as a school guardian.

Sec. 5. (1) Not later than 90 days after the effective date of this act, each local law enforcement agency shall develop a school safety guardian program for the purpose of training school guardians to aid in the prevention or abatement of an active assailant incident on a school premises.

(2) A school board may vote to implement the program which would allow the school to opt into the program.

Sec. 7. (1) A candidate for a school guardian must do all of the following:

(a) Successfully complete a 144-hour training program that consists of at least all of the following:

(i) 8 hours of instruction in defensive tactics.

(ii) 12 hours of instruction in legal issues.

(iii) 16 hours of instruction in precision pistol.

(iv) 8 hours of discretionary shooting instruction using state-of-the-art simulator exercises.

(v) 8 hours of instruction in active shooter or assailant scenarios.

(b) Pass a psychological evaluation administered by a licensed psychologist designated by the department and submit the result of that psychological evaluation to the applicable local law enforcement agency.

(c) Submit to and pass an initial drug test.

(d) Successfully complete weapon inspection and firearm qualification.

(2) An individual certified as a school guardian has no authority to act in any law enforcement capacity, except to the extent necessary to prevent or abate an active assailant incident.

Sec. 9. (1) The department, in conjunction with local law enforcement agencies, shall promulgate rules that establish the minimum standards for the school guardian training described under section 5.

(2) The rules promulgated pursuant to this section must include, but are not limited to, all of the following:

(a) Requirements for random drug testing for school guardians.

(b) Continuing training that includes, but is not limited to, training on defensive tactics, legal issues, precision pistol, discretionary shooting, or active shooter or assailant scenarios.

(c) Weapon inspection and firearm qualification on at least an annual basis.

(d) Requirements for certification and recertification.

(3) A local law enforcement agency shall do all of the following:

(a) Provide the training required under this act.

(b) Issue a school guardian certificate to an individual who meets the requirements of this act.

(c) Maintain documentation of weapon and equipment inspections, training, certification, and qualification record of each school guardian certified under this act.

Sec. 11. A school guardian must be recertified on an annual basis. Expenses incurred by a local law enforcement agency to recertify a school guardian are eligible for reimbursement by this state.