Arizona Charter Schools Must Develop Emergency Operations Plans – Charity Lawyer Blog

In its December 9, 2024 Special Audit Report—School Safety and Emergency Response Practices, the Arizona Auditor General has clarified that both school districts and charter schools in Arizona are required to comply with Arizona Revised Statute 15-341 (A)(31). This statute mandates the development and implementation of an Emergency Operations Plan (EOP) that adheres to the minimum standards prescribed by the Arizona Department of Education (ADE).

This determination underscores the importance of preparedness in safeguarding students, staff, and school communities against a range of potential emergencies. Here, we delve into what this mandate entails, why it matters, and how schools can ensure compliance.

What Is Arizona Revised Statute 15-341 (A)(31)?

Arizona Revised Statute 15-341 (A)(31) stipulates that every school district and charter school must develop an Emergency Operations Plan. This requirement is part of a broader legislative framework designed to promote school safety, ensuring that institutions are equipped to respond effectively to emergencies such as natural disasters, security threats, and other crises.

The statute empowers the Arizona Department of Education to set minimum standards for these plans. These standards provide a baseline for preparedness and ensure consistency across all schools, regardless of size or location.

Why Is This Mandate Important?

• Student and Staff Safety. An effective EOP ensures that schools are prepared to respond to emergencies, minimizing risks to students and staff.

• Community Confidence. When schools demonstrate preparedness, they foster trust and confidence among parents, guardians, and the broader community.

• Legal Compliance. Adherence to the statute protects schools from potential legal liabilities that may arise from inadequate emergency planning.

• Resource Allocation. A well-structured EOP aids in coordinating resources and responses efficiently, reducing chaos during emergencies.

Steps Schools Should Take to Comply

1. Review the Statute and Guidelines

Familiarize yourself with Arizona Revised Statute 15-341 (A)(31) and ADE’s minimum standards. A complete copy of the Arizona Department of Education’s Minimum Requirements for School Emergency Operations Plans can be viewed at this link. https.//www.azed.gov/wellness/sep/emergency-operations-continuity-operations-planning.

2. Conduct a Needs Assessment.

Evaluate current emergency preparedness levels and identify gaps.

3. Develop or Update the EOP

Draft a comprehensive plan or revise the existing one to align with ADE requirements.

4. Provide Training

Offer regular training sessions and resources to ensure everyone understands their roles in an emergency.

5. Schedule Regular Reviews

Update the plan annually or as new threats and challenges emerge.

Conclusion

The Arizona Auditor General’s determination is a critical reminder of the shared responsibility to protect the state’s students and educational communities. By complying with Arizona Revised Statute 15-341 (A)(31), schools not only fulfill their legal obligations but also create a safer and more resilient environment for learning.

Educational leaders must act swiftly to develop and maintain robust Emergency Operations Plans. This proactive approach will ensure that Arizona schools are well-prepared to face any challenges that may come their way, safeguarding the future of their students and staff alike.

Contact our office for help drafting or reviewing your Emergency Operations Plan to ensure it complies with the law.

Ashley Spear is a nonprofit lawyer with Caritas Law Group, P.C. licensed to practice in Arizona. Ashley advises nonprofit and socially responsible businesses on corporate governance, real property, trademark, and tax-exempt bond financing matters. Ashley also has significant experience advising charter schools and charter networks. To schedule a consultation with Ashley, call 602-456-0071 or email us through our contact form.