Bill Text: CA AB1323 | 2023-2024 | Regular Session | Amended
Bill Title: School safety: mandatory notifications.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1323 Detail]
Download: California-2023-AB1323-Amended.html
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Amended
IN
Assembly
January 03, 2024 |
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Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1323
| Introduced by Assembly Member Kalra |
February 16, 2023 |
An act to amend Sections 32210, 44014, and 48902 of the Education Code, relating to school safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1323, as amended, Kalra.
School safety: mandatory notifications.
(1) Existing law provides that any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor and subject to a fine of not more than $500.
The bill would exempt from those misdemeanor and fine provisions a person who, at the time of the disturbance, is a pupil of the school district.
(2) Existing law requires, if any employee of a school district or county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, the employee and any person under whose direction or supervision the employee is employed who has knowledge of the incident are required to promptly report the incident to specified law enforcement authorities. Under existing law, failure to make the report is an infraction
punishable by a fine of not more than $1,000 and acts by specified persons to inhibit or impede the making of the report is an infraction punishable by a fine of not less than $500 and not more than $1,000.
This bill would delete those infraction provisions for a failure to report and for inhibiting or impeding the making of the report. The bill would authorize, instead of require, the employee who was the target of the incident, after exhausting efforts at resolution or correction, as specified, incident to make that notification. notification and prohibit the governing board of a school district, a member of the
governing board, a county superintendent of schools, and an employee of a school district or of the office of any county superintendent of schools from imposing any sanctions against a person making that notification. The bill would strongly encourage an employee of a school district or of the office of a county superintendent of schools to employ other means of correction, as provided, before considering a law enforcement referral.
(3) The federal Gun-Free Schools Act prohibits a local educational agency from receiving certain federal funds unless the local educational agency has a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon to a school served by the local educational agency.
Existing state law requires the principal of a school or the principal’s designee to notify the appropriate law
enforcement authorities of the county or city in which the school is situated of certain acts committed by a pupil that may be unlawful, including, among others, the selling or possession of narcotics or other designated controlled or regulated substances, and acts of assault, as specified.
This bill instead would require that notification only if the pupil’s acts require notification under that federal law. law, or a pupil or nonpupil’s acts include possessing, selling, or otherwise furnishing a firearm or possessing an explosive.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 32210 of the Education Code is amended to read:32210.
(a) Any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor, and shall be punished by a fine of not more than five hundred dollars ($500).(b) This section shall not apply to a pupil who is enrolled in the school district at the time of the willful disturbance described in subdivision (a).
SEC. 2.
Section 44014 of the Education Code is amended to read:44014.
(a) Whenever any employee of a school district or of the office of a county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, the employee(b) An employee of a school district or of the office of a county superintendent of schools is strongly encouraged to employ other means of correction, as described in subdivision (b) of Section 48900.5, before considering a law enforcement referral.
(c) The governing board of a school district, a member of the governing board of
a school district, a county superintendent of schools, or an employee of a school district or of the office of a county superintendent of schools shall not impose any sanctions against a person making a report pursuant to subdivision (a) for making the report.
SEC. 3.
Section 48902 of the Education Code is amended to read:48902.
(a) The principal of a school or the principal’s designee shall notify the appropriate law enforcement authorities of the county or city in which the school is located of(b) The principal of a school or the principal’s designee reporting a criminal act committed by a schoolage individual with exceptional needs, as defined in Section 56026, shall
ensure that copies of the special education and disciplinary records of the pupil are transmitted, as described in Section 1415(k)(6) of Title 20 of the United States Code, for consideration by the appropriate authorities to whom the principal of the school or the principal’s designee reports the criminal act. Any copies of the pupil’s special education and disciplinary records may be transmitted only to the extent permissible under the federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
