Amended  IN  Assembly  March 28, 2023
Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1510

Introduced by Assembly Member Jones-Sawyer

February 17, 2023

An act to add Sections 38007 and 38008 to the Education Code, relating to school safety. amend Section 48205 of the Education Code, relating to pupil attendance.


LEGISLATIVE COUNSEL'S DIGEST


AB 1510, as amended, Jones-Sawyer. School safety: peace officer interactions with pupils and nonpupils. Pupil attendance: excused absences: civic or political events.
Existing law, notwithstanding the requirement that each person between 6 and 18 years of age who is not otherwise exempted is subject to compulsory full-time education, requires a pupil to be excused from school for specified types of absences, including, among others, an absence that is for the purpose of a middle school or high school pupil participating in a civic or political event, as defined, provided that the pupil notifies the school ahead of the absence.
This bill would require the middle school or high school pupil participating in a civic or political event to notify the school at least one day ahead of the absence in order to be excused for the absence.

Existing law, the Interagency School Safety Demonstration Act of 1985, requires school districts and county offices of education to be responsible for the overall development of comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. The act establishes the School/Law Enforcement Partnership, comprised of the Superintendent of Public Instruction and the Attorney General, whose duties include, among others, the development of programs and policies necessary to implement the provisions of the Education Code relating to school safety plans.

Existing law authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and to employ peace officers.

Existing law, the Racial and Identity Profiling Act of 2015, requires, among other things, each state and local agency that employs peace officers to annually report to the Attorney General data on all stops, as defined, conducted by the agency’s peace officers for the preceding calendar year. Existing law requires the reporting to include specified information for each stop, including the time, date, and location of the stop; the reason for the stop; the perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics be based on the observation and perception of the peace officer making the stop, and the information not be requested from the person stopped; and specified actions taken by the peace officer during the stop.

This bill would require the governing board of a school district that establishes a school police department, that contracts with or employs peace officers, or that permits a law enforcement agency to assign peace officers or school resource officers to a schoolsite to require the applicable law enforcement agency to report, on a monthly basis, information similar to that reported under the Racial and Identity Profiling Act of 2015 on all stops, as defined, made at a schoolsite. The bill would require the reports to include additional information relating to the law enforcement agency’s interactions with pupils and nonpupils, as specified. The bill would require the collection and reporting of data pursuant to the bill to be undertaken in accordance with the Racial and Identity Profiling Act of 2015 and its implementing regulations. The bill would require the governing board of a school district to forward the monthly report to the Attorney General within 30 days of receipt and to present an annual report based on the monthly reports from the prior academic year during an open session of a regularly scheduled public meeting of the governing board of the school district. By imposing additional duties on school districts and local law enforcement agencies, the bill would impose a state-mandated local program.

This bill would require a school district, before the beginning of the 2024–25 school year, as a condition of having a school police department to adopt specified policies, or as a condition of entering into or extending, renewing, or substantially amending an agreement with a local law enforcement agency to have one or more regularly assigned peace officers at any of its schools to enter into a memorandum of understanding containing those policies, regarding the scope of peace officer interactions with pupils. The bill would require those policies to include specified elements, including, among others, that school staff only call a peace officer when there is a real and immediate physical threat to pupils, teachers, or public safety or when mandated by existing law, that a peace officer not arrest or discipline pupils for violations of school rules or for low-level misconduct, and that a peace officer not interview or arrest a pupil on a school campus during school hours absent a real and immediate physical threat to pupils, teachers, or public safety. By imposing additional duties on school districts the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 48205 of the Education Code is amended to read:

48205.
 (a) Notwithstanding Section 48200, a pupil shall be excused from school when the absence is:
(1) Due to the pupil’s illness, including an absence for the benefit of the pupil’s mental or behavioral health.
(2) Due to quarantine under the direction of a county or city health officer.
(3) For the purpose of having medical, dental, optometrical, or chiropractic services rendered.
(4) For the purpose of attending the funeral services of a member of the pupil’s immediate family, so long as the absence is not more than one day if the service is conducted in California and not more than three days if the service is conducted outside California.
(5) For the purpose of jury duty in the manner provided for by law.
(6) Due to the illness or medical appointment during school hours of a child of whom the pupil is the custodial parent, including absences to care for a sick child, for which the school shall not require a note from a doctor.
(7) For justifiable personal reasons, including, but not limited to, an appearance in court, attendance at a funeral service, observance of a holiday or ceremony of the pupil’s religion, attendance at a religious retreat, attendance at an employment conference, or attendance at an educational conference on the legislative or judicial process offered by a nonprofit organization, when the pupil’s absence is requested in writing by the parent or guardian and approved by the principal or a designated representative pursuant to uniform standards established by the governing board of the school district.
(8) For the purpose of serving as a member of a precinct board for an election pursuant to Section 12302 of the Elections Code.
(9) For the purpose of spending time with a member of the pupil’s immediate family who is an active duty member of the uniformed services, as defined in Section 49701, and has been called to duty for, is on leave from, or has immediately returned from, deployment to a combat zone or combat support position. Absences granted pursuant to this paragraph shall be granted for a period of time to be determined at the discretion of the superintendent of the school district.
(10) For the purpose of attending the pupil’s naturalization ceremony to become a United States citizen.
(11) For the purpose of participating in a cultural ceremony or event.
(12) (A) For the purpose of a middle school or high school pupil engaging in a civic or political event, as provided in subparagraph (B), provided that the pupil notifies the school at least one day ahead of the absence.
(B) (i) A middle school or high school pupil who is absent pursuant to subparagraph (A) is required to be excused for only one schoolday-long absence per school year.
(ii) A middle school or high school pupil who is absent pursuant to subparagraph (A) may be permitted additional excused absences in the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(13) Authorized at the discretion of a school administrator, as described in subdivision (c) of Section 48260.
(b) A pupil absent from school under this section shall be allowed to complete all assignments and tests missed during the absence that can be reasonably provided and, upon satisfactory completion within a reasonable period of time, shall be given full credit therefor. The teacher of the class from which a pupil is absent shall determine which tests and assignments shall be reasonably equivalent to, but not necessarily identical to, the tests and assignments that the pupil missed during the absence.
(c) For purposes of this section, attendance at religious retreats shall not exceed four hours per semester.
(d) Absences pursuant to this section are deemed to be absences in computing average daily attendance and shall not generate state apportionment payments.
(e) For purposes of this section, the following definitions apply:
(1) A “civic or political event” includes, but is not limited to, voting, poll working, strikes, public commenting, candidate speeches, political or civic forums, and town halls.
(2) “Cultural” means relating to the habits, practices, beliefs, and traditions of a certain group of people.
(3) “Immediate family” means the parent or guardian, brother or sister, grandparent, or any other relative living in the household of the pupil.

SECTION 1.Section 38007 is added to the Education Code, to read:
38007.

(a)Before the beginning of the 2024–25 school year, a school district shall, as a condition of having a police department established pursuant to Section 38000, adopt the policies listed in subdivision (b). Before the beginning of the 2024–25 school year, a school district shall, as a condition of entering into or extending, renewing, or substantially amending an agreement with a local law enforcement agency to have one or more regularly assigned peace officers at any of its schools, enter into a memorandum of understanding with the local law enforcement agency containing the policies listed in subdivision (b). The policies listed in subdivision (b) only address the role of peace officers and are not intended to take away any responsibilities for handling pupil discipline from school staff.

(b)(1)   School staff shall only call a peace officer when there is a real and immediate physical threat to pupils, teachers, or public safety, or when mandated by existing law. A peace officer shall not arrest or discipline pupils for violations of school rules or for low-level misconduct. Counselors and other school officials shall handle bullying, harassment, disruptiveness, vandalism, drug and alcohol abuse, and other nonviolent incidents.

(2)A peace officer shall not interview a pupil on a school campus during school hours absent a real and immediate physical threat to pupils, teachers, or public safety. When a threat necessitates that a peace officer interview a pupil on a school campus, the peace officer shall do all of the following:

(A)Notify the principal immediately when they arrive on campus.

(B)Provide identification, show proper credentials, and cite the legal authority for their actions when deployed to a school campus to question or detain a pupil. If the peace officer refuses to cite the legal authority for the interview, the principal or designee of the principal shall document the refusal, consult with the legal counsel of the school district, and receive approval from the legal counsel before allowing the interview to proceed.

(C)Explain to the school principal the reason for the interview and the reason the interview must be done at school, and obtain consent from the principal before proceeding.

(D)Conduct the interview in a private location outside of instructional time.

(E)Notify the pupil’s parent or guardian before the interview and ask for their consent before commencing the interview.

(F)Advise the pupil of their constitutional rights, including the right to remain silent, and explain to the pupil that anything they say can be used against them in court or otherwise.

(G)Allow the pupil to have their parent or guardian, or, if the parent or guardian is unavailable or if the pupil prefers, a school employee of the pupil’s choosing, present during questioning.

(H)Not restrain or handcuff the pupil during the interview.

(3)A peace officer shall not arrest a pupil on a school campus during school hours absent a real and immediate physical threat to pupils, teachers, or public safety. When a threat necessitates that a peace officer arrest a pupil on a school campus, the peace officer shall do all of the following:

(A)Have a valid warrant.

(B)Explain to the school principal the reason for the arrest and the reason the arrest must be done at school.

(C)Conduct the arrest in a private location.

(D)Advise the pupil of their constitutional rights, including the right to remain silent and the right to an attorney, and explain to the pupil that anything they say can be used against them in court or otherwise.

(E)Notify the pupil’s parent or guardian before the arrest. School staff shall also separately notify the pupil’s parent or guardian immediately upon the arrest, as required by Section 48906.

(c)Within three months of adopting, or entering into a memorandum of understanding that contains, the policies listed in subdivision (b), the school district and the local law enforcement agency shall ensure that a copy of the policies is distributed to each of the entity’s respective employees and that appropriate training regarding the policies and the responsibilities of each employee has been provided to employees. The school district and the local law enforcement agency shall provide any new employee with a copy of the policies listed in subdivision (b) within a week of the employee’s first day of employment. The school district shall include the policies in a handbook annually distributed to pupils and parents pursuant to Section 48980 and shall publicly post the policies on the school district’s internet website.

(d)To ensure transparency and accountability, the governing board of a school district that has a police department established pursuant to Section 38000 or that has an agreement with a local law enforcement agency to have one or more regularly assigned peace officers at any of its schools shall use a comprehensive, easily understood, well-publicized formal complaint process open to pupils, families, and community members to report incidents of possible peace officer misconduct at schools or during interactions with pupils.

(e)For purposes of this section, “peace officer” has the same meaning as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code and includes a peace officer who is employed by a school police department or by a local law enforcement agency in an agreement with a school district to have one or more regularly assigned peace officers at a school.

SEC. 2.Section 38008 is added to the Education Code, to read:
38008.

(a)(1)The governing board of each school district identified in subdivision (b) shall require the chief of the applicable law enforcement agency to provide data, in accordance with subdivisions (c) and (d), on law enforcement interactions with pupils and nonpupils on a monthly basis.

(2)The governing board of a school district shall forward the monthly report to the Attorney General within 30 days of receipt from the reporting law enforcement agency.

(3)On or before December 31, 2024, and each year thereafter, the governing board of a school district shall present an annual report based on the monthly reports from the prior academic year during an open session of a regularly scheduled public meeting of the governing board of the school district.

(b)This section applies to a school district that does one or more of the following:

(1)Establishes a school police department pursuant to Section 38000.

(2)Contracts with or employs peace officers to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district.

(3)Permits a city or county law enforcement agency to directly assign peace officers or school resource officers to one or more of its schoolsites.

(c)The monthly report provided to the governing board of a school district pursuant to paragraph (1) of subdivision (a) shall include data showing all of the following within the law enforcement agency’s jurisdiction, disaggregated by schoolsite and offense:

(1)Schoolsite crime incidents reported to, or observed by, a peace officer assigned to a schoolsite.

(2)The data specified in subdivision (d) for all stops made at a schoolsite, including stops of pupils and nonpupils, in accordance with the data collection and reporting requirements of the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) and its implementing regulations.

(3)The number of times peace officers were called to a schoolsite for matters related to school discipline or minor incidents that did not pose a safety or security risk.

(4)The number of times peace officers contacted pupils not at the schoolsite for matters pertaining to school-related incidents.

(5)(A)The number of complaints against peace officers, disaggregated by the number of complaints lodged against individual peace officers, who shall be identified by the peace officer’s badge number or unique identifying number. The total number of complaints against peace officers shall be further disaggregated by the complaints specifically alleging any of the following:

(i)Injuries or use of excessive force.

(ii)Racial or identity profiling. These statistics shall be disaggregated by the specific type of racial or identity profiling alleged, such as profiling based on a consideration of race, color, ethnicity, national origin, religion, gender identity or expression, sexual orientation, or mental or physical disability.

(B)For each category of complaint identified in subparagraph (A), the statistics reported shall provide the number of complaints within each of the following disposition categories:

(i)“Sustained,” which means that the investigation disclosed sufficient evidence to prove the truth of the allegation in the complaint by a preponderance of the evidence.

(ii)“Exonerated,” which means that the investigation clearly established that the actions of the peace officer that formed the basis of the complaint are not a violation of law or agency policy.

(iii)“Not sustained,” which means that the investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation in the complaint.

(iv)“Unfounded,” which means that the investigation clearly established that the allegation is not true.

(d)The monthly report provided to the governing board of a school district pursuant to paragraph (1) of subdivision (a) shall include, at a minimum, the following information for each stop reported pursuant to paragraph (2) of subdivision (c):

(1)The time, date, and location of the stop.

(2)The reason for the presence of law enforcement at the scene of the stop, such as assignment or call for service.

(3)The reason for the stop.

(4)The result of the stop.

(5)If a warning or citation was issued, the warning provided or violation cited.

(6)If an arrest was made, the offense charged.

(7)Actions taken during the stop, including whether the peace officer handcuffed or restrained a person or used force during the stop.

(8)The perceived race or ethnicity, gender, and approximate age of the person stopped, provided that the identification of these characteristics shall be based on the observation and perception of the peace officer making the stop, and the information shall not be requested from the person stopped. For motor vehicle stops, this paragraph only applies to the driver, unless any actions specified under paragraph (9) apply in relation to a passenger, in which case the characteristics specified in this paragraph shall also be reported for the passenger.

(9)Actions taken by the peace officer during the stop, including, but not limited to, the following:

(A)Whether the peace officer asked for consent to search the person, and, if so, whether consent was provided.

(B)Whether the peace officer searched the person or any property, and, if so, the basis for the search and the type of contraband or evidence discovered, if any.

(C)Whether the peace officer seized any property and, if so, the type of property that was seized and the basis for seizing the property.

(e)(1)If more than one peace officer performs a stop, only one officer is required to collect and report to their agency the information specified in subdivision (c).

(2)The law enforcement agency responsible for providing the monthly report to the governing board of a school district shall not report the name, address, social security number, or other unique personal identifying information of persons stopped, searched, or subjected to a property seizure. Notwithstanding any other law, the data reported shall be made available to the public through the standard process of the governing board of the school district and on the school district’s internet website, except for the badge number or other unique identifying information of the peace officer involved, which shall be released to the public only to the extent that the release is permissible under state law.

(3)All collection and reporting of stop data pursuant to this section shall be undertaken in accordance with the Racial and Identity Profiling Act of 2015 (Chapter 466 of the Statutes of 2015) and its implementing regulations, including the data elements and data values established in those regulations. In addition, the following additional data values for the identified data elements below shall be provided, if applicable:

(A)When reporting the “location of stop” data element pursuant to paragraph (1) of subdivision (d), the peace officer shall provide the name of the school and specify whether the person stopped was a pupil. The peace officer shall also identify a description of the location of the stop, such as a hallway, classroom, schoolsite grounds, or cafeteria.

(B)When reporting the “reason for stop” data element pursuant to paragraph (3) of subdivision (d), the peace officer shall select all of the following additional data values, as applicable:

(i)Investigation to determine whether the pupil violated school policy not otherwise covered by or enumerated in subclause (iii).

(ii)Investigation to determine unauthorized presence on campus.

(iii)Investigation to determine whether the pupil stopped was engaged in conduct warranting discipline under Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7.

(iv)Investigation to determine whether the pupil stopped was engaged in other unlawful conduct.

(C)When reporting the “basis for search” data element pursuant to subparagraph (B) of paragraph (9) of subdivision (d), the peace officer shall select the following additional data values, if applicable:

(i)Suspected violation of school policy.

(ii)Suspected conduct warranting discipline under Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7.

(D)When reporting the “basis for property seizure” data element pursuant to subparagraph (C) of paragraph (9) of subdivision (d), the peace officer shall select the following additional data values, if applicable:

(i)Suspected violation of school policy.

(ii)Suspected conduct warranting discipline under Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7.

(E)When reporting the “result of stop” data element pursuant to paragraph (4) of subdivision (d), the peace officer shall select the following additional data values, if applicable:

(i)Referral to a school administrator.

(ii)Referral to a school counselor.

(iii)Referral to a nonschool agency or organization, such as a mental health service provider.

(iv)Verbal or written warning.

(v)Citation.

(vi)Detainment.

(vii)Arrest.

(4)All data and reports made pursuant to this section are public records within the meaning of subdivision (e) of Section 6252 of the Government Code, and are open to public inspection pursuant to Sections 6253 and 6258 of the Government Code, as those sections read immediately before January 1, 2023.

(5)The data described in subdivisions (c) and (d) are the minimum that a reporting law enforcement agency shall be required to collect and report to the governing board of a school district. Nothing in this section prohibits a law enforcement agency from voluntarily collecting additional data.

(f)For purposes of this section, the following terms have the following meanings:

(1)“Data element” means a category of information the reporting peace officer reports regarding a stop.

(2)“Data value” means a component or characteristic of a data element to be used in reporting each data element.

(3)“Law enforcement agency” means a school police department established pursuant to Section 38000 or a city or county law enforcement agency or individual that provides security or law enforcement services to a school district or a schoolsite.

(4)“Peace officer” means an individual who is a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code or school resource officer as defined by Section 10389(4) of Title 34 of the United States Code, and who is employed by, contracts with, or is assigned to a schoolsite governed by a school district maintaining kindergarten or any of grades 1 to 12, inclusive.

(5)“Pupil” means a person who is enrolled in kindergarten or any of grades 1 to 12, inclusive, at a public school.

(6)“Stop” means the detention by a peace officer of a person, or any peace officer interaction with a person in which the peace officer conducts a search, including a consensual search, of the person’s body or property in the person’s possession or control. For purposes of this section, “stop” also includes the following interactions between peace officers and pupils:

(A)An interaction that results in taking temporary custody of the pupil under Section 625 or 5150 of the Welfare and Institutions Code, citation, arrest, permanent seizure of property as evidence of a criminal offense, or referral to a school administrator because of suspected criminal activity.

(B)An interaction in which the pupil is being questioned for the purpose of investigating whether the pupil committed a violation of law.

(C)An interaction in which the pupil is being questioned for purposes of investigating to determine whether the pupil violated Section 48900, 48900.2, 48900.3, 48900.4, or 48900.7.

(7)“School-related incident” means a criminal incident occurring or originating at a school district schoolsite during hours the schoolsite is regularly open to the public or pupils for school-related business.

(8)“Schoolsite” means a facility used for kindergarten, elementary school, or secondary school purposes and includes buildings or structures, playgrounds, athletic fields, or any other area of school property visited or used by pupils. When a peace officer provides safety and security services for a school-sponsored event, “schoolsite” also includes a location where the school-sponsored event is being held for the duration of the event.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.