Bill Text: CA AB452 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 452 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Pupil safety: parental notification: firearm safety laws.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2022-08-29 - Chaptered by Secretary of State - Chapter 199, Statutes of 2022. [AB452 Detail]

Download: California-2021-AB452-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 452

Introduced by Assembly Member Friedman

February 08, 2021

An act to add Section 48980.5 to the Education Code, relating to pupil safety.

LEGISLATIVE COUNSEL'S DIGEST

AB 452, as introduced, Friedman. Pupil safety: parental notification: firearm safety laws.

The Interagency School Safety Demonstration Act of 1985 requires school districts and county offices of education to be responsible for the overall development of all comprehensive school safety plans for their schools operating kindergarten or any of grades 1 to 12, inclusive.

Existing law requires the governing board of a school district, at the beginning of the first semester or quarter of the regular school term, to notify parents or guardians of minor pupils of specified rights and responsibilities of the parent or guardian and of specified school district policies and procedures.

This bill would require a school district, county office of education, charter school, private school, and the Superintendent of Public Instruction, as applicable, to inform parents and guardians of pupils at the beginning of each semester or quarter of the regular school term and during any new enrollment or transfer, of California’s child access prevention laws and laws relating to the safe storage of firearms, as specified. By imposing additional duties on school districts, county offices of education, and charter schools, the bill would impose a state-mandated local program. The bill would require the State Department of Education to develop, in consultation with the Department of Justice, and annually provide to school districts, county offices of education, charter schools, and private schools the appropriate content to use for the notice. The bill would make a school district, county office of education, charter school, private school, and the Superintendent immune from civil liability for any damages relating to the notification.

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: YES Local Program: YES

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

SECTION 1.

Section 48980.5 is added to the Education Code, to read:

48980.5.

(a) (1) A local educational agency, private school, or the Superintendent, as applicable, shall inform, through a notice in the manner prescribed in this section, the parents or guardians of each enrolled pupil of California’s child access prevention laws and laws relating to the safe storage of firearms, including, but not limited to, Division 4 (commencing with Section 25000) of Title 4 of Part 6 of the Penal Code.

(2) The notice shall be provided at the beginning of each semester or quarter of the regular school term, or, for a pupil who enrolls after the beginning of a semester or quarter, including a pupil who transfers to a new school, the notice shall be provided at the time of that pupil’s enrollment or transfer and then at the beginning of each semester or quarter of the regular school term.

(3) A pupil is enrolled for purposes of paragraph (1) regardless of whether the pupil is engaged in or authorized for in-person instruction, private school instruction, or, because of the COVID-19 pandemic or another reason, for distance learning or a mix of in-person and distance learning.

(4) The Superintendent shall be responsible only for the notice to the parents or guardians of a pupil enrolled in a private home school operated by the pupil’s parent or guardian. The Superintendent may require the filing of a supplement to the affidavit required in Section 33190 to identify the pupils enrolled in a private home school operated by their parents or guardians.

(b) The notice described in subdivision (a) may be made using any of the methods described in Section 48981 that apply.

(c) The department shall develop, in consultation with the Department of Justice, and annually provide in a concise manner to local educational agencies and private schools, the appropriate content to use for the notice required pursuant to subdivision (a).

(d) A local educational agency, a private school, and the Superintendent are immune from civil liability for any damages allegedly caused by, arising out of, or relating to the notice required pursuant to subdivision (a).

(e) For purposes of this section, the following definitions apply:

(f) “Distance learning” means instruction in which the pupil and instructor are in different locations and pupils are under the general supervision of a certificated employee of the local educational agency.

(1) “In-person instruction” means instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil.

(2) “Local educational agency” means a school district, county office of education, or charter school.

(3) “Private school” means a person, firm, association, partnership, or corporation offering or conducting private school instruction in the state.

(4) “Private school instruction” means instruction at the elementary or high school level for one or more pupils who are 6 to 18 years of age, inclusive. Private school instruction includes, but is not limited to, instruction by conventional or traditional private schools, private school satellite programs, private online or virtual schools, parents, guardians, or other individuals who operate a private home school, and certified nonpublic nonsectarian schools.

SEC. 2.

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.