Bill Text: CA AB58 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: School safety plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB58 Detail]

Download: California-2015-AB58-Introduced.html

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BILL NUMBER: AB 58	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Rodriguez

                        DECEMBER 2, 2014

   An act to amend Sections 32280, 32281, 32282, 32286, and 32288 of,
to add Sections 32286.1, 32288.1, and 32289.5 to, and to repeal
Section 32289 of, the Education Code, relating to school safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 58, as introduced, Rodriguez. School safety plans.
   (1) Existing law provides that school districts and county offices
of education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop the school safety plan relevant to the needs and
resources of the particular school. Existing law requires a
schoolsite council or school safety planning committee, before
adopting a school safety plan, to hold a public meeting at the
schoolsite, as specified. Existing law requires schools to forward
copies of their school safety plans to the school district or county
office of education for approval. Existing law requires school
districts and county offices of education annually to notify the
State Department of Education regarding schools that fail to adopt a
school safety plan.
   This bill would revise and recast those procedures. The bill would
require each school to adopt its comprehensive school safety plan by
March 1, 2016, and to review and update its plan by March 1 of every
3rd year thereafter. The bill would require, no later than October
15, 2016, and every 3rd year thereafter, each superintendent of a
school district or county office of education to provide written
notification to the Superintendent of Public Instruction identifying
each school within the school district or county that has not
complied with the requirement to adopt a comprehensive school safety
plan. The bill would require certain school administrators to keep
and maintain a copy of the most recent comprehensive school safety
plan, as provided. The bill would require the department to monitor
compliance with these provisions using an existing monitoring
framework. By requiring school and local educational agency officers
to perform additional duties, the bill would impose a state-mandated
local program.
   (2)  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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 32280 of the Education Code is amended to read:

   32280.   (a)    It is the intent of the
Legislature that all California public schools, in kindergarten, and
grades 1 to 12, inclusive, operated by school districts, in
cooperation with local law enforcement agencies, community leaders,
parents, pupils, teachers, administrators, and other persons who may
be interested in the prevention of campus crime and violence, develop
a comprehensive school safety plan that addresses the safety
concerns identified through a systematic planning process. 
For the purposes of this section, law enforcement agencies include
local police departments, county sheriffs' offices, school district
police or security departments, probation departments, and district
attorneys' offices. For purposes of this section, a "safety plan"
means a plan to develop strategies aimed at the prevention of, and
education about, potential incidents involving crime and violence on
the school campus.  
   (b) (1) For purposes of this article, law enforcement agencies
include local police departments, county sheriffs' offices, school
district police or security departments, probation departments, the
Attorney General, any district attorney, or any city attorney. 

   (2) For purposes of this article, "safety plan" means a plan to
develop strategies aimed at the prevention of, and education about,
potential incidents involving crime and violence on the school
campus.  
   (3) For purposes of Sections 32281 and 32282, "principal" includes
the principal's designee. 
  SEC. 2.  Section 32281 of the Education Code is amended to read:
   32281.  (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools operating kindergarten or any of grades
1 to 12, inclusive.
   (b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
former Section 52012, as it existed before July 1, 2005, or Section
52852 shall write and develop a comprehensive school safety plan
relevant to the needs and resources of that particular school.
   (2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
   (A) The  principal or the principal's designee. 
 principal. 
   (B) One teacher who is a representative of the recognized
certificated employee organization.
   (C) One parent whose child attends the school.
   (D) One classified employee who is a representative of the
recognized classified employee organization.
   (E) Other members, if desired.
   (3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
comprehensive school safety plan.
   (4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.

   (c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
   (d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
   (2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
   (e) (1)  When   If    a
principal  or his or her designee  verifies through
local law enforcement officials that a report has been filed of the
occurrence of a violent crime on the schoolsite of an elementary or
secondary school at which he or she is the principal, the principal
 or the principal's designee  may send to each pupil'
s parent or legal guardian and each school employee a written notice
of the occurrence and general nature of the crime. If the principal
 or his or her designee  chooses to send the written
notice, the Legislature encourages the notice be sent no later than
the end of business on the second regular  work day 
 workday  after the verification. If, at the time of
verification, local law enforcement officials determine that
notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by the
local law enforcement agency and the school district. For purposes of
this section,  an act that is considered  a
"violent crime"  shall meet the definition  
means a Part 1 violent crime as defined in paragraph (2)  of
 subdivision (i) of  Section 67381 and  be 
 is  an act for which a pupil could or would be expelled
pursuant to Section 48915.
   (2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
   (f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law enforcement
officials, elect to not have its schoolsite council develop and write
those portions of its comprehensive school safety plan that include
tactical responses to criminal incidents that may result in death or
serious bodily injury at the schoolsite. The portions of a school
safety plan that include tactical responses to criminal incidents may
be developed by administrators of the school district or county
office of education in consultation with law enforcement officials
and with a representative of an exclusive bargaining unit of
employees of that school district or county office of education, if
he or she chooses to participate. The school district or county
office of education may elect not to disclose those portions of the
comprehensive school safety plan that include tactical responses to
criminal incidents.
   (2) As used in this article, "tactical responses to criminal
incidents" means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.
   (3) Nothing in this subdivision precludes the governing board of a
school district or county office of education from conferring in a
closed session with law enforcement officials pursuant to Section
54957 of the Government Code to approve a tactical response plan
developed in consultation with those officials pursuant to this
subdivision. Any vote to approve the tactical response plan shall be
announced in open session following the closed session.
   (4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.
  SEC. 3.  Section 32282 of the Education Code is amended to read:
   32282.  (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
   (1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
   (2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
   (A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
   (B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
   (i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A school district or county office
of education may work with the Office of Emergency Services and the
Seismic Safety Commission to develop and establish the earthquake
emergency procedure system. The system shall include, but not be
limited to, all of the following:
   (I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
   (II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
   (III) Protective measures to be taken before, during, and
following an earthquake.
   (IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
   (ii) Establishing a procedure to allow a public  agency,
  agency or nongovernmental organization, 
including the American Red Cross, to use school buildings, grounds,
and equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The school
district or county office of education shall cooperate with the
public agency  or nongovernmental organization  in
furnishing and maintaining the services as the school district or
county office of education may deem necessary to meet the needs of
the community.
   (C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts  which
  that  would lead to suspension, expulsion, or
mandatory expulsion recommendations pursuant to Article 1 (commencing
with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title
2.
   (D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
   (E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
   (F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school
 or the person designated by the principal  . For
purposes of this paragraph, "gang-related apparel" shall not be
considered a protected form of speech pursuant to Section 48950.
   (G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
   (H) A safe and orderly environment conducive to learning at the
school. 
   (I) Procedures related to individuals with guns on school campuses
and at school-related functions, including, but not limited to,
training programs related to active shooters and active terrorists,
based on drill and exercise guidelines developed by the National
Association of School Psychologists.  
   (I) 
    (J)  The rules and procedures on school discipline
adopted pursuant to Sections 35291 and 35291.5.
   (b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
   (c) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
   (d) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated  at least once a year,   by
March 1, 2016, and every third year thereafter,  to ensure that
the comprehensive school safety plan is properly implemented. An
updated file of all safety-related plans and materials shall be
readily available for inspection by  the public 
 law enforcement and school employees  .
   (e) As comprehensive school safety plans are reviewed and updated,
the Legislature encourages all plans, to the extent that resources
are available, to include policies and procedures aimed at the
prevention of bullying. 
   (f) The comprehensive school safety plan, as written and updated
by the schoolsite council or school safety planning committee, shall
be submitted for approval under subdivision (a) of Section 32288.

  SEC. 4.  Section 32286 of the Education Code is amended to read:
   32286.  (a) Each school shall adopt its comprehensive school
safety plan by March 1,  2000,   2016,  and
shall review and update its plan by March  1,  
1 of  every  third  year thereafter. A new school
campus that begins offering classes to pupils after March 1, 2001,
shall adopt a comprehensive school safety plan within one year of
initiating operation, and shall review and update its plan by March
 1,   1 of  every  third  year
thereafter.  This subdivision does not limit a school from
updating its comprehensive school safety plan prior to every third
year. 
   (b)  Commencing in   No later than  
 July  2000,   31, 2016,  and every
 July   year  thereafter,  each
school   the principal  shall  accurately 
report on the status of  its school   the
school's  safety  plan,   plan for the
upcoming school year,  including a description of its key
elements in the annual school accountability report card prepared
pursuant to Sections 33126 and 35256.  The report shall include,
but is not limited to, the date the school safety plan was adopted
and a description of the safety plan's elements as set forth in
Section 32282.  
   (c) Each school principal shall provide written or electronic
notice to each teacher and classified employee of that school that
the adopted school safety plan is readily available for inspection.

  SEC. 5.  Section 32286.1 is added to the Education Code, to read:
   32286.1.  No later than October 15, 2016, and every third year
thereafter, each superintendent of a school district or county office
of education shall provide written notification to the
Superintendent identifying each school within the school district or
county that has not complied with Section 32281 or subdivision (b) of
Section 32286 for that school year.
  SEC. 6.  Section 32288 of the Education Code is amended to read:
   32288.  (a) In order to ensure compliance with this article, each
school shall forward its comprehensive school safety plan to the
school district or county office of education for approval.
   (b) (1)  (A)    Before adopting its
comprehensive school safety plan, the schoolsite council or school
safety planning committee shall hold a public meeting at the
schoolsite in order to allow members of the public the opportunity to
express an opinion about the school safety plan. 
   (B) Confidential information relating to tactical responses to
criminal incidents, pursuant to paragraph (1) of subdivision (f) of
Section 32281, shall not be included at the public meeting. 
   (2) The schoolsite council or school safety planning committee
shall notify, in writing, the following persons and entities, if
available, of the public meeting:
   (A) The local mayor.
   (B) A representative of the local school employee organization.
   (C) A representative of each parent organization at the
schoolsite, including the parent teacher association and parent
teacher clubs.
   (D) A representative of each teacher organization at the
schoolsite.
   (E) A representative of the student body government.
   (F) All persons who have indicated they want to be notified.
   (3) The schoolsite council or school safety planning committee is
encouraged to notify, in writing, the following persons and entities,
if available, of the public meeting:
   (A) A representative of the local churches.
   (B) Local civic leaders.
   (C) Local business organizations. 
   (c) In order to ensure compliance with this article, each school
district or county office of education shall annually notify the
State Department of Education by October 15 of any schools that have
not complied with Section 32281. 
  SEC. 7.  Section 32288.1 is added to the Education Code, to read:
   32288.1.  (a) Each principal shall keep and maintain a copy of the
most recent comprehensive school safety plan for that school.
   (b) Each superintendent of a school district or county office of
education shall keep and maintain a copy of the most recent
comprehensive school safety plan filed pursuant to Section 32288 and
a copy of every notification made pursuant to Section 32286.1.
   (c) (1) All books, documents, records, and other papers kept and
maintained pursuant to subdivisions (a) and (b) shall be open for
inspection and copying, during business hours at a district office or
during school hours at a school, on business days, excluding legal
holidays, within 48 hours of a written, verbal, or electronic request
by a law enforcement agency described in Section 32280.
   (2) An electronic version of a book, document, record, or other
paper shall be sufficient to satisfy the requirements of paragraph
(1).
  SEC. 8.  Section 32289 of the Education Code, as added by Section 1
of Chapter 272 of the Statutes of 2004, is repealed. 
   32289.  A complaint of noncompliance with the school safety
planning requirements of Title IV of the federal No Child Left Behind
Act of 2001, 20 U.S.C. Sec. 7114(d)(7), may be filed with the
department under the Uniform Complaint Procedures as set forth in
Chapter 5.1 (commencing with Section 4600) of Title 5 of the
California Code of Regulations. 
  SEC. 9.  Section 32289.5 is added to the Education Code, to read:
   32289.5.  The department shall monitor compliance with this
article using an existing monitoring framework.
  SEC. 10.   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.