Bill Text: CA AB99 | 2021-2022 | Regular Session | Amended
Bill Title: School safety: crisis intervention and targeted violence prevention program.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2022-08-31 - Ordered to inactive file at the request of Senator Stern. [AB99 Detail]
Download: California-2021-AB99-Amended.html
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Amended
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August 11, 2022 |
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August 01, 2022 |
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June 08, 2022 |
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Amended
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April 27, 2021 |
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February 12, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 99
| Introduced by Assembly Member Irwin (Principal coauthor: Senator Portantino) |
December 09, 2020 |
An act to amend Section 32282 of, and to add Section 32289.3 to, the Education Code, relating to school safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 99, as amended, Irwin.
School safety: crisis intervention and targeted violence prevention program.
Existing law requires school districts and county offices of education to be responsible for the overall development of a comprehensive school safety plan for each of their schools operating a kindergarten or any of grades 1 to 12, inclusive. Existing law requires a comprehensive school safety plan to include, among other things, procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. Existing law requires, commencing January 1, 2023, a school official whose duties involve regular contact with pupils in any of grades 6 to 12, inclusive, as part of a middle school or high school, and who is alerted to or observes any threat or perceived threat, as defined, to immediately report the threat
or perceived threat to law enforcement, as provided. Existing law requires, commencing January 1, 2023, with the support of the local educational agency, the local law enforcement agency or schoolsite police, as applicable, to immediately conduct an investigation and threat assessment, as specified. Existing law requires the investigation and threat assessment to include a review of the firearm registry of the Department of Justice and, if justified by a reasonable suspicion that it would produce evidence related to the threat or perceived threat, a schoolsite search.
This bill would require the governing board of a school district to adopt policies within the comprehensive school safety plan, on or before August 1, 2023, for the establishment of a crisis intervention and targeted violence prevention program that assists in the identification and assessment of pupils whose behavior may indicate a threat that is not imminent to the health and
safety of pupils, school staff, or other community members and that provides referrals to appropriate services. The bill would require those policies to include, among other things, provisions requiring each school district to establish at least one multidisciplinary threat assessment and resource team and provisions identifying how this team will identify threats and distinguish the types of threatening behavior that may represent a physical threat to the school community, as provided. If, after an investigation and assessment in response to a report of a threat or perceived threat described above, the law enforcement agency determines the threat or perceived threat is not imminent, the bill would authorize the law enforcement agency to refer the identified pupil to the local educational agency’s multidisciplinary threat assessment and resources team. Under the bill, a school district and any of its employees acting within
the scope of their employment would be immune from civil liability for any damages allegedly caused by, arising out of, or relating to compliance with these requirements, except as provided. By imposing new duties on school districts, the bill would impose a state-mandated local program. The bill would require the State Department of Education to make materials pertaining to multidisciplinary threat assessment and resource teams available on its internet website and to update those materials as necessary.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) According to the 2015–17 California Healthy Kids Survey:
(1) More than one-third of pupils do not feel “safe” or “very safe” at school.
(2) More than one in 10 pupils has seen or been threatened with a weapon on campus.
(3) Nearly one-third of pupils have experienced chronic sadness or hopelessness.
(4) At least 16 percent of pupils
contemplated suicide in the previous year.
(b) According to the United States Secret Service, in four out of five school shootings, the attacker had told people of their plans ahead of time. Perpetrators often had verbal, physical, and
behavioral indicators that they were planning and plotting to harm others, such as expressing suicidal ideations or instances of bullying.
(c) A safe school environment is crucial to the healthy academic and social development of pupils. Perceived and actual safety also impact a range of outcomes, from staff retention to parent satisfaction. Most importantly, pupil perceptions of safety affect their academic achievement and engagement in learning.
(d) Research has shown that when implemented correctly, the use of behavioral threat assessment teams do not result in disparities among Black, Hispanic, and White pupils in terms of out-of-school suspensions, school transfers, or legal actions.
SEC. 2.
It is the intent of the Legislature to accomplish both of the following:(a) Create and promote a safe school climate built on a culture of safety, respect, trust, and emotional support, including by encouraging communication, intervening in conflicts and bullying, and empowering pupils to share their concerns.
(b) Use behavioral threat assessment teams to uphold the rights afforded to pupils by the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) (IDEA) and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794). Threat assessment
and individualized education program teams must work together to ensure pupils rights and specific needs are balanced with school safety. The threat assessment process does not remove any pupils’ legal rights or protections afforded through IDEA or Section 504 of the federal Rehabilitation Act of 1973. Threat assessment teams must operate with an understanding of the impact that IDEA regulations have on decisions made during the threat assessment process for pupils with disabilities.
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 Alfred E. Alquist 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. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(II) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their 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, 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 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 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. A 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) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.
(J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K) Policies for the establishment of a crisis intervention and targeted violence prevention program pursuant to Section 32289.3.
(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, 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.
(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 pursuant to subdivision (a) of Section 32288.
(g) The department shall maintain and conspicuously post on its
internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
SEC. 4.
Section 32289.3 is added to the Education Code, to read:32289.3.
(a) On or before August 1, 2023, the governing board of a school district shall adopt policies within the comprehensive school safety plan pursuant to Section 32282 for the establishment of a crisis intervention and targeted violence prevention program. The program shall assist in the identification and assessment of pupils whose behavior may indicate a threat that is not imminent to the health and safety of pupils, school staff, or other community members, and shall provide referrals to appropriate services.(b) The policies adopted pursuant to subdivision (a) shall include provisions requiring the school district to establish at least one multidisciplinary threat assessment and resource team. Local educational agencies may establish teams at the county, district, regional, local district, and schoolsite levels as they deem appropriate. Multidisciplinary threat assessment and resources teams shall augment and be incorporated with, rather than replace, any existing multitiered support systems that have purposes that overlap or are similar to those of this section.
(1) (A) (i) A multidisciplinary threat assessment and resource team shall include, but is not limited to, school and school district personnel, mental health professionals, and a law enforcement representative.
(ii) Notwithstanding clause (i), a school district may decide to not include a law enforcement representative on their multidisciplinary threat assessment and resource team if the district consults with a representative from law enforcement in the writing and development of the policies adopted pursuant to subdivision (a).
(B) For purposes of this paragraph, school and school district personnel may include instructional staff, classified employees, and administrators.
(C) For purposes of this paragraph, mental health professionals may include school counselors, school social workers, school nurses, school psychologists, or other appropriately credentialed professionals in the community.
(D) For purposes of this paragraph, a law enforcement representative may include a school resource officer, a member of a school police force, or another sworn peace officer from the appropriate law enforcement agency.
(2) A multidisciplinary threat assessment and resource team is encouraged to include community partners that provide wraparound supportive services, to the extent those services are available.
(3) If a pupil referred to a
multidisciplinary threat assessment and resource team has previously been assigned an individualized education program, the multidisciplinary threat assessment and resource team shall coordinate with the appropriate special education administrator or instructor who is familiar with the pupil’s individualized education program.
(4) Each schoolsite shall designate at least one administrator to act as a liaison with the appropriate multidisciplinary threat assessment and resource team.
(c) The policies adopted pursuant to subdivision (a) shall be consistent with recommendations by the National Threat Assessment Center, which are publicly available from the United States Secret Service, or evidence-based best practices identified by the department.
(d) The policies adopted pursuant to subdivision (a) shall do all of the following:
(1) Identify how the team will identify threats and distinguish the types of threatening behavior that may represent a physical threat to the school community.
(2) Identify members within the school community to whom threatening behaviors should be reported, what methods should be used to make those reports, and the steps to be taken after a report is received.
(3) Utilize evidence-based trainings and materials that reflect the unique needs and circumstances of the school district to train members of a multidisciplinary threat assessment and resource team.
(4) Establish procedures that include when and how the team will assess pupils and the practices for maintaining documentation, identifying sources of information, reviewing records, and conducting interviews consistent with existing law, including individual privacy and medical rights.
(5) Establish procedures for notifying parents and guardians of pupils referred to multidisciplinary threat assessment and resource teams.
(6) Establish risk management options to use as necessary to deter acts of violence, including, but not limited to, creating individualized plans to mitigate identified risks and promote a safe school environment.
(7) Establish
procedures for referrals to health care providers or other appropriate community resources for evaluation or treatment, where possible.
(8) Establish procedures and protocols for coordinating with local law enforcement.
(9) Establish a communications plan to inform pupils, parents and guardians, and community members of the role and membership of multidisciplinary threat assessment and resource teams, including the posting of relevant information on the internet websites of schools or school districts.
(e) In adopting policies pursuant to subdivision (a), governing boards of school districts are encouraged to include investigative themes to guide the assessment process, as recommended by the National Threat Assessment
Center, including, but not limited to, all of the following:
(1) Motive.
(2) Communications.
(3) Inappropriate interests.
(4) Weapons access.
(5) Stressors.
(6) Emotional and developmental issues.
(7) Desperation or despair.
(8) Violence as an option.
(9) Concerned others.
(10) Capacity.
(11) Planning.
(12) Consistency.
(13) Protective factors.
(f) (1) The governing board of a school district may establish a committee to oversee the multidisciplinary threat assessment and resource team or teams operating within the school district. The oversight committee may be an existing committee established by
the school district. The membership of the oversight committee may include, but is not limited to, individuals with expertise in human resources, civil rights, school administration, behavioral or mental health, and law enforcement and parents and guardians.
(2) An oversight committee established pursuant to paragraph (1) may require periodic reports from multidisciplinary threat assessment and resource teams that summarize and evaluate the activities of the teams consistent with existing laws, including those protecting individual privacy and medical rights.
(g) A school district that has a memorandum of understanding with a local law enforcement agency is encouraged to incorporate the applicable requirements of this section into that memorandum of
understanding.
(h) The department shall make materials pertaining to multidisciplinary threat assessment and resource teams available on its internet website and shall update those materials as necessary. The department is encouraged to use existing resources that are consistent with the recommendations by the National Threat Assessment Center.
(i) (1) Nothing in this section shall limit the ability of local educational agencies to bypass the multidisciplinary threat assessment and resource team and contact law enforcement when there is an imminent threat to the safety of pupils, school staff, or community members.
This section does not alter the requirements or authority in Sections 49393 and 49394 for a school official who is alerted to or observes any threat or perceived threat, as defined in subdivision (e) of Section 49390, to immediately report the threat or perceived threat to law enforcement, as defined in subdivision (a) of Section 49390, who shall then immediately conduct an investigation and assessment of the threat or perceived threat as required by Section 49394.
(2) If, after an investigation and assessment conducted pursuant to Section 49394, it is determined by the law enforcement agency who conducted the investigation and assessment that the threat or perceived threat, as defined in subdivision (e) of Section 49390, is not imminent, the law enforcement agency may nonetheless refer the identified pupil to the local
educational agency’s multidisciplinary threat assessment and resources team.
(j) (1) Except as provided in paragraph (2), a school district and any of its employees acting within the scope of their employment are immune from civil liability for any damages allegedly caused by, arising out of, or relating to compliance with the requirements of this section.
(2) Paragraph (1) shall not apply to an act by the school district, its employee, or any other person acting pursuant to the authority of the school district that constitutes any of the following:
(A) Gross negligence, recklessness, or willful or wanton misconduct.
(B) A crime.
(C) A violation of any provision
within this article.
