Bill Text: CA SB634 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School safety plans: safety drills.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB634 Detail]
Download: California-2013-SB634-Amended.html
Bill Title: School safety plans: safety drills.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB634 Detail]
Download: California-2013-SB634-Amended.html
BILL NUMBER: SB 634 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 17, 2013
INTRODUCED BY Senator Price
FEBRUARY 22, 2013
An act to amend Sections 32280 and 32282 of, and to add Chapter
5.8 (commencing with Section 51950) to, to add Chapter 5.9
(commencing with Section 51970) to, and to repeal Article 5
(commencing with Section 51260) of Chapter 2 of, Part 28 of Division
4 of Title 2 of, the Education Code, relating to school safety.
LEGISLATIVE COUNSEL'S DIGEST
SB 634, as amended, Price. School safety plans: safety drills and
instruction.
Existing law requires each school district and county office of
education to be responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the comprehensive school safety plan
to both assess the current status of school crime committed on school
campuses and at school-related functions, and identify appropriate
strategies and programs that will provide or maintain a high level of
school safety, as specified.
This bill would, in addition, require a comprehensive school
safety plan to establish minimum requirements and standards
procedures for schools to follow when
conducting school safety drills and reviewing school emergency and
crisis response plans, and encourage schools and first responders to
work together for the safety of pupils by requiring school evacuation
drills and law enforcement lockdown drills, as specified. The bill
would also require schools, during each school year, to conduct a
minimum of 2 school evacuation drills to prepare pupils and school
personnel for fire incidents, conducting school safety
drills. The bill would require each school during each school year
to conduct a minimum number of school evacuation drills relating to
fire incidents, as provided, and authorize schools to conduct
other school evacuations, as specified. The bill would also require
schools to conduct at least one law enforcement school lockdown
drill. The bill would authorize schools, school districts, and county
offices of education preparing for and executing these drills to
work with local first responders and law enforcement agencies, as
specified. By imposing additional duties on school districts, county
offices of education, and schools, the bill would impose a
state-mandated local program.
This bill would require the State Department of Education to make
available information on model comprehensive school safety plans and
training programs. The bill would require the department to prepare
and distribute to school districts and county offices of education
guidelines for incorporating in-service training in comprehensive
school safety plan implementation, as provided. The bill would
require the department, upon request, to assist school districts and
county offices of education in developing comprehensive school safety
plan in-service training programs, as defined, and assist the school
districts and county offices of education to qualify for federal and
state funds for these purposes. The bill would require the
department to collaborate with other state agencies that administer
emergency and crisis preparedness, safety planning, and violence
prevention education programs to streamline the process whereby local
education agencies apply for state and federal school safety funds.
The bill would require the department to develop an ongoing statewide
monitoring and assessment system to provide current and reliable
data on the use of resources for programs for school safety.
The bill would move existing law relating to drug and gang
violence to a new chapter of the Education Code and make conforming
changes to that law.
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.
(b) For the purposes of this section:
(1) Law enforcement agencies include local police departments,
county sheriffs' offices, school district police or security
departments, probation departments, and district attorneys' offices.
(2) First responders include local fire departments, emergency
medical responders, and emergency management officials.
(3) "Safety plan" means a developed plan of strategies that are
coordinated with first responders and law enforcement agencies and
aimed at the prevention of, education about, and response to
potential incidents involving natural disasters, crime, and violence
on or near the school campus.
SEC. 2. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, all 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 California Emergency Management
Agency 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 each 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 each 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 a 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 and 35291.5.
(3) Establishing minimum requirements and standards
procedures for schools to follow when
conducting school safety drills and reviewing
school emergency and crisis response plans, and encouraging schools
and first responders to work together for the safety of pupils.
Communities and schools may exceed these requirements and standards
.
(A) All school
districts and county offices of education shall incorporate the
following safety drills into their School safety
drills shall be incorporated into the comprehensive school
safety plans and all schools plan,
and each school shall administer the drills as follows:
(i) School evacuation drills that prepare pupils and school
personnel to respond to situations under which conditions outside of
school buildings are safer than conditions inside school buildings.
Incidents that cause the need to evacuate may vary based on school
location and may include, but are not limited to, the following:
(I) Fire.
(II) Suspicious items.
(III) Hazardous materials incidents.
(IV) Bomb threats.
(V) Shooting incidents on school grounds.
(ii) Law enforcement school lockdown drills that prepare pupils
and school personnel to respond to situations in which conditions
inside school buildings are safer than conditions outside school
buildings. Incidents that cause a school lockdown and law enforcement
intervention may vary based on the school's location and may
include, but are not limited to, the following:
(I) Suspicious items and persons.
(II) Hazardous materials incidents.
(III) Bomb threats.
(IV) Shooting incidents near school grounds.
(B) During each school year, each school shall conduct a minium of
two school evacuation drills to prepare pupils and school personnel
for fire incidents. A school may conduct additional evacuation drills
for other evacuation incidents, including, but not limited to,
suspicious items, bomb threats, hazardous materials incidents, and
on-campus shooting incidents.
(A) During each school year, each school shall conduct at least
the minimum number of school evacuation drills to prepare pupils and
school personnel for fire incidents as are required by Section 32001.
A school may conduct additional evacuation drills for other
incidents that may require evacuation, including, but not limited to,
suspicious items, bomb threats, hazardous materials incidents,
on-campus shooting incidents, and other situations under which
conditions outside of school buildings are safer than conditions
inside school buildings.
(C)
(B) During each school year, each school shall conduct
a minimum of one law enforcement school lockdown drill to prepare
pupils, school personnel, and law enforcement personnel for
a law enforcement lockdown incident to respond to
situations in which conditions inside school buildings are safer than
conditions outside school buildings . This drill may include,
but is not limited to, responses to suspicious items or persons,
hazardous materials incidents, bomb threats, and shooting incidents
on or near school grounds.
(D)
(C) In the preparation for and execution of the drills
referred to in subparagraphs (B) and (C)
subparagraph (A) or (B) , the school, school district, or
county office of education conducting these drills may work with
local first responders and law enforcement agencies to formulate
safety plans and to prepare and execute safety drills.
(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) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) 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.
(e) 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.
(f) 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.
(g) 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. 3. Article 5 (commencing with Section 51260) of Chapter 2 of
Part 28 of Division 4 of Title 2 of the Education Code is repealed.
SEC. 4. Chapter 5.8 (commencing with Section 51950) is added to
Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 5.8. DRUG AND GANG VIOLENCE EDUCATION
51950. (a) Instruction shall be given in the elementary and
secondary schools by appropriately trained instructors on drug
education and the effects of the use of tobacco, alcohol, narcotics,
restricted dangerous drugs, as defined in Section 11032 of the Health
and Safety Code, and other dangerous substances.
(b) For purposes of this chapter, an "appropriately trained
instructor" is one who, based upon the determination of the site
administrator, demonstrates competencies in interacting in a positive
manner with children and youth; demonstrates knowledge of the
properties and effects of tobacco, alcohol, narcotics, and dangerous
drugs; and who demonstrates skills in conducting affective education
that include methods and techniques for helping children and youth to
freely express ideas and opinions in a responsible manner and to
gain an awareness of their values as they make decisions related to
drug use and misuse.
(c) In grades 1 to 6, inclusive, instruction on drug education
should be conducted in conjunction with courses given on health
pursuant to subdivision (f) of Section 51210.
(d) In grades 7 to 12, inclusive, instruction on drug education
shall be conducted in conjunction with courses given on health or in
any appropriate area of study pursuant to Section 51220.
(e) The instruction shall be sequential in nature and designed to
meet the needs of pupils at their grade level.
51951. Notwithstanding Sections 44227 and 44228, the state board
shall not accredit a teacher education institution for teacher
certification purposes unless it offers courses for prospective
teachers on drug education and the effects of the use of tobacco,
alcohol, narcotics, restricted dangerous drugs, as defined in Section
11032 of the Health and Safety Code, and other dangerous substances.
The state board shall continually reevaluate approved teacher
training institutions to ensure that programs are in conformance with
the intent of this section.
51952. The Legislature hereby finds and declares that the use of
anabolic steroids to expedite the physical development and to enhance
the performance level of secondary school athletes presents a
serious health hazard to these student athletes. It is the intent of
the Legislature in enacting this chapter that schools be encouraged
to include in instruction in grades 7 to 12, inclusive, in science,
health, drug abuse, or physical education programs, a lesson on the
effects of the use of anabolic steroids.
51953. The department of shall make available
information on model drug and alcohol abuse prevention education
programs developed and funded pursuant to Chapter 7 (commencing with
Section 13860) of Title 6 of Part 4 of the Penal Code and other
public and private sources.
51954. (a) The department shall prepare and distribute to school
districts and county offices of education guidelines for
incorporating in-service training in gang violence and drug and
alcohol abuse prevention for teachers, counselors, athletic
directors, school board members, and other educational personnel into
the staff development plans of all school districts and county
offices of education.
(b) The department shall, upon request, assist school districts
and county offices of education in developing comprehensive gang
violence and drug and alcohol abuse prevention in-service training
programs. The department's information and guidelines, to the maximum
extent possible, shall encourage school districts and county offices
of education to avoid duplication of effort by sharing resources,
adapting or adopting model in-service training programs, developing
joint and collaborative programs, and coordinating efforts with
existing state staff development programs, county gang violence and
drug and alcohol staff development programs, county health
departments, county and city law enforcement agencies, and other
public and private agencies providing health, drug, alcohol, gang
violence prevention, or other related services at the local level.
(c) The department shall assist school districts and county
offices of education in qualifying for the receipt of federal and
state funds to support their gang violence and drug and alcohol abuse
prevention in-service training programs.
(d) A school that chooses to use the provisions of this chapter
related to in-service training in gang violence and drug and alcohol
abuse prevention, is encouraged to develop a single plan to
strengthen its gang violence and drug and alcohol abuse prevention
efforts. If a school develops or has developed a school safety plan
pursuant to Article 5 (commencing with Section 32280) of Chapter 2.5
of Part 19, it is encouraged to incorporate into that plan, where
appropriate, the gang violence and drug and alcohol prevention plan
that it has developed.
(e) The department shall consult with the Office of Emergency
Services regarding gang violence.
51955. (a) It is the intent of the Legislature that school
districts and county offices of education give high priority to gang
violence and drug and alcohol abuse prevention in-service training
programs that shall be part of the overall strategy for comprehensive
gang violence and drug and alcohol abuse prevention education.
(b) "Gang violence and drug and alcohol abuse prevention
in-service training," for purposes of this chapter, means the
presentation of programs, instruction, and curricula that will help
educators develop competencies in interacting in a positive manner
with children and youth to assist them in developing the positive
values, self-esteem, knowledge, and skills to lead productive,
gang-free, and drug-free lives; develop knowledge of the causes of
gang violence and substance abuse, and the properties and effects of
tobacco, alcohol, narcotics, and dangerous drugs, including the risk
of contracting acquired immune deficiency syndrome (AIDS) associated
with intravenous drug use; receive training regarding available
information and resources concerning gang violence, and drug and
alcohol abuse prevention, as well as antigang and antisubstance abuse
crime trends; develop familiarity with teaching social skills and
resistance skills to children and youth; and develop skills in
conducting affective education that include methods and techniques
for helping children and youth to freely express ideas and opinions
in a responsible manner and to understand the nature and consequences
of their decisions as they relate to gang involvement and drug and
alcohol abuse.
51956. (a) The Office of Emergency Services, in collaboration
with the department, shall develop a model gang violence suppression
and substance abuse prevention curriculum for grades 2, 4, and 6. The
curriculum for grades 2, 4, and 6 shall be modeled after a similar
curriculum that has been developed by the Orange County Office of
Education for grades 3, 5, and 7. The Office of Emergency Services,
in collaboration with the department, may contract with a county
office of education for the development of the model curriculum. The
model curriculum shall be made available to school districts and
county offices of education and shall, at a minimum, provide for each
of the following:
(1) Lessons for grades 2, 4, and 6 that are aligned with the state
curriculum frameworks for history, social science, and English and
language arts.
(2) Instructional resources that address issues of ethnic
diversity and at-risk pupils.
(3) The integration of the instructional resources of the Office
of Emergency Services and the School/Law Enforcement Partnership in
order to support the school curriculum and assist in the alignment of
the state curriculum framework.
(b) The Office of Emergency Services shall develop an independent
evaluation of the pupil outcomes of the model gang violence
suppression and substance abuse prevention curriculum program.
51957. The Office of Emergency Services shall review the model
gang violence suppression and substance abuse prevention curriculum
for grades 2, 4, and 6, developed pursuant to Section 51956, and
identify methods by which the curriculum can best be used in rural
school settings.
51958. The department shall encourage school districts and county
offices of education to avoid duplication of efforts with regard to
education programs for the prevention of drug, alcohol, and tobacco
abuse through the following methods:
(a) The sharing of resources.
(b) The adaptation or adoption of model programs.
(c) The development of joint and collaborative programs.
(d) Coordination of the local planning and implementation of state
programs with local health, social services, criminal justice, and
education agencies and other entities.
(e) The use of a single community advisory committee or task force
for drug, alcohol, and tobacco abuse prevention programs, as an
alternative to the creation of a separate group for that purpose
under each state or federally funded program.
51959. (a) The department shall collaborate, to the extent
possible, with other state agencies that administer drug, alcohol,
and tobacco abuse prevention education programs to streamline and
simplify the process whereby local educational agencies apply for
state and federal drug, alcohol, and tobacco education funds.
(b) The department, in consultation with the Department of
Justice, the Office of Emergency Services, and the State Department
of Alcohol and Drug Programs, shall develop, to the extent possible,
an ongoing statewide monitoring and assessment system to provide
current and reliable data on the utilization of resources for
programs for prevention of and early intervention for drug, alcohol,
and tobacco abuse. The purpose of the system shall be to facilitate
improved planning and program delivery among state and local
agencies, including law enforcement, juvenile justice, county health,
and county drug and alcohol agencies and programs, and communities.
SEC. 5. Chapter 5.9 (commencing with Section 51970) is added to
Part 28 of Division 4 of Title 2 of the Education Code, to read:
CHAPTER 5.9. COMPREHENSIVE SCHOOL SAFETY PLAN EDUCATION
51970. For purposes of this chapter, "comprehensive school safety
plan in-service training" or "in-service training" means the
presentation of programs, instruction, and curricula that will help
educators develop competencies in responding to situations that
require the implementation of the school's comprehensive school
safety plan developed pursuant to Article 5 (commencing with Section
32280) of Chapter 2.5 of Part 19 of Division 1 of Title 1.
51971. (a) The Legislature hereby finds and declares that
training teachers and staff to follow a comprehensive school safety
plan developed pursuant to Article 5 (commencing with Section 32280)
of Chapter 2.5 of Part 19 of Division 1 of Title 1 is essential to
emergency preparedness, crisis management, and school safety.
(b) It is the intent of the Legislature in enacting this chapter
that schools are encouraged to include instruction on implementing
comprehensive school safety plans for teachers and staff.
(c) It is also the intent of the Legislature that school districts
and county offices of education give high priority to comprehensive
school safety in-service training programs that may be part of the
overall strategy for developing and implementing comprehensive school
safety plans.
51972. The department shall make available information on model
comprehensive school safety plans and training programs that instruct
teachers and school staff on how to implement the comprehensive
school safety plan.
51973. (a) The department shall prepare and distribute to school
districts and county offices of education guidelines for
incorporating in-service training in comprehensive school safety plan
implementation for teachers, counselors, athletic directors, school
board members, and other educational personnel into the staff
development plans of all school districts and county offices of
education.
(b) The department shall, upon request, assist school districts
and county offices of education in developing comprehensive school
safety plan in-service training programs. The department's
information and guidelines, to the maximum extent possible, shall
encourage school districts and county offices of education to avoid
duplication of effort by sharing resources, adapting or adopting
model in-service training programs, developing joint and
collaborative programs, and coordinating efforts with existing state
staff development programs, state, county, and city law enforcement
agencies, and other public and private agencies providing emergency
response, violence prevention, or other related services at the local
level.
(c) The department shall assist school districts and county
offices of education in qualifying for the receipt of federal and
state funds to support their development of comprehensive school
safety plan in-service training programs. This shall include any
moneys made available pursuant to the President's "Now is the Time"
plan, relating to reducing gun violence, to help school districts
develop and implement emergency management plans.
(d) A school that chooses to use provisions of this chapter
related to a comprehensive school safety plan is encouraged to
incorporate the in-service training program into the comprehensive
school safety plan developed pursuant to Article 5 (commencing with
Section 32280) of Chapter 2.5 of Part 19 of Division 1 of Title 1.
(e) The department shall consult with the United States Department
of Education and the Office of Emergency Services regarding school
safety preparedness.
51974. The department shall encourage school districts and county
offices of education to avoid duplication of efforts with regard to
education programs for comprehensive school safety plans through the
following methods:
(a) The sharing of resources.
(b) The adaptation or adoption of model programs.
(c) The development of joint and collaborative programs.
(d) Coordination of local planning and implementation of state
programs with local law enforcement and education agencies and other
entities.
51975. (a) The department shall collaborate, to the extent
possible, with other state agencies that administer emergency and
crisis preparedness, safety planning, and violence prevention
education programs to streamline and simplify the process whereby
local educational agencies apply for state and federal school safety
education funds.
(b) The department, in consultation with the Department of Justice
and the Office of Emergency Services, shall develop, to the extent
possible, an ongoing statewide monitoring and assessment system to
provide current and reliable data on the use of resources for
programs for school safety. The purpose of the system shall be to
facilitate improved planning and program delivery among state and
local agencies, including law enforcement, juvenile justice, county
health, and communities.
SEC. 6. 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.
