BILL NUMBER: AB 79 CHAPTERED
BILL TEXT
CHAPTER 646
FILED WITH SECRETARY OF STATE OCTOBER 10, 2001
APPROVED BY GOVERNOR OCTOBER 9, 2001
PASSED THE SENATE SEPTEMBER 13, 2001
PASSED THE ASSEMBLY SEPTEMBER 13, 2001
AMENDED IN SENATE SEPTEMBER 7, 2001
AMENDED IN SENATE AUGUST 20, 2001
AMENDED IN ASSEMBLY MAY 31, 2001
INTRODUCED BY Assembly Member Havice
(Coauthors: Assembly Members Robert Pacheco, Strom-Martin, and
Negrete McLeod)
JANUARY 4, 2001
An act to amend Section 35294.2 of the Education Code, relating to
school safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 79, Havice. School safety.
Existing law provides that each school district and county office
of education is responsible for the overall development of
comprehensive school safety plans for its schools operating
kindergarten and any of grades 1 to 12, inclusive. Under existing
law, a comprehensive school safety plan is required to identify
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, including the
development of, among other things, child abuse reporting procedures
and disaster procedures.
This bill would require the State Department of Education to
develop model policies on the prevention of bullying and on conflict
resolution and to make the model policies available to school
districts. The bill would authorize a school district to adopt one
or both of the policies for incorporation into its school safety
plan.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35294.2 of the Education Code is amended to
read:
35294.2. (a) The comprehensive school safety plan shall include,
but not necessarily be limited to, 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 Title 1 of Part 4 of the Penal
Code.
(B) Disaster procedures, routine and emergency.
(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 would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A sexual harassment policy, pursuant to subdivision (b) of
Section 231.5.
(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 such 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 the 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.
(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 School Safety Partnership,
pursuant to Chapter 2.5 (commencing with Section 32260) of Part 19.
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 School Safety
Partnership as authorized by Section 32262.
(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 shall be evaluated and
amended, as needed, by the school safety planning committee no less
than 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) 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 35294.8.
(g) The State Department of Education shall develop model policies
on the prevention of bullying and on conflict resolution and make
the model policies available to school districts. A school district
may adopt one or both of these policies for incorporation into its
school safety plan.