BILL NUMBER: AB 2198	CHAPTERED
	BILL TEXT

	CHAPTER  735
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2002
	PASSED THE ASSEMBLY  AUGUST 28, 2002
	PASSED THE SENATE  AUGUST 27, 2002
	AMENDED IN SENATE  AUGUST 22, 2002
	AMENDED IN SENATE  AUGUST 5, 2002
	AMENDED IN SENATE  JUNE 24, 2002
	AMENDED IN SENATE  JUNE 6, 2002
	AMENDED IN ASSEMBLY  MAY 23, 2002
	AMENDED IN ASSEMBLY  APRIL 16, 2002

INTRODUCED BY   Assembly Members Lowenthal and Zettel
   (Coauthors: Assembly Members Alquist, Cohn, Diaz, and Reyes)

                        FEBRUARY 20, 2002

   An act to amend Section 35294.1 of the Education Code, relating to
schools.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2198, Lowenthal.  Schools:  violent crime.
   Existing law makes each school district and county office of
education responsible for the overall development of comprehensive
school safety plans for its schools.
   This bill would authorize a principal, or his or her designee, to
notify each pupil's parent or legal guardian and each school employee
in writing of the general nature of a violent crime, as defined,
that occurs on the schoolsite of an elementary or secondary school of
which he or she is the principal.  The bill would provide that, if a
local law enforcement agency determines that disclosure of the crime
would hinder an ongoing investigation, the notification would occur
within a reasonable time, to be determined by the local law
enforcement agency and the school district.
   This bill would declare that it does not create any liability in a
school district or its employees for providing notice of the
occurrence of a violent crime.


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


  SECTION 1.  Section 35294.1 of the Education Code is amended to
read:
   35294.1.  (a) Each school district and county office of education
is responsible for the overall development of comprehensive school
safety plans for its schools operating any kindergarten and 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
Section 52012 or 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.
   (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 in the 1997-98 fiscal year.
   (e) (1)  When 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 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 of Section 67381 and be 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).