BILL NUMBER: SB 257	CHAPTERED
	BILL TEXT

	CHAPTER  890
	FILED WITH SECRETARY OF STATE  OCTOBER 14, 2001
	APPROVED BY GOVERNOR  OCTOBER 13, 2001
	PASSED THE SENATE  SEPTEMBER 13, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2001
	AMENDED IN ASSEMBLY  JULY 18, 2001

INTRODUCED BY   Senator Kuehl
   (Coauthor:  Senator Romero)
   (Coauthors:  Assembly Members Alquist, Aroner, Calderon, Chan,
Chu, Cohn, Correa, Firebaugh, Kehoe, Koretz, Liu, Pavley, Steinberg,
Strom-Martin, and Vargas)

                        FEBRUARY 15, 2001

   An act to amend Sections 32261, 32270, 32271, 32280, 32290, 32295,
and 35294.2 of the Education Code, relating to school safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 257, Kuehl.  Schools:  hate crimes.
   (1) Existing law requires the School/Law Enforcement Partnership
to establish interagency safe school programs to address the problems
of school safety, truancy, excessive absenteeism, and school crime
including vandalism, drug and alcohol abuse, gang membership, and
gang violence.
   This bill would specify that for partnership purposes, school
crime includes hate crimes.
   (2) Existing law makes each school district and county office of
education responsible for the overall development of comprehensive
school safety plans that include, among other things, a sexual
harassment policy.
   This bill would require the comprehensive school safety plan to
include development of a discrimination and harassment policy, as
specified, and development of hate crime reporting procedures,
thereby imposing a state-mandated local program.
  (3) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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.


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


  SECTION 1.  Section 32261 of the Education Code is amended to read:

   32261.  (a) The Legislature hereby recognizes that all pupils
enrolled in the state public schools have the inalienable right to
attend classes on school campuses which are safe, secure, and
peaceful.  The Legislature also recognizes that pupils cannot fully
benefit from an educational program unless they attend school on a
regular basis.  In addition, the Legislature further recognizes that
school crime, vandalism, truancy, and excessive absenteeism are
significant problems on far too many school campuses in the state.
   (b) The Legislature hereby finds and declares that the
establishment of an interagency coordination system is the most
efficient and long-lasting means of resolving school and community
problems of truancy and crime, including vandalism, drug and alcohol
abuse, gang membership, gang violence, and hate crimes.
   (c) It is the intent of the Legislature in enacting this chapter
to encourage California public schools to develop comprehensive
safety plans that are the result of a systematic planning process,
that include strategies aimed at the prevention of, and education
about, potential incidents involving crime and violence on school
campuses, and that address the safety concerns of local law
enforcement agencies, community leaders, parents, pupils, teachers,
administrators, school police, and other school employees interested
in the prevention of school crime and violence.
   (d) It is the intent of the Legislature in enacting this chapter
to encourage school districts, county offices of education, and law
enforcement agencies to develop and implement interagency strategies,
in-service training programs, and activities that will improve
school attendance and reduce the rates of school crime, including
vandalism, drug and alcohol abuse, gang membership, gang violence,
and hate crimes.
   (e) It is the intent of the Legislature in enacting this chapter
that the School/Law Enforcement Partnership shall not duplicate any
existing gang or drug and alcohol abuse program currently provided
for schools.
  SEC. 2.  Section 32270 of the Education Code is amended to read:
   32270.  (a) From funds appropriated for that purpose, the
partnership shall establish interagency safe school programs in
accordance with the requirements of this article to address the
problems of school safety, truancy, excessive absenteeism, and school
crime including hate crimes, vandalism, drug and alcohol abuse, gang
membership, and gang violence.
   (b) The partnership shall select program participants from
applications submitted by school districts and county offices of
education.  Approved  applications shall include elementary school
districts; high school districts; and unified school districts or
county offices of education, or any combination of unified school
districts or county offices, to participate in the program.  In
selecting program applicants, the Superintendent of Public
Instruction shall ensure that the approved programs are broadly
representative of the geographic and ethnic diversity of the state.
   (c) The partnership shall encourage applicants for interagency
school safety programs addressing the problems of drug and alcohol
abuse, gang membership, and gang violence to review available
materials and programs established and funded by the Drug-Free
Schools and Communities Program that exists within the State
Department of Education and the Office of Criminal Justice Planning's
comprehensive alcohol and drug prevention education component of the
Suppression of Drug Abuse in Schools program pursuant to Chapter 7
(commencing with Section 13860) of Title 6 of Part 4 of the Penal
Code and the gang prevention education component of the Gang Violence
Suppression program pursuant to Chapter 3.5 (commencing with Section
13826) of Title 6 of Part 4 of the Penal Code.
   (d) The project period for approved programs shall  not exceed
three years.
   (e) As used in this chapter, the term "school district" shall be
construed to include county offices of education.
  SEC. 3.  Section 32271 of the Education Code is amended to read:
   32271.  Applications to establish interagency safe school programs
shall be jointly submitted by applicant school districts and the
appropriate law enforcement agencies for that district to address
local school safety topics, including, but not necessarily limited
to, all of the following:
   (a) The reduction of school crime, including hate crimes,
vandalism, drug and alcohol abuse, gang membership, and gang
violence.
   (b) The improvement of school attendance.
   (c) The reduction of truancy rates.
   (d) The reduction of school dropout rates.
   (e) Other topics which impact upon school safety including, but
not limited to, child abuse and strategies for parental and community
education programs.
  SEC. 4.  Section 32280 of the Education Code is amended to read:
   32280.  (a) The partnership shall sponsor at least two regional
conferences for school districts, county offices of education, and
law enforcement agencies to identify exemplary programs and
techniques that have been effectively utilized by public schools to
reduce school crime, including hate crimes, vandalism, drug and
alcohol abuse, gang membership and gang violence, truancy, and
excessive absenteeism.
   (b) Each regional conference shall include, but need not be
limited to, information on all of the following topics:
   (1) Interagency cooperation between schools and law enforcement
agencies.
   (2) School attendance.
   (3) School safety.
   (4) Citizenship education.
   (5) Drug and alcohol abuse.
   (6) Child abuse.
   (7) Parental education.
  SEC. 5.  Section 32290 of the Education Code is amended to read:
   32290.  (a) The partnership shall establish statewide interagency
school safety cadre for the purpose of facilitating interagency
coordination among school districts, county offices of education, and
law enforcement agencies to improve school attendance, encourage
good citizenship, and to reduce school violence, school crime,
including hate crimes, vandalism, drug and alcohol abuse, gang
membership and gang violence, and truancy rates.
   (b) The partnership shall appoint up to 100 professionals from
education and law enforcement to the statewide cadre.
   (c) The partnership shall provide training to the statewide cadre
representatives to enable them to initiate and maintain interagency
school safety programs among school districts, county offices of
education, and law enforcement agencies in each region.
  SEC. 6.  Section 32295 of the Education Code is amended to read:
   32295.  The partnership shall annually evaluate the programs and
activities under the Interagency School Safety Demonstration Act of
1985 and shall submit a report to the Legislature which shall also be
made available for public inspection, on or before January 1 of each
year.  The evaluation shall include, but not be limited to, all of
the following:
   (a) An evaluation of the appropriateness and effectiveness of
regional conferences conducted pursuant to Article 3 (commencing with
Section 32280).
   (b) An evaluation of the extent to which the statewide interagency
school safety cadre has been able to provide appropriate technical
assistance to school districts, county offices of education, and law
enforcement agencies.
   (c) An evaluation of the extent to which interagency safe school
programs have succeeded in reaching and positively affecting schools
and communities sponsoring the programs by measuring all of the
following:
   (1) The reduction of school crime, including hate crimes, drug and
alcohol abuse, gang membership, gang violence, and vandalism.
   (2) The improvement of school attendance.
   (3) The reduction of school truancy.
   (4) The reduction of school dropout rates.
   (5) Other measurements impacting on school safety.
   (d) Specific recommendations regarding the methods and means
through which interagency programs may be replicated and disseminated
on a statewide basis.
  SEC. 7.  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 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 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.
   (J) Hate crime reporting procedures pursuant to Chapter 1.2
(commencing with Section 628) of Title 15 of Part 1 of the Penal
Code.
   (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.

  SEC. 8.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.