BILL NUMBER: AB 810	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2007

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 22, 2007

   An act to amend Sections 32280, 32281, 32282, and 32288 of the
Education Code, relating to school safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 810, as amended, Lieu. School safety plans.
   (1) Existing law declares the intent of the Legislature that all
California public schools that offer kindergarten and any of grades 1
to 12, inclusive, develop a comprehensive school safety plan. School
districts and county offices of education are responsible for the
overall development of the comprehensive school safety plans for
their constituent schools. The schoolsite council of a school is
required to write and develop the school safety plan relevant to the
needs and resources of the particular school.
   This bill would require  principals or schoolsite
administrators of  schools subject to those provisions to 
notify annually the State Department of Education by October 15 of
each school year if his or her school has not complied with certain
specified statutory requirements regarding school safety plans.
Principals or schoolsite administrators also would be required to
 make copies of their school safety plans available upon request
to parents  and to   ,  teachers  ,
and  other members of the school staff  . Schools would
also be required   and  to notify parents,
teachers, and other members of the school staff regarding revisions
to the plan.  The bill would make other technical and
clarifying changes to related statutory provisions.  
Principals or schoolsite administrators who knowingly fail to comply
with these requirements by October 15 of each school year would be
guilty o   f a misdemeanor punishable by confinement in the
county jail for a period not to exceed 6 months, or by a fine not to
exceed $1,000, or both.  By requiring  local educational
agencies   principals or schoolsite administrators
 to perform additional duties,  and by creating a new crime,
 the bill would impose a state-mandated local program. 

   (2) 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. 
    (2)     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 with regard to certain mandates
no reimbursement is required by this act for a specified reason.

    With regard to any other mandates, this bill would provide
that, if the Commission on State Mandates determines that the bill
contains costs so mandated by the state, reimbursement for those
costs shall be made pursuant to the statutory provisions noted above.

   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.  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, local fire departments, 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. For
purposes of this section, law enforcement agencies include local
police departments, county sheriffs' offices, school district police
or security departments, probation departments, and district
attorneys' offices. For purposes of this section, a "safety plan"
means a plan to develop strategies aimed at the prevention of, and
education about, potential incidents involving crime and violence on
the school campus.
  SEC. 2.  Section 32281 of the Education Code is amended to read:
   32281.  (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools operating kindergarten or 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, as it read prior to January 1, 2006, 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 representatives from
a law enforcement agency and a local fire department 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 at the beginning of each 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).
  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) Assessment of the current status of school crime committed on
school campuses and at school-related functions.
   (2) Identification of 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 district or county office may
work with the Office of Emergency Services 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 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 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
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office 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.
   (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. For purposes of this
subparagraph, "school" means the entire school campus up and
including the property boundaries.
   (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 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) A schoolsite council or school safety planning committee, in
developing and updating a comprehensive school safety plan, where
practical, shall 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) 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. 4.  Section 32288 of the Education Code is amended to read:
   32288.  (a) In order to ensure compliance with this article, each
school shall forward its comprehensive school safety plan to the
school district or county office of education for approval.
   (b) (1) Before adopting its comprehensive school safety plan, the
schoolsite council or school safety planning committee shall hold a
public meeting at the schoolsite in order to allow members of the
public the opportunity to express an opinion about the school safety
plan.
   (2) The schoolsite council or school safety planning committee
shall notify, in writing, the following persons and entities, if
available, of the public meeting:
   (A) The local mayor.
   (B) A representative of the local school employee organization.
   (C) A representative of each parent organization at the
schoolsite, including the parent teacher association and parent
teacher clubs.
   (D) A representative of each teacher organization at the
schoolsite.
   (E) A representative of the student body government.
   (F) All persons who have indicated they want to be notified.
   (3) The schoolsite council or school safety planning committee is
encouraged to notify, in writing, the following persons and entities,
if available, of the public meeting:
   (A) A representative of the local churches.
   (B) Local civic leaders.
   (C) Local business organizations.
   (c) In order to ensure compliance with this article, each 
principal or schoolsite administrator of a school within a 
school district or county office of education shall annually notify
the department by October 15 of schools that have not complied with
Section 32281.
   (d)  A   The principal or schoolsite 
 administrator of a  school shall make copies of its school
safety plan available upon request to parents, teachers, and other
members of the school staff.
   (e)  A   The principal or schoolsite
administrator of a  school shall notify parents, teachers, and
other members of the school staff of revisions to its school safety
plan. 
   (f) In order to ensure compliance with this article, a principal
or schoolsite administrator who knowingly fails to comply with this
section by October 15 of each school year is guilty of a misdemeanor
punishable by confinement in the county jail for a period not to
exceed six months, or by a fine not to exceed one thousand dollars
($1,000), or both.  
  SEC. 5.   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. 
   SEC. 5.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.  
   However, if the Commission on State Mandates determines that this
act contains other 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.