BILL NUMBER: AB 1390	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2009
	AMENDED IN ASSEMBLY  APRIL 16, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Blumenfield

                        FEBRUARY 27, 2009

   An act to amend Section 48902 of the Education Code, relating to
school safety.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1390, as amended, Blumenfield. School safety: school security
and police departments.
   (1) Existing law authorizes the governing board of a school
district to establish a security department under the supervision of
a chief of security or a police department under the supervision of a
chief of police, as designated by, and under the direction of, the
superintendent of the school district. Existing law requires the
principal of a school, or a principal's designee, prior to the
suspension or expulsion of any pupil, to notify the appropriate law
enforcement agencies of the county or city of which the school is
situated, of certain criminal acts of the pupil. Existing law
requires the principal, or a principal's designee, within one
schoolday after suspension or expulsion of any pupil, to notify the
appropriate law enforcement authority of the county or the school
district in which the school is situated of any acts of the pupils
that may violate specified alcohol, intoxicant, or controlled
substance related crimes.
   This bill would require an authorized school security department
or school police department to make a written report, within 24 hours
of any act by a pupil or nonpupil taking place on a schoolsite, to
the appropriate county or city law enforcement agency having
jurisdiction over the area in which the incident occurred, involving
specified acts relating to firearms  , a knife, controlled
substances, sexual assault,  or possession of an explosive,
as specified.
   By requiring school security and police departments and local law
enforcement agencies to perform additional duties, this 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.
   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 48902 of the Education Code is amended to read:

   48902.  (a) The principal of a school or the principal's designee
shall, prior to the suspension or expulsion of any pupil, notify the
appropriate law enforcement authorities of the county or city in
which the school is situated, of any acts of the pupil that may
violate Section 245 of the Penal Code.
   (b) The principal of a school or the principal's designee shall,
within one schoolday after suspension or expulsion of any pupil,
notify, by telephone or any other appropriate method chosen by the
school, the appropriate law enforcement authorities of the county or
the school district in which the school is situated of any acts of
the pupils that may violate subdivision (c) or (d) of Section 48900.
   (c) Notwithstanding subdivision (b), the principal of a school or
the principal's designee shall notify the appropriate law enforcement
authorities of the county or city in which the school is located of
any acts of a student that may involve the possession or sale of
narcotics or of a controlled substance or a violation of Section
626.9 or 626.10 of the Penal Code.
   (d) A school security department, or school police department,
which is authorized pursuant to Section 38000, shall notify, within
24 hours, in writing, the appropriate county or city law enforcement
authorities having jurisdiction where the incident occurred, of any
act by a pupil or nonpupil specified in  paragraphs (1) and (5)
of  subdivision (c) of Section 48915, taking place on a
schoolsite.
   (e) A principal, the principal's designee, or any other person
reporting a known or suspected act described in subdivision (a) or
(b) is not civilly or criminally liable as a result of making any
report authorized by this article unless it can be proven that a
false report was made and that the person knew the report was false
or the report was made with reckless disregard for the truth or
falsity of the report.
   (f) The willful failure to make any report required by this
section is an infraction punishable by a fine to be paid by the
principal or principal's designee who is responsible for the failure
of not more than five hundred dollars ($500).
   (g) The principal of a school or the principal's designee
reporting a criminal act committed by a schoolage individual with
exceptional needs, as defined in Section 56026, shall ensure that
copies of the special education and disciplinary records of the pupil
are transmitted, as described in paragraph (9) of subsection (k) of
Section 1415 of Title 20 of the United States Code, for consideration
by the appropriate authorities to whom he or she reports the
criminal act. Any copies of the pupil's special education and
disciplinary records may be transmitted only to the extent
permissible under the federal Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Sec. 1232g et seq.).
  SEC. 2.  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.