BILL NUMBER: AB 1390 CHAPTERED
BILL TEXT
CHAPTER 292
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 1, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
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, Blumenfield. School safety: school security and police
departments.
(1) Existing law requires the principal of a school or the
principal's designee to notify the appropriate law enforcement
agencies of the county or city in which the school is situated of
certain unlawful acts committed by a pupil that may result in
suspension, expulsion, or criminal liability of the pupil, as
specified.
This bill would require a school principal or the principal's
designee to report any act involving either the possession, sale, or
furnishment of a firearm, as specified, or the possession of an
explosive, as specified, committed by a pupil or nonpupil on a
schoolsite to the city police or county sheriff with jurisdiction
over the school and the school security department or the school
police department, as applicable.
By requiring school principals or their designees 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.
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 pupil 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. The principal of a school or the
principal's designee shall report any act specified in paragraph (1)
or (5) of subdivision (c) of Section 48915 committed by a pupil or
nonpupil on a schoolsite to the city police or county sheriff with
jurisdiction over the school and the school security department or
the school police department, as applicable.
(d) 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.
(e) 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).
(f) 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.