BILL ANALYSIS AB 1390 Page A Date of Hearing: April 22, 2009 ASSEMBLY COMMITTEE ON EDUCATION Julia Brownley, Chair AB 1390 (Blumenfield) - As Amended: April 13, 2009 [Note: This bill has been double referred to the Assembly Public Safety Committee and will be heard as it relates to issues under its jurisdiction.] SUBJECT : School security and police departments SUMMARY : Requires a school security department or school police department to make specified notifications to local law enforcement agencies. Specifically, this bill : 1)Requires a school security department or school police department to make a written report, within 24 hours of the incident, regarding an incident occurring on a school campus that involves either a crime accompanied by the use or possession of a firearm or any of the acts that result in pupil expulsion, to the appropriate law enforcement agency having jurisdiction over the area in which the incident occurred. 2)Requires a school security department or school police department to make a written report, within 24 hours of an incident, in which a firearm is surrendered to, or otherwise seized by, a school security officer or a school peace officer on a school campus to the appropriate law enforcement agency having jurisdiction over the area in which the incident occurred. 3)Requires the law enforcement agency, upon receiving the firearm from the school security department or school police department, to store the firearm in the same location where the agency maintains evidence for safekeeping. EXISTING LAW : 1)Authorizes the governing board of any 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. AB 1390 Page B 2)Authorizes the governing board of a school district to establish a school police reserve officer corps to supplement a police department. 3)Specifies that individuals employed by a police department, when appointed and duly sworn, are peace officers and may carry firearms if authorized by the governing board. 4)Defines "school security officer" as any person primarily employed or assigned to provide security services as a watchperson, security guard, or patrolperson on or about premises owned or operated by a school district to protect persons or property or to prevent the theft or unlawful taking of district property of any kind or to report any unlawful activity to the district and local law enforcement agencies. 5)Specifies the acts committed at school or at a school activity off school grounds that result in the suspension or expulsion of a pupil. 6)Requires the principal of a school or the principal's designee to, 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 violate specified provisions of the Education and Penal Codes. 7)Provides that whenever any employee of a school district or of the office of county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, it shall be the duty of the employee, and the duty of the employee's supervisor, to report the incident to the appropriate local law enforcement. Provides that failure to make the report shall be an infraction punishable by a fine of not more than a $1,000. FISCAL EFFECT : Unknown COMMENTS : This bill requires a school security department or school police department to make a written report to the appropriate law enforcement agency within its jurisdiction within 24 hours after the occurrence of the following types of incidences: AB 1390 Page C 1)A crime accompanied by the use or possession of a firearm; 2)Any of the following offenses that result or may result in expulsion from school: a) Causing, attempting to cause, or threatening to cause physical injury to another person; or willfully using force or violence upon another person, except in self-defense; b) Possessing, selling, or otherwise furnishing a firearm, knife, explosive, or other dangerous object; c) Unlawfully possessing, using, or selling a controlled substance; d) Unlawfully offering, arranging or negotiating to sell a controlled substance; e) Committing or attempting to commit robbery or extortion; f) Causing or attempting to cause damage to school property or private property; g) Stealing or attempting to steal school property or private property; h) Possessing or using tobacco, or products containing tobacco or nicotine products; i) Committing an obscene act or engaging in habitual profanity or vulgarity; j) Unlawfully possessing or unlawfully offering, arranging or negotiating to sell drug paraphernalia; aa) Disrupting school activities or otherwise willfully defying the authority of supervisors, teachers, administrators, school officials or other school personnel engaged in the performance of their duties; bb) Knowingly receive stolen school property or private property; cc) Possessing an imitation firearm; dd) Committing or attempting to commit a sexual assault; ee) Harassing, threatening or intimidating a pupil who is a complaining witness or a witness in a school disciplinary proceeding in order to prevent the pupil from being a witness or retaliating against that pupil for being a witness, or both; ff) Unlawfully offering, arranging to sell, or negotiating to sell the prescription drug Soma; gg) Engaging in or attempting to engage in hazing; hh) Committing sexual harassment (grades 4 through 12 only); ii) Causing or attempting to cause hate violence (grades 4 through 12 only); jj) Engaging in harassment, threats, or intimidation against AB 1390 Page D school district personnel or pupils that have the effect of disrupting classwork, creating substantial disorder and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment (grades 4 through 12 only); and aaa) Making a terroristic threat against school officials or school property, or both. bbb) The surrendering of or seizing of a firearm by school security officer or school peace officer. This bill also requires the law enforcement agency, upon receiving the firearm from the schools security department or school police department, to store the firearm in the same location where the agency maintains evidence for safekeeping. Purpose of the bill . The author states, "Prompt, accurate and transparent reporting of school-related crimes is a critical first step toward the development of effective early warning, prevention and intervention strategies for at-risk youth. This is particularly important in large urban settings where school police and city police departments share some concurrent responsibilities and one or both may be involved in the investigation of a school incident depending on the nature of the crime. To effectively address school crime, districts must first acknowledge it exists (transparency) and principals and school police must cross report all serious crime to local law enforcement at the earliest possible stage to assist in early intervention strategies." An article provided by the author titled "School Crime Reporting and School Crime Underreporting"<1> states the following reasons why school officials should report crimes: It is the right thing to do. Schools are not islands of lawlessness where the criminal law does not apply. Acknowledging the problems by making a police report will kick in the criminal justice system, which can and should work simultaneously with the school's administrative, disciplinary system. Accurately reporting incidents is the first step in developing effective prevention strategies. Documented data can be used for early identification of trends, -------------------------- <1> National School Safety and Security Services. AB 1390 Page E identification of crime patterns, and to provide related red flags so school and safety officials can intervene before problems become entrenched. We are doing a disservice to kids if we teach them that they can commit crimes at school and there will be no criminal justice consequences. Security and Police Departments . Governing boards are authorized to establish security departments headed by a Chief of Security and a police department headed by a chief of police. Security departments are considered supplementary to city and county law enforcement agencies and are not vested with general police powers. Individuals employed and compensated as members of a police department of a school district, when appointed and duly sworn, are considered peace officers. There is no data on the number of districts that have security or police departments. Larger districts are more likely than smaller districts to have police departments. School Resource Officers . Many local city or county law enforcement agencies partner with their local school district(s) through a School Resource Officer Program (SRO). The SRO program assigns one or more police officers to work with school districts to create and maintain a safe environment and provide support and training to school and district officials on crime prevention, gang intervention and school safety. Some SROs may assign one officer to each middle and/or high school or one officer to work with several middle and/or high schools, while others may assign one officer to work with the whole district. Some SROs are on campuses daily. There are two main issues raised by this bill: 1)Should a district security or police department be required to report crimes to the law enforcement agencies (local police or sheriff) within 24 hours of an incident? Current law already requires a principal or the principal's designee, frequently a vice principal, to notify law enforcement authorities of crimes involving assault with a firearm, an assault weapon, or a deadly weapon or instrument; and possession or sale of controlled substances, prior to suspending or expelling the pupil. Current law also specifies that the willful failure to make a report is an infraction punishable by AB 1390 Page F a fine of up to $500 to be paid by the principal or principal's designee. The author and sponsor state that there is underreporting currently due to administrators' lack of understanding of what needs to be reported, the erroneous belief that they have complied with the law when they report to the district police department, and a disincentive to report to avoid being identified as a persistently dangerous school pursuant to the No Child Left Behind Act. How a school becomes categorized as "persistently dangerous" does not involve reports to law enforcement agencies. For serious incidences, especially one involving firearms, school policy and procedures likely already require school staff to call 911 and bring in local law enforcement, who will write a report. Rather than create another layer of reporting, there should be better education of or stronger enforcement of the law. Guidelines can be developed to standardize the process for reporting to law enforcement agencies. 2)Should the types of crimes required to be reported to local law enforcements be expanded to include all the offenses that could result in an expulsion? While some of the offenses that result or may result in an expulsion are serious, some are not in comparison. The expulsion section in the Education Code authorizes a governing board to consider expulsion for acts that can lead to suspensions if other means of corrections are not feasible or have repeatedly failed to bring about proper conduct. For example, possession and use of tobacco or engaging in habitual profanity or vulgarity are acts that lead to suspensions and possible expulsions, but are they offenses that should be reported to law enforcement agencies within 24 hours of an occurrence? The author and sponsor argue that reporting to law enforcement agencies can trigger intervention strategies. Concern has been raised by the California Public Defenders Association (CPDA) that reporting requirements may not be the best strategy in addressing at-risk youth. CPDA states, "Schools already have the discretion, in appropriate situations, to contact law enforcement. In fact, research shows that the drastic limitation on the school officials' discretion to respond to incidents - 'zero-tolerance policies' - have done damage to youth and contributed to 'the school to prison pipeline.' Even the American Bar Association has condemned zero-tolerance AB 1390 Page G policies as inherently unjust: 'zero tolerance has become a one-size-fits-all solution to all the problems that schools confront. It has redefined students as criminals, with unfortunate consequences?.Unfortunately, most current [zero-tolerance] policies eliminate the common sense that comes with discretion and, at great cost to society and to children and families, do little to improve school safety.'" Clarifications needed . If the committee chooses to pass this bill, the bill should be amended to address the following: 1) It is unclear whether "school security department" means a security department established at a schoolsite or by the district. Security or police departments are usually established by the district superintendent rather than by individual schools. Staff recommends clarifying that the security or police department required to provide the written report are the district-established departments authorized pursuant to Education Code section 38000. 2) The bill requires a written report but does not specify the content or how much details is required to be in the report. Staff recommends the author clarify the contents of the report. However, these are technical amendments and do not address the issues raised in this analysis. Arguments in Support . Los Angeles City Attorney Rocky Delgadillo, the sponsor of the bill, states, "This bill will assist school police and local police in immediately coordinating reporting, tracking and investigative responses to school crimes, leading to identification of patterns and behaviors and better crime data analysis by both school police and overlapping county or city agencies. This bill will protect school children exposed to chronic violence by expediting corrective action immediately following a serious incident." Arguments in Opposition . The California Public Defenders Association states, "School officials already have ability to respond immediately to any criminal incidents by notifying the local law enforcement, and law enforcement's duty is to respond and prepare a report. Adding an additional requirement that the report be made in writing adds unnecessary responsibilities to the school security and may in fact cause delay and waste AB 1390 Page H resources as responding as written reports take time to prepare. Resources that could be put towards improving schools are instead used for inefficient security measures, while there [sic] very schools may be lacking basic educational resources like textbooks and libraries." REGISTERED SUPPORT / OPPOSITION : Support Los Angeles City Attorney Rocky Delgadillo Opposition California Public Defenders Association Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087