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