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 16, 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, within 24 hours of an incident involving any of the acts that result in mandatory expulsion, whether committed by a pupil or nonpupil, a school security department or school police department to notify, in writing, the appropriate county or city law enforcement authorities having jurisdiction where the incident occurred. 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. 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 AB 1390 Page B 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: 1)Possessing, selling, or otherwise furnishing a firearm, except where the pupil had obtained prior written permission to possess the firearm from school officials; 2)Brandishing a knife at another person; 3)Unlawfully selling a controlled substance; 4)Committing or attempting to commit a sexual assault; and, 5)Possession of an explosive. 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 AB 1390 Page C 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, 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. Background. 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 with arrest powers. 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 . Those districts that do not have security or police department partner with their local city or --------------------------- <1> National School Safety and Security Services. AB 1390 Page D county law enforcement agencies through the 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. This bill raises the following questions: Is reporting already taking place? 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 or after suspending or expelling a pupil. Current law also specifies that the willful failure to make a report is an infraction punishable by a fine of up to $500 to be paid by the principal or principal's designee. Moreover, district police departments may likely already have working relationships with their counterparts at the city and county levels. For example, the Los Angeles School Police Department already submits copies of crime reports to the appropriate law enforcement agencies for statistical and information sharing purposes. Is immediate reporting critical for all offenses ? The sponsor states that immediate reporting is necessary because the acts required to be reported by the bill are serious crimes and the reporting currently required by principals is not immediate. Current law requires a principal to report prior to or after a pupil is suspended or expelled to allow a governing board to investigate and determine whether the suspension or expulsion is warranted. School policy and procedures likely already require school staff to call 911 and bring in local law enforcement for dangerous situations (e.g., if a firearm is involved), where there will already be a law enforcement agency report. Should law enforcement be notified within 24 hours of an incident involving, for example, possession of controlled substances or for brandishing a knife, prior to a local governing board investigation? What if the pupil wasn't really involved, but just happened to be in the vicinity at the time of the incident? AB 1390 Page E What are the ramifications for this pupil? Should the immediate reporting by school security or police departments proposed by this bill be limited to acts involving weapons such as firearms and explosives only? Is reporting the answer for at-risk youth? 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 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.'" Is education necessary ? The sponsor states 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. Perhaps 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. 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." AB 1390 Page F 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 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 California District Attorneys Association Los Angeles City Attorney Rocky Delgadillo (sponsor) Lawrence E. Manion, Chief of Police, Los Angeles School Police Department One individual Opposition California Public Defenders Association (Introduced version) Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087