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  









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            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  









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          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.








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          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?  









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           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
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           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