BILL NUMBER: AB 680 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 22, 2011
AMENDED IN ASSEMBLY MAY 5, 2011
AMENDED IN ASSEMBLY MARCH 29, 2011
INTRODUCED BY Assembly Member Block
FEBRUARY 17, 2011
An act to add Section 72036 to amend
Section 32281 of the Education Code, relating to
community colleges pupil safety .
LEGISLATIVE COUNSEL'S DIGEST
AB 680, as amended, Block. Community college districts:
Grossmont-Cuyamaca Community College District. Pupil
safety: comprehensive school safety plans.
Existing law provides that school districts and county offices of
education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop a comprehensive school safety plan relevant to the
needs and resources of the particular school. Existing law requires a
schoolsite council or school safety planning committee, before
adopting a comprehensive school safety plan, to hold a public meeting
at the schoolsite, as specified. Existing law requires schools to
forward copies of their comprehensive school safety plans to the
school district or county office of education for approval. Existing
law requires school districts and county offices of education
annually to notify the State Department of Education regarding
schools that fail to adopt a comprehensive school safety plan.
This bill would authorize school districts and county offices of
education, in consultation with law enforcement officials, to elect
not to have their schoolsite councils develop and write those
portions of their comprehensive school safety plans that include
tactical responses to criminal incidents, as defined, that may result
in death or serious bodily injury at the public schoolsite. The bill
would authorize the school district and county offices of education
administrators to develop those portions of the comprehensive school
safety plans that include tactical responses to criminal incidents,
and to elect not to disclose these portions of the comprehensive
school safety plans.
Existing law establishes the California Community Colleges, which
are administered by the Board of Governors of the California
Community Colleges. The board of governors provides general
supervision over each community college district and performs
specified functions. Each community college district is under the
control of a board of trustees.
Existing law provides various procedures for the nomination and
election of the governing boards of community college districts.
Existing law specifies the number of members on the board, residency
requirements, length of terms, and the drawing of trustee boundaries.
This bill would establish a procedure for the election of members,
and the reapportionment of trustee areas of the governing board of
the Grossmont-Cuyamaca Community College District.
The bill would provide that candidates for election to the board
be nominated by trustee area, as defined, at a primary election held
on the date of the statewide direct primary election. The 2
candidates receiving the highest number of votes would be the
nominees for the general election for that trustee area. The
candidate receiving a majority of the votes cast in the general
election would be elected to represent that district, and would hold
office for a 4-year term, as specified. Members of the board holding
office on the effective date of this act would continue to hold
office, as specified.
The bill would provide that the governing board be composed of 5
to 9 members, as determined by the board. The board would be required
to establish, abolish, or adjust trustee areas and terms of office,
as specified.
This bill would provide that boundaries for trustee areas
established by resolution of the governing board of the district or
adopted by the county committee on school district organization prior
to January 1, 2012, to reflect population changes enumerated in the
2010 decennial federal census shall be in effect when then the act
becomes operative. The boundaries would be set so that the population
of each area is in proportion to the other districts. Thereafter the
boundaries may be adjusted, abolished, or rearranged as specified.
By imposing the above requirements on the Grossmont-Cuyamaca
Community College District, the bill would impose a state-mandated
local program.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 32281 of the
Education Code is amended to read:
32281. (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools operating kindergarten or any of grades
1 to 12, inclusive.
(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
former Section 52012 , as it existed before July 1,
2005, or Section 52852 shall write and develop a
comprehensive school safety plan relevant to the needs and resources
of that particular school.
(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
(A) The principal or the principal's designee.
(B) One teacher who is a representative of the recognized
certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the
recognized classified employee organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
comprehensive school safety plan.
(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.
(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
(d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
(2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
(e) (1) When a principal or his or her designee verifies through
local law enforcement officials that a report has been filed of the
occurrence of a violent crime on the schoolsite of an elementary or
secondary school at which he or she is the principal, the principal
or the principal's designee may send to each pupil's parent or legal
guardian and each school employee a written notice of the occurrence
and general nature of the crime. If the principal or his or her
designee chooses to send the written notice, the Legislature
encourages the notice be sent no later than the end of business on
the second regular work day after the verification. If, at the time
of verification, local law enforcement officials determine that
notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by the
local law enforcement agency and the school district. For purposes of
this section, an act that is considered a "violent crime" shall meet
the definition of Section 67381 and be an act for which a pupil
could or would be expelled pursuant to Section 48915.
(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
(f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law enforcement
officials, elect to not have its schoolsite councils develop and
write those portions of their comprehensive school safety plans that
include tactical responses to criminal incidents that may result in
death or serious bodily injury at the public schoolsite. The portions
of the school safety plans that include tactical responses to
criminal acts may be developed by administrators of the school
district or county office of education in conjunction with law
enforcement officials, and the school district or county office of
education may elect not to disclose those portions of the
comprehensive school safety plans.
(2) As used in this article, "tactical responses to criminal
incidents" means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.
SECTION 1. Section 72036 is added to the
Education Code, to read:
72036. Notwithstanding any other provision of law, the number of
members, the election of members, and the reapportionment of trustee
areas of the governing board of the Grossmont-Cuyamaca Community
College District shall be provided for pursuant to this section.
(a) Candidates for election as a member of the governing board of
the district shall be nominated by trustee area at a district primary
election held on the date of the statewide direct primary election.
At the district primary election, the two candidates receiving the
highest number of votes within the trustee area shall be nominees for
the district general election for that trustee area, and the nominee
who receives a majority of the votes cast by the voters of the
trustee area in the district general election shall be elected to
represent that trustee area. The district general election shall be
held on the same date as the statewide general election.
Candidates for election as members of the governing board shall
file a declaration of candidacy as provided in this code. Each member
of the governing board elected at the district general election
shall hold office for a term of four years commencing on the first
Friday in December next succeeding his or her election.
The members of the governing board in office on the effective date
of the act that enacted this section at the 2011-12 Regular Session
of the Legislature shall hold office until the first Friday in
December of the year in which their respective terms of office would
otherwise have terminated, or until a successor qualifies therefor.
(b) The territory of the district shall be divided into trustee
areas and one member of the governing board shall be elected from
each trustee area. A candidate for election as a member of the
governing board shall reside in, and be registered to vote in, the
trustee area he or she seeks to represent.
(c) The governing board of the district shall be composed of not
less than five members and not more than nine, as determined by the
governing board. Sections 5019 to 5030, inclusive, do not apply to
the governing board's determination of the number of members pursuant
to this subdivision. If the number of members of the governing board
is increased or decreased, the governing board shall establish new
trustee areas, abolish trustee areas, or adjust the boundaries of
trustee areas so that the number of trustee areas is equal to the
number of governing board members. If the number of members of the
governing board is increased, the additional members of the governing
board shall be elected at the next regular general district election
of board members occurring at least 123 days after the governing
board approved the increased number of board members. Prior to the
next district general election, the governing board shall divide by
lot the additional trustee area positions that are created so that
the term of one-half of the board members elected to those positions
shall expire on the first Friday in December following the next
district general election. The term of the other board members
elected to fill the remainder of the additional positions shall
expire on the first Friday in December following the second district
general election succeeding their election.
(d) Boundaries for trustee areas established by resolution of the
governing board of the district or adopted by the county committee on
school district organization prior to January 1, 2012, to reflect
population changes enumerated in the 2010 decennial federal census
shall be in effect when this act becomes operative. The boundaries of
each trustee areas shall be set so that the population of each area
is, as nearly as may be, the same proportion of the total population
of the district as each of the other areas. Thereafter, the
boundaries of trustee areas shall be adjusted pursuant to Section
5019.5 and may be abolished or rearranged as otherwise provided in
this code.
SEC. 2. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution.