BILL NUMBER: AB 680 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 25, 2011
AMENDED IN SENATE JULY 6, 2011
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 amend Section 32281 of the Education Code, relating to
pupil safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 680, as amended, Block. 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 schoolsite. The bill would
authorize the school district and county offices of education
administrators to develop those portions of a comprehensive school
safety plan that include tactical responses to criminal incidents, in
consultation with law enforcement officials and representatives of
exclusive bargaining units of employees of that school district or
county office of education , as specified and to
elect not to disclose these portions of the comprehensive school
safety plan that include tactical responses to criminal
incidents .
The bill would specify that it would not preclude the governing
board of a school district or county office of education from
conferring in a closed session with law enforcement officials to
approve a tactical response plan developed in consultation with those
officials pursuant to the bill.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: 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 council develop and write
those portions of its comprehensive school safety plan that include
tactical responses to criminal incidents that may result in death or
serious bodily injury at the schoolsite. The portions of a school
safety plan that include tactical responses to criminal incidents may
be developed by administrators of the school district or county
office of education in consultation with law enforcement officials
and with a representative of an exclusive bargaining unit of
employees of that school district or county office of education,
or his or her designee, if he or she chooses to
participate. The school district or county office of education may
elect not to disclose those portions of the comprehensive school
safety plan that include tactical responses to criminal
incidents .
(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.
(3) Nothing in this section subdivision
precludes the governing board of a school district or county
office of education from conferring in a closed session with law
enforcement officials pursuant to Section 54957 of the Government
Code to approve a tactical response plan developed in consultation
with those officials pursuant to this subdivision. Any vote to
approve the tactical response plan shall be announced in open session
following the closed session.
(4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.