BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-2012 Regular Session
BILL NO: AB 680
AUTHOR: Block
AMENDED: June 22, 2011
FISCAL COMM: No HEARING DATE: June 29, 2011
URGENCY: No CONSULTANT:Lynn Lorber
NOTE : This bill has been referred to the Committee on
Education and the
Committee on Elections and Constitutional
Amendments. While this bill
has since been amended to relate to a different
topic, the double-referral
was not removed. A "do pass" motion should include
referral to the
Committee on Elections and Constitutional
Amendments.
SUBJECT : School safety plans.
SUMMARY
This bill authorizes a school district or county office of
education (COE) to develop portions of the school safety
plans that include tactical responses outside of the
existing process involving the schoolsite council, and
allows districts to choose not to disclose the tactical
plan.
BACKGROUND
Current law:
1) Requires each school district and county office of
education to be responsible for the overall
development of all comprehensive school safety plans
for its schools. The schoolsite council is required
to write and develop a comprehensive school safety
plan relevant to the needs and resources of that
particular school. Current law authorizes the
schoolsite council to delegate responsibility for the
development of the school safety plan to a school
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safety planning committee. (Education Code § 32281)
2) Requires the comprehensive school safety plan to
include (1) an assessment of the current status of
school crime committed on school campuses and at
school-related functions and (2) identification of
appropriate strategies and programs that will provide
or maintain a high level of school safety and detail
procedures for complying with existing laws; disaster
procedures; policies regarding suspension or
expulsion; a discrimination and harassment policy;
and, a safe and orderly environment conducive to
learning. (EC § 32282)
3) Requires the schoolsite council or school safety
planning committee to hold a public meeting to allow
public comment, and requires the notification of
specified people and entities prior to this meeting.
Current law requires each school to submit its school
safety plan to the school district or county office of
education for approval and requires a school district
or COE to notify the CDE by October 15 of every year
of any school that is not in compliance. (EC § 32288)
4) The California Public Records Act requires public
records to be open to inspection at all times during
the office hours of the state or local agency and
provides that every person has a right to inspect any
public record, except as specified. Any reasonably
segregable portion of a record must be available for
inspection by any person requesting the record after
deletion of the portions that are exempted by law.
Each state or local agency, upon a request for a copy of
records that reasonably describes an identifiable
record or records, must make the records promptly
available to any person upon payment of fees covering
direct costs of duplication, or a statutory fee if
applicable. Upon request, an exact copy must be
provided unless impracticable to do so. This does not
apply to records that are exempt from disclosure as
provided by law.
Each agency, upon a request for a copy of records, must,
within 10 days from receipt of the request, determine
whether the request, in whole or in part, seeks copies
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of disclosable public records and must promptly notify
the person making the request of the determination and
the reasons therefore. In unusual circumstances, as
defined, this time limit may be extended by written
notice to the person making the request, setting forth
the reasons for the extension and the date on which a
determination is expected to be dispatched. An
extension must not exceed 14 days. (Government Code §
6253).
5) Specifies that the Public Records Act does not require
disclosure of records that are, among other types of
records, a document prepared by or for a state or
local agency that assesses its vulnerability to
terrorist attack or other criminal acts intended to
disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(GC § 6254)
6) Specifies that the Public Records Act does not require
the disclosure of an information security record of a
public agency, if, on the facts of the particular
case, disclosure of that record would reveal
vulnerabilities to, or otherwise increase the
potential for an attack on, an information technology
system of a public agency. (GC § 6254.19)
7) Requires an agency that withholds information to
justify the withholding, either because the record is
exempt from being released or because the public
interest to withhold the information outweighs the
public interest to disclose the record. (GC § 6255)
8) Requires any materials provided to a schoolsite
council to be made available to any member of the
public who requests the materials pursuant to the
Public Records Act. (EC § 35147)
ANALYSIS
This bill authorizes a school district or county office of
education to develop portions of the school safety plans
that include tactical responses outside of the existing
process involving the schoolsite council, and allows
districts to choose not to disclose the tactical plan.
Specifically, this bill:
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1) Authorizes a school district or county office of
education to, 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.
2) Authorizes the portions of the school safety plans
that include tactical responses to criminal acts to be
developed by administrators of the school district or
county office of education in conjunction with law
enforcement officials.
3) Authorizes a school district or county office of
education to elect not to disclose those portions of
the comprehensive school safety plans.
4) Defines "tactical responses to criminal incidents" to
mean steps taken to safeguard pupils and staff, to
secure the affected school premises, and to apprehend
the criminal perpetrator or perpetrators.
STAFF COMMENTS
1) Need for the bill . According to the author's office,
"The requirement for schools to adopt a school safety
plan was originally established as a way for districts
to plan and respond to emergencies and catastrophes
such as earthquakes and fires. Over the years, given
the rise in school violence incidents, the content of
safety plans has changed dramatically. They now
encompass sensitive tactical response strategies to
deadly attacks. For instance, school safety plans may
now include placard communication codes that assist
school staff in quickly communicating with law
enforcement SWAT teams. They also include certain
exit strategies given the nature of an attack or
threat. In these instances, if the information falls
into the hands of the wrong persons, the safety of
children staff and visitors is compromised."
2) Public records . The Public Records Act allows an
agency to withhold disclosing any record if, on the
facts of the particular case, the public interest
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served by not disclosing the record clearly outweighs
the public interest served by disclosure of the
record. However, current law also requires any
materials provided to a schoolsite council to be made
available to any member of the public who requests the
materials pursuant to the California Public Records
Act. Schools do not have the legal authority to
develop school safety plans outside of the schoolsite
council process, which is open to the public.
3) Development and approval of tactical plan . This bill
authorizes the tactical portion of school safety plans
to be developed by district or county office
administrators. Current law requires the schoolsite
council to develop the school safety plan in a public
process, and requires the district to approve each
plan. While this bill allows the development of a
portion of school safety plans outside of a public
process, this bill does not provide a role for the
district or county board. Because governing boards
are ultimately responsible for the development and
implementation of school safety plans, staff
recommends an amendment to require the district board
to approve, in closed session, any tactical plan that
is developed by district personnel.
4) Disclosure of tactical plan . This bill authorizes
districts and county offices to elect not to disclose
the tactical portion of school safety plans. Staff
recommends an amendment to specify that districts and
county offices may elect not to disclose tactical
plans to the public or pursuant to a Public Records
Act request.
5) Related legislation . SB 755 (Lieu) would have made
several changes to requirements regarding school
safety plans, including adding specific dates by which
plans must be annually updated and approved, and
access to the plans by law enforcement within a
specific time period after request. SB 755 was held
on the Senate Appropriations Committee's suspense
file.
AB 496 (Alejo) would have required the school safety plan
also to include a protocol for ensuring that all
school personnel have access to classrooms and other
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school facilities during a disaster or other emergency
if a school restricts that access during regular hours
of school operation. AB 496 was held on the Assembly
Appropriations Committee's suspense file.
AB 269 (Ma) would have required a charter school to comply
with all laws governing the health and safety of
pupils and school employees, including school safety
plans. AB 269 was held on the Assembly Appropriations
Committee's suspense file.
SUPPORT
Los Angeles School Police Department
San Diego County Office of Education
San Diego Unified School District
OPPOSITION
None on file.