BILL ANALYSIS Ó
AB 680
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 680 (Block)
As Amended August 25, 2011
Majority vote
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|ASSEMBLY: | |(May 23, 2011) |SENATE: |32-5 |(August 30, 2011) |
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(vote not relevant)
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|COMMITTEE VOTE: |11-0 |(September 6, 2011) |RECOMMENDATION: |concur |
|ED. | | | | |
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Original Committee Reference: HIGHER ED.
SUMMARY : Authorizes a school district or a county office of
education (COE), in consultation with law enforcement officials, to
choose not to 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 and authorizes, instead,
school district and COE administrators to write those portions of
the school safety plan.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Authorize the portions of a school safety plan that include
tactical responses to criminal incidents to be developed by
administrators of the school district or COE in consultation with
law enforcement officials and with a representative of an
exclusive bargaining unit of employees of that school district or
COE, if he or she chooses to participate.
2)Authorize the school district or COE to elect not to disclose
those portions of the comprehensive school safety plan that
include tactical responses to criminal incidents.
3)Define "tactical responses to criminal incidents" as steps taken
to safeguard pupils and staff, to secure the affected school
premises, and to apprehend the criminal perpetrator or
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perpetrators.
4)Specify that nothing in this bill precludes the governing board
of a school district or COE from conferring in a closed session
with law enforcement officials pursuant to Government Code
Section 54957 to approve a tactical response plan. Provides that
any vote to approve the tactical response plan shall be announced
in open session following the closed session.
5)Specify that nothing in this bill shall be construed to reduce or
eliminate the requirements in Education Code Section 32282, which
specifies the components required to be included in the school
safety plan.
AS PASSED BY THE ASSEMBLY , this bill established provisions
governing the number of members, the election of members, and the
reapportionment of trustee areas for the Grossmont-Cuyamaca
Community College District governing board.
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS : Existing law requires each school district or COE to be
responsible for the development of all comprehensive school safety
plans for all the schools in its jurisdiction. Existing law
further identifies a schoolsite council, or a school safety
planning committee comprised of specified members, as the entity to
develop and write a school safety plan that includes processes,
procedures, and policies to ensure student and staff safety at a
schoolsite. Existing law also requires the schoolsite council or
school safety planning committee to hold a public meeting at the
schoolsite in order to allow members of the public the opportunity
to express an opinion about the school safety plan prior to
adopting the plan.
Existing law requires the comprehensive school safety plan to
include an assessment of the current status of school crime
committed on school campuses and at school-related functions and
identification of appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, including child abuse reporting procedures;
disaster procedures; an earthquake emergency procedure system;
policies regarding pupils who commit specified acts that would
lead to suspension or expulsion; procedures to notify teachers of
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dangerous pupils; a discrimination and harassment policy; the
provisions of any schoolwide dress code; procedures for safe
ingress and egress of pupils, parents, and school employees to
and from school; a safe and orderly environment conducive to
learning; rules and procedures on school discipline; and, hate
crime reporting procedures.
This bill authorizes a school district or COE to, in consultation
with law enforcement officials, choose not to have its schoolsite
council develop and write the portions of the comprehensive school
safety plan that include tactical responses to criminal incidents
that may result in death or serious bodily injury at the
schoolsite. The bill authorizes, but does not require, school
district or COE administrators, in consultation with law
enforcement officials and with a representative of an exclusive
bargaining unit of employees of the school district or COE, to
develop the tactical responses to criminal incidents components of
the school safety plan. The bill further authorizes a school
district or COE to elect not to disclose the tactical responses to
criminal incidents and specifies that nothing precludes the
governing board of a school district or COE from approving the
tactical response plan in closed session.
According to the author, "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."
The sponsor, San Diego Unified School District, cites as an
example, an incident in 2004 whereby U.S. authorities arrested a
man in Iraq with a computer disk containing a public report
downloaded from the U.S. Department of Education Web site on crisis
planning that included school safety plans developed by the San
Diego Unified School District. While there was no threat as a
result of the incident, school and law enforcement officials fear
that someone may use information gleaned from the school safety
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plan to carry out an attack at a schoolsite.
Current law 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. By
authorizing school districts and COEs to allow administrators
rather than schoolsite councils to develop the tactical response
plans and by authorizing districts and COEs to not disclose the
plans to the public, this bill may keep the information from being
subject to the Public Records Act. The Public Records Act allows
an agency to withhold disclosing any record if, on the facts of the
particular case, the public interest served by not disclosing the
record clearly outweighs the public interest served by disclosure
of the record. A tactical plan that is adopted in closed session
by a governing board is also protected from the Public Records Act.
This bill, however, does not require a governing board to adopt
the tactical plan.
The bill does not specify whether nondisclosure of the tactical
plans include nondisclosure to schoolsite staff. The sponsor
states that it is presumed that staff will be trained as necessary
and appropriate on the contents of the tactical response plan.
Language in the bill also clarifies that nothing shall be construed
to eliminate or reduce the required components of the school safety
plan.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN: 0002748