Amended in Assembly April 23, 2013

Amended in Assembly April 1, 2013

Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 549

Introduced by Assembly Member Jones-Sawyer

February 20, 2013

An act to amend Section 32282 of the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 549, as amended, Jones-Sawyer. Comprehensive school safety plans: adult role on campus guidelines.

Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the schoolsite council of a school to write and develop the comprehensive school safety plan relevant to the needs and resources of the particular school, except as specified with regard to a small school district. Existing law requires the comprehensive school safety plan to include specified strategies and programs that will provide or maintain a high level of school safety.

This bill would require those strategies and programs to include the development of clear guidelines for begin insert the roles and responsibilities of mental health and intervention professionals, school resource officers, and end insert police officers on the school campus, thereby imposing a state-mandated local program. The bill would require these guidelines to conform to specific requirements, including the requirement that the primary function of begin delete a end delete police begin delete officer end delete begin insert and school resource officers end insert on campus is to begin delete address serious and immediate threats to the end delete begin insert focus on addressing those situations that require protecting the end insert physical safety of begin delete students end delete begin insert pupils end insert and school staff. The bill would require a school and school district that elects to apply for and receive state or federal funding for begin delete the end delete purposes of increasing campus safety to comply with certain requirements, including submitting a plan to the State Department of Education on the proposed use of the funds.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

(a) The Legislature finds and declares all of the
following:

(1) It is imperative that California maximizes the health, welfare,
and safety of children in and out of schools.

(2) Schools remain one of the safest places for begin delete students end delete begin insert pupils end insert .

(3) Recent California voter surveys indicate that Californians
strongly support planning, training, mental health services, and
teaching conflict resolution as ways to improve safety and prevent
violence in schools.

(4) More than a ratio of 2-to-1 eligible California voters believe
having trained guidance counselors in every school would be more
effective than having armed police officers in the schools.

(b) It is therefore the intent of the Legislature to foster a positive
learning environment for begin delete students end delete begin insert pupils end insert in schools with
role-appropriate adults who are focused on academic excellence,
health, wellness, and safety.

(c) Further, it is the intent of the Legislature to improve school
campus safety and academic success by better defining the roles
and responsibilities of begin delete police officers end delete begin insert adults end insert on campus as they
pertain to safety and school discipline.

SEC. 2.  

Section 32282 of the Education Code is amended to
read:

32282.  

(a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:

(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.

(2) Identifying 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, which shall include the development of all of the
following:

(A) Child abuse reporting procedures consistent with Article
2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
Part 4 of the Penal Code.

(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.). The disaster procedures shall also include, but not
be limited to, both of the following:

(i) Establishing an earthquake emergency procedure system in
every public school building having an occupant capacity of 50
or more pupils or more than one classroom. A school district or
county office of education may work with the California
Emergency Management Agency and the Seismic Safety
Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:

(I) A school building disaster plan, ready for implementation
at any time, for maintaining the safety and care of pupils and staff.

(II) A drop procedure whereby each pupil and staff member
takes cover under a table or desk, dropping to his or her knees,
with the head protected by the arms, and the back to the windows.
A drop procedure practice shall be held at least once each school
quarter in elementary schools and at least once a semester in
secondary schools.

(III) Protective measures to be taken before, during, and
following an earthquake.

(IV) A program to ensure that pupils and both the certificated
and classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.

(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
school district or county office of education shall cooperate with
the public agency in furnishing and maintaining the services as
the school district or county office of education may deem
necessary to meet the needs of the community.

(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts that would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter
6 of Part 27 of Division 4 of Title 2.

(D) Procedures to notify teachers of dangerous pupils pursuant
to Section 49079.

(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2
(commencing with Section 200) of Part 1.

(F) The provisions of a schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing “gang-related
apparel,” if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
“gang-related apparel.” The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could
be determined to threaten the health and safety of the school
environment. A schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus
and at any school-sponsored activity by the principal of the school
or the person designated by the principal. For purposes of this
paragraph, “gang-related apparel” shall not be considered a
protected form of speech pursuant to Section 48950.

(G) Procedures for safe ingress and egress of pupils, parents,
and school employees to and from school.

(H) A safe and orderly environment conducive to learning at
the school.

(I) The rules and procedures on school discipline adopted
pursuant to Sections 35291 and 35291.5.

(J) Clear guidelines for the roles and responsibilities of begin insert mental
health and intervention professionals, school resource officers,
and end insert police officers on the school campus. The guidelines shall
conform to the following requirements:

(i) The primary begin delete function of police officers on school campus
shall be limited to addressing serious and immediate threats to the
physical safety of students and school staff end delete begin insert strategies to create
and maintain positive school climate, promote school safety, and
increase pupil achievement shall emphasize and prioritize mental
health and intervention services, restorative and transformative
justice programs, and positive behavior interventions and support end insert .

begin insert

(ii) The primary function of police and school resource officers
on a school campus shall be to focus on addressing those situations
that require protecting the physical safety of pupils and staff.

end insert begin delete

(ii)

end delete

begin insert (iii) end insert  The school shall consider existing strategies and model
approaches to minimize the involvement of law enforcement in
begin delete student end delete begin insert pupil end insert conduct and minor offenses that do not rise to the
level of a serious and immediate threat to physical safety.

begin delete

(iii) The school shall enter into

end delete

begin insert (iv) end insert begin insert   end insert begin insert If a school district has police officers on campus, schools
are encouraged to create end insert memorandums of understanding begin delete with
any existing law enforcement entities on campus that contain
criteria to properly distinguish administrative responses to student
conduct and minor offenses pursuant to school district policies
and state law, from criminal responses. Memorandums of
understanding shall be public and shall include participation and
input from students, parents, and the school community end delete begin insert that clearly
delineate the respective roles and responsibilities of the school
and the police officers in order to maximize resources and to
ensure that the administrative response to pupil conduct and minor
offenses are handled pursuant to school district policies and state
law before involving law enforcement. Memorandums of
understanding shall be public and shall include participation and
input from pupils, parents, and the full school community end insert .

(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources,
including the materials and services of the partnership, pursuant
to this chapter. It is also the intent of the Legislature that schools
use the handbook developed and distributed by the School/Law
Enforcement Partnership Program entitled “Safe Schools: A
Planning Guide for Action” in conjunction with developing their
plan for school safety.

(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership
as authorized by Section 32285.

(d) Each schoolsite council or school safety planning committee
in developing and updating a comprehensive school safety plan
shall, where practical, consult, cooperate, and coordinate with
other schoolsite councils or school safety planning committees.

(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An
updated file of all safety-related plans and materials shall be readily
available for inspection by the public.

(f) As comprehensive school safety plans are reviewed and
updated, the Legislature encourages all plans, to the extent that
resources are available, to include policies and procedures aimed
at the prevention of bullying.

(g) The comprehensive school safety plan, as written and
updated by the schoolsite council or school safety planning
committee, shall be submitted for approval under subdivision (a)
of Section 32288.

(h) A school or school district that elects to apply for and receive
state or federal funding for begin delete the end delete purposes of increasing campus
safety shall comply with the following:

(1) Submit a plan to the department on the proposed use of the
funds.

(2) Develop, if using funds for additional law enforcement
personnel, clear memoranda of understanding with law enforcement
on the roles and responsibilities of law enforcement on and off
school campus. The memoranda of understanding shall be available
to the public.

(3) Prioritize, if electing to receive additional funding for campus
safety from a state or federal source, using funding begin delete for counselors
and administrators before using the funds to increase law
enforcement, to the extent this prioritization is permitted by state
and federal law. end delete begin insert to improve school climate, including increasing
school personnel, intervention workers, counselors, and other
supportive mental health service providers, and to improve
school-based programs, restorative and transformative justice,
and schoolwide positive behavior intervention and support, to the
extent this prioritization is permitted by state and federal law. end insert

SEC. 3.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.