Amended in Assembly May 6, 2013

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 BillNo. 549


Introduced by Assembly Member Jones-Sawyer

February 20, 2013


An act to amend Section 32282 ofbegin insert, and to add Section 38000.5 to,end insert the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 549, as amended, Jones-Sawyer. Comprehensive school safety plans:begin delete adultend deletebegin insert mental health professionals and policeend insert 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 the roles and responsibilities of mental health and intervention professionals,begin insert if intervention professionals are used,end insert school resource officers, and 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 police and school resource officers on campus is to focus on addressing those situations that require protecting the physical safety of pupils and school staff. The bill would require a school and school district that elects to apply for and receive state or federal funding for purposes of increasing campus safety tobegin delete comply with certain requirements, including submitting a plan to the State Department of Education on the proposed use of the funds.end deletebegin insert develop, if using funds for additional law enforcement personnel, clear memoranda of understanding with law enforcement on the roles and responsibilities of law enforcement, as provided. The bill would, if a school district has police officers on campus, encourage a school of that district to create a memorandum of understanding that clearly delineates the respective roles and responsibilities of the school and the police officers, as provided.end insert

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:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) It is imperative that California maximizes the health, welfare,
4and safety of children in and out of schools.

5(2) Schools remain one of the safest places for pupils.

6(3) Recent California voter surveys indicate that Californians
7strongly support planning, training, mental health services, and
8teaching conflict resolution as ways to improve safety and prevent
9violence in schools.

P3    1(4) More than a ratio of 2-to-1 eligible California voters believe
2having trained guidance counselors in every school would be more
3effective than having armed police officers in the schools.

4(b) It is therefore the intent of the Legislature to foster a positive
5learning environment for pupils in schools with role-appropriate
6adults who are focused on academic excellence, health, wellness,
7and safety.

8(c) Further, it is the intent of the Legislature to improve school
9campus safety and academic success by better defining the roles
10and responsibilities of adults on campus as they pertain to safety
11and school discipline.

12

SEC. 2.  

Section 32282 of the Education Code is amended to
13read:

14

32282.  

(a) The comprehensive school safety plan shall include,
15but not be limited to, both of the following:

16(1) Assessing the current status of school crime committed on
17school campuses and at school-related functions.

18(2) Identifying appropriate strategies and programs that will
19provide or maintain a high level of school safety and address the
20school’s procedures for complying with existing laws related to
21school safety, which shall include the development of all of the
22following:

23(A) Child abuse reporting procedures consistent with Article
242.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
25Part 4 of the Penal Code.

26(B) Disaster procedures, routine and emergency, including
27adaptations for pupils with disabilities in accordance with the
28federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
2912101 et seq.). The disaster procedures shall also include, but not
30be limited to, both of the following:

31(i) Establishing an earthquake emergency procedure system in
32every public school building having an occupant capacity of 50
33or more pupils or more than one classroom. A school district or
34county office of education may work with the California
35Emergency Management Agency and the Seismic Safety
36Commission to develop and establish the earthquake emergency
37procedure system. The system shall include, but not be limited to,
38all of the following:

39(I) A school building disaster plan, ready for implementation
40at any time, for maintaining the safety and care of pupils and staff.

P4    1(II) A drop procedure whereby each pupil and staff member
2takes cover under a table or desk, dropping to his or her knees,
3with the head protected by the arms, and the back to the windows.
4A drop procedure practice shall be held at least once each school
5quarter in elementary schools and at least once a semester in
6secondary schools.

7(III) Protective measures to be taken before, during, and
8following an earthquake.

9(IV) A program to ensure that pupils and both the certificated
10and classified staff are aware of, and properly trained in, the
11earthquake emergency procedure system.

12(ii) Establishing a procedure to allow a public agency, including
13the American Red Cross, to use school buildings, grounds, and
14equipment for mass care and welfare shelters during disasters or
15other emergencies affecting the public health and welfare. The
16school district or county office of education shall cooperate with
17the public agency in furnishing and maintaining the services as
18the school district or county office of education may deem
19necessary to meet the needs of the community.

20(C) Policies pursuant to subdivision (d) of Section 48915 for
21pupils who committed an act listed in subdivision (c) of Section
2248915 and other school-designated serious acts that would lead to
23suspension, expulsion, or mandatory expulsion recommendations
24pursuant to Article 1 (commencing with Section 48900) of Chapter
256 of Part 27 of Division 4 of Title 2.

26(D) Procedures to notify teachers of dangerous pupils pursuant
27to Section 49079.

28(E) A discrimination and harassment policy consistent with the
29prohibition against discrimination contained in Chapter 2
30(commencing with Section 200) of Part 1.

31(F) The provisions of a schoolwide dress code, pursuant to
32Section 35183, that prohibits pupils from wearing “gang-related
33apparel,” if the school has adopted that type of a dress code. For
34those purposes, the comprehensive school safety plan shall define
35“gang-related apparel.” The definition shall be limited to apparel
36that, if worn or displayed on a school campus, reasonably could
37be determined to threaten the health and safety of the school
38environment. A schoolwide dress code established pursuant to this
39section and Section 35183 shall be enforced on the school campus
40and at any school-sponsored activity by the principal of the school
P5    1or the person designated by the principal. For purposes of this
2paragraph, “gang-related apparel” shall not be considered a
3protected form of speech pursuant to Section 48950.

4(G) Procedures for safe ingress and egress of pupils, parents,
5and school employees to and from school.

6(H) A safe and orderly environment conducive to learning at
7the school.

8(I) The rules and procedures on school discipline adopted
9pursuant to Sections 35291 and 35291.5.

10(J) Clear guidelines for the roles and responsibilities of mental
11health and intervention professionals,begin insert if the school district uses
12intervention professionals,end insert
school resource officers, and police
13officers on the school campus. The guidelines shall conform to
14the following requirements:

15(i) The primary strategies to create and maintain positive school
16climate, promote school safety, and increase pupil achievement
17shall emphasize and prioritize mental health and intervention
18services, restorative and transformative justice programs, and
19positive behavior interventions and support.

20(ii) The primary function of police and school resource officers
21on a school campus shall be to focus on addressing those situations
22that require protecting the physical safety of pupils and staff.

23(iii) The school shall consider existing strategies and model
24approaches to minimize the involvement of law enforcement in
25pupil conduct and minor offenses that do not rise to the level of a
26serious and immediate threat to physical safety.

begin delete

27(iv) If a school district has police officers on campus, schools
28are encouraged to create memorandums of understanding that
29clearly delineate the respective roles and responsibilities of the
30school and the police officers in order to maximize resources and
31to ensure that the administrative response to pupil conduct and
32minor offenses are handled pursuant to school district policies and
33state law before involving law enforcement. Memorandums of
34understanding shall be public and shall include participation and
35input from pupils, parents, and the full school community.

end delete

36(b) It is the intent of the Legislature that schools develop
37comprehensive school safety plans using existing resources,
38including the materials and services of the partnership, pursuant
39to this chapter. It is also the intent of the Legislature that schools
40use the handbook developed and distributed by the School/Law
P6    1Enforcement Partnership Program entitled “Safe Schools: A
2Planning Guide for Action” in conjunction with developing their
3plan for school safety.

4(c) Grants to assist schools in implementing their comprehensive
5school safety plan shall be made available through the partnership
6as authorized by Section 32285.

7(d) Each schoolsite council or school safety planning committee
8in developing and updating a comprehensive school safety plan
9shall, where practical, consult, cooperate, and coordinate with
10other schoolsite councils or school safety planning committees.

11(e) The comprehensive school safety plan may be evaluated and
12amended, as needed, by the school safety planning committee, but
13shall be evaluated at least once a year, to ensure that the
14 comprehensive school safety plan is properly implemented. An
15updated file of all safety-related plans and materials shall be readily
16available for inspection by the public.

17(f) As comprehensive school safety plans are reviewed and
18updated, the Legislature encourages all plans, to the extent that
19resources are available, to include policies and procedures aimed
20at the prevention of bullying.

21(g) The comprehensive school safety plan, as written and
22updated by the schoolsite council or school safety planning
23committee, shall be submitted for approval under subdivision (a)
24of Section 32288.

25(h) begin insert(1)end insertbegin insertend insert A school or school district that elects to apply for and
26receive state or federal funding for purposes of increasing campus
27safety shallbegin delete comply with the following:end delete

begin delete

28(1) Submit a plan to the department on the proposed use of the
29funds.

end delete

30begin delete(2)end deletebegin deleteend deletebegin deleteDevelop, end deletebegin insertdevelop, end insertif using funds for additional law
31enforcement personnel, clear memoranda of understanding with
32law enforcement on the roles and responsibilities of law
33enforcement on and off school campus. The memoranda of
34understanding shall be available to the public.

begin delete

35(3) Prioritize,

end delete

36begin insert (2)end insertbegin insertend insertbegin insertA school or school district,end insert if electing to receive additional
37funding for campus safety from a state or federal source,begin delete usingend deletebegin insert is
38encouraged to use theend insert
funding to improve school climate, including
39increasing school personnel, intervention workers, counselors, and
40other supportive mental health service providers, and to improve
P7    1school-based programs, restorative and transformative justice, and
2schoolwide positive behavior intervention and support, to the extent
3thisbegin delete prioritizationend deletebegin insert useend insert is permitted by state and federal law.

4begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 38000.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
5read:end insert

begin insert
6

begin insert38000.5.end insert  

If a school district has police officers on campus, a
7school of that district is encouraged to create a memorandum of
8understanding that clearly delineates the respective roles and
9responsibilities of the school and the police officers in order to
10maximize resources and to ensure that the administrative response
11to pupil conduct and minor offenses are handled pursuant to school
12district policies and state law before involving law enforcement.
13A memorandum of understanding shall be public and shall include
14participation and input from pupils, parents, and the full school
15community.

end insert
16

begin deleteSEC. 3.end delete
17begin insertSEC. 4.end insert  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



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