Amended in Assembly May 24, 2013

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 32282begin delete of, and to add Section 38000.5 to,end deletebegin insert ofend insert the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 549, as amended, Jones-Sawyer. Comprehensive school safety plans: mental health professionals and police 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.begin insert Existing law encourages, as comprehensive school safety plans are reviewed and updated, all plans to include policies and procedures aimed at the prevention of bullying.end insert

This bill wouldbegin delete require those strategies and programs toend deletebegin insert also encourage the comprehensive school safety plans toend insert includebegin delete the development ofend delete clear guidelinesbegin insert, as provided,end insert for the roles and responsibilities of mental health and intervention professionals, if intervention professionals are used, school resource officers, and police officers on the schoolbegin delete 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 to 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 deletebegin insert campus.end insert

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

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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.

P3    1(3) Recent California voter surveys indicate that Californians
2strongly support planning, training, mental health services, and
3teaching conflict resolution as ways to improve safety and prevent
4violence in schools.

5(4) More than a ratio of 2-to-1 eligible California voters believe
6having trained guidance counselors in every school would be more
7effective than having armed police officers in the schools.

8(b) It is therefore the intent of the Legislature to foster a positive
9learning environment for pupils in schools with role-appropriate
10adults who are focused on academic excellence, health, wellness,
11and safety.

12(c) Further, it is the intent of the Legislature to improve school
13campus safety and academic success by better defining the roles
14and responsibilities of adults on campus as they pertain to safety
15and school discipline.

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16

begin deleteSEC. 2.end delete
17begin insertSECTION 1.end insert  

Section 32282 of the Education Code is amended
18to read:

19

32282.  

(a) The comprehensive school safety plan shall include,
20but not be limited to, both of the following:

21(1) Assessing the current status of school crime committed on
22school campuses and at school-related functions.

23(2) Identifying appropriate strategies and programs that will
24provide or maintain a high level of school safety and address the
25school’s procedures for complying with existing laws related to
26school safety, which shall include the development of all of the
27following:

28(A) Child abuse reporting procedures consistent with Article
292.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
30Part 4 of the Penal Code.

31(B) Disaster procedures, routine and emergency, including
32adaptations for pupils with disabilities in accordance with the
33federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
3412101 et seq.). The disaster procedures shall also include, but not
35be limited to, both of the following:

36(i) Establishing an earthquake emergency procedure system in
37every public school building having an occupant capacity of 50
38or more pupils or more than one classroom. A school district or
39county office of education may work with the California
40Emergency Management Agency and the Seismic Safety
P4    1Commission to develop and establish the earthquake emergency
2procedure system. The system shall include, but not be limited to,
3all of the following:

4(I) A school building disaster plan, ready for implementation
5at any time, for maintaining the safety and care of pupils and staff.

6(II) A drop procedure whereby each pupil and staff member
7takes cover under a table or desk, dropping to his or her knees,
8with the head protected by the arms, and the back to the windows.
9A drop procedure practice shall be held at least once each school
10quarter in elementary schools and at least once a semester in
11secondary schools.

12(III) Protective measures to be taken before, during, and
13following an earthquake.

14(IV) A program to ensure that pupils and both the certificated
15and classified staff are aware of, and properly trained in, the
16earthquake emergency procedure system.

17(ii) Establishing a procedure to allow a public agency, including
18the American Red Cross, to use school buildings, grounds, and
19equipment for mass care and welfare shelters during disasters or
20other emergencies affecting the public health and welfare. The
21school district or county office of education shall cooperate with
22the public agency in furnishing and maintaining the services as
23the school district or county office of education may deem
24necessary to meet the needs of the community.

25(C) Policies pursuant to subdivision (d) of Section 48915 for
26pupils who committed an act listed in subdivision (c) of Section
2748915 and other school-designated serious acts that would lead to
28suspension, expulsion, or mandatory expulsion recommendations
29pursuant to Article 1 (commencing with Section 48900) of Chapter
306 of Part 27 of Division 4 of Title 2.

31(D) Procedures to notify teachers of dangerous pupils pursuant
32to Section 49079.

33(E) A discrimination and harassment policy consistent with the
34prohibition against discrimination contained in Chapter 2
35(commencing with Section 200) of Part 1.

36(F) The provisions of a schoolwide dress code, pursuant to
37Section 35183, that prohibits pupils from wearing “gang-related
38apparel,” if the school has adopted that type of a dress code. For
39those purposes, the comprehensive school safety plan shall define
40“gang-related apparel.” The definition shall be limited to apparel
P5    1that, if worn or displayed on a school campus, reasonably could
2be determined to threaten the health and safety of the school
3environment. A schoolwide dress code established pursuant to this
4section and Section 35183 shall be enforced on the school campus
5and at any school-sponsored activity by the principal of the school
6or the person designated by the principal. For purposes of this
7paragraph, “gang-related apparel” shall not be considered a
8protected form of speech pursuant to Section 48950.

9(G) Procedures for safe ingress and egress of pupils, parents,
10and school employees to and from school.

11(H) A safe and orderly environment conducive to learning at
12the school.

13(I) The rules and procedures on school discipline adopted
14pursuant to Sections 35291 and 35291.5.

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15(J) Clear guidelines for the roles and responsibilities of mental
16health and intervention professionals, if the school district uses
17intervention professionals, school resource officers, and police
18officers on the school campus. The guidelines shall conform to
19the following requirements:

20(i) The primary strategies to create and maintain positive school
21climate, promote school safety, and increase pupil achievement
22shall emphasize and prioritize mental health and intervention
23services, restorative and transformative justice programs, and
24positive behavior interventions and support.

25(ii) The primary function of police and school resource officers
26on a school campus shall be to focus on addressing those situations
27that require protecting the physical safety of pupils and staff.

28(iii) The school shall consider existing strategies and model
29approaches to minimize the involvement of law enforcement in
30pupil conduct and minor offenses that do not rise to the level of a
31serious and immediate threat to physical safety.

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32(b) It is the intent of the Legislature that schools develop
33comprehensive school safety plans using existing resources,
34including the materials and services of the partnership, pursuant
35to this chapter. It is also the intent of the Legislature that schools
36use the handbook developed and distributed by the School/Law
37Enforcement Partnership Program entitled “Safe Schools: A
38Planning Guide for Action” in conjunction with developing their
39plan for school safety.

P6    1(c) Grants to assist schools in implementing their comprehensive
2school safety plan shall be made available through the partnership
3as authorized by Section 32285.

4(d) Each schoolsite council or school safety planning committee
5in developing and updating a comprehensive school safety plan
6shall, where practical, consult, cooperate, and coordinate with
7other schoolsite councils or school safety planning committees.

8(e) The comprehensive school safety plan may be evaluated and
9amended, as needed, by the school safety planning committee, but
10shall be evaluated at least once a year, to ensure that the
11 comprehensive school safety plan is properly implemented. An
12updated file of all safety-related plans and materials shall be readily
13available for inspection by the public.

14(f) As comprehensive school safety plans are reviewed and
15updated, the Legislature encourages all plans, to the extent that
16resources are available, to includebegin delete policiesend deletebegin insert both of the following:end insert

17begin insert(1)end insertbegin insertend insertbegin insertPoliciesend insert and procedures aimed at the prevention of bullying.

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18(2) Clear guidelines for the roles and responsibilities of mental
19health and intervention professionals, if the school district uses
20intervention professionals, school resource officers, and police
21officers on the school campus. The guidelines may include primary
22strategies to create and maintain a positive school climate, promote
23school safety, and increase pupil achievement, and prioritize
24mental health and intervention services, restorative and
25transformative justice programs, and positive behavior
26interventions and support.

end insert

27(g) The comprehensive school safety plan, as written and
28updated by the schoolsite council or school safety planning
29committee, shall be submitted for approval under subdivision (a)
30of Section 32288.

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31(h) (1) A school or school district that elects to apply for and
32receive state or federal funding for purposes of increasing campus
33safety shalldevelop, if using funds for additional law enforcement
34personnel, clear memoranda of understanding with law enforcement
35on the roles and responsibilities of law enforcement on and off
36school campus. The memoranda of understanding shall be available
37to the public.

38 (2) A school or school district, if electing to receive additional
39funding for campus safety from a state or federal source, is
40encouraged to use the funding to improve school climate, including
P7    1increasing school personnel, intervention workers, counselors, and
2other supportive mental health service providers, and to improve
3school-based programs, restorative and transformative justice, and
4schoolwide positive behavior intervention and support, to the extent
5this use is permitted by state and federal law.

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SEC. 3.  

Section 38000.5 is added to the Education Code, to
7read:

8

38000.5.  

If a school district has police officers on campus, a
9school of that district is encouraged to create a memorandum of
10understanding that clearly delineates the respective roles and
11responsibilities of the school and the police officers in order to
12maximize resources and to ensure that the administrative response
13to pupil conduct and minor offenses are handled pursuant to school
14district policies and state law before involving law enforcement.
15A memorandum of understanding shall be public and shall include
16participation and input from pupils, parents, and the full school
17community.

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18

SEC. 4.  

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.

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