BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 549
                                                                  Page  1

          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  AB 549 (Jones-Sawyer) - As Amended:  May 6, 2013 

          Policy Committee:                              Education  
          Vote:7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              Yes

           SUMMARY  

          This bill requires comprehensive school safety plans to include  
          clear guidelines for the roles and responsibilities of mental  
          health and intervention professionals, school resource officers,  
          and police officers on a school campus.  Specifically, this  
          bill: 

          1)Requires the guidelines to conform to the following  
            requirements: 

             a)   Require the primary strategies to create and maintain a  
               positive school climate, promote school safety, and  
               increase pupil achievement to emphasize mental health and  
               intervention services, restorative and transformative  
               justice programs, and positive behavior interventions and  
               support. 
             b)   Requires the primary function of police and school  
               resource officers is addressing situations that require  
               protecting the physical safety of pupils and staff. 
             c)   Requires the school to consider existing strategies and  
               model approaches to minimize the involvement of law  
               enforcement in pupil conduct and minor offenses that do not  
               rise to the level of serious and immediate threat to  
               physical safety.  

          2)Requires a school or school district that elects to apply for,  
            and receives, state or federal funding for purposes of  
            increasing campus safety (if using the funds for additional  
            law enforcement personnel) to develop a clear memoranda of  
            understanding (MOU) with law enforcement on the roles and  
            responsibilities of law enforcement on and off school campus.   








                                                                  AB 549
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            Further requires the MOU to be available to the public.  

           FISCAL EFFECT

           1)One-time costs GF/98 state reimbursable, likely between  
            $250,000 and $500,000, to school districts to update their  
            school safety plans to include clear guidelines for the roles  
            and responsibilities of mental health and intervention  
            professionals, school resource officers, and police officers  
            on a school campus, as specified.  There are 9,919 public  
            schools in California.  

          2)One-time GF/98 costs, likely between $300,000 and $600,000, to  
            school districts to establish a MOU with law enforcement, as  
            specified.  This assumes between three and five percent of  
            school districts choose to spend state and federal funds on  
            law enforcement personnel.  There are approximately 1,000  
            school districts in the state.  

          3)Prior to the 2012-13 Fiscal Year (FY), the annual cost of the  
            existing school safety plan mandate was approximately $5  
            million GF/98.  The 2012 Budget Act significantly reduced the  
            number of local education agencies filing K-12 mandate claims,  
            including the school safety plan mandate, with the enactment  
            of the K-12 Mandate Block Grant (see below).  

           SUMMAR CONTINUED
           
          1)Encourages a school district, if electing to receive  
            additional funding for campus safety from a state or federal  
            source, to use the funding to improve school climate, as  
            specified (to the extent this use is permitted by state and  
            federal law).  

          2)Encourages a school district that has police officers on  
            campus to create a MOU that clearly delineates the respective  
            roles and responsibilities of the school and the police  
            officers in order to maximize resources and to ensure the  
            administrative response to pupil conduct and minor offences  
            are handled pursuant to district policies and state law before  
            involving law enforcement.  Further requires the MOU to be  
            public and include participation and input from pupils,  
            parents, and the full school community.     

           COMMENTS  








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           1)Background  .  Existing law specifies that each school district  
            and county office of education (COE) is responsible for the  
            overall development of all K-12 school's comprehensive school  
            safety plans. It also delineates the contents of these plans,  
            including procedures for dealing with safety-related issues  
            and emergency procedures.  The school safety plan is required  
            to be updated annually.       

            Statute requires each schoolsite council to be responsible for  
            the development of the plan.  The council is required to  
            consult with a representative from law enforcement in writing  
            and developing the plan.  

           2)Purpose  .  According to the author, "Despite evidence that  
            schools are the safest place for our children, the tragedy at  
            Sandy Hook Elementary in Newtown, Connecticut has ignited the  
            need for action in communities across America. Across the  
            state, school districts such as Los Angeles Unified School  
            District, have responded to the very rational fears of parents  
            by deploying more law enforcement officers on school campuses.  
            They are an important part of overall community safety; they  
            are not the only means of keeping schools safe and can  
            actually have a counterproductive effect."  

            This bill requires comprehensive school safety plans to  
            include clear guidelines for the roles and responsibilities of  
            mental health and intervention professionals, school resource  
            officers, and police officers on a school campus.  

           3)Current law  authorizes the governing board of a school  
            district to establish a security department under the  
            direction of a chief of security, as designated by the  
            superintendent.  Statute expresses legislative intent that the  
            security department is supplementary to city and county law  
            enforcement agencies and is not vested with general police  
            powers.  

            Statue further authorizes the governing board of district to  
            establish a school police department under the supervision of  
            a school chief of police.  This department is authorized to  
            employ peace officers, as defined under the Penal Code.   

           4)K-12 Mandate Block Grant and existing obligations  .  The 2012  
            Budget Act allocated $166.6 million for this block grant.   








                                                                  AB 549
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            Essentially, a school district, charter school, or county  
            office of education may choose to receive a per-pupil  
            allocation to conduct existing K-12 mandated activities,  
            including developing a school safety plan.  If the district,  
            charter school, or COE chooses to receive this allocation it  
            forfeits its ability to claim mandate reimbursement via the  
            existing state process.  School districts received  
            approximately $28 per pupil; charter schools approximately $14  
            per pupil; and COEs approximately $29 per pupil.  The  
            advantage of this block grant is school districts will receive  
            annual funding now versus waiting to receive payment under the  
            existing claims process, which the state has deferred paying  
            for a number of years.  

            According to the Legislative Analyst Office (LAO), 634 school  
            districts (approximately 67% of all districts), 35 COEs  
            (approximately 60% of all COEs), and 877 charter schools  
            (approximately 93% of charter schools) participated in the  
            block grant.  Presumably if the requirements of this measure  
            are determined to be a state mandated program, its  
            requirements would be added to the block grant.  

            According to the LAO, the state owes approximately $4.2  
            billion GF/98 in mandate claims from prior years.  Until the  
            2011-12 FY, the state deferred K-14 mandate payments due to  
            the fiscal crisis.  Of the $4.2 billion GF/98, K-12 is owed  
            approximately $3.8 billion and California Community Colleges  
            are owed approximately $350 million.   




           Analysis Prepared by  :    Kimberly Rodriguez / APPR. / (916)  
          319-2081