AB 699,
as amended, Donnelly. begin deleteCounty superintendents of schools: county school service fund. end deletebegin insertSchool safety: Safe School Guarantee.end insert
(1) Existing law imposes various requirements on local educational agencies with respect to pupil safety.
end insertbegin insertThis bill would express legislative findings and declarations of the Legislature with respect to school safety. The bill would permit a parent or guardian of a public elementary or secondary school pupil to have the option to remove his or her child from an unsafe school, as defined, and enroll his or her child in another school within the same school district if a suspension or expulsion of a pupil for any of several specified offenses has occurred during the current or immediately preceding school year or an employee of the school is dismissed by the governing board of the school district for, or is convicted of, specified offenses. The bill would require that, if no safe school exists within the same school district, the parent or guardian shall have the option to transfer his or her child to a safe school in another school district. Because the bill would impose new duties on school districts, it would constitute a state-mandated local program.
end insertbegin insert(2) 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.
end insertbegin insertThis 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.
end insertExisting law authorizes a county superintendent of schools, with approval of the county board of education, to expend county school service funds for the purpose of administering and accounting for the county school service fund or to contract with and pay the county board of supervisors for services rendered in administering and accounting for the county school service fund.
end deleteThis bill would make nonsubstantive changes to this provision.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertArticle 3.7 (commencing with Section 32230) is
2added to Chapter 2 of Part 19 of
Division 1 of Title 1 of the end insertbegin insert3Education Codeend insertbegin insert, to read:end insert
4
(a) The Legislature finds and declares all of the
8following:
9(1) As required by Title IX of the federal No Child Left Behind
10Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the state board has
11established a policy for identifying schools that may be
12“persistently dangerous.”
13(2) If a school is designated as “persistently dangerous,” pupils
14of that school should be allowed to transfer to a safe school under
15the provisions of the Unsafe School Choice Option required by
16Title IX of the federal No Child Left Behind Act of 2001.
17(3) Since adoption by the state board of the policy for identifying
18schools that may be
“persistently dangerous” no school has been
19so designated.
P3 1(b) It is the intent of the Legislature to accomplish both of the
2 following:
3(1) To define “unsafe school” in the Education Code for the
4purposes of the federal No Child Left Behind Act of 2001 in a
5manner that is consistent with subdivision (f) of Section 28 of
6Article I of the California Constitution, which declares that all
7“students and staff of public primary, elementary, junior high, and
8senior high schools ... have the inalienable right to attend campuses
9which are safe, secure and peaceful.”
10(2) To give parents and guardians complete and total discretion
11to invoke their children’s constitutional right to a safe school.
(a) As used in this section, “unsafe school” means a
13public elementary or secondary school campus where pupils and
14staff have the reasonable apprehension that their person or
15property is not secure. The occurrence of any of the incidents listed
16in subdivision (b) during the current or immediately preceding
17school year shall constitute a rebuttable presumption that the
18campus where the incident occurred is an unsafe school.
19(b) Notwithstanding any other law or regulation, a parent or
20guardian of a public elementary or secondary school pupil shall
21have the option to remove his or her child from an unsafe school
22and enroll his or her child in another school within the same school
23district, if any of the following occur:
24(1) A suspension or expulsion of a pupil for any of the causes
25listed below has occurred during the current or immediately
26preceding school year:
27(A) Hate violence within the meaning of Section 48900.3.
28(B) Causing serious physical injury to another person, except
29in self-defense, within the meaning of subparagraph (A) of
30paragraph (1) of subdivision (a) of Section 48915.
31(C) Robbery or extortion within the meaning of subparagraph
32(D) of paragraph (1) of subdivision (a) of Section 48915.
33(D) Assault or battery upon a school employee within the
34meaning of subparagraph (E) paragraph (1) of subdivision (a) of
35Section 48915.
36(E) Possessing, selling, or otherwise furnishing a firearm within
37the meaning of paragraph (1) of subdivision (c) of Section 48915.
38(F) Brandishing a knife at another person within the meaning
39of paragraph (2) of subdivision (c) of Section 48915.
P4 1(G) Unlawfully selling a controlled substance within the
2meaning of paragraph (3) of subdivision (c) of Section 48915.
3(H) Committing or attempting to commit a sexual assault or
4sexual battery within the meaning of paragraph (4) of subdivision
5(c) of Section 48915.
6(I) Possession of an explosive within the meaning of paragraph
7(5) of subdivision (c) of Section 48915.
8(2) An employee of the school is dismissed by the governing
9board of
the school district for any offense described in Sections
1044010 and 44011 of this code, and Sections 11165.2 to 11165.6,
11inclusive, of the Penal Code.
12(3) An employee of the school is convicted for any of the acts
13described in Sections 44010 and 44011 of this code, and Sections
1411165.2 to 11165.6, inclusive, of the Penal Code.
15(c) If no safe school exists within the same school district, the
16parent or guardian shall have the option to transfer his or her
17child to a safe school in another school district.
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.
Section 1940 of the Education Code is amended
24to read:
The county superintendent of schools may, with the
26approval of the county board of education, expend county school
27service funds for the purpose of administering and accounting for
28the county school service fund, or he or she may, with the approval
29of the county board of education, contract with and pay the county
30board of supervisors for services rendered in administering and
31accounting for the county school service fund.
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