Amended in Assembly June 18, 2013

Amended in Senate May 28, 2013

Amended in Senate May 1, 2013

Amended in Senate April 15, 2013

Senate Bill No. 49

Introduced by Senators Lieu and Steinberg

(Principal coauthor: Assembly Member Olsen)

(Coauthor: Assembly Member Muratsuchi)

December 19, 2012

An act to amend Sections 32280, 32281, 32282, 32285, 32286, and 32288 of, to add Sections 32286.1, 32288.1, and 32289.5 to, and to repeal Section 32289 of, the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 49, as amended, Lieu. School safety plans.

(1) Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools. Existing law requires the schoolsite council of a school to write and develop the school safety plan relevant to the needs and resources of the particular school. Existing law requires a schoolsite council or school safety planning committee, before adopting a school safety plan, to hold a public meeting at the schoolsite, as specified. Existing law requires schools to forward copies of their school safety plans to the school district or county office of education for approval. Existing law requires school districts and county offices of education annually to notify the State Department of Education regarding schools that fail to adopt a school safety plan.

This bill would revise and recast those procedures. The bill would, among other things, require each school to adopt its comprehensive school safety plan by March 1, 2014, and to review and update its plan by March 1 of every 3rd year thereafter. The bill would require begin delete specified administrators end delete begin insert , no later than October 15, 2014, and every 3rd year thereafter, each superintendent end insert of begin insert a end insert school begin delete districts and end delete begin insert district or end insert county begin delete offices end delete begin insert office end insert of education to provide written notification to the Superintendent of Public Instruction identifying each school within the school district or county that has not complied with the requirement to adopt, and periodically review and update, a comprehensive school safety plan. The bill would require the department to monitor compliance with these provisions using an existing monitoring framework. By requiring school and local educational agency officers to perform additional duties, the bill would impose a state-mandated local program.

(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.

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.  

Section 32280 of the Education Code is amended
to read:

32280.  

(a) It is the intent of the Legislature that all California
public schools, in kindergarten, and grades 1 to 12, inclusive,
operated by school districts, in cooperation with local law
enforcement agencies, community leaders, parents, pupils, teachers,
administrators, and other persons who may be interested in the
prevention of campus crime and violence, develop a comprehensive
school safety plan that addresses the safety concerns identified
through a systematic planning process.

(b) (1) For purposes of this article, law enforcement agencies
include local police departments, county sheriffs’ offices, school
district police or security departments, probation departments, the
Attorney General, any district attorney, or any city attorney.

(2) For purposes of this article, “safety plan” means a plan to
develop strategies aimed at the prevention of, and education about,
potential incidents involving crime and violence on the school
campus.

(3) For purposes of Sections 32281 and 32282, “principal”
includes the principal’s designee begin delete and “administrator in charge”
includes the designee of the administrator in charge end delete .

SEC. 2.  

Section 32281 of the Education Code is amended to
read:

32281.  

(a) Each school district and county office of education
is responsible for the overall development of all comprehensive
school safety plans for its schools operating kindergarten or any
of grades 1 to 12, inclusive.

(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant
to former Section 52012, as it existed before July 1, 2005, or
Section 52852 shall write and develop a comprehensive school
safety plan relevant to the needs and resources of that particular
school.

(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following
members:

(A) The principal begin delete or the administrator in charge of a school
without a principal end delete .

(B) One teacher who is a representative of the recognized
certificated employee organization.

(C) One parent whose child attends the school.

(D) One classified employee who is a representative of the
recognized classified employee organization.

(E) Other members, if desired.

(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development
of the comprehensive school safety plan.

(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning
committee.

(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.

(d) (1) Subdivision (b) shall not apply to a small school district,
as defined in paragraph (2), if the small school district develops a
districtwide comprehensive school safety plan that is applicable
to each schoolsite.

(2) As used in this article, “small school district” means a school
district that has fewer than 2,501 units of average daily attendance
at the beginning of each fiscal year.

(e) (1) If a principal begin delete , or the administrator in charge of a school
without a principal, end delete verifies through local law enforcement officials
that a report has been filed of the occurrence of a violent crime on
the schoolsite of an elementary or secondary school at which he
or she is the principal begin delete or administrator in charge end delete , the principal begin delete or
administrator in charge end delete may send to each pupil’s parent or legal
guardian and each school employee a written notice of the
occurrence and general nature of the crime. If the principal begin delete or
administrator in charge end delete chooses to send the written notice, the
Legislature encourages the notice be sent no later than the end of
business on the second regular workday after the verification. If,
at the time of verification, local law enforcement officials
determine that notification of the violent crime would hinder an
ongoing investigation, the notification authorized by this
subdivision shall be made within a reasonable period of time, to
be determined by the local law enforcement agency and the school
district. For purposes of this section, a “violent crime” means a
Part 1 violent crime as defined in paragraph (2) of subdivision (i)
of Section 67381 and is an act for which a pupil could or would
be expelled pursuant to Section 48915.

(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).

(f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law
enforcement officials, elect to not have its schoolsite council
develop and write those portions of its comprehensive school safety
plan that include tactical responses to criminal incidents that may
result in death or serious bodily injury at the schoolsite. The
portions of a school safety plan that include tactical responses to
criminal incidents may be developed by administrators of the
school district or county office of education in consultation with
law enforcement officials and with a representative of an exclusive
bargaining unit of employees of that school district or county office
of education, if he or she chooses to participate. The school district
or county office of education may elect not to disclose those
portions of the comprehensive school safety plan that include
tactical responses to criminal incidents.

(2) As used in this article, “tactical responses to criminal
incidents” means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.

(3) Nothing in this subdivision precludes the governing board
of a school district or county office of education from conferring
in a closed session with law enforcement officials pursuant to
Section 54957 of the Government Code to approve a tactical
response plan developed in consultation with those officials
pursuant to this subdivision. Any vote to approve the tactical
response plan shall be announced in open session following the
closed session.

(4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.

SEC. 3.  

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 district or county
office 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 begin delete whereby end delete begin insert where end insert 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 each
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 or
nongovernmental organization, 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 or
nongovernmental organization 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 which 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 any 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. Any 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 begin delete or the administrator in charge of a school without a
principal end delete . 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) Procedures related to individuals with guns on school
campuses and at school-related functions, including, but not limited
to, training programs related to active shooters and active terrorists.

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

(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 begin delete at least once a year end delete begin insert by March 1, 2014, and every
third year thereafter end insert , 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 law enforcement and school employees.

(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.

SEC. 4.  

Section 32285 of the Education Code is amended to
read:

32285.  

(a) The governing board of a school district, on behalf
of one or more schools within the district that have developed a
school safety plan, may apply to the Superintendent for a grant to
implement school safety plans. The partnership may award grants
for school safety plans that include, but are not limited to, the
following criteria:

(1) Assessment of the recent incidence of crime committed on
the school campus.

(2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.

(3) Development of an action plan, in conjunction with local
law enforcement agencies, for implementing appropriate safety
strategies and programs, and determining the fiscal impact of
executing the strategies and programs. The action plan shall
identify available resources which will provide for implementation
of the plan.

(b) The Superintendent shall award grants pursuant to this
section to school districts for the implementation of individual
school safety plans in an amount not to exceed five thousand
dollars ($5,000) for each school. A grant shall not be made unless
the school district makes available, for purposes of implementing
the school safety plans, an amount of funds equal to the amount
of the grant. Grants shall be awarded through a competitive process,
based upon criteria including, but not limited to, the merit of the
proposal and the need for imposing school safety, based on school
crime rates.

(c) Any school receiving a grant under this section shall submit
to the Superintendent verified copies of its schoolsite crime report
annually for three consecutive years following the receipt of the
grant to study the impact of the implementation of the school safety
plan on the incidence of crime on the campus of the school.

SEC. 5.  

Section 32286 of the Education Code is amended to
read:

32286.  

(a) Each school shall adopt its comprehensive school
safety plan by March 1, 2014, and shall review and update its plan
by March 1 of every third year thereafter. A new school campus
that begins offering classes to pupils after March 1, 2001, shall
adopt a comprehensive school safety plan within one year of
initiating operation, and shall review and update its plan by March
1 of every third year thereafter.

(b) No later than July 31 of every third year, the principal begin delete or
administrator in charge of a school without a principal end delete shall
accurately report on the status of the school’s safety plan for the
upcoming school year, including a description of its key elements
in the annual school accountability report card prepared pursuant
to Sections 33126 and 35256. The report shall include, but is not
limited to, whether or not a school safety plan was adopted for the
upcoming year, the date the school safety plan was adopted and a
description of the safety plan’s elements as set forth in Section
32282.

(c) Each school principal begin delete or administrator in charge of a school
without a principal end delete shall provide written or electronic notice to
each teacher and classified employee begin insert of that school end insert that the adopted
school safety plan is readily available for inspection.

SEC. 6.  

Section 32286.1 is added to the Education Code, to
read:

32286.1.  

No later than October 15 begin delete of each year end delete begin insert , 2014, and
every third year thereafter end insert , each superintendent of a school district
or county office of education begin delete , or each administrator in charge of
a district or county office without a superintendent, end delete shall provide
written notification to the Superintendent identifying each school
within the school district or county that has not complied with
Section 32281 or subdivision (b) of Section 32286 for that school
year.

SEC. 7.  

Section 32288 of the Education Code is amended to
read:

32288.  

(a) In order to ensure compliance with this article, each
school shall forward its comprehensive school safety plan to the
school district or county office of education for approval.

(b) (1) (A) Before adopting its comprehensive school safety
plan, the schoolsite council or school safety planning committee
shall hold a public meeting at the schoolsite in order to allow
members of the public the opportunity to express an opinion about
the school safety plan.

(B) Confidential information relating to tactical responses to
criminal incidents, pursuant to paragraph (1) of subdivision (f) of
Section 32281, shall not be included at the public meeting.

(2) The schoolsite council or school safety planning committee
shall notify, in writing, the following persons and entities, if
available, of the public meeting:

(A) The local mayor.

(B) A representative of the local school employee organization.

(C) A representative of each parent organization at the
schoolsite, including the parent teacher association and parent
teacher clubs.

(D) A representative of each teacher organization at the
schoolsite.

(E) A representative of the student body government.

(F) All persons who have indicated they want to be notified.

(3) The schoolsite council or school safety planning committee
is encouraged to notify, in writing, the following persons and
entities, if available, of the public meeting:

(A) A representative of the local churches.

(B) Local civic leaders.

(C) Local business organizations.

(c) In order to ensure compliance with this article, each school
district or county office of education shall begin delete annually end delete notify the
department by October 15 begin insert , 2014, and every third year thereafter, end insert
of any schools that have not complied with Section 32281.

SEC. 8.  

Section 32288.1 is added to the Education Code, to
read:

32288.1.  

(a) Each principal begin delete or administrator in charge of a
school without a principal end delete shall keep and maintain a copy of the
most recent comprehensive school safety plan for that school.

(b) Each superintendent of a school district or county office of
education begin delete , or each administrator in charge of a district or county
office without a superintendent, end delete shall keep and maintain a copy of
the most recent comprehensive school safety plan filed pursuant
to Section 32288 and a copy of every notification made pursuant
to Section 32286.1.

(c)  begin insert (1) end insert begin insert   end insert All books, documents, records, and other papers kept
and maintained pursuant to subdivisions (a) and (b) shall be open
for inspection and copying begin insert , at a district office or a school, end insert on
business days, excluding legal holidays, during the hours of 9 a.m.
to 5 p.m., inclusive, within 48 hours of a written, verbal, or
electronic request by a law enforcement agency described in
Section 32280.

begin insert

(2) An electronic version of a book, document, record, or other
paper shall be sufficient to satisfy the requirements of paragraph
(1).

end insert

SEC. 9.  

Section 32289 of the Education Code, as added by
Section 1 of Chapter 272 of the Statutes of 2004, is repealed.

SEC. 10.  

Section 32289.5 is added to the Education Code, to
read:

32289.5.  

The department shall monitor compliance with this
article using an existing monitoring framework.

SEC. 11.  

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.