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 administratorsend delete of school begin delete districts andend delete county begin delete officesend delete 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 32280 of the Education Code is amended
(a) It is the intent of the Legislature that all California
4public schools, in kindergarten, and grades 1 to 12, inclusive,
5operated by school districts, in cooperation with local law
6enforcement agencies, community leaders, parents, pupils, teachers,
7administrators, and other persons who may be interested in the
8prevention of campus crime and violence, develop a comprehensive
9school safety plan that addresses the safety concerns identified
10through a systematic planning process.
11(b) (1) For purposes of this article, law enforcement agencies
12include local police departments, county sheriffs’ offices, school
13district police or security departments, probation departments, the
14Attorney General, any district attorney, or any city attorney.
P3 1(2) For purposes of this article, “safety plan” means a plan to
2develop strategies aimed at the prevention of, and education about,
3potential incidents involving crime and violence on the school
5(3) For purposes of Sections 32281 and 32282, “principal”
6includes the principal’s designee
begin delete and “administrator in charge” .
7includes the designee of the administrator in chargeend delete
Section 32281 of the Education Code is amended to
(a) Each school district and county office of education
11is responsible for the overall development of all comprehensive
12school safety plans for its schools operating kindergarten or any
13of grades 1 to 12, inclusive.
14(b) (1) Except as provided in subdivision (d) with regard to a
15small school district, the schoolsite council established pursuant
16to former Section 52012, as it existed before July 1, 2005, or
17Section 52852 shall write and develop a comprehensive school
18safety plan relevant to the needs and resources of that particular
20(2) The schoolsite council may delegate this responsibility to a
21school safety planning committee made up of the following
23(A) The principal
begin delete or the administrator in charge of a school .
24without a principalend delete
25(B) One teacher who is a representative of the recognized
26certificated employee organization.
27(C) One parent whose child attends the school.
28(D) One classified employee who is a representative of the
29recognized classified employee organization.
30(E) Other members, if desired.
31(3) The schoolsite council shall consult with a representative
32from a law enforcement agency in the writing and development
33of the comprehensive school safety plan.
34(4) In the absence of a schoolsite council, the members specified
35in paragraph (2) shall serve as the school safety planning
37(c) Nothing in this article shall limit or take away the authority
38of school boards as guaranteed under this code.
39(d) (1) Subdivision (b) shall not apply to a small school district,
40as defined in paragraph (2), if the small school district develops a
P4 1districtwide comprehensive school safety plan that is applicable
2to each schoolsite.
3(2) As used in this article, “small school district” means a school
4district that has fewer than 2,501 units of average daily attendance
5at the beginning of each fiscal year.
6(e) (1) If a principal
begin delete, or the administrator in charge of a school verifies through local law enforcement officials
7without a principal,end delete
8that a report has been filed of the occurrence of a violent crime on
9the schoolsite of an elementary or secondary school at which he
10or she is the principal
begin delete or administrator in chargeend delete, the principal begin delete or may
send to each pupil’s parent or legal
11administrator in chargeend delete
12guardian and each school employee a written notice of the
13occurrence and general nature of the crime. If the principal
begin delete or
14administrator in chargeend delete
15Legislature encourages the notice be sent no later than the end of
16business on the second regular workday after the verification. If,
17at the time of verification, local law enforcement officials
18determine that notification of the violent crime would hinder an
19ongoing investigation, the notification authorized by this
20subdivision shall be made within a reasonable period of time, to
21be determined by the local law enforcement agency and the school
22district. For purposes of this section, a “violent crime” means a
23Part 1 violent crime as defined in paragraph (2) of subdivision (i)
24of Section 67381 and is an act for which a pupil could or would
25be expelled pursuant to Section 48915.
26(2) Nothing in this subdivision shall create any liability in a
27school district or its employees for complying with paragraph (1).
28(f) (1) Notwithstanding subdivision (b), a school district or
29county office of education may, in consultation with law
30enforcement officials, elect to not have its schoolsite council
31develop and write those portions of its comprehensive school safety
32plan that include tactical responses to criminal incidents that may
33result in death or serious bodily injury at the schoolsite. The
34portions of a school safety plan that include tactical responses to
35criminal incidents may be developed by administrators of the
36school district or county office of education in consultation with
37law enforcement officials and with a representative of an exclusive
38bargaining unit of employees of that school district or county office
39of education, if he or she chooses to participate. The school district
40or county office of education may elect not to disclose those
P5 1portions of the comprehensive school safety plan that include
2tactical responses to criminal incidents.
3(2) As used in this article, “tactical responses to criminal
4incidents” means steps taken to safeguard pupils and staff, to secure
5the affected school premises, and to apprehend the criminal
6perpetrator or perpetrators.
7(3) Nothing in this subdivision precludes the governing board
8of a school district or county office of education from conferring
9in a closed session with law enforcement officials pursuant to
10Section 54957 of the Government Code to approve a tactical
11response plan developed in consultation with those officials
12pursuant to this subdivision. Any vote to approve the tactical
13response plan shall be announced in open session following the
15(4) Nothing in this subdivision shall be construed to reduce or
16eliminate the requirements of Section 32282.
Section 32282 of the Education Code is amended to
(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
28(A) Child abuse reporting procedures consistent
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 district or county
39office may work with the California Emergency Management
40Agency and the Seismic Safety Commission to develop and
P6 1establish the earthquake emergency procedure system. The system
2shall include, but not be limited to, all of the following:
3(I) A school building disaster plan, ready for implementation
4at any time, for maintaining the safety and care of pupils and staff.
5(II) A drop procedure
begin delete wherebyend delete each pupil and staff
6member takes cover under a table or desk, dropping to his or her
7knees, with the head protected by the arms, and the back to the
8windows. A drop procedure practice shall be held at least once
9each school quarter in elementary schools and at least once each
10semester in secondary schools.
11(III) Protective measures to be taken before, during,
12 following an earthquake.
13(IV) A program to ensure that pupils and both the certificated
14and classified staff are aware of, and properly trained in, the
15earthquake emergency procedure system.
16(ii) Establishing a procedure to allow a public agency or
17nongovernmental organization, including the American Red Cross,
18to use school buildings, grounds, and equipment for mass care and
19welfare shelters during disasters or other emergencies affecting
20the public health and welfare. The school district or county office
21of education shall cooperate with the public agency or
22nongovernmental organization in furnishing and maintaining the
23services as the school district or county office of education may
24deem necessary 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 which would lead
28to suspension, 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 any 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
P7 1that, if worn or displayed on a school campus, reasonably could
2be determined to threaten the health and safety of the school
3environment. Any schoolwide dress code established pursuant to
4this section and Section 35183 shall be enforced on the school
5campus and at any school-sponsored activity by the principal of
begin delete or the administrator in charge of a school without a . For purposes of this paragraph, “gang-related apparel”
8shall not be considered a protected form of speech pursuant to
10(G) Procedures for safe ingress and egress of pupils, parents,
11and school employees to and from school.
12(H) A safe and orderly environment conducive to learning at
14(I) Procedures related to individuals with guns on school
15campuses and at school-related functions, including, but not limited
16to, training programs related to active shooters and active terrorists.
17(J) The rules and procedures on school discipline adopted
18pursuant to Sections 35291 and 35291.5.
19(b) It is the intent of the Legislature that schools develop
20comprehensive school safety plans using existing resources,
21including the materials and services of the partnership, pursuant
22to this chapter. It is also the intent of the Legislature that schools
23use the handbook developed and distributed by the School/Law
24Enforcement Partnership Program entitled “Safe Schools: A
25Planning Guide for Action” in conjunction with developing their
26plan for school safety.
27(c) Grants to assist schools in implementing their comprehensive
28school safety plan shall be made available through the partnership
29as authorized by Section 32285.
30(d) Each schoolsite council or school safety planning committee
31in developing and updating a comprehensive school safety plan
32shall, where practical, consult, cooperate, and coordinate with
33other schoolsite councils or school safety planning committees.
34(e) The comprehensive school safety plan
may be evaluated and
35amended, as needed, by the school safety planning committee, but
36shall be evaluated
begin delete at least once a yearend delete, to ensure that the comprehensive school
38safety plan is properly implemented. An updated file of all
39safety-related plans and materials shall be readily available for
40inspection by law enforcement and school employees.
P8 1(f) As comprehensive school safety plans are reviewed and
2updated, the Legislature encourages all plans, to the extent that
3resources are available, to include policies and procedures aimed
4at the prevention of bullying.
Section 32285 of the Education Code is amended to
(a) The governing board of a school district, on behalf
8of one or more schools within the district that have developed a
9school safety plan, may apply to the Superintendent for a grant to
10implement school safety plans. The partnership may award grants
11for school safety plans that include, but are not limited to, the
13(1) Assessment of the recent incidence of crime committed on
14the school campus.
15(2) Identification of appropriate strategies and programs that
16will provide or maintain a high level of school safety.
17(3) Development of an action plan, in conjunction with local
18law enforcement agencies, for implementing appropriate safety
19strategies and programs, and determining the fiscal impact of
20executing the strategies and programs. The action plan shall
21identify available resources which will provide for implementation
22of the plan.
23(b) The Superintendent shall award grants pursuant to this
24section to school districts for the implementation of individual
25school safety plans in an amount not to exceed five thousand
26dollars ($5,000) for each school. A grant shall not be made unless
27the school district makes available, for purposes of implementing
28the school safety plans, an amount of funds equal to the amount
29of the grant. Grants shall be awarded through a competitive process,
30based upon criteria including, but not limited to, the merit of the
31proposal and the need for imposing school safety, based on school
33(c) Any school receiving a grant under this section shall submit
34to the Superintendent verified copies of its schoolsite crime report
35annually for three consecutive years following the receipt of the
36grant to study the impact of the implementation of the school safety
37plan on the incidence of crime on the campus of the school.
Section 32286 of the Education Code is amended to
(a) Each school shall adopt its comprehensive school
2safety plan by March 1, 2014, and shall review and update its plan
3by March 1 of every third year thereafter. A new school campus
4that begins offering classes to pupils after March 1, 2001, shall
5adopt a comprehensive school safety plan within one year of
6initiating operation, and shall review and update its plan by March
71 of every third year thereafter.
8(b) No later than July 31 of every third year, the principal
begin delete or shall
9administrator in charge of a school without a principalend delete
10accurately report on the status of the school’s safety plan for the
11upcoming school year, including a description of its key elements
12in the annual school accountability report card prepared pursuant
13to Sections 33126 and 35256. The report shall include, but is not
14limited to, whether or not a school safety plan was adopted for the
15upcoming year, the date the school safety plan was adopted and a
16description of the safety plan’s elements as set forth in Section
18(c) Each school principal
begin delete or administrator in charge of a school shall provide written or electronic notice to
19without a principalend delete
20each teacher and classified employee that the adopted
21school safety plan is readily available for inspection.
Section 32286.1 is added to the Education Code, to
No later than October 15
begin delete of each yearend delete, each superintendent of a school district
26or county office of education
begin delete, or each administrator in charge of shall provide
27a district or county office without a superintendent,end delete
28written notification to the Superintendent identifying each school
29within the school district or county that has not complied with
30Section 32281 or subdivision (b) of Section 32286 for that school
Section 32288 of the Education Code is amended to
(a) In order to ensure compliance with this article, each
35school shall forward its comprehensive school safety plan to the
36school district or county office of education for approval.
37(b) (1) (A) Before adopting its comprehensive school safety
38plan, the schoolsite council or school safety planning committee
39shall hold a public meeting at the schoolsite in order to allow
P10 1members of the public the opportunity to express an opinion about
2the school safety plan.
3(B) Confidential information relating to tactical responses to
4criminal incidents, pursuant to paragraph (1) of subdivision (f) of
5Section 32281, shall not be included at the public meeting.
6(2) The schoolsite council or school safety planning committee
7shall notify, in writing, the following persons and entities, if
8available, of the public meeting:
9(A) The local mayor.
10(B) A representative of the local school employee organization.
11(C) A representative of each parent organization at the
12schoolsite, including the parent teacher association and parent
14(D) A representative of each teacher organization at the
16(E) A representative of the student body government.
17(F) All persons who have indicated they want to be notified.
18(3) The schoolsite council or school safety planning committee
19is encouraged to notify, in writing, the following persons and
20entities, if available, of the public meeting:
21(A) A representative of the local churches.
22(B) Local civic leaders.
23(C) Local business organizations.
24(c) In order to ensure compliance with this article, each school
25district or county office of education shall
begin delete annuallyend delete
26department by October 15
27 of any schools that have not complied with Section 32281.
Section 32288.1 is added to the Education Code, to
(a) Each principal
begin delete or administrator in charge of a shall keep and maintain a copy of the
31school without a principalend delete
32most recent comprehensive school safety plan for that school.
33(b) Each superintendent of a school district or county office of
begin delete, or each administrator in charge of a district or county shall keep and maintain a copy of
35office without a superintendent,end delete
36the most recent comprehensive school safety plan filed pursuant
37to Section 32288 and a copy of every notification made pursuant
38to Section 32286.1.
39(c) All books, documents, records, and other papers kept
40and maintained pursuant to subdivisions (a) and (b) shall be open
P11 1for inspection and copying on
2business days, excluding legal holidays, during the hours of 9 a.m.
3to 5 p.m., inclusive, within 48 hours of a written, verbal, or
4electronic request by a law enforcement agency described in
Section 32289 of the Education Code, as added by
10Section 1 of Chapter 272 of the Statutes of 2004, is repealed.
Section 32289.5 is added to the Education Code, to
The department shall monitor compliance with this
14article using an existing monitoring framework.
If the Commission on State Mandates determines
16that this act contains costs mandated by the state, reimbursement
17to local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.