BILL NUMBER: SB 49 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 18, 2013 AMENDED IN SENATE MAY 28, 2013 AMENDED IN SENATE MAY 1, 2013 AMENDED IN SENATE APRIL 15, 2013 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
specified administrators, no later than October 15, 2014, and every 3rd year thereafter, each superintendent of a school districts anddistrict or county officesoffice 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 and "administrator in charge" includes the designee of the administrator in charge. 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 or the administrator in charge of a school without a principal. (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 , or the administrator in charge of a school without a principal,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 or administrator in charge, the principal or administrator in chargemay 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 or administrator in chargechooses 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 wherebywhere 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 or the administrator in charge of a school without a principal. 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 at least once a yearby March 1, 2014, and every third year thereafter , 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 or administrator in charge of a school without a principalshall 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 or administrator in charge of a school without a principalshall provide written or electronic notice to each teacher and classified employee of that school 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 of each year, 2014, and every third year thereafter , each superintendent of a school district or county office of education , or each administrator in charge of a district or county office without a superintendent,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 annuallynotify the department by October 15 , 2014, and every third year thereafter, 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 or administrator in charge of a school without a principalshall 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 , or each administrator in charge of a district or county office without a superintendent,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) (1) All books, documents, records, and other papers kept and maintained pursuant to subdivisions (a) and (b) shall be open for inspection and copying , at a district office or a school, 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. (2) An electronic version of a book, document, record, or other paper shall be sufficient to satisfy the requirements of paragraph (1). 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.