Amended in Assembly August 5, 2013

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 BillNo. 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, no later than October 15, 2014, and every 3rd year thereafter, each superintendent of a school district or county office 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.begin insert The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided.end insert 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:

P2    1

SECTION 1.  

Section 32280 of the Education Code is amended
2to read:

3

32280.  

(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.

P3    1(b) (1) For purposes of this article, law enforcement agencies
2include local police departments, county sheriffs’ offices, school
3district police or security departments, probation departments, the
4Attorney General, any district attorney, or any city attorney.

5(2) For purposes of this article, “safety plan” means a plan to
6develop strategies aimed at the prevention of, and education about,
7potential incidents involving crime and violence on the school
8campus.

9(3) For purposes of Sections 32281 and 32282, “principal”
10includes the principal’s designee.

11

SEC. 2.  

Section 32281 of the Education Code is amended to
12read:

13

32281.  

(a) Each school district and county office of education
14is responsible for the overall development of all comprehensive
15school safety plans for its schools operating kindergarten or any
16of grades 1 to 12, inclusive.

17(b) (1) Except as provided in subdivision (d) with regard to a
18small school district, the schoolsite council established pursuant
19to former Section 52012, as it existed before July 1, 2005, or
20Section 52852 shall write and develop a comprehensive school
21safety plan relevant to the needs and resources of that particular
22school.

23(2) The schoolsite council may delegate this responsibility to a
24school safety planning committee made up of the following
25members:

26(A) The principal.

27(B) One teacher who is a representative of the recognized
28certificated employee organization.

29(C) One parent whose child attends the school.

30(D) One classified employee who is a representative of the
31recognized classified employee organization.

32(E) Other members, if desired.

33(3) The schoolsite council shall consult with a representative
34from a law enforcement agency in the writing and development
35of the comprehensive school safety plan.

36(4) In the absence of a schoolsite council, the members specified
37in paragraph (2) shall serve as the school safety planning
38committee.

39(c) Nothing in this article shall limit or take away the authority
40of school boards as guaranteed under this code.

P4    1(d) (1) Subdivision (b) shall not apply to a small school district,
2as defined in paragraph (2), if the small school district develops a
3districtwide comprehensive school safety plan that is applicable
4to each schoolsite.

5(2) As used in this article, “small school district” means a school
6district that has fewer than 2,501 units of average daily attendance
7at the beginning of each fiscal year.

8(e) (1) If a principal verifies through local law enforcement
9officials that a report has been filed of the occurrence of a violent
10crime on the schoolsite of an elementary or secondary school at
11which he or she is the principal, the principal may send to each
12pupil’s parent or legal guardian and each school employee a written
13notice of the occurrence and general nature of the crime. If the
14principal chooses to send the written notice, the Legislature
15encourages the notice be sent no later than the end of business on
16the second regular workday after the verification. If, at the time
17of verification, local law enforcement officials determine that
18notification of the violent crime would hinder an ongoing
19investigation, the notification authorized by this subdivision shall
20be made within a reasonable period of time, to be determined by
21the local law enforcement agency and the school district. For
22purposes of this section, a “violent crime” means a Part 1 violent
23crime as defined in paragraph (2) of subdivision (i) of Section
2467381 and is an act for which a pupil could or would be expelled
25pursuant 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
14closed session.

15(4) Nothing in this subdivision shall be construed to reduce or
16eliminate the requirements of Section 32282.

17

SEC. 3.  

Section 32282 of the Education Code is amended to
18read:

19

32282.  

(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
27following:

28(A) Child abuse reporting procedures consistent with Article
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 where each pupil and staff member takes
6cover under a table or desk, dropping to his or her knees, with the
7head protected by the arms, and the back to the windows. A drop
8procedure practice shall be held at least once each school quarter
9in elementary schools and at least once each semester in secondary
10schools.

11(III) Protective measures to be taken before, during, and
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
6the school. For purposes of this paragraph, “gang-related apparel”
7shall not be considered a protected form of speech pursuant to
8Section 48950.

9(G) Procedures for safe ingress and egress of pupils, parents,
10and school employees to and from school.

11(H) A safe and orderly environment conducive to learning at
12the school.

13(I) Procedures related to individuals with guns on school
14campuses and at school-related functions, including, but not limited
15to, training programs related to active shooters and active terrorists.

16(J) The rules and procedures on school discipline adopted
17pursuant to Sections 35291 and 35291.5.

18(b) It is the intent of the Legislature that schools develop
19comprehensive school safety plans using existing resources,
20including the materials and services of the partnership, pursuant
21to this chapter. It is also the intent of the Legislature that schools
22use the handbook developed and distributed by the School/Law
23Enforcement Partnership Program entitled “Safe Schools: A
24Planning Guide for Action” in conjunction with developing their
25plan for school safety.

26(c) Grants to assist schools in implementing their comprehensive
27school safety plan shall be made available through the partnership
28as authorized by Section 32285.

29(d) Each schoolsite council or school safety planning committee
30in developing and updating a comprehensive school safety plan
31shall, where practical, consult, cooperate, and coordinate with
32other schoolsite councils or school safety planning committees.

33(e) The comprehensive school safety plan may be evaluated and
34amended, as needed, by the school safety planning committee, but
35shall be evaluated by March 1, 2014, and every third year
36thereafter, to ensure that the comprehensive school safety plan is
37properly implemented. An updated file of all safety-related plans
38and materials shall be readily available for inspection by law
39enforcement 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.

5

SEC. 4.  

Section 32285 of the Education Code is amended to
6read:

7

32285.  

(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
12following criteria:

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
32crime rates.

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.

38

SEC. 5.  

Section 32286 of the Education Code is amended to
39read:

P9    1

32286.  

(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.begin insert This subdivision does not limit a
8school from updating its comprehensive school safety plan prior
9to every third year.end insert

10(b) No later than July 31begin delete of every third yearend deletebegin insert, 2014, and every
11year thereafterend insert
, the principal shall accurately report on the status
12of the school’s safety plan for the upcoming school year, including
13a description of its key elements in the annual school accountability
14report card prepared pursuant to Sections 33126 and 35256. The
15report shall include, but is not limited to,begin delete whether or not a school
16safety plan was adopted for the upcoming year,end delete
the date the school
17safety plan was adopted and a description of the safety plan’s
18elements as set forth in Section 32282.

19(c) Each school principal shall provide written or electronic
20notice to each teacher and classified employee of that school that
21the adopted school safety plan is readily available for inspection.

22

SEC. 6.  

Section 32286.1 is added to the Education Code, to
23read:

24

32286.1.  

No later than October 15, 2014, and every third year
25thereafter, each superintendent of a school district or county office
26of education shall provide written notification to the Superintendent
27identifying each school within the school district or county that
28has not complied with Section 32281 or subdivision (b) of Section
2932286 for that school year.

30

SEC. 7.  

Section 32288 of the Education Code is amended to
31read:

32

32288.  

(a) In order to ensure compliance with this article, each
33school shall forward its comprehensive school safety plan to the
34school district or county office of education for approval.

35(b) (1) (A) Before adopting its comprehensive school safety
36plan, the schoolsite council or school safety planning committee
37shall hold a public meeting at the schoolsite in order to allow
38members of the public the opportunity to express an opinion about
39the school safety plan.

P10   1(B) Confidential information relating to tactical responses to
2criminal incidents, pursuant to paragraph (1) of subdivision (f) of
3Section 32281, shall not be included at the public meeting.

4(2) The schoolsite council or school safety planning committee
5shall notify, in writing, the following persons and entities, if
6available, of the public meeting:

7(A) The local mayor.

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

9(C) A representative of each parent organization at the
10schoolsite, including the parent teacher association and parent
11teacher clubs.

12(D) A representative of each teacher organization at the
13schoolsite.

14(E) A representative of the student body government.

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

16(3) The schoolsite council or school safety planning committee
17is encouraged to notify, in writing, the following persons and
18entities, if available, of the public meeting:

19(A) A representative of the local churches.

20(B) Local civic leaders.

21(C) Local business organizations.

begin delete

22(c) In order to ensure compliance with this article, each school
23district or county office of education shall notify the department
24by October 15, 2014, and every third year thereafter, of any schools
25that have not complied with Section 32281.

end delete
26

SEC. 8.  

Section 32288.1 is added to the Education Code, to
27read:

28

32288.1.  

(a) Each principal shall keep and maintain a copy of
29the most recent comprehensive school safety plan for that school.

30(b) Each superintendent of a school district or county office of
31education shall keep and maintain a copy of the most recent
32comprehensive school safety plan filed pursuant to Section 32288
33and a copy of every notification made pursuant to Section 32286.1.

34(c) (1) All books, documents, records, and other papers kept
35and maintained pursuant to subdivisions (a) and (b) shall be open
36for inspection and copying,begin insert during business hoursend insert at a district
37office orbegin insert during school hours atend insert a school, on business days,
38excluding legal holidays,begin delete during the hours of 9 a.m. to 5 p.m.,
39inclusive,end delete
within 48 hours of a written, verbal, or electronic request
40by a law enforcement agency described in Section 32280.

P11   1(2) An electronic version of a book, document, record, or other
2paper shall be sufficient to satisfy the requirements of paragraph
3(1).

4

SEC. 9.  

Section 32289 of the Education Code, as added by
5Section 1 of Chapter 272 of the Statutes of 2004, is repealed.

6

SEC. 10.  

Section 32289.5 is added to the Education Code, to
7read:

8

32289.5.  

The department shall monitor compliance with this
9article using an existing monitoring framework.

10

SEC. 11.  

If the Commission on State Mandates determines
11that this act contains costs mandated by the state, reimbursement
12to local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.



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