BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 49
          Author:   Lieu (D) and Steinberg (D), et al.
          Amended:  5/28/13
          Vote:     21


           SENATE EDUCATION COMMITTEE  :  9-0, 4/24/13
          AYES:  Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,  
            Jackson, Monning

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/13
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    School safety plans

           SOURCE  :     Author


           DIGEST  :    This bill requires school safety plans to include  
          procedures related to response to a person with a gun on campus,  
          extends from annually to every third year the frequency of  
          review of safety plans, and requires charter school petitions to  
          include a description of a school safety plan, as specified.

           ANALYSIS  :    

          Existing law:

          1.Requires each school district and county office of education  
            to be responsible for the overall development of all  
            comprehensive school safety plans for its schools.  The  
            schoolsite council is required to write and develop a  
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            comprehensive school safety plan relevant to the needs and  
            resources of that particular school.

          2.Authorizes the schoolsite council to delegate responsibility  
            for the development of the school safety plan to a school  
            safety planning committee, composed of the principal, one  
            teacher who is a representative of the recognized certificated  
            employee organization, one parent whose child attends the  
            school, one classified employee who is a representative of the  
            recognized classified employee organization, and other members  
            if desired.

          3.Authorizes school districts and county offices of education,  
            in consultation with law enforcement, to elect to not have its  
            schoolsite council develop and write portions of the school  
            safety plan that include tactical responses to criminal  
            incidents.  Portions of the safety plan containing tactical  
            responses may be developed by school administrators in  
            consultation with law enforcement and with a representative of  
            the employee bargaining unit.  Governing boards are authorized  
            to approve the tactical response portion of the safety plan in  
            a closed session.

          4.Requires the comprehensive school safety plan to include (1)  
            an assessment of the current status of school crime committed  
            on school campuses and at school-related functions and (2)  
            identification of appropriate strategies and programs that  
            will provide or maintain a high level of school safety and  
            detail procedures for complying with existing laws; disaster  
            procedures; policies regarding suspension or expulsion; a  
            discrimination and harassment policy; and, a safe and orderly  
            environment conducive to learning.

          5.Requires the comprehensive school safety plan to be evaluated  
            at least once a year.

          6.Requires the schoolsite council or school safety planning  
            committee to hold a public meeting to allow public comment,  
            and requires the notification of specified people and entities  
            prior to this meeting.  Existing law requires each school to  
            submit its school safety plan to the school district or county  
            office of education for approval and requires a school  
            district or California Office of Education to notify the  
            California Department of Education (CDE) by October 15 of  

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            every year of any school that is not in compliance.

          7.Requires each school to include a description of key elements  
            of the school safety plan in the annual school accountability  
            report card.

          8.Requires, if the Superintendent of Public Instruction (SPI)  
            determines that there has been a willful failure to make any  
            report required in school safety plan statutes to do both of  
            the following:

             A.   Notify the school district or county office of education  
               in which the willful failure has occurred.

             B.   Make an assessment of up to $2,000 against that school  
               or county office, which may be done by deducting funding  
               from the district's or county office's future  
               apportionment.

          Charter schools are exempt from most laws governing school  
          districts except where specifically noted.  Existing law  
          requires charter schools to comply with the provisions of its  
          charter and provisions of the Education Code that apply to  
          charter schools.

          1.Requires governing boards to grant a charter unless the  
            petition fails to meet one or more of the following:

             A.   The charter school presents an unsound educational  
               program.

             B.   The petitioners are demonstrably unlikely to  
               successfully implement the program described in the  
               petition.

             C.   The petition does not contain the number of required  
               signatures; and 

             D.   The petition does not contain an affirmation that it  
               will be nonsectarian in its programs and policies, shall  
               not charge tuition, shall not discriminate, and other  
               affirmations, as specified.

             E.   The petition does not contain reasonably comprehensive  

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               descriptions of among other elements, the procedures that  
               the school will follow to ensure the health and safety of  
               pupils and staff.
           
           This bill requires school safety plans to include procedures  
          related to response to a person with a gun on campus, extends  
          from annually to every third year the frequency of review of  
          safety plans, and requires charter school petitions to include a  
          description of a school safety plan.  Specifically, this bill:

          1.Adds to the required components in school safety plan  
            procedures related to individuals with guns on school campuses  
            and at school-related functions, including training programs  
            related to active shooters and active terrorists.

          2.Modifies the existing March 1, 2000, deadline for the adoption  
            of a school safety plan to instead require the adoption of a  
            plan with the changes proposed by this bill by March 1, 2014,  
            and requires plans to be reviewed and updated by March 1 of  
            every third year thereafter.

          3.Modifies the existing requirement that schools annually  
            include in the school accountability report card the status of  
            school safety plans, to require the status of plans for the  
            upcoming school year to be accurately reported no later than  
            July 31 of every third year.  This bill requires the report to  
            include, but is not limited to, whether or not a school safety  
            plan was adopted and a description of the safety plan's  
            elements.

          4.Prohibits confidential information relating to tactical  
            responses to criminal incidents from being included at the  
            public meeting currently required prior to the adoption of a  
            school safety plan.

          5.Requires each school principal or administrator of a school  
            without a principal to provide written or electronic notice to  
            each teacher and classified employee that the adopted school  
            safety plan is readily available for inspection. 

          6.Requires 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, to  
            annually provide written notification, by October 15, to the  

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            SPI identifying each school within the district or county that  
            has not accurately reported the status of plans in the school  
            accountability report card.

          7.Requires each principal or administrator in charge of a school  
            without a principal to keep and maintain a copy of the most  
            recent school safety plan for that school.  This bill requires  
            each superintendent of a school district or a county office,  
            or each administrator in charge of a district or county office  
            without a superintendent, to keep and maintain a copy of the  
            most recent school safety plan and a copy of every  
            notification sent to the SPI of schools that have not  
            developed school safety plans.

          8.Requires all books, documents, records, and other papers kept  
            and maintained to be open for inspection and copying on  
            business days, excluding legal holidays, during the hours of 9  
            a.m. and 5 p.m., within 48 hours of a written, verbal, or  
            electronic request by a law enforcement agency.

           9. Requires CDE to monitor compliance using an existing  
             monitoring framework.

           10.Eliminates the ability of a school principal to designate  
             another person to act in the principal's place regarding  
             duties associated with school safety plans.  This bill adds  
             "administrator in charge of a school without a principal."

           11.Modifies the requirement that all safety-related plans and  
             materials be readily available for inspection to strike  
             "public" and instead specify that plans are to be available  
             for inspection by law enforcement and school employees.

           12.Modifies the list of people and entities that must be  
             notified about the public meeting prior to adoption of a  
             school safety plan to strike reference to the local mayor and  
             a representative of the student body government.  This bill  
             also strikes reference to the list of people and entities  
             that the schoolsite council or school safety planning  
             committee is encouraged to notify.

           13.Adds non-governmental organizations to agencies that are to  
             be allowed to use school facilities during a disaster.


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           14.Adds the Attorney General and city attorneys to the  
             definition of law enforcement.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee, provisions of  
          this bill create new costs and new savings for the state.  The  
          realization of savings in certain provisions does not depend  
          upon incurring the costs in other provisions of this bill.

                 Extending frequency of school safety plan reviews:   
               Extending the frequency of required reviews from annually  
               to every three years will likely significantly reduce the  
               costs associated with an existing reimbursable state  
               mandate.

                 New requirements for school safety plans:  Significant  
               costs to expand the scope of an existing reimbursable  
               mandate for which the state currently pays in excess of $3  
               million, annually.

                 New requirements for charter petitions:  Significant  
               costs for charter petitioners and for existing charter  
               schools to the extent that they do not have school safety  
               plans in place.  New requirements may result in a  
               reimbursable mandate on school districts and county offices  
               of education in their capacity as charter authorizers.

           SUPPORT  :   (Verified  5/28/13)

          American Red Cross, California Chapter
          California Charter School Association
          California School Employees Association
          Los Angeles County Democratic Party
          Los Angeles County Office of Education
          PeaceBuilders
          Torrance Unified School District

           ARGUMENTS IN SUPPORT  :    According to the author, "School safety  
          plans do not service their purpose if there is no compliance.   
          Recent lockdowns of Los Angeles schools in response to various  
          crimes in their vicinity have exposed vast differences in the  
          way many of these schools deal with emergency situations.  In  

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          one case, according to the School District's Chief of Police,  
          thousands of students were kept in classrooms longer than  
          necessary (as much as five hours), causing frustrated parents to  
          complain about the district's handling of the situation.  Those  
          present at the command center remarked that some of the schools  
          were woefully unprepared and improvising on the spot.  The Los  
          Angeles police blamed individual schools for failing to develop  
          their own plans for managing emergencies."


          PQ:ej  5/28/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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