BILL ANALYSIS                                                                                                                                                                                                    ”



                                                                  SB 49
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          Date of Hearing:   June 26, 2013

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Joan Buchanan, Chair
                SB 49 (Lieu and Steinberg) - As Amended:  May 28, 2013

           SENATE VOTE  :   39-0
           
          SUBJECT  :   School safety plans

          SUMMARY  :   Makes changes to the provisions governing  
          comprehensive school safety plans.  Specifically,  this bill  :  

          1)Adds the Attorney General and city attorneys to the definition  
            of law enforcement agencies.

          2)Specifies that "principal" includes the principal's designee.

          3)Adds nongovernmental organization to the provision requiring  
            the school safety plan to include a procedure to allow  
            specified entities to use school buildings, grounds, and  
            equipment for mass care and welfare shelters during disasters  
            or other emergencies.

          4)Adds as a required component of the school safety plan  
            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.

          5)Updates the date by which each school must adopt its  
            comprehensive school safety plan, from March 1, 2000 to March  
            1, 2014, and requires the school to review and update its plan  
            every third year thereafter, instead of every year thereafter.  
              

          6)Specifies that the comprehensive school safety plan may be  
            evaluated and amended as needed by the school safety planning  
            committee, but shall be evaluated by March 1, 2014 and every  
            third year thereafter, rather than at least once a year.   
            Requires an updated file of all safety-related plans and  
            materials to be readily available for inspection by law  
            enforcement and school employees, rather than by the public.  

          7)Strikes a duplicative provision requiring the comprehensive  








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            school safety plan, as written and updated by the schoolsite  
            council or school safety planning committee, to be submitted  
            to the school district or county office of education (COE) for  
            approval. 

          8)Requires a principal, no later than July 31 of every third  
            year, instead of every year, to accurately report 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 (SARC).  Requires the report  
            to 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. 

          9)Requires each principal to provide a written or electronic  
            notice to each teacher and classified employee of that school  
            that the adopted school safety plan is readily available for  
            inspection.

          10)Requires, no later than October 15, 2014 and every third year  
            thereafter, each superintendent of a school district or COE to  
            provide written notification to the Superintendent of Public  
            Instruction (SPI) identifying each school within the school  
            district or county that has not complied with the requirement  
            to develop a comprehensive school safety plan or included the  
            information about the school safety plan on the SARC.

          11)Specifies that confidential information relating to tactical  
            responses to criminal incidents shall not be included at the  
            public meeting to allow members of the public an opportunity  
            to express an opinion about the school safety plan.  

          12)Requires each principal to keep and maintain a copy of the  
            most recent school safety plan for that school, and the  
            superintendent of the district or COE to keep a copy of the  
            most recent school safety plan and every notification made to  
            the SPI identifying each school within the district or county  
            that has not complied with the requirement to develop a school  
            safety plan.  

          13)Requires all books, documents, records, and other papers kept  
            and maintained to be open for inspection and copying at the  
            district office or school on business days, excluding legal  
            holidays, during the hours of 9 a.m. to 5 p.m., within 48  








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            hours of a written, verbal, or electronic request by a law  
            enforcement agency.  Specifies that an electronic version of a  
            book, document, record or other paper is sufficient to meet  
            the requirements of this provision.

          14)Strikes the provision authorizing a complaint of  
            noncompliance with the school safety planning requirement of  
            Title IV of the federal No Child Left Behind Act of 2001 to be  
            filed with the California Department of Education (CDE) under  
            the Uniform Complaint Procedures.  

          15)Requires the CDE to monitor compliance using an existing  
            monitoring framework.

           EXISTING LAW  :

          1)Specifies that the schoolsite council or a school safety  
            planning committee is responsible for developing the  
            comprehensive school safety plan.  (Education Code Section  
            (EC) 32281)

          2)Specifies that the comprehensive school safety plan shall  
            include an assessment of the current status of school crime  
            committed on school campuses and at school-related functions  
            and identification of 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, including child abuse reporting  
            procedures; disaster procedures; an earthquake emergency  
            procedure system; policies regarding pupils who commit  
            specified acts that would lead to suspension or expulsion;  
            procedures to notify teachers of dangerous pupils; a  
            discrimination and harassment policy; the provisions of any  
            schoolwide dress code; procedures for safe ingress and egress  
            of pupils, parents, and school employees to and from school; a  
            safe and orderly environment conducive to learning; rules and  
            procedures on school discipline; and hate crime reporting  
            procedures.  (EC 32282)

          3)Requires the comprehensive school safety plan to be evaluated  
            at least once a year.  (EC 32282)

          4)Requires each school to include a description of key elements  
            of the school safety plan in the annual SARC.  (EC 32286)









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          5)Requires the schoolsite council or school safety planning  
            committee to hold a public meeting to allow public comment.   
            Requires the comprehensive school safety plan to be submitted  
            to the school district or COE for approval and requires a  
            school district or COE to notify the CDE by October 15 of  
            every year of any school that is not in compliance.  (EC  
            32288)

          6)Provides that if the SPI determines that there has been a  
            willful failure to make any report, the SPI shall notify and  
            assess no more than $2,000 against that school district or  
            COE.  (EC 32287) 

          7)Authorizes the portions of a school safety plan that include  
            tactical responses to criminal incidents to be developed by  
            school district or COE administrators in consultation with law  
            enforcement officials and with a representative of an  
            exclusive bargaining unit of school district or COE employees,  
            if he or she chooses to participate.  Authorizes the school  
            district or COE to elect not to disclose those portions of the  
            comprehensive school safety plan that include tactical  
            responses to criminal incidents.  (EC 32281)

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, extending the frequency of required reviews from  
          annually to every third year will likely significantly reduce  
          the costs associated with an existing reimbursable state  
          mandate.  Significant costs to expand the scope of an existing  
          reimbursable mandate for which the state currently pays in  
          excess of $3 million, annually.

          COMMENTS  :   Background  .  Existing law requires each school to  
          develop a school safety plan that includes processes,  
          procedures, and policies to ensure student and staff safety at a  
          school site.  The components of the plan range from daily  
          processes, such as procedures for safe ingress and egress of  
          pupils, parents and school employees; to disaster and emergency  
          procedures such as those during and after earthquakes; to  
          behavioral policies such as discrimination and harassment  
          policies.  The school safety plan is developed by a school site  
          council or a school safety planning committee.  Current law  
          requires a school to submit the school safety plan to the school  
          district or COE for approval and requires the school district or  
          COE to annually notify the CDE of any schools that have not  
          complied with the requirement to develop a school safety plan.   








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          The SPI is authorized to impose a fine of not more than $2,000  
          against a school district or COE for any willful failure to make  
          any required report.  According to the CDE, there has been no  
          report of noncompliance by schools and no district or COE has  
          been fined for willfully failing to report a school that has not  
          developed a school safety plan.  It is unclear whether this is  
          because there has no violations and every school in the state  
          has developed its school safety plan, or whether districts or  
          COEs have not reported schools that have not developed their  
          school safety plans.    

           Purpose of the bill  .  According to the author, a substantial  
          number of schools throughout the state have not complied with  
          the requirement to develop a school safety plan, due to the fact  
          that self reporting has proven ineffective.  The author reviewed  
          SARC reports of schools in the Los Angeles Unified School  
          District and reports that in 2008-09, 53.2% of middle schools  
          and 49.1% of senior high and continuation schools did not report  
          school safety plans.  The author further states that with the  
          recent events in Connecticut, it is imperative for all schools  
          to have up-to-date school safety plans.  

           This bill  makes a number of changes to the school safety plan,  
          including updating the date by which each school must adopt a  
          school safety plan, from March 1, 2000 to March 1, 2014.  The  
          bill changes the requirement to update and review the school  
          safety plan from annually to once every three years.  According  
          to the author, this is to provide flexibility to schools as  
          school safety plans may not need to be updated every year.   
          Staff recommends an amendment to specify that nothing prohibits  
          each school from reviewing and updating its plan as needed in  
          between the three years.  

          This bill adds informational provisions; including requiring the  
          principal to notify all school staff in a written or electronic  
          format that the school safety plan is available for inspection,  
          and requiring all documents, records, books and material related  
          to the school safety plan to be open for inspection and copying  
          at the district office or a school between 9 a.m. and 5 p.m. on  
          business days, within 48 hours of a written, verbal, or  
          electronic request by a law enforcement agency.  Requiring the  
          materials to be available from 9 a.m. to 5 p.m. may be too  
          restrictive.  While a district office may maintain those hours,  
          school hours will vary.  Staff recommends an amendment  
          specifying "school hours" for schools and "business hours" for  








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          district offices.      

          The bill revises the provision requiring a school district or  
          COE to  notify  the CDE of any schools that have complied with the  
          requirements to develop a school safety plan.  Specifically, the  
          bill requires the superintendent of a school district or COE to,  
          by October 15, 2014 and every third year thereafter, provide  
           written  notification to the SPI of any school that has not  
          complied with the development of a school safety plan or the  
          requirement to include elements of the school safety plan in the  
          SARC.  The SARC is an annual report card with information about  
          students and the school, including pupil demographics, student  
          assessment results, teacher qualifications, and many other  
          provisions.  

          The bill makes conforming changes in the SARC provisions to  
          require information regarding the school safety plan to be  
          included in the SARC every third year.  This could be  
          interpreted to mean that the SARC would only contain information  
          about the school safety plan every third year.  Staff recommends  
          an amendment to require the information to be included every  
          year and updated when the school safety plan is updated.  

          This bill adds to the required components in the school safety  
          plan 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.  According to the author, it is not the  
          intent of this bill to require participation in training  
          programs.  The bill also clarifies that strategies relating to  
          tactical responses to criminal incidents, developed by  
          administrators, in consultation with law enforcement agencies,  
          and approved in closed session, shall not be included in the  
          meeting to allow the public an opportunity to provide comments  
          about the school safety plan.  

           Technical amendment  .  The bill's new provision in Section 6 of  
          the bill establishing EC Section 32286.1, which requires the  
          superintendent of a school district or COE to provide written  
          notification to the SPI of schools that have not complied with  
          the requirement to develop a school safety plan is duplicative  
          of existing EC Section 32288(c).  Staff recommends striking  
          Section 32288(c).  
           Arguments in support  .  The Torrance Unified School District  
          states, "The District believes that SB 49 makes changes to  








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          procedures governing the comprehensive school safety plan that  
          are in alignment with the realities that all communities face  
          today.  It recasts and updates provisions of existing law to  
          better reflect the conditions needed to continue assuring the  
          safety of our school children and staff."    

          The Association of California School Administrators has a  
          support if amended position.  The requested amendment changes  
          the requirement to have materials available for inspection and  
          photocopying during school hours rather than between the hours  
          of 9 a.m. to 5 p.m.  
           
          Related legislation  .  AB 549 (Jones-Sawyer), pending in the  
          Senate, specifies that as the comprehensive school safety plans  
          are reviewed and updated, the Legislature encourages all plans,  
          to the extent that resources are available, to include clear  
          guidelines for the roles and responsibilities of mental health  
          and intervention professionals, if the school district uses  
          intervention professionals, school resource officers, and police  
          officers on the school campus.  Specifies that the guidelines  
          may include primary strategies to create and maintain a positive  
          school climate, promote school safety, and increase pupil  
          achievement, and prioritize mental health and intervention  
          services, restorative and transformative justice programs, and  
          positive behavior interventions and support.  

          AB 1264 (Conway) expands the definition of "tactical response to  
          criminal incidents" to include a plan to safeguard against  
          incidents that include a firearm, explosive, or other deadly  
          weapon; requires the comprehensive school safety plan to include  
          a protocol for teachers to provide notification of pupils  
          identified as having a potential mental health issue that is  
          likely to result in violence or harm to the pupil or others; and  
          requires the auditor's report of a local educational agency's  
          (LEA) annual financial audit to include, commencing in the  
          2014-15 fiscal year, a summary of the extent to which the LEA  
          has complied with the requirement that each of its schools  
          develop a comprehensive school safety plan.  The bill failed  
          passage in the Assembly Education Committee this year. 

          SB 634 (Price) requires a comprehensive school safety plan to  
          establish minimum requirements and standards for schools to  
          follow when conducting school safety drills and reviewing school  
          emergency and crisis response plans, requires all school  
          districts and COEs to incorporate specified safety drills into  








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          their school safety plan, and requires each school to conduct  
          two school evacuation drills and one law enforcement school  
          lockdown drill during each school year.  The bill was held in  
          the Senate Appropriations Committee suspense file this year.

           Prior related legislation  .  AB 680 (Block), Chapter 438,  
          Statutes of 2011, authorizes a school district or COE, in  
          consultation with law enforcement officials, to choose not to  
          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 and authorizes, instead,  
          school district and COE administrators to write those portions  
          of the school safety plan.  

          AB 519 (HernŠndez) authorizes the comprehensive school safety  
          plan to include rules and procedures regarding the use of  
          restraint and seclusion, prohibits an educational provider from  
          using chemical and mechanical restraint, and limits the use of  
          physical restraint and seclusion.  The bill was held in this  
          Committee by the author in 2011.

          SB 755 (Lieu) makes a number of changes to the comprehensive  
          school safety plan, including extending the requirement to  
          develop a school safety plan to charter schools and imposing a  
          fine of between $250 and $1,000 on any principal, administrator  
          at a school without a principal, and any superintendent of a  
          school district or COE for failing to develop a school safety  
          plan or failing to make specified reporting requirements.  The  
          bill was held in the Senate Appropriations Committee suspense  
          file in 2011.

          AB 2501 (Lieu) makes a number of changes to comprehensive school  
          safety plan, including extending the requirement to develop a  
          school safety plan to charter schools and imposing a fine of  
          between $250 and $1,000 on any principal, administrator at a  
          school without a principal, and any superintendent of a school  
          district or county office of education for failing to develop a  
          school safety plan or failing to make specified reporting  
          requirements.  The bill was held in this Committee by the author  
          in 2010.  

          AB 2639 (Lieu), held in the Senate Appropriations Committee  
          suspense file in 2008, requires each school district or COE to  
          annually submit to the CDE by October 15 a report that includes  








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          a list of schools within its jurisdiction that have and have not  
          developed a school safety plan.

          AB 810 (Lieu), held in the Assembly Appropriations Committee's  
          suspense file in 2007, requires the SPI to notify the Commission  
          on Teacher Credentialing (CTC) of a principal or schoolsite  
          administrator's failure to comply with requirements related to  
          the development and adoption of the school safety plan by  
          October 15 of each year and requires the CTC to suspend the  
          principal or administrator's credential for one year if he or  
          she does not correct the noncompliance within 30 days of  
          receiving the notice from the SPI.  

          AB 115 (J. Horton), Chapter 423, Statutes of 2003, increased the  
          fine to school districts for a willful failure to report a  
          noncompliant school to the SPI from $500 to $2000.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          American Red Cross, California Chapters
          Association of California School Administrators (if amended)
          California Charter Schools Association Advocates (prior version)
          California School Employees Association (prior version)
          California State PTA
          Los Angeles County Democratic Party (prior version)
          Los Angeles County Office of Education 
          PeaceBuilders (prior version)
          Torrance Unified School District
           
            Opposition 
           
          None on file

           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087