BILL ANALYSIS Ó
SB 49
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Date of Hearing: August 14, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 49 (Lieu) - As Amended: August 5, 2013
Policy Committee: Education Vote:7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill makes the following changes to the development of
school safety plans:
1)Requires a school safety plan to include 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.
2)Requires a school safety plan to be updated by March 1, 2014
and every three years rather than every year. Further
requires the plan to be readily available for inspection by
law enforcement and school employees.
3)Requires the principal, no later than July 31, 2014 and every
year thereafter, to accurately report on the status of the
school safety plan, including the date the plan was adopted
and a description of the plan's elements, as specified.
4)Requires each school principal to provide written or
electronic notice to each teacher and classified employee of
the school that the plan is readily available for inspection.
5)Requires each principal to keep and maintain a copy of the
most recent school safety plan. Further requires each
superintendent of a school district and county office of
education (COE) to keep a copy of the plan submitted and a
copy of all notifications made to the Superintendent of Public
Instruction (SPI) of those schoolsites that have not completed
a school safety plan.
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6)Requires all books, documents, records, and other papers kept
and maintained by principals related to school safety plans to
be open for inspection and copying during business hours at a
district or school office, on business days and during school
hours, within 48 hours of a written, verbal, or electronic
request by a law enforcement agency, as specified.
FISCAL EFFECT
1)Potential annual GF/98 state reimbursable mandated costs of at
least $165,000 to school districts and COEs to include
additional information in the school safety plans, notify
school employees of the completion of the plan, and copy/make
available plans for inspection by law enforcement. There are
over 500,000 teachers and classified employees employed in the
9,000 public schools in the state.
Interaction with K-12 Education Mandate Block Grant.
Depending on how a school district or COE chooses to be
reimbursed for school safety mandated requirements, these
costs may not be incurred by the state. For example, in the
2012-13 fiscal year (FY), the K-12 Education Mandate Block
Grant (K-12 MBG) was established, which allows school
districts and COEs to receive a per pupil amount in exchange
for meeting a number of state mandated requirements, including
developing and updating school safety plans. If a district or
COE chooses not to participate in the block grant, they may
continue to file a claim for reimbursement for all K-12
education mandates, including school safety plans. As such,
if district or COE participates in the block grant, the state
will not incur additional costs for the requirements of this
bill. School districts and COEs make an annual determination
on whether to participate in the block grant.
2)GF administrative costs, likely $240,000 to $500,000, to add
school safety planning requirements to SDE's current
monitoring practices. Currently, SDE only monitors a handful
of categorical programs and in the last three monitoring
cycles, school safety was not included. There are 9,000
public schools in the state and they are all required to have
safety plans.
3)Potential annual GF/98 state reimbursable mandated costs
savings, likely in the hundreds of thousands, to school
districts and COEs by eliminating the requirement to update
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school safety plans annually. Depending on how a school
district or COE chooses to be reimbursed for school safety
mandated requirements - whether filing a claim or
participating in the K-12 MBG, these costs may not be incurred
by the state (see #1 above).
SUMMARY CONTINUED
1)Requires the State Department of Education (SDE) to monitor
compliance with school safety plan requirements using an
existing monitoring framework.
2)Repeals the authorization for a complaint to be filed with SDE
regarding compliance of school safety planning requirements
under federal law.
3)Adds the Attorney General and city attorneys to the definition
of law enforcement.
COMMENTS
1)Background . Existing law specifies that each school district
and COE is responsible for the overall development of all K-12
school's comprehensive school safety plans. It also delineates
the contents of these plans, including procedures for dealing
with safety-related issues and emergency procedures. The
school safety plan is required to be updated annually.
Statute requires each schoolsite council to be responsible for
the development of the plan. The council is required to
consult with a representative from law enforcement in writing
and developing the plan. In particular, current law discusses
plans for "tactical responses to criminal incidents" and law
enforcement's role in developing these responses. Tactical
responses to criminate incidents are defined as steps taken to
safeguard pupils and staff, to secure school premises, and to
apprehend the criminal perpetrator(s).
2)Purpose . According to the author, "There is no doubt that the
safety of our children, teachers, and staff at our K-12 public
schools is a high priority. That is why all California public
schools are required by law to have an updated school safety
plan to address emergencies that could occur on or near school
grounds. These school safety plans, however, do not serve
their purpose if there is no compliance. With the recent
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events in Connecticut, it is imperative for all schools to
have up-to-date, comprehensive school safety plans."
This bill makes specified changes to development and
availability of school safety plans.
3)Current law related to the notification and availability of
school safety plans . Statute requires a description of the
key elements of a school safety plan to be included in the
school's annual Accountability Report Card (SARC), which is
required to be available upon request to parents and
schoolsite staff. In addition, the SARC is required to be
posted on the school's Internet website.
Existing law also requires an updated file of safety plans and
materials to be readily available for inspection by the
public. This bill deletes the reference of the public and
instead, requires the information to be made available for
inspection by law enforcement and school employees.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081