BILL ANALYSIS Ó SB 49 Page 1 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. SB 49 Page 2 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 SB 49 Page 3 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 SB 49 Page 4 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