BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 49
                                                                  Page  1

          Date of Hearing:   August 14, 2013

                                  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


          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).    

          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.  


            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)