Senate Bill No. 634

Introduced by Senator Price

February 22, 2013

An act to amend Sections 32280 and 32282 of, and to add Chapter 5.8 (commencing with Section 51950) to, to add Chapter 5.9 (commencing with Section 51970) to, and to repeal Article 5 (commencing with Section 51260) of Chapter 2 of, Part 28 of Division 4 of Title 2 of, the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

SB 634, as introduced, Price. School safety plans: safety drills and instruction.

Existing law requires each school district and county office of education to be responsible for the overall development of a comprehensive school safety plan for each of their constituent schools. Existing law requires the comprehensive school safety plan to both assess the current status of school crime committed on school campuses and at school-related functions, and identify appropriate strategies and programs that will provide or maintain a high level of school safety, as specified.

This bill would, in addition, require 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, and encourage schools and first responders to work together for the safety of pupils by requiring school evacuation drills and law enforcement lockdown drills, as specified. The bill would also require schools, during each school year, to conduct a minimum of 2 school evacuation drills to prepare pupils and school personnel for fire incidents, and authorize schools to conduct other school evacuations, as specified. The bill would also require schools to conduct at least one law enforcement school lockdown drill. The bill would authorize schools, school districts, and county offices of education preparing for and executing these drills to work with local first responders and law enforcement agencies, as specified. By imposing additional duties on school districts, county offices of education, and schools, the bill would impose a state-mandated local program.

This bill would require the State Department of Education to make available information on model comprehensive school safety plans and training programs. The bill would require the department to prepare and distribute to school districts and county offices of education guidelines for incorporating in-service training in comprehensive school safety plan implementation, as provided. The bill would require the department, upon request, to assist school districts and county offices of education in developing comprehensive school safety plan in-service training programs, as defined, and assist the school districts and county offices of education to qualify for federal and state funds for these purposes. The bill would require the department to collaborate with other state agencies that administer emergency and crisis preparedness, safety planning, and violence prevention education programs to streamline the process whereby local education agencies apply for state and federal school safety funds. The bill would require the department to develop an ongoing statewide monitoring and assessment system to provide current and reliable data on the use of resources for programs for school safety.

The bill would move existing law relating to drug and gang violence to a new chapter of the Education Code and make conforming changes to that law.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 32280 of the Education Code is amended
to read:

32280.  

begin insert (a) end insert begin insert   end insert It is the intent of the Legislature that all California
public schools, in kindergarten, and grades 1 to 12, inclusive,
operated by school districts, in cooperation with local law
enforcement agencies, community leaders, parents, pupils, teachers,
administrators, and other persons who may be interested in the
prevention of campus crime and violence, develop a comprehensive
school safety plan that addresses the safety concerns identified
through a systematic planning process. begin delete For end delete

begin insert (b) end insert begin insert   end insert begin insert For end insert the purposes of this begin delete section, law end delete begin insert section: end insert

begin insert (1) end insert begin insert   end insert begin insert Law end insert enforcement agencies include local police departments,
county sheriffs’ offices, school district police or security
departments, probation departments, and district attorneys’ offices.
begin delete For purposes of this section, a “safety end delete

begin insert

(2) First responders include local fire departments, emergency
medical responders, and emergency management officials.

end insert

begin insert (3) end insert begin insert   end insert begin insert “Safety end insert plan” means a begin insert developed end insert plan begin delete to develop end delete begin insert of end insert
strategies begin insert that are coordinated with first responders and law
enforcement agencies and end insert aimed at the prevention of, begin delete and end delete education
about, begin insert and response to end insert potential incidents involving begin insert natural
disasters, end insert crime begin insert , end insert and violence on begin insert or near end insert the school campus.

SEC. 2.  

Section 32282 of the Education Code is amended to
read:

32282.  

(a) The comprehensive school safety plan shall include,
but not be limited to, begin delete both end delete begin insert all end insert of the following:

(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.

(2) Identifying 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, which shall include the development of all of the
following:

(A) Child abuse reporting procedures consistent with Article
2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
Part 4 of the Penal Code.

(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.). The disaster procedures shall also include, but not
be limited to, both of the following:

(i) Establishing an earthquake emergency procedure system in
every public school building having an occupant capacity of 50
or more pupils or more than one classroom. A begin insert school end insert district or
county office begin insert of education end insert may work with the California
Emergency Management Agency and the Seismic Safety
Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:

(I) A school building disaster plan, ready for implementation
at any time, for maintaining the safety and care of pupils and staff.

(II) A drop procedure whereby each pupil and staff member
takes cover under a table or desk, dropping to his or her knees,
with the head protected by the arms, and the back to the windows.
A drop procedure practice shall be held at least once each school
quarter in elementary schools and at least once a semester in
secondary schools.

(III) Protective measures to be taken before, during, and
following an earthquake.

(IV) A program to ensure that pupils and both the certificated
and classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.

(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
begin insert school end insert district or county office begin insert of education end insert shall cooperate with
the public agency in furnishing and maintaining the services as
the begin insert school end insert district or county office begin insert of education end insert may deem
necessary to meet the needs of the community.

(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts begin delete which end delete begin insert that end insert would
lead to suspension, expulsion, or mandatory expulsion
recommendations pursuant to Article 1 (commencing with Section
48900) of Chapter 6 of Part 27 of Division 4 of Title 2.

(D) Procedures to notify teachers of dangerous pupils pursuant
to Section 49079.

(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2
(commencing with Section 200) of Part 1.

(F) The provisions of begin delete any end delete begin insert a end insert schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing “gang-related
apparel,” if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
“gang-related apparel.” The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could
be determined to threaten the health and safety of the school
environment. begin delete Any end delete begin insert A end insert schoolwide dress code established pursuant
to this section and Section 35183 shall be enforced on the school
campus and at any school-sponsored activity by the principal of
the school or the person designated by the principal. For purposes
of this paragraph, “gang-related apparel” shall not be considered
a protected form of speech pursuant to Section 48950.

(G) Procedures for safe ingress and egress of pupils, parents,
and school employees to and from school.

(H) A safe and orderly environment conducive to learning at
the school.

(I) The rules and procedures on school discipline adopted
pursuant to Sections 35291 and 35291.5.

begin insert

(3) Establishing minimum requirements and standards for
schools to follow when conducting school safety drills and
reviewing school emergency and crisis response plans, and
encouraging schools and first responders to work together for the
safety of pupils. Communities and schools may exceed these
requirements and standards.

end insert begin insert

(A) All school districts and county offices of education shall
incorporate the following safety drills into their safety plans and
all schools shall administer the drills as follows:

end insert begin insert

(i) School evacuation drills that prepare pupils and school
personnel to respond to situations under which conditions outside
of school buildings are safer than conditions inside school
buildings. Incidents that cause the need to evacuate may vary
based on school location and may include, but are not limited to,
the following:

end insert begin insert

(I) Fire.

end insert begin insert

(II) Suspicious items.

end insert begin insert

(III) Hazardous materials incidents.

end insert begin insert

(IV) Bomb threats.

end insert begin insert

(V) Shooting incidents on school grounds.

end insert begin insert

(ii) Law enforcement school lockdown drills that prepare pupils
and school personnel to respond to situations in which conditions
inside school buildings are safer than conditions outside school
buildings. Incidents that cause a school lockdown and law
enforcement intervention may vary based on the school’s location
and may include, but are not limited to, the following:

end insert begin insert

(I) Suspicious items and persons.

end insert begin insert

(II) Hazardous materials incidents.

end insert begin insert

(III) Bomb threats.

end insert begin insert

(IV) Shooting incidents near school grounds.

end insert begin insert

(B) During each school year, each school shall conduct a
minium of two school evacuation drills to prepare pupils and
school personnel for fire incidents. A school may conduct
additional evacuation drills for other evacuation incidents,
including, but not limited to, suspicious items, bomb threats,
hazardous materials incidents, and on-campus shooting incidents.

end insert begin insert

(C) During each school year, each school shall conduct a
minimum of one law enforcement school lockdown drill to prepare
pupils, school personnel, and law enforcement personnel for a law
enforcement lockdown incident. This drill may include, but is not
limited to, responses to suspicious items or persons, hazardous
materials incidents, bomb threats, and shooting incidents near
school grounds.

end insert begin insert

(D) In the preparation for and execution of the drills referred
to in subparagraphs (B) and (C), the school, school district, or
county office of education conducting these drills may work with
local first responders and law enforcement agencies to formulate
safety plans and to prepare and execute safety drills.

end insert

(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources,
including the materials and services of the partnership, pursuant
to this chapter. It is also the intent of the Legislature that schools
use the handbook developed and distributed by the School/Law
Enforcement Partnership Program entitled “Safe Schools: A
Planning Guide for Action” in conjunction with developing their
plan for school safety.

(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership
as authorized by Section 32285.

(d) Each schoolsite council or school safety planning committee
in developing and updating a comprehensive school safety plan
shall, where practical, consult, cooperate, and coordinate with
other schoolsite councils or school safety planning committees.

(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An
updated file of all safety-related plans and materials shall be readily
available for inspection by the public.

(f) As comprehensive school safety plans are reviewed and
updated, the Legislature encourages all plans, to the extent that
resources are available, to include policies and procedures aimed
at the prevention of bullying.

(g) The comprehensive school safety plan, as written and
updated by the schoolsite council or school safety planning
committee, shall be submitted for approval under subdivision (a)
of Section 32288.

SEC. 3.  

Article 5 (commencing with Section 51260) of Chapter
2 of Part 28 of Division 4 of Title 2 of the Education Code is
repealed.

SEC. 4.  

Chapter 5.8 (commencing with Section 51950) is added
to Part 28 of Division 4 of Title 2 of the Education Code, to read:

 

Chapter  5.8. Drug and Gang Violence Education

 

51950.  

(a) Instruction shall be given in the elementary and
secondary schools by appropriately trained instructors on drug
education and the effects of the use of tobacco, alcohol, narcotics,
restricted dangerous drugs, as defined in Section 11032 of the
Health and Safety Code, and other dangerous substances.

(b) For purposes of this chapter, an “appropriately trained
instructor” is one who, based upon the determination of the site
administrator, demonstrates competencies in interacting in a
positive manner with children and youth; demonstrates knowledge
of the properties and effects of tobacco, alcohol, narcotics, and
dangerous drugs; and who demonstrates skills in conducting
affective education that include methods and techniques for helping
children and youth to freely express ideas and opinions in a
responsible manner and to gain an awareness of their values as
they make decisions related to drug use and misuse.

(c) In grades 1 to 6, inclusive, instruction on drug education
should be conducted in conjunction with courses given on health
pursuant to subdivision (f) of Section 51210.

(d) In grades 7 to 12, inclusive, instruction on drug education
shall be conducted in conjunction with courses given on health or
in any appropriate area of study pursuant to Section 51220.

(e) The instruction shall be sequential in nature and designed
to meet the needs of pupils at their grade level.

51951.  

Notwithstanding Sections 44227 and 44228, the state
board shall not accredit a teacher education institution for teacher
certification purposes unless it offers courses for prospective
teachers on drug education and the effects of the use of tobacco,
alcohol, narcotics, restricted dangerous drugs, as defined in Section
11032 of the Health and Safety Code, and other dangerous
substances. The state board shall continually reevaluate approved
teacher training institutions to ensure that programs are in
conformance with the intent of this section.

51952.  

The Legislature hereby finds and declares that the use
of anabolic steroids to expedite the physical development and to
enhance the performance level of secondary school athletes
presents a serious health hazard to these student athletes. It is the
intent of the Legislature in enacting this chapter that schools be
encouraged to include in instruction in grades 7 to 12, inclusive,
in science, health, drug abuse, or physical education programs, a
lesson on the effects of the use of anabolic steroids.

51953.  

The department of shall make available information on
model drug and alcohol abuse prevention education programs
developed and funded pursuant to Chapter 7 (commencing with
Section 13860) of Title 6 of Part 4 of the Penal Code and other
public and private sources.

51954.  

(a) The department shall prepare and distribute to
school districts and county offices of education guidelines for
incorporating in-service training in gang violence and drug and
alcohol abuse prevention for teachers, counselors, athletic directors,
school board members, and other educational personnel into the
staff development plans of all school districts and county offices
of education.

(b) The department shall, upon request, assist school districts
and county offices of education in developing comprehensive gang
violence and drug and alcohol abuse prevention in-service training
programs. The department’s information and guidelines, to the
maximum extent possible, shall encourage school districts and
county offices of education to avoid duplication of effort by sharing
resources, adapting or adopting model in-service training programs,
developing joint and collaborative programs, and coordinating
efforts with existing state staff development programs, county
gang violence and drug and alcohol staff development programs,
county health departments, county and city law enforcement
agencies, and other public and private agencies providing health,
drug, alcohol, gang violence prevention, or other related services
at the local level.

(c) The department shall assist school districts and county offices
of education in qualifying for the receipt of federal and state funds
to support their gang violence and drug and alcohol abuse
prevention in-service training programs.

(d) A school that chooses to use the provisions of this chapter
related to in-service training in gang violence and drug and alcohol
abuse prevention, is encouraged to develop a single plan to
strengthen its gang violence and drug and alcohol abuse prevention
efforts. If a school develops or has developed a school safety plan
pursuant to Article 5 (commencing with Section 32280) of Chapter
2.5 of Part 19, it is encouraged to incorporate into that plan, where
appropriate, the gang violence and drug and alcohol prevention
plan that it has developed.

(e) The department shall consult with the Office of Emergency
Services regarding gang violence.

51955.  

(a) It is the intent of the Legislature that school districts
and county offices of education give high priority to gang violence
and drug and alcohol abuse prevention in-service training programs
that shall be part of the overall strategy for comprehensive gang
violence and drug and alcohol abuse prevention education.

(b) “Gang violence and drug and alcohol abuse prevention
in-service training,” for purposes of this chapter, means the
presentation of programs, instruction, and curricula that will help
educators develop competencies in interacting in a positive manner
with children and youth to assist them in developing the positive
values, self-esteem, knowledge, and skills to lead productive,
gang-free, and drug-free lives; develop knowledge of the causes
of gang violence and substance abuse, and the properties and effects
of tobacco, alcohol, narcotics, and dangerous drugs, including the
risk of contracting acquired immune deficiency syndrome (AIDS)
associated with intravenous drug use; receive training regarding
available information and resources concerning gang violence,
and drug and alcohol abuse prevention, as well as antigang and
antisubstance abuse crime trends; develop familiarity with teaching
social skills and resistance skills to children and youth; and develop
skills in conducting affective education that include methods and
techniques for helping children and youth to freely express ideas
and opinions in a responsible manner and to understand the nature
and consequences of their decisions as they relate to gang
involvement and drug and alcohol abuse.

51956.  

(a) The Office of Emergency Services, in collaboration
with the department, shall develop a model gang violence
suppression and substance abuse prevention curriculum for grades
2, 4, and 6. The curriculum for grades 2, 4, and 6 shall be modeled
after a similar curriculum that has been developed by the Orange
County Office of Education for grades 3, 5, and 7. The Office of
Emergency Services, in collaboration with the department, may
contract with a county office of education for the development of
the model curriculum. The model curriculum shall be made
available to school districts and county offices of education and
shall, at a minimum, provide for each of the following:

(1) Lessons for grades 2, 4, and 6 that are aligned with the state
curriculum frameworks for history, social science, and English
and language arts.

(2) Instructional resources that address issues of ethnic diversity
and at-risk pupils.

(3) The integration of the instructional resources of the Office
of Emergency Services and the School/Law Enforcement
Partnership in order to support the school curriculum and assist in
the alignment of the state curriculum framework.

(b) The Office of Emergency Services shall develop an
independent evaluation of the pupil outcomes of the model gang
violence suppression and substance abuse prevention curriculum
program.

51957.  

The Office of Emergency Services shall review the
model gang violence suppression and substance abuse prevention
curriculum for grades 2, 4, and 6, developed pursuant to Section
51956, and identify methods by which the curriculum can best be
used in rural school settings.

51958.  

The department shall encourage school districts and
county offices of education to avoid duplication of efforts with
regard to education programs for the prevention of drug, alcohol,
and tobacco abuse through the following methods:

(a) The sharing of resources.

(b) The adaptation or adoption of model programs.

(c) The development of joint and collaborative programs.

(d) Coordination of the local planning and implementation of
state programs with local health, social services, criminal justice,
and education agencies and other entities.

(e) The use of a single community advisory committee or task
force for drug, alcohol, and tobacco abuse prevention programs,
as an alternative to the creation of a separate group for that purpose
under each state or federally funded program.

51959.  

(a) The department shall collaborate, to the extent
possible, with other state agencies that administer drug, alcohol,
and tobacco abuse prevention education programs to streamline
and simplify the process whereby local educational agencies apply
for state and federal drug, alcohol, and tobacco education funds.

(b) The department, in consultation with the Department of
Justice, the Office of Emergency Services, and the State
Department of Alcohol and Drug Programs, shall develop, to the
extent possible, an ongoing statewide monitoring and assessment
system to provide current and reliable data on the utilization of
resources for programs for prevention of and early intervention
for drug, alcohol, and tobacco abuse. The purpose of the system
shall be to facilitate improved planning and program delivery
among state and local agencies, including law enforcement,
juvenile justice, county health, and county drug and alcohol
agencies and programs, and communities.

SEC. 5.  

Chapter 5.9 (commencing with Section 51970) is added
to Part 28 of Division 4 of Title 2 of the Education Code, to read:

 

Chapter  5.9. Comprehensive School Safety Plan
Education

 

51970.  

For purposes of this chapter, “comprehensive school
safety plan in-service training” or “in-service training” means the
presentation of programs, instruction, and curricula that will help
educators develop competencies in responding to situations that
require the implementation of the school’s comprehensive school
safety plan developed pursuant to Article 5 (commencing with
Section 32280) of Chapter 2.5 of Part 19 of Division 1 of Title 1.

51971.  

(a) The Legislature hereby finds and declares that
training teachers and staff to follow a comprehensive school safety
plan developed pursuant to Article 5 (commencing with Section
32280) of Chapter 2.5 of Part 19 of Division 1 of Title 1 is essential
to emergency preparedness, crisis management, and school safety.

(b) It is the intent of the Legislature in enacting this chapter that
schools are encouraged to include instruction on implementing
comprehensive school safety plans for teachers and staff.

(c) It is also the intent of the Legislature that school districts
and county offices of education give high priority to comprehensive
school safety in-service training programs that may be part of the
overall strategy for developing and implementing comprehensive
school safety plans.

51972.  

The department shall make available information on
model comprehensive school safety plans and training programs
that instruct teachers and school staff on how to implement the
comprehensive school safety plan.

51973.  

(a) The department shall prepare and distribute to
school districts and county offices of education guidelines for
incorporating in-service training in comprehensive school safety
plan implementation for teachers, counselors, athletic directors,
school board members, and other educational personnel into the
staff development plans of all school districts and county offices
of education.

(b) The department shall, upon request, assist school districts
and county offices of education in developing comprehensive
school safety plan in-service training programs. The department’s
information and guidelines, to the maximum extent possible, shall
encourage school districts and county offices of education to avoid
duplication of effort by sharing resources, adapting or adopting
model in-service training programs, developing joint and
collaborative programs, and coordinating efforts with existing state
staff development programs, state, county, and city law
enforcement agencies, and other public and private agencies
providing emergency response, violence prevention, or other related
services at the local level.

(c) The department shall assist school districts and county offices
of education in qualifying for the receipt of federal and state funds
to support their development of comprehensive school safety plan
in-service training programs. This shall include any moneys made
available pursuant to the President’s “Now is the Time” plan,
relating to reducing gun violence, to help school districts develop
and implement emergency management plans.

(d) A school that chooses to use provisions of this chapter related
to a comprehensive school safety plan is encouraged to incorporate
the in-service training program into the comprehensive school
safety plan developed pursuant to Article 5 (commencing with
Section 32280) of Chapter 2.5 of Part 19 of Division 1 of Title 1.

(e) The department shall consult with the United States
Department of Education and the Office of Emergency Services
regarding school safety preparedness.

51974.  

The department shall encourage school districts and
county offices of education to avoid duplication of efforts with
regard to education programs for comprehensive school safety
plans through the following methods:

(a) The sharing of resources.

(b) The adaptation or adoption of model programs.

(c) The development of joint and collaborative programs.

(d) Coordination of local planning and implementation of state
programs with local law enforcement and education agencies and
other entities.

51975.  

(a) The department shall collaborate, to the extent
possible, with other state agencies that administer emergency and
crisis preparedness, safety planning, and violence prevention
education programs to streamline and simplify the process whereby
local educational agencies apply for state and federal school safety
education funds.

(b) The department, in consultation with the Department of
Justice and the Office of Emergency Services, shall develop, to
the extent possible, an ongoing statewide monitoring and
assessment system to provide current and reliable data on the use
of resources for programs for school safety. The purpose of the
system shall be to facilitate improved planning and program
delivery among state and local agencies, including law
enforcement, juvenile justice, county health, and communities.

SEC. 6.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.