BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 634
AUTHOR: Price
AMENDED: April 17, 2013
FISCAL COMM: Yes HEARING DATE: April 24, 2013
URGENCY: No CONSULTANT:Lynn Lorber
SUBJECT : School safety plans and drills, and drug and gang
violence.
education.
SUMMARY
This bill requires schools to conduct specific safety
drills, and adds standards for safety drills to the
required elements of school safety plans. This bill also
requires the California Department of Education to provide
information on model comprehensive school safety plans and
training programs for school personnel.
BACKGROUND
School safety plans
Current law:
1) Requires each school district and county office of
education to be responsible for the overall
development of all comprehensive school safety plans
for its schools. The schoolsite council is required
to write and develop a comprehensive school safety
plan relevant to the needs and resources of that
particular school. (Education Code § 32281)
2) Authorizes the schoolsite council to delegate
responsibility for the development of the school
safety plan to a school safety planning committee,
composed of the principal, one teacher who is a
representative of the recognized certificated employee
organization, one parent whose child attends the
school, one classified employee who is a
representative of the recognized classified employee
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organization, and other members if desired. (EC §
32281)
3) Requires the comprehensive school safety plan to
include (1) an assessment of the current status of
school crime committed on school campuses and at
school-related functions and (2) identification of
appropriate strategies and programs that will provide
or maintain a high level of school safety and detail
procedures for complying with existing
laws; disaster procedures; policies regarding
suspension or expulsion; a discrimination and
harassment policy; and, a safe and orderly environment
conducive to learning. (EC § 32282)
4) Requires the comprehensive school safety plan to be
evaluated at least once a year. (EC § 32282)
5) Requires the schoolsite council or school safety
planning committee to hold a public meeting to allow
public comment, and requires the notification of
specified people and entities prior to this meeting.
Current law requires each school to submit its school
safety plan to the school district or county office of
education for approval and requires a school district
or County Office Education to notify the California
Department of Education by October 15 of every year of
any school that is not in compliance. (EC § 32288)
6) Requires each school to include a description of key
elements of the school safety plan in the annual
school accountability report card.
(EC § 32286)
7) Current law requires, if the Superintendent of Public
Instruction determines that there has been a willful
failure to make any report required in school safety
plan statutes to do both of the following:
a) Notify the school district or county office
of education in which the willful failure has
occurred.
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b) Make an assessment of up to $2,000 against
that school or county office, which may be done
by deducting funding from the district's or
county office's future apportionment. (EC §
32287).
School safety funding
Current law provides for a variety of grants and funding to
support school districts in selecting from a variety of
options to promote school safety, all of which are
currently included in categorical flexibility. These
options can include the addition of personnel, school
safety infrastructure projects, training for school staff,
instruction and curriculum for students, and cooperative
agreements with local law enforcement and community groups.
These include:
a) The Carl Washington School Safety and
Violence Prevention Act, which creates a grant
program to fund, among other things, effective
and accessible on-campus communication devices
and other school safety infrastructure needs.
(EC § 32228)
b) The School Safety Violence Prevention Act
which provides for competitive grants for school
districts that demonstrate a
collaborative and coordinated approach for
implementing a comprehensive school safety and
violence prevention strategy.
(EC § 35294.11)
c) The School Safety Consolidated Grant
Program. (EC § 41510)
Training
Current law requires standards for teacher credentialing
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developed by the Commission on Teacher Credentialing (CTC)
to include the effective preparation of prospective
teachers, administrators, counselors and other pupil
personnel service providers in principles of school safety.
The CTC is required to consider principles of developing
school safety plans, among other things. Current law
requires instruction in principles of school safety to be
required of all candidates for a teaching credential. (EC
§ 44276.1)
Partnerships
Current law:
1) Establishes the School/Law Enforcement Partnership,
comprised of the Superintendent of Public Instruction
and the Attorney General. The duties of the
partnership consist of:
a) The development of programs and policies
necessary to implement existing law regarding
school safety plans.
b) The administration of safe school programs
and all training, procedures, and activities.
c) Cooperation with other states and state and
federal agencies on matters relating to school
safety. (EC § 32262)
2) Requires the School/Law Enforcement Partnership to
sponsor at least two regional conferences for school
districts, county offices of education, agencies
serving youth, allied agencies, community-based
organization, and law enforcement agencies to identify
exemplary programs and techniques that have been
effectively used to reduce school crime, including
hate crimes, vandalism, drug and alcohol abuse, gang
membership and gang violence, truancy, and excessive
absenteeism. (EC § 32265)
3) Requires the Department of Justice and the California
Department of Education to contract with one or more
professional trainers to coordinate statewide
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workshops for school districts, county offices of
education, and
schoolsite personnel, and in particular school
principals, to assist them in the development of their
respective school safety and crisis response plans,
and provide training in the prevention of bullying.
(EC § 32283)
Drills
Current law requires:
1) Every public, private or parochial school building
having an occupant capacity of 50 or more, or with
more than one classroom, to have a dependable and
operative fire alarm system. Current law requires the
fire alarm to be tested at least once a month, and
requires a fire drill to be conducted at least once
every month at elementary schools and at least four
times a year at the intermediate levels. (EC § 32001)
2) The governing board of each private school to
establish an earthquake emergency procedure system,
and requires the system to include a drop procedure,
as defined. Current law requires private schools to
hold a drop procedure practice at least once each
school quarter in elementary schools and at least once
a semester in secondary schools.
(EC § 35296 and EC § 35297)
Disaster procedures
Current law requires:
1) School safety plans to include the development of
disaster procedures, routine and emergency, and
requires the disaster procedures to include
establishing an earthquake emergency procedure system
which is to include a drop procedure and measures to
be taken in case of an earthquake. (EC § 32282)
2) The California Department of Education (CDE) to
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electronically distribute disaster preparedness
educational materials and lesson plans to school
districts and county offices of education, and to
ensure the materials are available in at least the
three most dominant primary languages spoken by
English learners. (EC § 32282.5)
Drug and gang violence education
Current law requires:
1) Instruction to be given in elementary and secondary
schools on drug education, requires the CDE to make
available information on model drug and alcohol abuse
prevention education programs. (EC § 51260)
2) The CDE to 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 school personnel
into staff development plans. (EC § 51264)
3) The California Emergency Management Agency, in
collaboration with the CDE, to develop a model gang
violence suppression and substance abuse prevention
curriculum for grades 2, 4, and 6. (EC § 51266)
ANALYSIS
This bill requires schools to conduct safety drills, as
specified, and adds standards for safety drills to the
required elements of school safety plans. This bill also
requires the California Department of Education to provide
information on model comprehensive school safety plans and
training programs for school personnel. Specifically, this
bill:
School safety
1) Requires schools to include in school safety plans the
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establishment of the procedures for conducting school
safety drills.
2) Requires the incorporation of evacuation drills and
lockdown drills into school safety plans.
3) Requires each school to annually conduct at least the
minimum number of school evacuation drills to prepare
pupils and school personnel for fire incidents as
required by current law (at least once per month at
elementary schools and at least four times per year at
junior and senior high schools).
4) Authorizes a school to conduct additional evacuation
drills for other incidents that may require
evacuation, including suspicious items, bomb threats,
hazardous materials incidents, on-campus shooting
incidents, and other situations under which conditions
outside of school buildings are safer than conditions
inside school building.
5) Requires each school to annually conduct a minimum of
one law enforcement school lockdown drill to prepare
pupils, school personnel and law enforcement personnel
to respond to situations in which conditions inside
school buildings are safer than conditions outside
school buildings. This bill authorizes lockdown
drills to include responses to suspicious items or
persons, hazardous materials incidents, bomb threats
and shooting incidents on or near school grounds.
6) Authorizes schools, school districts or county offices
of education, in the preparation for and execution of
the drills, to work with local first responders and
law enforcement agencies to formulate safety plans and
to prepare and execute safety drills.
7) Adds to the definition of "safety plan" that plans are
coordinated with first responders and law enforcement
agencies, plans are also to educate about responses to
events, events include natural disasters, and crime or
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violence near (not just on) the school campus.
8) Provides that first responders include local fire
departments, emergency medical responders, and
emergency management officials.
School safety plan education
1) Requires the California Department of Education (CDE)
to make available information on model comprehensive
school safety plans and training programs that
instruct reaches and school staff on how to implement
the comprehensive school safety plan.
2) Requires the CDE to prepare and distribute to school
districts and county offices of education guidelines
for incorporating into the staff development plans
training about safety plan implementation for
teachers, counselors, athletic directors, school board
members and other educational personnel.
3) Requires the CDE, upon request, to assist districts
and county offices of education in developing school
safety plan training programs. This bill requires
CDE's information and guidelines, to the maximum
extent possible, to encourage districts and county
offices of education to avoid duplication of effort by
sharing resources, adapting or adopting model 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, and other related services at the local
level.
4) Requires the CDE to assist district and county offices
of education in qualifying for the receipt of federal
and state funds to support their development of school
safety plan training programs. This bill states that
federal funding includes any funds from the
President's "Now is the Time" plan, relating to
reducing gun violence, to help the development and
implementation of emergency management plans.
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5) Requires the CDE to consult with the United States
Department of Education and the Office of Emergency
Services regarding school safety preparedness.
6) Requires the CDE to 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 districts
and county offices of education apply for state and
federal school safety education funds.
7) Requires the CDE, in consultation with the Department
of Justice and the Office of Emergency Services, to
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 is to
facilitate improved planning and program delivery
among state and local agencies, including law
enforcement, juvenile justice, county health, and
communities.
8) Encourages schools that choose to use the information
about safety plan training provided by the CDE to
incorporate training programs into the school safety
plan.
9) Defines "comprehensive school safety plan in-service
training" and "in-service training" as 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.
10) States legislative intent that schools are encouraged
to include instruction on implementing comprehensive
school safety plans for teachers and staff, and that
districts and county offices of education give high
priority to comprehensive school safety in-service
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training.
Drug and gang violence education
Recasts existing drug and gang violence education
provisions to another area of the Education Code and
updates terminology (from California Emergency Management
Agency to Office of Emergency Services, and from Rural Gang
Task Force Subcommittee and Gang Violence Suppression
Advisory Committee to Office of Emergency Services).
STAFF COMMENTS
1) Need for the bill . According to the author, "Under
existing law, each school must have a written school
safety plan in place. However, schools are only
required to conduct earthquake and fire drills,
despite the fact that schools face other significant
threats to student and teacher safety, including
violence on campus. In light of the risks today's
schools must prepare for, it is important that each
school not only have a safety plan, but regularly test
the efficacy of the plan through drills."
2) Safety drills . Current law requires elementary
schools to conduct fire and drills at least once a
month, and junior and senior high schools to conduct
fire drills at least four times a year. Earthquake
drills are required for private schools. This bill
requires each school to also conduct a minimum number
of law enforcement school lockdown drills to respond
to situations in which conditions inside school
buildings are safer than conditions outside school
buildings.
3) Information currently available . This bill requires
the CDE to make available information relative to the
development of school safety plans and training. It
is unclear why it is necessary to require the CDE to
undertake several activities regarding information
that is currently available on CDE's website,
including:
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a) A letter to all county and district
superintendents and charter school
administrators, dated January 25, 2013, with
information about safe school planning,
implementing school safety plans (including best
practices), developing partnerships and training
for school staff.
http://www.cde.ca.gov/nr/el/le/yr13ltr0125.asp
b) Training, resources, technical assistance
and funding. http://www.cde.ca.gov/ls/ss/
c) The School Community Violence Prevention
training schedule.
http://www.cde.ca.gov/ls/ss/vp/scvptraining.asp
4) Training on school safety . This bill requires the CDE
to make available information on model comprehensive
school safety plans and training programs, requires
CDE to prepare and distribute to school districts and
county offices of education guidelines for
incorporating into the staff development plans
training about safety plan implementation, and
requires the CDE, upon request, to assist districts
and county offices of education in developing school
safety plan training programs.
The CDE currently conducts numerous trainings annually
across the state. Information relative to those
trainings is currently available on CDE's website,
including a schedule of trainings.
http://www.cde.ca.gov/ls/ss/vp/scvptraining.asp
5) Different than current law ? This bill imposes various
requirements that are already contained in current
law. It is unclear why it is necessary to restate
current law. Provisions include:
a) The requirement that each school annually
conduct at least the minimum number of school
evacuation drills to prepare pupils and school
personnel for fire incidents as required by
current law (at least once per month at
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elementary schools and at least four times per
year at junior and senior high schools).
b) The requirement that CDE's information and
guidelines, to the maximum extent possible, to
encourage districts and county offices of
education to avoid duplication of effort by
sharing resources, adapting or adopting model
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, and
other related services at the local level.
6) Related legislation . SB 49 (Lieu) requires school
safety plans to include procedures related to response
to a person with a gun on campus, extends from
annually to every third year the frequency of review
of safety plans, and requires charter school petitions
to include a description of a school safety plan.
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 a school
district or county office of education to publicly
announce its adoption or update of a tactical response
plan, but does not require disclosure of those
portions of the plan that may be kept private,
requires school safety plans to include a tactical
response plan, and requires the 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. AB 1264
is pending in the Assembly Education Committee.
SB 316 (Block) requires modernization projects submitted to
the Division of the State Architect under the State
School Facility Program to include locks that allow
classrooms and rooms with an occupancy of five persons
or more to be locked from the inside as a condition
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for receipt of state bond funds beginning January 1,
2016, and requires that all districts and county
offices equip every classroom and rooms with an
occupancy of five persons or more with locks that meet
this same requirement by January 1, 2017. SB 316 is
pending in this Committee.
AB 202 (Donnelly) establishes the School Marshal Plan and
authorizes school districts, county offices of
education, and charter schools to use general purpose
funds to provide training for school marshals. AB 202
defines "school marshal" as a school employee who is
authorized to possess a firearm at a schoolsite or
designated school activities. AB 202 exempts from
disclosure the personally identifiable information of
a school marshal in an application for a license to
carry a firearm, or in a license to carry a firearm,
issued by the sheriff of a county or the chief of
other head of a municipal police department. AB 202
failed passage in the Assembly Education Committee on
April 17, 2013, on a 1-5 vote.
AB 470 (Mullin) apportions $321,000 for certain
activities of the Interagency School Safety
Demonstration Act of 1985, which includes training to
reduce school crime and violence. AB 470 is pending
in the Assembly Education Committee.
AB 549 (Jones-Sawyer) requires school safety plans to
include clear guidelines for the roles and
responsibilities of police officers on the school
campus. AB 549 is scheduled to be heard by the
Assembly Education Committee on May 1, 2013.
AB 699 (Donnelly) authorizes a parent or guardian of a
public elementary or secondary school pupil to remove
his or her child from an unsafe school and enroll his
or her child in another school or school district. AB
699 is scheduled to be heard by the Assembly Education
Committee on May 1, 2013.
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AB 1076 (Olsen) requires, if federal funding becomes
available, the governing board of each school district
and each county superintendent of schools to equip the
interior of each classroom, cafeteria, theater, gym,
and any other regularly used space, except a parking
lot, in a public school with a panic button to be used
to alert local law enforcement in the event of a
violent incident. AB 1076 is pending in the Assembly
Appropriations Committee.
SUPPORT
None on current version.
OPPOSITION
None on file.