California Legislature—2015–16 Regular Session

Assembly Bill No. 58

Introduced by Assembly Member Rodriguez

December 2, 2014

An act to amend Sections 32280, 32281, 32282, 32286, and 32288 of, to add Sections 32286.1, 32288.1, and 32289.5 to, and to repeal Section 32289 of, the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 58, as introduced, Rodriguez. School safety plans.

(1) Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of their constituent schools. Existing law requires the schoolsite council of a school to write and develop the school safety plan relevant to the needs and resources of the particular school. Existing law requires a schoolsite council or school safety planning committee, before adopting a school safety plan, to hold a public meeting at the schoolsite, as specified. Existing law requires schools to forward copies of their school safety plans to the school district or county office of education for approval. Existing law requires school districts and county offices of education annually to notify the State Department of Education regarding schools that fail to adopt a school safety plan.

This bill would revise and recast those procedures. The bill would require each school to adopt its comprehensive school safety plan by March 1, 2016, and to review and update its plan by March 1 of every 3rd year thereafter. The bill would require, no later than October 15, 2016, and every 3rd year thereafter, each superintendent of a school district or county office of education to provide written notification to the Superintendent of Public Instruction identifying each school within the school district or county that has not complied with the requirement to adopt a comprehensive school safety plan. The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided. The bill would require the department to monitor compliance with these provisions using an existing monitoring framework. By requiring school and local educational agency officers to perform additional duties, the bill would impose a state-mandated local program.

(2)  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 the purposes of this
section, law enforcement agencies include local police departments,
county sheriffs’ offices, school district police or security
departments, probation departments, and district attorneys’ offices.
For purposes of this section, a “safety plan” means a plan to
develop strategies aimed at the prevention of, and education about,
potential incidents involving crime and violence on the school
campus. end delete

begin insert

(b) (1) For purposes of this article, law enforcement agencies
include local police departments, county sheriffs’ offices, school
district police or security departments, probation departments,
the Attorney General, any district attorney, or any city attorney.

end insert begin insert

(2) For purposes of this article, “safety plan” means a plan to
develop strategies aimed at the prevention of, and education about,
potential incidents involving crime and violence on the school
campus.

end insert begin insert

(3) For purposes of Sections 32281 and 32282, “principal”
includes the principal’s designee.

end insert

SEC. 2.  

Section 32281 of the Education Code is amended to
read:

32281.  

(a) Each school district and county office of education
is responsible for the overall development of all comprehensive
school safety plans for its schools operating kindergarten or any
of grades 1 to 12, inclusive.

(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant
to former Section 52012, as it existed before July 1, 2005, or
Section 52852 shall write and develop a comprehensive school
safety plan relevant to the needs and resources of that particular
school.

(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following
members:

(A) The begin delete principal or the principal’s designee. end delete begin insert principal. end insert

(B) One teacher who is a representative of the recognized
certificated employee organization.

(C) One parent whose child attends the school.

(D) One classified employee who is a representative of the
recognized classified employee organization.

(E) Other members, if desired.

(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development
of the comprehensive school safety plan.

(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning
committee.

(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.

(d) (1) Subdivision (b) shall not apply to a small school district,
as defined in paragraph (2), if the small school district develops a
districtwide comprehensive school safety plan that is applicable
to each schoolsite.

(2) As used in this article, “small school district” means a school
district that has fewer than 2,501 units of average daily attendance
at the beginning of each fiscal year.

(e) (1)  begin delete When end delete begin insert If end insert a principal begin delete or his or her designee end delete verifies
through local law enforcement officials that a report has been filed
of the occurrence of a violent crime on the schoolsite of an
elementary or secondary school at which he or she is the principal,
the principal begin delete or the principal’s designee end delete may send to each pupil’s
parent or legal guardian and each school employee a written notice
of the occurrence and general nature of the crime. If the principal
begin delete or his or her designee end delete chooses to send the written notice, the
Legislature encourages the notice be sent no later than the end of
business on the second regular begin delete work day end delete begin insert workday end insert after the
verification. If, at the time of verification, local law enforcement
officials determine that notification of the violent crime would
hinder an ongoing investigation, the notification authorized by this
subdivision shall be made within a reasonable period of time, to
be determined by the local law enforcement agency and the school
district. For purposes of this section, begin delete an act that is considered end delete a
“violent crime” begin delete shall meet the definition end delete begin insert means a Part 1 violent
crime as defined in paragraph (2) end insert of begin insert subdivision (i) of end insert Section
67381 and begin delete be end delete begin insert is end insert an act for which a pupil could or would be expelled
pursuant to Section 48915.

(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).

(f) (1) Notwithstanding subdivision (b), a school district or
county office of education may, in consultation with law
enforcement officials, elect to not have its schoolsite council
develop and write those portions of its comprehensive school safety
plan that include tactical responses to criminal incidents that may
result in death or serious bodily injury at the schoolsite. The
portions of a school safety plan that include tactical responses to
criminal incidents may be developed by administrators of the
school district or county office of education in consultation with
law enforcement officials and with a representative of an exclusive
bargaining unit of employees of that school district or county office
of education, if he or she chooses to participate. The school district
or county office of education may elect not to disclose those
portions of the comprehensive school safety plan that include
tactical responses to criminal incidents.

(2) As used in this article, “tactical responses to criminal
incidents” means steps taken to safeguard pupils and staff, to secure
the affected school premises, and to apprehend the criminal
perpetrator or perpetrators.

(3) Nothing in this subdivision precludes the governing board
of a school district or county office of education from conferring
in a closed session with law enforcement officials pursuant to
Section 54957 of the Government Code to approve a tactical
response plan developed in consultation with those officials
pursuant to this subdivision. Any vote to approve the tactical
response plan shall be announced in open session following the
closed session.

(4) Nothing in this subdivision shall be construed to reduce or
eliminate the requirements of Section 32282.

SEC. 3.  

Section 32282 of the Education Code is amended to
read:

32282.  

(a) The comprehensive school safety plan shall include,
but not be limited to, both 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 school district or
county office of education may work with the Office of Emergency
Services 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 begin delete agency, end delete begin insert agency
or nongovernmental organization, end insert 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 school district or
county office of education shall cooperate with the public agency
begin insert or nongovernmental organization end insert in furnishing and maintaining
the services as the school district or county office of education
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 any 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. Any 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 begin delete or the person designated by the principal end delete . 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.

begin insert

(I) 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, based on drill and exercise guidelines developed by the
National Association of School Psychologists.

end insert begin delete

(I)

end delete

begin insert (J) end insert  The rules and procedures on school discipline adopted
pursuant to Sections 35291 and 35291.5.

(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) 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.

(d) The comprehensive school safety plan may be evaluated
and amended, as needed, by the school safety planning committee,
but shall be evaluated begin delete at least once a year, end delete begin insert by March 1, 2016, and
every third year thereafter, end insert 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 begin delete the public end delete begin insert law enforcement and school employees end insert .

(e) 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.

begin delete

(f) 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.

end delete

SEC. 4.  

Section 32286 of the Education Code is amended to
read:

32286.  

(a) Each school shall adopt its comprehensive school
safety plan by March 1, begin delete 2000, end delete begin insert 2016, end insert and shall review and update
its plan by March begin delete 1, end delete begin insert 1 of end insert every begin insert third end insert year thereafter. A new school
campus that begins offering classes to pupils after March 1, 2001,
shall adopt a comprehensive school safety plan within one year of
initiating operation, and shall review and update its plan by March
begin delete 1, end delete begin insert 1 of end insert every begin insert third end insert year thereafter. begin insert This subdivision does not limit
a school from updating its comprehensive school safety plan prior
to every third year. end insert

(b)  begin delete Commencing in end delete begin insert No later than end insert begin insert end insert July begin delete 2000, end delete begin insert 31, 2016, end insert and every
begin delete July end delete begin insert year end insert thereafter, begin delete each school end delete begin insert the principal end insert shall begin insert accurately end insert
report on the status of begin delete its school end delete begin insert the school’s end insert safety begin delete plan, end delete begin insert plan for
the upcoming school year, end insert including a description of its key
elements in the annual school accountability report card prepared
pursuant to Sections 33126 and 35256. begin insert The report shall include,
but is not limited to, the date the school safety plan was adopted
and a description of the safety plan’s elements as set forth in
Section 32282. end insert

begin insert

(c) Each school principal shall provide written or electronic
notice to each teacher and classified employee of that school that
the adopted school safety plan is readily available for inspection.

end insert

SEC. 5.  

Section 32286.1 is added to the Education Code, to
read:

32286.1.  

No later than October 15, 2016, and every third year
thereafter, each superintendent of a school district or county office
of education shall provide written notification to the Superintendent
identifying each school within the school district or county that
has not complied with Section 32281 or subdivision (b) of Section
32286 for that school year.

SEC. 6.  

Section 32288 of the Education Code is amended to
read:

32288.  

(a) In order to ensure compliance with this article, each
school shall forward its comprehensive school safety plan to the
school district or county office of education for approval.

(b) (1)  begin insert (A) end insert begin insert   end insert Before adopting its comprehensive school safety
plan, the schoolsite council or school safety planning committee
shall hold a public meeting at the schoolsite in order to allow
members of the public the opportunity to express an opinion about
the school safety plan.

begin insert

(B) Confidential information relating to tactical responses to
criminal incidents, pursuant to paragraph (1) of subdivision (f) of
Section 32281, shall not be included at the public meeting.

end insert

(2) The schoolsite council or school safety planning committee
shall notify, in writing, the following persons and entities, if
available, of the public meeting:

(A) The local mayor.

(B) A representative of the local school employee organization.

(C) A representative of each parent organization at the
schoolsite, including the parent teacher association and parent
teacher clubs.

(D) A representative of each teacher organization at the
schoolsite.

(E) A representative of the student body government.

(F) All persons who have indicated they want to be notified.

(3) The schoolsite council or school safety planning committee
is encouraged to notify, in writing, the following persons and
entities, if available, of the public meeting:

(A) A representative of the local churches.

(B) Local civic leaders.

(C) Local business organizations.

begin delete end delete begin delete

(c) In order to ensure compliance with this article, each school
district or county office of education shall annually notify the State
Department of Education by October 15 of any schools that have
not complied with Section 32281.

end delete begin delete end delete

SEC. 7.  

Section 32288.1 is added to the Education Code, to
read:

32288.1.  

(a) Each principal shall keep and maintain a copy of
the most recent comprehensive school safety plan for that school.

(b) Each superintendent of a school district or county office of
education shall keep and maintain a copy of the most recent
comprehensive school safety plan filed pursuant to Section 32288
and a copy of every notification made pursuant to Section 32286.1.

(c) (1) All books, documents, records, and other papers kept
and maintained pursuant to subdivisions (a) and (b) shall be open
for inspection and copying, during business hours at a district
office or during school hours at a school, on business days,
excluding legal holidays, within 48 hours of a written, verbal, or
electronic request by a law enforcement agency described in
Section 32280.

(2) An electronic version of a book, document, record, or other
paper shall be sufficient to satisfy the requirements of paragraph
(1).

SEC. 8.  

Section 32289 of the Education Code, as added by
Section 1 of Chapter 272 of the Statutes of 2004, is repealed.

begin delete

32289.  

A complaint of noncompliance with the school safety
planning requirements of Title IV of the federal No Child Left
Behind Act of 2001, 20 U.S.C. Sec. 7114(d)(7), may be filed with
the department under the Uniform Complaint Procedures as set
forth in Chapter 5.1 (commencing with Section 4600) of Title 5
of the California Code of Regulations.

end delete

SEC. 9.  

Section 32289.5 is added to the Education Code, to
read:

32289.5.  

The department shall monitor compliance with this
article using an existing monitoring framework.

SEC. 10.  

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.