Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 58

Introduced by Assembly Member Rodriguez

December 2, 2014

An act to amend Sections begin delete 32280, end delete 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 amended, 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. begin delete 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. end delete begin insert The bill would require the comprehensive school safety plan to include procedures related to individuals with guns on school campuses and at school-related functions, as provided. The bill would remove the duties of school districts described above. end insert The bill would require, no later than October 15, 2016, and every begin delete 3rd end delete year thereafter, each begin delete superintendent of a school district or end delete county office of education to provide written notification to the Superintendent of Public Instruction identifying each school within the begin delete school district or end delete 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:

begin delete

SECTION 1.  

Section 32280 of the Education Code is amended
to read:

32280.  

(a)  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.

(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.

(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.

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

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 32281 of the Education Code is amended
to read:

32281.  

(a) Each begin delete school district and end delete 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 principal begin insert or the principal’s designee 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)  begin delete Nothing in this article shall end delete begin insert This article does not end insert 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) If a principal begin insert or the principal’s designee end insert 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 insert or the principal’s designee end insert 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 insert or
designee end insert chooses to send the written notice, the Legislature
encourages the notice be sent no later than the end of business on
the second regular workday 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 insert an act considered end insert a “violent crime” begin delete means
a Part 1 violent crime as defined in paragraph (2) of subdivision
(i) end delete begin insert shall meet the definition end insert of Section 67381 and is an act for
which a pupil could or would be expelled pursuant to Section
48915.

(2)  begin delete Nothing in this end delete begin insert This end insert subdivision begin delete shall end delete begin insert does not end insert create any
liability in a school district or its employees for complying with
paragraph (1).

(f) (1) Notwithstanding subdivision (b), a begin delete school district or end delete
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 begin delete the
school district or county end delete begin insert the county end insert office of education in
consultation with law enforcement officials and with a
representative of an exclusive bargaining unit of employees of that
begin delete school district or end delete county office of education, if he or she chooses
to participate. The begin delete school district or end delete 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)  begin delete Nothing in this end delete begin insert Thi end insert begin insert s end insert subdivision begin delete precludes end delete begin insert does not preclude end insert
the begin delete governing board of a school district or end delete 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. begin delete Any end delete begin insert A end insert vote to approve
the tactical response plan shall be announced in open session
following the closed session.

(4)  begin delete Nothing in this end delete begin insert Th end insert begin insert is end insert subdivision begin delete shall be construed to end delete begin insert does
not end insert reduce or eliminate the requirements of Section 32282.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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 begin delete school district or end delete
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 agency or
nongovernmental organization, 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 delete school district or end delete county office
of education shall cooperate with the public agency or
nongovernmental organization in furnishing and maintaining the
services as the begin delete school district or end delete 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 that 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 insert or the person designated by the principal end insert . 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)  begin insert (i) end insert begin insert   end insert 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 begin delete active terrorists,
based on drill and exercise guidelines developed by the National
Association of School Psychologists end delete begin insert other armed assailants.
Training programs and drills to prepare for active shooters or
other armed assailants shall be based on the specific needs and
context of each school and community. Schools shall consider the
most cost-effective method of preparing students and staff for an
active shooter situation while balancing the physical and
psychological risks associated with these drills. Regardless of the
nature of the drills a school chooses, the school resource officer
and school-employed mental health professionals shall be
integrally involved in the planning and evaluation process to
ensure appropriate implementation end insert .

begin insert

(ii) As used in this subparagraph, “active shooter” means an
individual who is actively engaged in killing or attempting to kill
people in a confined and populated area.

end insert

(J) 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” begin insert and the end insert begin insert report by the National
Association of School Psychologists and the National Association
of School Resource Officers on “Best Practice Considerations for
Schools in Active Shooter and Other Armed Assailant Drills” end insert 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 by March 1, 2016, and every third year
thereafter, end delete begin insert at least once a year 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 insert the public, end insert law enforcement begin insert , end insert and school employees.

(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 insert

(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 insert

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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 2016 end delete begin insert 2000 end insert , and shall review and update
its plan by March 1 begin delete of end delete every begin delete third end delete 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
1 begin delete of end delete every begin delete third end delete year thereafter. begin delete This subdivision does not limit a
school from updating its comprehensive school safety plan prior
to every third year. end delete

(b)  begin delete No later than end delete begin insert Commencing end insert July begin delete 31, 2016, and end delete begin insert 2000 and end insert
every year thereafter, the principal begin insert of each school end insert shall accurately
report on the status of the begin insert principal’s end insert school’s safety plan for the
upcoming school year, including a description of its key elements
in the annual school accountability report card prepared pursuant
to Sections 33126 and 35256. 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.

(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.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

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

32286.1.  

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

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

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
begin delete school district or end delete county office of education for approval.

(b) (1)  (A)  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.

(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.

(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 SEC. 7. end delete
begin insert SEC. 6. end insert   

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 begin delete superintendent of a school district or end delete 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).

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

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

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

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.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

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.