BILL NUMBER: AB 58 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
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 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. 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 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. 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. (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.
SEC. 2. SECTION 1. 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 principal or the principal's designee .
(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 This
article does not 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 or the principal's designee
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 or the principal's designee 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 or designee 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, an act
considered a "violent crime" means a Part 1 violent
crime as defined in paragraph (2) of subdivision (i)
shall meet the definition of Section 67381 and is an act for
which a pupil could or would be expelled pursuant to Section 48915.
(2) Nothing in this This subdivision
shall does not 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 the 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 Thi s
subdivision precludes does not
preclude 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 A vote to approve the tactical
response plan shall be announced in open session following the closed
session.
(4) Nothing in this Th is
subdivision shall be construed to
does not reduce or eliminate the requirements of Section
32282.
SEC. 3. 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, 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 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 school district or
county office of education shall cooperate with the public agency or
nongovernmental organization 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 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
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) (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 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
.
(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.
(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" and the 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" 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 by March 1, 2016, and every third year
thereafter, 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, law
enforcement , 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.
(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.
SEC. 4. SEC. 3. Section 32286 of the
Education Code is amended to read:
32286. (a) Each school shall adopt its comprehensive school
safety plan by March 1, 2016 2000 , and
shall review and update its plan by March 1 of
every third 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
of every third year
thereafter. This subdivision does not limit a school from
updating its comprehensive school safety plan prior to every third
year.
(b) No later than Commencing July
31, 2016, and 2000 and every year
thereafter, the principal of each school shall accurately
report on the status of the principal's 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.
SEC. 5. SEC. 4. Section 32286.1 is
added to the Education Code, to read:
32286.1. No later than October 15, 2016, and every third
year thereafter, 2016, and each 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. SEC. 5. 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) (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.
SEC. 7. SEC. 6. 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. SEC. 7. Section 32289 of the
Education Code, as added by Section 1 of Chapter 272 of the Statutes
of 2004, is repealed.
SEC. 9. SEC. 8. 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. SEC. 9. 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.