BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 58             
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          |Author:    |Rodriguez                                            |
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          |Version:   |May 28, 2015                             Hearing     |
          |           |Date:        July 1, 2015                            |
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          |Urgency:   |No                     |Fiscal:      |Yes            |
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          |Consultant:|Lynn Lorber                                          |
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          Subject:  School safety plans

            SUMMARY
          
          This bill requires charter school petitions to include the  
          development of a school safety plan, and requires the portion of  
          school safety plans containing tactical responses to include  
          procedures related to guns on school campuses.

            BACKGROUND
          
          Existing law:

          1)Authorizes a petition for the establishment of a charter  
            school to be submitted to the governing board of the school  
            district for review after specified conditions are met.  The  
            governing board of the school district is prohibited from  
            denying a petition for the establishment of a charter school  
            unless it makes written factual findings setting forth  
            specific facts to support specific findings, including the  
            procedures that the school will follow to ensure the health  
            and safety of students and staff.  
            (Education Code § 47605)

          2)Requires each school district or county office of education to  
            be responsible for the overall development of all  
            comprehensive school safety plans for its schools operating  
            kindergarten or any of grades 1 through 12.  The schoolsite  
            council or a school safety planning committee is responsible  
            for developing the comprehensive school safety plan.  (EC §  







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            32281)

          3)Requires school safety plans to include:

             a)   An assessment of the current status of school crime  
               committed on school campuses and at school-related  
               functions.

             b)   Identification of 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, including:

               i)     Child abuse reporting procedures.

               ii)    Disaster procedures, including an earthquake  
                 emergency procedure system and a procedure to allow  
                 public agencies (such as the American Red Cross) to use  
                 school facilities for mass care and welfare shelters.

               iii)   Policies regarding students who commit specified  
                 offenses that would lead to suspension or expulsion.

               iv)    Procedures to notify teachers of dangerous students.

               v)     A discrimination and harassment policy.

               vi)    The provisions of any schoolwide dress code.

               vii)   Procedures for safe ingress and egress of students,  
                 parents, and school employees to and from school.

               viii)  A safe and orderly environment conducive to  
                 learning.

               ix)    The rules and procedures on school discipline.  (EC  
                 § 32282)

          4)Authorizes the portions of a school safety plan that include  
            tactical responses to criminal incidents to be developed by  
            school district or county office administrators in  
            consultation with law enforcement officials and with a  
            representative of the employee bargaining unit, if he or she  
            chooses to participate.  The school district or county office  








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            may elect not to disclose those portions of the comprehensive  
            school safety plan that include tactical responses to criminal  
            incidents.  (EC § 32281)

          5)Defines "tactical responses to criminal incidents" as steps  
            taken to safeguard students and staff, to secure the affected  
            school premises, and to apprehend the criminal perpetrator(s).  
             (EC § 32281)

          6)Requires school safety plans to be evaluated at least once a  
            year, and requires an updated file of all safety related plans  
            and materials to be readily available for inspection by the  
            public.  (EC § 32282)

          7)Requires each school to adopt its school safety plan by March  
            1 and review and update its plan annually by March 1.  Each  
            school is required to annually report, in July, on the status  
            of its school safety plan, including a description of key  
            elements of the school safety plan in the annual school  
            accountability report card.  
            (EC § 32286)

          8)Requires the schoolsite council or school safety planning  
            committee to hold a public meeting before adopting the school  
            safety plan.  Each school is required to forward its school  
            safety plan to the school district or county office for  
            approval, and school districts or county offices are required  
            to annually notify the California Department of Education, by  
            October 15, of any school that is not in compliance.  (EC §  
            32288)

          9)Requires the Superintendent of Public Instruction (SPI), if he  
            or she determines that there has been a willful failure to  
            make any report, to notify the school district or county  
            office and assess a fine of up to $2,000 against the district  
            or county office.  (EC § 32287) 



            ANALYSIS
          
            This bill requires charter school petitions to include the  
            development of a school safety plan, and requires the portion  
            of school safety plans containing tactical responses to  








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            include procedures related to guns on school campuses.   
            Specifically, this bill:

       1)Expands the required components of a charter school petition  
            related to procedures to ensure the health and safety of  
            students and staff to include the development of a school  
            safety plan, which includes all nine topics required for  
            traditional schools that is reviewed and updated by March 1 of  
            every year.

       2)Requires tactical responses to criminal incidents to include  
            procedures related to individuals with guns on school campuses  
            and at school-related functions.  Drills to prepare for active  
            shooters or other armed assailants must be based on the  
            specific needs and context of each school and community.   
            Schools must 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 professional must be integrally  
            involved in the planning and evaluation process to ensure  
            appropriate implementation.

       3)Prohibits confidential information relating to tactical responses  
            to criminal incidents from being included at the public  
            meeting that is required to occur before a school district or  
            county office of education adopts a school safety plan.

       4)Requires each superintendent of a school district and  
            superintendent of a county office of education, no later than  
            October 15, 2016, and annually thereafter, to provide written  
            notification to the SPI certifying that each school within the  
            district or county has complied with the requirements to  
            develop a school safety plan and to report on the status of  
            plans.  Deletes the existing requirement that districts and  
            county offices annually notify the California Department of  
            Education (CDE) of any schools that have not complied with the  
            requirement to develop a school safety plan.

       5)Requires each principal to keep and maintain a copy of the most  
            recent comprehensive school safety plan for that school and  
            ensure that an updated copy of the plan, either written or  
            electronic, is readily available to staff members, law  








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            enforcement, first responders, and the public.  Requires each  
            superintendent of a school district or county office of  
            education to keep and maintain a copy of the most recent  
            school safety plan and a copy of every notification of  
            compliance.

       6)Modifies the requirement that each school annually report on the  
            status of its school safety plan in the school accountability  
            report card, to specify that the report is to be accurate, be  
            for the upcoming school year, and include the date the school  
            safety plan was adopted and a description of the plan's  
            elements.

       7)Deletes an existing requirement that school safety plans be  
            evaluated at least once a year, but leaves intact a separate  
            requirement that each school review and update its school  
            safety plan annually by March 1.

       8)Defines "active shooter" as an individual who is actively engaged  
            in killing or attempting to kill people in a confined and  
            populated area.

       9)Strikes references to the "principal's designee" and establishes  
            a definition of "principal" to include the principal's  
            designee or administrator in charge of a school for charter  
            schools without a principal.

       10)Expands Legislative intent regarding the use of handbooks by  
            schools to add 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."

          STAFF COMMENTS
          
       1)Need for the bill.  According to the author, "Lessons learned  
            from school emergencies highlight the importance of preparing  
            school officials and first responders to implement emergency  
            operations plans.  By having plans and procedures in place to  
            keep students and staff safe, schools play a key role in  
            taking preventative and protective measures to stop  
            emergencies from occurring or reduce the impact of an  
            incident."









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       2)Charter schools.  Existing law exempts charter schools from most  
            provisions of the Education Code, including the requirement to  
            develop school safety plans.  Instead, charter petitions must  
            include the procedures that the school will follow to ensure  
            the health and safety of students and staff, and the  
            procedures by which students can be suspended or expelled.   
            This bill requires a charter school petition to include the  
            development of a school safety plan, which must encompass the  
            nine topics required to be included in comprehensive school  
            safety plans.  

       Prior legislation required charter school petitions to include a  
            school safety plan including eight of the nine topics, and  
            consistently excluded rules and procedures on school  
            discipline (because discipline policies are already addressed  
            in charter school petitions).  Staff recommends an amendment  
            to delete the requirement that school safety plans for charter  
            schools include rules and procedures on school discipline:

               (F) The procedures that the school will follow to  
               ensure the health and safety of pupils and staff.   
               These procedures shall  include both of the following   
                require  :


               (i)  A requirement that   That  each employee of the school  
               furnish the school with a criminal record summary as  
               described in Section 44237.


               (ii) The development of a school safety plan, which  
               shall include the topics listed in subparagraphs (A) to  
                (I)   (H)  , inclusive, of paragraph (2) of subdivision (a)  
               of Section 32282, that is reviewed and updated by March  
               1 of every year by the school.

       3)Stronger accountability?  Current law requires a school to submit  
            its school safety plan to the school district or county office  
            of education for approval and requires the school district or  
            county office to annually notify the California Department of  
            Education (CDE) of any schools that have not complied with the  
            requirement to develop a school safety plan.  The  
            Superintendent of Public Instruction (SPI) is authorized to  
            impose a fine of up to $2,000 against a school district or  








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            county office for any willful failure to submit the report.   
            According to the CDE, there has been no report of  
            noncompliance by schools and no district or county office has  
            ever been fined for willfully failing to report a school that  
            has not developed a school safety plan.  It is unclear whether  
            this is because there have been no violations and every school  
            in the state has developed its school safety plan, or whether  
            districts or county offices have not reported schools that  
            have not developed their school safety plans.    

       This bill strikes the requirement that each school district or  
            county office of education annually notify the CDE by October  
            15 of any schools that have not complied with the requirement  
            to develop a school safety plan, and instead requires, no  
            later than October 15, 2016, and annually thereafter, each  
            superintendent of a school district and superintendent of a  
            county office of education to provide written notification to  
            the SPI certifying that each school within the school district  
            and county has complied with the requirement to develop a  
            comprehensive school safety plan or has included the  
            information about the school safety plan on the school  
            accountability report card.  This change is meant to provide  
            superintendents with a more proactive role in ensuring each  
            school has a school safety plan, rather than reporting  
            noncompliance to the State.

       4)Fiscal impact.  According to the Assembly Appropriations  
            Committee, this bill would impose potential annual Proposition  
            98/General Fund state reimbursable mandated costs in the low  
            hundreds of thousands for school districts and county offices  
            to update school safety plans, make plans available for  
            inspection and, starting in 2016, certify that each school has  
            adopted a plan.

       5)Related and prior legislation.
       
       RELATED LEGISLATION

       SB 592 (Leyva, 2015) among other things, requires school safety  
            plans to include procedures and policies to prevent and  
            respond to adolescent relationship abuse.  SB 592 was held in  
            the Senate Appropriations Committee.

       PRIOR LEGISLATION








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       SB 49 (Lieu, 2013) among other things, required school safety plans  
            to include procedures related to individuals with guns on  
            school campuses and at school-related functions, including,  
            training programs related to active shooters and active  
            terrorists.  SB 49 was held in the Assembly Appropriations  
            Committee.  

       SB 634 (Price, 2013) required comprehensive school safety plans to  
            include procedures for conducting school safety drills,  
            required each school during each school year to conduct a  
            minimum number of school evacuation drills relating to fire  
            incidents, and required schools to conduct at least one law  
            enforcement school lockdown drill.  SB 634 was held in the  
            Senate Appropriations Committee.

       AB 1264 (Conway, 2014) expanded 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, and required a school district or county office  
            of education to publicly announce its adoption or update of a  
            tactical response plan, but did not require disclosure of  
            those portions of the plan that may be kept private.  AB 1264  
            was pending in this Committee, but was never heard.

       SB 755 (Lieu, 2011) among other things, extended the requirement to  
            develop a school safety plan to charter schools and imposed a  
            fine of between $250 and $1,000 on any principal,  
            administrator at a school without a principal, and any  
            superintendent of a school district or county office of  
            education for failing to develop a school safety plan or  
            failing to make specified reporting requirements.  SB 755 was  
            held by the Senate Appropriations Committee, gutted and  
            amended to relate to a different topic, and subsequently held  
            in the Senate Rules Committee.

       AB 2501 (Lieu, 2010) was nearly identical to SB 755, and was never  
            heard by this Committee.  

       AB 2639 (Lieu, 2008) required each school district and county  
            office of education to annually submit to the California  
            Department of Education a report that includes a list of  
            schools within its jurisdiction that have and have not  
            developed a school safety plan.  AB 2639 was held by the  








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            Senate Appropriations Committee.

       AB 810 (Lieu, 2007) required the Superintendent of Public  
            Instruction (SPI) to notify the Commission on Teacher  
            Credentialing (CTC) of a principal or schoolsite  
            administrator's failure to comply with requirements related to  
            the development and adoption of the school safety plan, and  
            required the CTC to suspend the principal or administrator's  
            credential for one year if he or she does not correct the  
            noncompliance within 30 days of receiving the notice from the  
            SPI.  AB 810 was held by the Assembly Appropriations  
            Committee. 

            SUPPORT
          
          American Federation of State, County and Municipal Employees
          American Red Cross
          California State PTA
          LIUNA Local 777

            OPPOSITION
           
           None received.

                                      -- END --