Amended in Senate June 22, 2016

Amended in Senate May 19, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2519

Introduced by Assembly Member Calderon

February 19, 2016

An act to amend Sections 32280, 32281, and 32282 of the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 2519, as amended, Calderon. School safety plans.

(1) Existing law expresses the intent of the Legislature for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, to develop, in cooperation with specified community partners, a comprehensive school safety plan, as defined.

This bill would express the intent of the Legislature to include coaches among the community partners. The bill would also express the intent of the Legislature to expand the scope of the safety plan.

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(2) Existing law provides that 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.

end insert begin insert

This bill would expand the school safety plans to address sanctioned activities before and after school. To the extent this expansion would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program.

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(2)

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begin insert (3) end insert  Existing law requires the schoolsite council of each school of a school district and of a county office of education to write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school, except as specified for small school districts. Existing law authorizes the schoolsite council to delegate this responsibility to a school safety planning committee made up of specified members. Existing law requires the comprehensive school safety plan to include, among other things, the 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 the development of specified procedures and policies.

This bill would include a coach of the school, if the school has a coach, to the list of specified members to serve on a school safety planning committee. The bill would additionally require a comprehensive school safety plan to include any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school begin delete campus, including sanctioned activities before and after school. end delete begin insert campus. end insert By imposing additional duties on school districts and county offices of education regarding the development of school safety plans, the bill would impose a state-mandated local program.

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(3)

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begin insert (4) end insert  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.  

It is the intent of the Legislature that all California
public schools teaching kindergarten or any of grades 1 to 12,
inclusive, operated by a school district, in cooperation with local
law enforcement agencies, community leaders, parents, pupils,
teachers, administrators, coaches, and other persons who may be
interested in the prevention of campus crime and violence and the
health and safety of the campus community, to develop a
comprehensive school safety plan that addresses the safety concerns
identified through a systematic planning process. 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, response to, and
education about, potential incidents involving crime, violence, or
medical emergency on the school campus, including sanctioned
activities before and after school.

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, begin delete inclusive. end delete begin insert inclusive, including sanctioned
activities before and after school. end insert

(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) One coach of the school, if the school has a coach.

(F) 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) When a principal or his or her 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 his
or her 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 work day 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 that is considered a “violent crime”
shall meet the definition of Section 67381 and be 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 Alfred E. Alquist 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, 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 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. A 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) The rules and procedures on school discipline adopted
pursuant to Sections 35291 and 35291.5.

(J) Any other strategies aimed at the prevention of, response to,
and education about, potential incidents involving crime, violence,
or medical emergency on the school begin delete campus, including sanctioned
activities before and after school. end delete begin insert campus. end insert

(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 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.

(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 pursuant to subdivision (a) of
Section 32288.

SEC. 4.  

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.