Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2845


Introduced by Assembly Member Williams

February 19, 2016


An act to amend Sectionbegin delete 32282end deletebegin insert 234.1end insert of the Education Code, relating to school safety.

LEGISLATIVE COUNSEL’S DIGEST

AB 2845, as amended, Williams. Schoolbegin delete safety plans.end deletebegin insert safety: Safe Place to Learn Act.end insert

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Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of local educational agencies to operate these schools and provide instruction to pupils. Existing law states the policy of the State of California to afford all persons in public schools, regardless of their disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other specified characteristic, equal rights and opportunities in the educational institutions of the state. Existing law, the Safe Place to Learn Act, requires the State Department of Education, as part of its regular monitoring and review of a local educational agency, to assess whether the local educational agency has, among other things, adopted a policy that prohibits discrimination, harassment, intimidation, and bullying, as specified, and has publicized that policy to pupils, parents, employees, agents of the governing board, and the general public.

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Existing law also requires the State Department of Education to assess whether the local educational agency has provided to certificated schoolsite employees who serve pupils in any of grades 7 to 12, inclusive, information on existing schoolsite and community resources related to the support of lesbian, gay, bisexual, transgender, and questioning pupils, as specified.

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This bill would express legislative findings and declarations relating to pupils who are subject to verbal, physical, and online harassment. The bill would add the support of Arab, Middle Eastern, Muslim, Sikh, and South Asian pupils or the support of other pupils who may face bias or bullying to the matters the State Department of Education is required to assess with respect to local educational agencies, as referenced above.

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Existing law makes each school district and county office of education responsible for the overall development of comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. The plans are required to include an assessment of the current status of school crime committed on each campus and at school-related functions, and 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.

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This bill would make nonsubstantive changes to the provisions identifying appropriate strategies and programs.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

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(a) The Legislature finds and declares all of the
2following:

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3(1) All pupils deserve and need safe and supportive school
4environments in which to learn.

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5(2) Pupils who are Muslim, Sikh, or of South Asian descent,
6often face verbal, physical, or online harassment, all of which have
7significant effects on their academic achievement and mental
8health.

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begin insert

9(3) Recent reports indicate that more than half of Muslim and
10Sikh pupils in California report that they have faced verbal threats
11or insults, cyberbullying, or physical assaults.

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12(4) The federal government has recognized the harm that is
13caused by such bullying, and has called upon Muslim parents to
14contact the United States Department of Justice or the United
P3    1States Department of Education if their children are bullied at
2school. The White House has initiated the Asian American and
3Pacific Islander Bullying Prevention Task Force in response to
4concerns about the bullying of Muslim, Sikh, and Asian American
5pupils.

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6(5) Multiple studies demonstrate that pupils who face bullying
7suffer academically. Bullying is also linked to negative outcomes,
8including impacts on mental health, substance use, and suicide.

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9(6) Research demonstrates that Muslim, Sikh, and other pupils
10who face hate-based bias and bullying in school do not report
11these incidents to school staff, primarily because they believe that
12school staff are not trained to address these issues.

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13(7) Creating supportive learning environments improves pupil
14performance.

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15(8) The United States Department of Education provides
16numerous resources for schools to support pupils who are facing
17bullying due to their religion, race, or national origin. These
18resources were highlighted in an open letter dated December 31,
192015, and sent by the United States Secretary of Education to
20education administrators throughout the nation.

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21(b) The Legislature therefore encourages school districts, county
22offices of education, and charter schools to provide information
23on existing schoolsite and community resources to educate
24teachers, administrators, and other school staff on the support of
25Muslim, Sikh, and other pupils who may face anti-Muslim bias
26and bullying, as required by subdivision (d) of Section 234.1 of
27the Education Code.

end insert
28begin insert

begin insertSEC. 2.end insert  

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begin insertSection 234.1 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
29read:end insert

30

234.1.  

The department, pursuant to subdivision (b) of Section
3164001, shall monitor adherence to the requirements of Chapter 5.3
32(commencing with Section 4900) of Division 1 of Title 5 of the
33California Code of Regulations and this chapter as part of its
34regular monitoring and review of local educational agencies,
35commonly known as the Categorical Program Monitoring process.
36The department shall assess whether local educational agencies
37have done all of the following:

38(a) Adopted a policy that prohibits discrimination, harassment,
39intimidation, and bullying based on the actual or perceived
40characteristics set forth in Section 422.55 of the Penal Code and
P4    1Section 220 of this code, and disability, gender, gender identity,
2gender expression, nationality, race or ethnicity, religion, sexual
3 orientation, or association with a person or group with one or more
4of these actual or perceived characteristics. The policy shall include
5a statement that the policy applies to all acts related to school
6activity or school attendance occurring within a school under the
7jurisdiction of the superintendent of the school district.

8(b) Adopted a process for receiving and investigating complaints
9of discrimination, harassment, intimidation, and bullying based
10on any of the actual or perceived characteristics set forth in Section
11422.55 of the Penal Code and Section 220 of this code, and
12disability, gender, gender identity, gender expression, nationality,
13race or ethnicity, religion, sexual orientation, or association with
14a person or group with one or more of these actual or perceived
15characteristics. The complaint process shall include, but not be
16limited to, all of the following:

17(1) A requirement that, if school personnel witness an act of
18discrimination, harassment, intimidation, or bullying, they shall
19take immediate steps to intervene when safe to do so.

20(2) A timeline to investigate and resolve complaints of
21discrimination, harassment, intimidation, or bullying that shall be
22followed by all schools under the jurisdiction of the school district.

23(3) An appeal process afforded to the complainant should he or
24she disagree with the resolution of a complaint filed pursuant to
25this section.

26(4) All forms developed pursuant to this process shall be
27translated pursuant to Section 48985.

28(c) Publicized antidiscrimination, antiharassment,
29anti-intimidation, and antibullying policies adopted pursuant to
30subdivision (a), including information about the manner in which
31to file a complaint, to pupils, parents, employees, agents of the
32governing board, and the general public. The information shall be
33translated pursuant to Section 48985.

34(d) begin insert(1)end insertbegin insertend insertProvided, incident to the publicizing described in
35subdivision (c), to certificated schoolsite employees who serve
36pupils in any of grades 7 to 12, inclusive, who are employed by
37the local educational agency, information on existing schoolsite
38and community resources related to the support of lesbian, gay,
39bisexual, transgender, and questioning (LGBTQ)begin delete pupils. Schoolsiteend delete
40begin insert pupils, or related to the support of Arab, Middle Eastern, Muslim,
P5    1Sikh, and South Asian pupils or the support of other pupils who
2may face bias or bullying.end insert

3begin insert (2)end insertbegin insertend insertbegin insertAs used in this subdivision, both of the following apply:end insert

4begin insert(A)end insertbegin insertend insertbegin insertSchoolsiteend insert resources may include, but are not limited to,
5peer support or affinity clubs and organizations, safe spaces for
6LGBTQbegin insert or other at-riskend insert pupils, counseling services, staff who
7have received antibias or other training aimed at supporting these
8pupils or who serve as designated support to these pupils, health
9and other curriculum materials that are inclusive of, and relevant
10to, these pupils, online training developed pursuant to Section
1132283.5, and other policies adopted pursuant to this article,
12including related complaint procedures.begin delete Communityend delete

13begin insert(B)end insertbegin insertend insertbegin insertCommunityend insert resources may include, but are not limited to,
14community-based organizations that provide support to LGBTQ
15begin insert or other at-riskend insert pupils and their families, and physical and mental
16health providers with experience or training in treating or
17supporting these pupils.

18(e) Posted the policy established pursuant to subdivision (a) in
19all schools and offices, including staff lounges and pupil
20government meeting rooms.

21(f) Maintained documentation of complaints and their resolution
22for a minimum of one review cycle.

23(g) Ensured that complainants are protected from retaliation
24and that the identity of a complainant alleging discrimination,
25harassment, intimidation, or bullying remains confidential, as
26appropriate.

27(h) Identified a responsible local educational agency officer for
28ensuring school district or county office of education compliance
29with the requirements of Chapter 5.3 (commencing with Section
304900) of Division 1 of Title 5 of the California Code of Regulations
31and this chapter.

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32

SECTION 1.  

Section 32282 of the Education Code is amended
33to read:

34

32282.  

(a) The comprehensive school safety plan shall include,
35but not be limited to, both of the following:

36(1) Assessing the current status of school crime committed on
37school campuses and at school-related functions.

38(2) Identifying appropriate strategies and programs that will
39provide or maintain a high level of school safety and address the
40school’s procedures for complying with existing laws related to
P6    1school safety, which shall include the development of all of the
2following:

3(A) Child abuse reporting procedures consistent with Article
42.5 (commencing with Section 11164) of Chapter 2 of Title 1 of
5Part 4 of the Penal Code.

6(B) Disaster procedures, routine and emergency, including
7adaptations for pupils with disabilities in accordance with the
8federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
912101 et seq.). The disaster procedures shall also include, but not
10be limited to, both of the following:

11(i) Establishing an earthquake emergency procedure system in
12every public school building having an occupant capacity of 50
13or more pupils or more than one classroom. A school district or
14county office of education may work with the Office of Emergency
15Services and the Alfred E. Alquist Seismic Safety Commission to
16develop and establish the earthquake emergency procedure system.
17The system shall include, but not be limited to, all of the following:

18(I) A school building disaster plan, ready for implementation
19at any time, for maintaining the safety and care of pupils and staff.

20(II) A drop procedure whereby each pupil and staff member
21takes cover under a table or desk, dropping to his or her knees,
22with the head protected by the arms, and the back to the windows.
23A drop procedure practice shall be held at least once a school
24quarter in elementary schools and at least once a semester in
25secondary schools.

26(III) Protective measures to be taken before, during, and
27following an earthquake.

28(IV) A program to ensure that pupils and both the certificated
29and classified staff are aware of, and properly trained in, the
30earthquake emergency procedure system.

31(ii) Establishing a procedure to allow a public agency, including
32the American Red Cross, to use school buildings, grounds, and
33equipment for mass care and welfare shelters during disasters or
34other emergencies affecting the public health and welfare. The
35school district or county office of education shall cooperate with
36the public agency in furnishing and maintaining the services as
37the school district or county office of education may deem
38necessary to meet the needs of the community.

39(C) Policies pursuant to subdivision (d) of Section 48915 for
40pupils who committed an act listed in subdivision (c) of Section
P7    148915 and other school-designated serious acts that would lead to
2suspension, expulsion, or mandatory expulsion recommendations
3pursuant to Article 1 (commencing with Section 48900) of Chapter
46 of Part 27 of Division 4 of Title 2.

5(D) Procedures to notify teachers of dangerous pupils pursuant
6to Section 49079.

7(E) A discrimination and harassment policy consistent with the
8prohibition against discrimination contained in Chapter 2
9(commencing with Section 200) of Part 1.

10(F) The provisions of any schoolwide dress code, pursuant to
11Section 35183, that prohibits pupils from wearing “gang-related
12apparel,” if the school has adopted that type of a dress code. For
13those purposes, the comprehensive school safety plan shall define
14“gang-related apparel.” The definition shall be limited to apparel
15that, if worn or displayed on a school campus, reasonably could
16be determined to threaten the health and safety of the school
17environment. A schoolwide dress code established pursuant to this
18section and Section 35183 shall be enforced on the school campus
19and at any school-sponsored activity by the principal of the school
20or the person designated by the principal. For purposes of this
21paragraph, “gang-related apparel” shall not be considered a
22protected form of speech pursuant to Section 48950.

23(G) Procedures for safe ingress and egress of pupils, parents,
24and school employees to and from school.

25(H) A safe and orderly environment conducive to learning at
26the school.

27(I) The rules and procedures on school discipline adopted
28pursuant to Sections 35291 and 35291.5.

29(b) It is the intent of the Legislature that schools develop
30comprehensive school safety plans using existing resources,
31including the materials and services of the partnership, pursuant
32to this chapter. It is also the intent of the Legislature that schools
33use the handbook developed and distributed by the School/Law
34Enforcement Partnership Program entitled “Safe Schools: A
35Planning Guide for Action” in conjunction with developing their
36plan for school safety.

37(c) Each schoolsite council or school safety planning committee,
38in developing and updating a comprehensive school safety plan,
39shall, where practical, consult, cooperate, and coordinate with
40other schoolsite councils or school safety planning committees.

P8    1(d) The comprehensive school safety plan may be evaluated
2and amended, as needed, by the school safety planning committee,
3but shall be evaluated at least once a year, to ensure that the
4comprehensive school safety plan is properly implemented. An
5updated file of all safety-related plans and materials shall be readily
6available for inspection by the public.

7(e) As comprehensive school safety plans are reviewed and
8updated, the Legislature encourages all plans, to the extent that
9resources are available, to include policies and procedures aimed
10at the prevention of bullying.

11(f) The comprehensive school safety plan, as written and updated
12by the schoolsite council or school safety planning committee,
13shall be submitted for approval pursuant to subdivision (a) of
14Section 32288.

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