BILL NUMBER: AB 2845 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Williams
FEBRUARY 19, 2016
An act to amend Section 32282 234.1
of the Education Code, relating to school safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 2845, as amended, Williams. School safety plans.
safety: Safe Place to Learn Act.
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.
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.
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.
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.
This bill would make nonsubstantive changes to the provisions
identifying appropriate strategies and programs.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
all of the following:
(1) All pupils deserve and need safe and supportive school
environments in which to learn.
(2) Pupils who are Muslim, Sikh, or of South Asian descent, often
face verbal, physical, or online harassment, all of which have
significant effects on their academic achievement and mental health.
(3) Recent reports indicate that more than half of Muslim and Sikh
pupils in California report that they have faced verbal threats or
insults, cyberbullying, or physical assaults.
(4) The federal government has recognized the harm that is caused
by such bullying, and has called upon Muslim parents to contact the
United States Department of Justice or the United States Department
of Education if their children are bullied at school. The White House
has initiated the Asian American and Pacific Islander Bullying
Prevention Task Force in response to concerns about the bullying of
Muslim, Sikh, and Asian American pupils.
(5) Multiple studies demonstrate that pupils who face bullying
suffer academically. Bullying is also linked to negative outcomes,
including impacts on mental health, substance use, and suicide.
(6) Research demonstrates that Muslim, Sikh, and other pupils who
face hate-based bias and bullying in school do not report these
incidents to school staff, primarily because they believe that school
staff are not trained to address these issues.
(7) Creating supportive learning environments improves pupil
performance.
(8) The United States Department of Education provides numerous
resources for schools to support pupils who are facing bullying due
to their religion, race, or national origin. These resources were
highlighted in an open letter dated December 31, 2015, and sent by
the United States Secretary of Education to education administrators
throughout the nation.
(b) The Legislature therefore encourages school districts, county
offices of education, and charter schools to provide information on
existing schoolsite and community resources to educate teachers,
administrators, and other school staff on the support of Muslim,
Sikh, and other pupils who may face anti-Muslim bias and bullying, as
required by subdivision (d) of Section 234.1 of the Education Code.
SEC. 2. Section 234.1 of the Education
Code is amended to read:
234.1. The department, pursuant to subdivision (b) of Section
64001, shall monitor adherence to the requirements of Chapter 5.3
(commencing with Section 4900) of Division 1 of Title 5 of the
California Code of Regulations and this chapter as part of its
regular monitoring and review of local educational agencies, commonly
known as the Categorical Program Monitoring process. The department
shall assess whether local educational agencies have done all of the
following:
(a) Adopted a policy that prohibits discrimination, harassment,
intimidation, and bullying based on the actual or perceived
characteristics set forth in Section 422.55 of the Penal Code and
Section 220 of this code, and disability, gender, gender identity,
gender expression, nationality, race or ethnicity, religion, sexual
orientation, or association with a person or group with one or more
of these actual or perceived characteristics. The policy shall
include a statement that the policy applies to all acts related to
school activity or school attendance occurring within a school under
the jurisdiction of the superintendent of the school district.
(b) Adopted a process for receiving and investigating complaints
of discrimination, harassment, intimidation, and bullying based on
any of the actual or perceived characteristics set forth in Section
422.55 of the Penal Code and Section 220 of this code, and
disability, gender, gender identity, gender expression, nationality,
race or ethnicity, religion, sexual orientation, or association with
a person or group with one or more of these actual or perceived
characteristics. The complaint process shall include, but not be
limited to, all of the following:
(1) A requirement that, if school personnel witness an act of
discrimination, harassment, intimidation, or bullying, they shall
take immediate steps to intervene when safe to do so.
(2) A timeline to investigate and resolve complaints of
discrimination, harassment, intimidation, or bullying that shall be
followed by all schools under the jurisdiction of the school
district.
(3) An appeal process afforded to the complainant should he or she
disagree with the resolution of a complaint filed pursuant to this
section.
(4) All forms developed pursuant to this process shall be
translated pursuant to Section 48985.
(c) Publicized antidiscrimination, antiharassment,
anti-intimidation, and antibullying policies adopted pursuant to
subdivision (a), including information about the manner in which to
file a complaint, to pupils, parents, employees, agents of the
governing board, and the general public. The information shall be
translated pursuant to Section 48985.
(d) (1) Provided, incident to the
publicizing described in subdivision (c), to certificated schoolsite
employees who serve pupils in any of grades 7 to 12, inclusive, who
are employed by the local educational agency, information on existing
schoolsite and community resources related to the support of
lesbian, gay, bisexual, transgender, and questioning (LGBTQ)
pupils. Schoolsite pupils, or related to the support
of Arab, Middle Eastern, Muslim, Sikh, and South Asian
pupils or the support of other pupils who may face bias or bullying.
(2) As used in this subdivision, both
of the following apply:
(A) Schoolsite resources may
include, but are not limited to, peer support or affinity clubs and
organizations, safe spaces for LGBTQ or other at-risk
pupils, counseling services, staff who have received antibias or
other training aimed at supporting these pupils or who serve as
designated support to these pupils, health and other curriculum
materials that are inclusive of, and relevant to, these pupils,
online training developed pursuant to Section 32283.5, and other
policies adopted pursuant to this article, including related
complaint procedures. Community
(B) Community resources may
include, but are not limited to, community-based organizations that
provide support to LGBTQ or other at-risk pupils and their
families, and physical and mental health providers with experience
or training in treating or supporting these pupils.
(e) Posted the policy established pursuant to subdivision (a) in
all schools and offices, including staff lounges and pupil government
meeting rooms.
(f) Maintained documentation of complaints and their resolution
for a minimum of one review cycle.
(g) Ensured that complainants are protected from retaliation and
that the identity of a complainant alleging discrimination,
harassment, intimidation, or bullying remains confidential, as
appropriate.
(h) Identified a responsible local educational agency officer for
ensuring school district or county office of education compliance
with the requirements of Chapter 5.3 (commencing with Section 4900)
of Division 1 of Title 5 of the California Code of Regulations and
this chapter.
SECTION 1. 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 a 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.
(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.