Amended in Assembly June 22, 2015

Amended in Senate April 7, 2015

Senate BillNo. 242


Introduced by Senator Monning

February 17, 2015


An act to add Section 38004.5 to the Education Code, relating to school security.

LEGISLATIVE COUNSEL’S DIGEST

SB 242, as amended, Monning. School security: surplus military equipment.

Existing law authorizes the governing board of a school district to establish a security department under the supervision of a chief of security, or a police department under the supervision of a school chief of police.

The Federal Surplus Property Acquisition Law of 1945 authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, delivery of purchases before payment, or prevents the local agency from bidding on federal surplus property. Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require the governing board ofbegin insert aend insert schoolbegin delete districtsend deletebegin insert districtend insert thatbegin delete haveend deletebegin insert hasend insert established a school police department to prohibit that school police department from receiving surplus military equipment pursuant to the above-described federal law unless specified conditions are satisfied.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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SECTION 1.  

Section 38004.5 is added to the Education Code,
2to read:

3

38004.5.  

The governing board of a school district that
4establishes a school police department shall not permit the school
5police department to receive surplus military equipment pursuant
6to Section 2576a of Title 10 of thebegin delete Unitesend deletebegin insert Unitedend insert States Code,
7unless the governing board of the school district does all of the
8following:

9(a) Votes to approve the acquisition of surplus military
10equipment at a regularly scheduled public board meeting.

11(b) Provides parents or guardians of pupils, and other members
12of the public, a chance to comment at a regularly scheduled public
13board meeting on the proposed acquisition of surplus military
14equipment, and, clearly and in a manner recognizable to the general
15public, identify in the agenda the topic to be discussed at the
16meeting.

begin insert

17(c) Provides a detailed description of the function and purpose
18of the surplus military equipment to be received.

end insert
begin delete

19(c)

end delete

20begin insert(d)end insert Identifies safe and secure storage for surplus military
21equipment to be received by a school police department.

begin delete

22(d)

end delete

23begin insert(e)end insert Ensures that peace officers employed by a school police
24department possess adequate training in the safe use and handling
25of the surplus military equipment to be received.



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