BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 242
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|Author: |Monning |
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|Version: |February 17, 2015 Hearing Date: |
| | March 25, 2015 |
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|Urgency: |No |Fiscal: |No |
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|Consultant:|Lenin Del Castillo |
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Subject: School security: surplus military equipment
NOTE: This bill has been referred to the Committees on
Education and Public Safety. ???? A "do pass" motion should
include referral to the Committee on Public Safety.
SUMMARY
This bill would require a school district's police department to
obtain approval from its governing board prior to receiving
federal surplus military equipment.
BACKGROUND
Existing law allows the governing board of a school district to
establish a school district police department. These police
departments are fully accredited with sworn peace officers.
Approximately 20 school districts in the state have established
police departments. (Education Code § 38000)
The National Defense Authorization Act authorizes the Secretary
of Defense to transfer excess Department of Defense personal
property that it determines suitable for use in law enforcement
activities to federal, state, and local law enforcement
jurisdictions, with special emphasis given to counter drug and
counter terrorism (commonly referred to as the 1033 Program).
The authorities granted to the Secretary of Defense have been
delegated to the Defense Logistics Agency (DLA) Law Enforcement
Support Office in determining whether property is suitable for
use by these agencies. The DLA defines law enforcement
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activities as those performed by government agencies whose
primary function is the enforcement of applicable federal,
state, and local laws and whose compensated law enforcement
officers have powers of arrest and apprehension. The law
enforcement agencies must be authorized and certified annually
to participate.
The Governor's Office of Emergency Services implements the 1033
Program in California and conducts management and oversight of
the program through the California Public Safety Procurement
Program. The Office of Emergency Services also provides support
and technical assistance to law enforcement agencies
participating (or interested in participating) in the program.
Since 1997, the 1033 Program has provided over $5.1 billion of
military equipment to thousands of local law enforcement
agencies throughout the country, including more than 120 school
district police departments that serve K-12 students.
ANALYSIS
This bill prohibits the governing board of a school district
that establishes a school police department from permitting the
school police department to receive federal surplus military
equipment, as specified, unless the governing board does all of
the following:
1. Votes to approve the acquisition of surplus military
equipment at a regularly scheduled public board meeting.
2. Provides parents or guardians and other members of the
public a chance to comment at a regularly scheduled public
board meeting on the proposed acquisition of surplus
military equipment, and clearly and in a manner
recognizable to the general public, identify in the agenda
the topic to be discussed at the meeting.
3. Provides written notice to the parents or guardians of
what surplus military equipment the school police
department will receive, and a detailed description of the
function and purpose of that equipment.
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4. Identifies safe and secure storage for surplus military
equipment to be received by a school police department.
5. Ensures that peace officers employed by a school police
department possess adequate training in the safe use and
handling of the surplus military equipment to be received.
STAFF COMMENTS
1. Need for the bill. According to the author's office, when
school police departments receive surplus military
equipment, there is often no training provided on the
proper use of the equipment. Additionally, the weapons and
supplies that are received often occur without the approval
or knowledge of the elected school boards and with almost
no inclusion or input from community members and parents
about the decision to acquire the equipment which will be
used in policing the schools. The author's office cites
the San Diego Unified School District's (SDUSD) receipt of
a 14 ton Mine Resistant and Ambush Proof (MRAP) vehicle
worth over $700,000 and the Los Angeles Unified School
District's (LAUSD) receipt of an MRAP vehicle along with
sixty-one M-16 automatic rifles and three 40mm M-79 grenade
launchers.
The bill is intended to ensure community involvement and a
parental voice in decisions made by school district police
departments and require greater transparency in the
acquisition of surplus military equipment.
2. Public Criticism. There has been national media attention
surrounding the federal 1033 Program and the transfer of
surplus military weaponry to school police departments,
including coverage in the Fall of 2014 on the SDUSD and
LAUSD. Some questioned the appropriateness of having
military-grade
weapons, such as the M-16 automatic rifles that LAUSD received
(but modified to semiautomatic), on others went on to trigger a
broader conversation of having militarized local school police
departments and how it can create or increase tension between
students and school police.
This bill does not propose to prevent school police departments
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from accessing surplus military equipment, which can also
include more than weapons, such as computers, tools, and
apparel. Rather, the bill seeks to ensure community involvement
and greater transparency if a school police department elects to
acquire military equipment. In turn, this could help a school
district make more informed decisions and also prevent public
outcry and concerns from the community. However, staff notes
that the bill's provision requiring written notice to all
parents of what surplus equipment the school police department
will receive appears to be excessive and costly at the same
time. This requirement would be in addition to the requirement
for the district's governing board to provide parents and other
members of the public with an opportunity to comment a regularly
scheduled board meeting, which should be sufficient. For this
reason, staff recommends an amendment to remove the written
notice requirement.
3. Related and prior legislation.
AB 36 (Campos) would require approval of a local governing
board, including county, city, and school district
jurisdictions, prior to receiving military surplus property
through the federal 1033 Program. This bill is pending
before the Assembly Local Government Committee.
SUPPORT
None received.
OPPOSITION
None received.
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