BILL NUMBER: SB 187	INTRODUCED
	BILL TEXT


INTRODUCED BY  Senator Hughes

                        JANUARY 23, 1997

   An act to amend and renumber Section 35294.1 of, and to add
Sections 35294.1, 35294.6, 35294.7, and 35294.8 to, the Education
Code, relating to school safety.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 187, as introduced, Hughes.  School safety plans.
   Existing law declares the intent of the Legislature that all
California public schools operated by school districts develop a
comprehensive school safety plan, as specified.  The school safety
plan may include, among other things, development of an action plan,
in conjunction with local law enforcement agencies, for implementing
appropriate safety strategies and programs and determining the fiscal
impact of executing the strategies and programs.
   This bill would provide that each school district shall be
responsible for the overall development of school safety plans for
its schools.  The bill would require each school to establish a
school safety planning committee composed, as specified, that shall
write and develop a comprehensive school safety plan relevant to the
needs and resources of that particular school.
   This bill would require that the school safety plan include, but
not be limited to, among other things, assessing the current status
of school crime committed on school campuses and at school-related
functions and 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 specified procedures and policies.

   This bill would require that the school safety plan be written and
updated by the school safety planning committee no less than once
every 3 years and that the school safety planning committee meet at
least once every other month.  The bill would also require that an
updated file of all safety-related plans and materials be readily
available for inspection by the public.  The bill would require that
the school safety plan be subject to approval by a majority vote of
the employees present at the schoolsite on the day of the election.
   The bill would require that each school implement its school
safety plan by September 1, 1998.
   This bill would provide that any officer or administrator of a
school district or a schoolsite who knowingly fails to establish a
school safety plan shall be guilty of a misdemeanor.
   This bill would require each school to forward its school safety
plan to the school district and each school district to notify the
State Department of Education when each school in the school district
has a school safety plan.
   This bill would make a statement of legislative intent.
   By imposing additional responsibilities on school districts and
schools, this bill would impose a state-mandated local program.
  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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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.  It is the intent of the Legislature that this act shall
unite all existing statutes that relate to school safety and ensure
compliance with their provisions by including the requirements of
school safety provisions in each school's school safety plan.
  SEC. 2.  Section 35294.1 is added to the Education Code, to read:
   35294.1.  (a) Each school district is responsible for the overall
development of school safety plans for its schools operating any
kindergarten and any of grades 1 to 12, inclusive.
   (b) (1) Each school shall establish a school safety planning
committee to write and develop a comprehensive school safety plan
relevant to the needs and resources of that particular school.
   (2) The school safety planning committee shall be composed of the
following:
   (A) The principal or the principal's designee.
   (B) One teacher who is the representative of the recognized
certificated employee organization.
   (C) One parent whose child attends the school and who is elected
at a public noticed meeting for the purpose of selecting a committee
member.
   (D) One classified employee who is the representative of the
recognized classified employee organization.
   (E) A pupil who attends the school, when participation by a pupil
is appropriate.
   (3) The school safety planning committee shall consult with a
representative from a law enforcement agency in writing and
developing the school safety plan.
   (4) The school safety planning committee may select other members
of the community to assist the committee in writing and developing
the school safety plan.
   (5) The governing board of the school district and the recognized
employee organization representing the certificated employees shall
establish, pursuant to a collective bargaining agreement, the length
of time that a member will serve on the school safety planning
committee and the process for removing a committee member who has not
performed his or her duty.
  SEC. 3.  Section 35294.1 of the Education Code, as amended by
Chapter 435 of the Statutes of 1993, is amended and renumbered to
read:  
   35294.1.  
   35294.2.   (a)  School   The school
 safety  planning may   plan shall 
include, but not be limited to  , 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  .
   (3) Developing an action plan, in conjunction with local law
enforcement agencies, for implementing appropriate safety strategies
and programs and determining the fiscal impact of executing the
strategies and programs.  The action plan may identify available
resources which will provide for implementation of the plan.
   (4) Establishing a   and address the school's
procedures for complying with existing laws related to school safety,
which shall include the development of the following:
   (A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Title 1 of Part 4 of the Penal
Code.
   (B) Disaster procedures, routine and emergency.
   (C) Zero tolerance policy for drug, alcohol and tobacco on
schoolsites, as set forth in Article 1 (commencing with Section
48900) of Chapter 6 of Part 27.
   (D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
   (E) A sexual harassment policy.
   (F) Policies for pupils who engage in the following antisocial
behavior:
   (i) Possession or brandishing of firearms.
   (ii) Possession or brandishing of knives.
   (iii) Sale of drugs.
   (iv) Other school-designated serious acts which would lead to
mandatory expulsion recommendations.
   (G) The provisions of any  schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
 apparel."   apparel," if the school has adopted
such a dress code.   For those purposes,  the parties
participating in the development of the comprehensive  
the  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.  Any 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 the purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.  
   (b) Existing schoolsite councils may be responsible for developing
a safety plan.  In any event, the plan may be developed with the
participation of teachers, classified employees, parents, law
enforcement, school administrators, and, if deemed appropriate,
students.
   (c) It is the intent of the Legislature that schools develop
school safety plans using existing resources, including the materials
and services of the School Safety Partnership, pursuant to Chapter
2.5 (commencing with Section 32260) of Part 19.  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.
   (d) It is the intent of the Legislature that schools shall not
contract with private consultants to develop school safety plans.
   (e) Grants to assist schools in implementing their school safety
plan shall be made available through the School Safety Partnership as
authorized by Section 32262 of the Education Code.  
   (H) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
   (I) A safe and orderly environment conducive to learning at the
school.
   (b) The school safety plan shall be written and updated by the
school safety planning committee no less than once every three years.
  At all schools, the school safety planning committee shall meet at
least once every other month to evaluate and ensure that the 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.
   (c) The school safety plan, as written and updated by the school
safety planning committee, shall be subject to approval by a majority
vote of the employees present at the schoolsite on the day of the
election before it is implemented. 
  SEC. 4.  Section 35294.6 is added to the Education Code, to read:
   35294.6.  Each school shall implement its school safety plan by
September 1, 1998.
  SEC. 5.  Section 35294.7 is added to the Education Code, to read:
   35294.7.  Any officer or administrator of a school district or a
schoolsite who knowingly fails to establish a school safety plan, as
set forth in this article, shall be guilty of a misdemeanor, which is
punishable by confinement in the county jail for a period not to
exceed six months, or by a fine not to exceed one thousand dollars
($1,000), or both.
  SEC. 6.  Section 35294.8 is added to the Education Code, to read:
   35294.8.  (a) In order to ensure compliance with the provisions of
this article, each school shall forward its school safety plan to
the school district.
   (b) In order to ensure compliance with the provisions of the
article, each school district shall notify the State Department of
Education when each school in the school district has a school safety
plan.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.