BILL NUMBER: SB 187 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 4, 1997
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 amended, Hughes. School
Comprehensive 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 and county
office of education shall be responsible for the overall
development of comprehensive 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 comprehensive 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 comprehensive 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 comprehensive 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
adopt its comprehensive school safety
plan by September 1, 1998.
This bill would provide that any officer or administrator of a
school district , county office of education, or a
schoolsite who knowingly fails to establish a comprehensive
school safety plan shall be guilty of a misdemeanor.
This bill would require each school to forward its
comprehensive school safety plan to the school district or
county office of education, as appropriate, and each school
district or county office of education to notify the State
Department of Education when each school in the school
district has a comprehensive school safety plan by
October 15, 1998, of any schools that have not complied with the
requirement of establishing a school safety planning committee
.
This bill would make a statement of legislative intent.
By imposing additional responsibilities on school districts ,
county offices of education, 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 comprehensive
school safety plan.
SEC. 2. Section 35294.1 is added to the Education Code, to read:
35294.1. (a) Each school district and county office of
education is responsible for the overall development of
comprehensive 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 comprehensive school safety plan.
(4) The school safety planning committee may select
by majority vote appoint a pupil who attends the
school and other members of the community to assist the
committee in writing and developing the school safety plan
comprehensive school safety plan. The school safety
planning committee shall not contract with private consultants to
develop the comprehensive school safety plan .
(5) The governing board of the school district or the county
office of education 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.
(6) An existing school committee or council may be utilized as the
school safety planning committee provided the members of the
existing school committee or council is composed as specified in this
section.
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:
35294.2. (a) The comprehensive school safety 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 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.
(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 which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to 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)
(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 such 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. 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.
(H)
(G) Procedures for safe ingress and egress of pupils,
parents, and school employees to and from school.
(I) A
(H) Programs, strategies, and action plans designed to provide a
safe and orderly environment conducive to learning at the
school.
(b) The comprehensive 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 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.
(c) The comprehensive 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 adopted .
SEC. 4. Section 35294.6 is added to the Education Code, to read:
35294.6. Each school shall implement its
adopt its comprehensive 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 ,
county office of education, or a schoolsite who knowingly
fails to establish a comprehensive school 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 comprehensive
school safety plan to the school district or county office of
education, as appropriate .
(b) In order to ensure compliance with the provisions of the
article, each school district or county office of education
shall notify the State Department of Education when
each school in the school district has a school safety plan.
Department of Education by October 15, 1998, of any
schools that have not complied with Section 35294.1.
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.