BILL NUMBER: SB 187	AMENDED
	BILL TEXT

	AMENDED IN SENATE   APRIL 10, 1997
	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.   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.   Existing law
provides for grants to assist schools in implementing their school
safety plan. 
   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   evaluated and amended,
as needed,  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   a year
 .  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 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   provide that upon
determining that a school district or county office of education has
not established a comprehensive school safety plan for its schools,
the Superintendent of Public Instruction shall withhold an amount
from the next state funding apportionment to which the school
district or the county office of education would otherwise be
entitled, in an amount not to exceed one-half of the annual salary of
the superintendent of that district or of that county superintendent
of schools, respectively.  The bill would provide that school
district or county office of education shall not reduce funding for
any program or service because of the amount so withheld, except for
withholding the salary of the superintendent of the district or of
the county superintendent of schools. 
   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 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  
statements  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  
   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   these  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   may be composed of members who are already
part of an existing school committee or council, provided that the
school safety planning committee shall include  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.
   (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 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
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) 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) 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.
   (G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
   (H) Programs, strategies, and action plans designed to provide 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
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.
   (c) Grants to assist schools in implementing their school safety
plan shall be made available through the School Safety Partnership as
authorized by Section 32262.
   (d)  The comprehensive school safety plan shall be 
written and updated   evaluated and amended, as needed,
 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   committee no less than 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.

   (c)  
   (e)  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 adopted.
  SEC. 4.  Section 35294.6 is added to the Education Code, to read:
   35294.6.  Each school shall 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.  
   35294.7.  (a) Upon determining that a school district or county
office of education has not established a comprehensive school safety
plan for its schools, as required under this article, the
Superintendent of Public Instruction shall withhold an amount from
the next state funding apportionment to which the school district or
the county office of education would otherwise be entitled.  The
amount so withheld shall not exceed one-half of the annual salary of
the superintendent of that district or of that county superintendent
of schools, respectively.  The school district or county office of
education shall not reduce funding for any program or service because
of the amount so withheld, except for withholding the salary of the
superintendent of the district or of the county superintendent of
schools.
   (b) Any funds withheld pursuant to subdivision (a) shall be held
in trust by the Superintendent of Public Instruction until he or she
determines that the comprehensive school safety plan has been
established, whereupon those funds shall be released to the
appropriate county treasury to the credit of that school district or
county office of education. 
  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 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.  
  SEC. 7.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
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.