BILL NUMBER: SB 187 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 1997
AMENDED IN ASSEMBLY JULY 18, 1997
AMENDED IN ASSEMBLY JUNE 19, 1997
AMENDED IN SENATE MAY 22, 1997
AMENDED IN SENATE MAY 12, 1997
AMENDED IN SENATE MAY 5, 1997
AMENDED IN SENATE APRIL 21, 1997
AMENDED IN SENATE APRIL 10, 1997
AMENDED IN SENATE MARCH 4, 1997
INTRODUCED BY Senator Hughes
(Coauthors: Assembly Members Alquist, Campbell, Davis, Lempert,
Martinez, Pacheco, Scott, Strom-Martin, Sweeney, Washington,
Wayne, and Wildman)
JANUARY 23, 1997
An act to amend, renumber, and repeal Section 35294.1 of, to add
Section 35294.2 to, and to add and repeal Sections 35294.1, 35294.6,
35294.7, 35294.8, and 35294.9 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 comprehensive
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 comprehensive school safety plans.
This bill would make each school district and county office of
education responsible for the overall development of comprehensive
school safety plans for its schools. The bill would require
schoolsite councils to write and develop a comprehensive school
safety plan relevant to the needs and resources of that particular
school, except with regard to small school districts, as defined,
which would have the option of developing districtwide comprehensive
school safety plans applicable to each schoolsite. The bill would
authorize schoolsite councils to delegate this responsibility to a
school safety planning committee, to be composed as specified. This
bill would not limit or remove the authority of school boards as
guaranteed in the Education Code.
This bill would require that the comprehensive school safety plan
include, but not necessarily 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 evaluated and amended, as needed, by the schoolsite council or the
school safety planning committee no less than once 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 the comprehensive school safety plan to be
submitted for approval, as specified.
The bill would require that each school adopt its comprehensive
school safety plan by September 1, 1998.
This bill would provide that, if the Superintendent of Public
Instruction determines that there has been a willful failure to make
any report required by these provisions, the Superintendent of Public
Instruction would be required to make an assessment of not more than
$500 against that school district or county office of education, as
specified.
This bill would require each school to forward its comprehensive
school safety plan to the school district or county office of
education for approval. Before adopting the comprehensive school
safety plan, the schoolsite council or school safety planning
committee would be required to hold a public hearing to allow the
members of the public to express an opinion about the school safety
plan. The bill would require 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 developing a comprehensive school safety plan.
The bill would require a school, other than a school in a small
school district, that submits a comprehensive school safety plan in
existence on December 31, 1997, to be deemed to have satisfied the
requirements of the law in this area on and after the effective date
of this bill if the comprehensive school safety plan meets specified
requirements in effect.
This bill would repeal these provisions on January 1, 2000,
however, the comprehensive school safety plan would continue to be
evaluated and amended by the schoolsite council.
This bill would make 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, 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) Except as provided in subdivision (c)
(d) with regard to a small school district, the schoolsite
council established pursuant to Section 52012 or 52852 shall write
and develop a comprehensive school safety plan relevant to the needs
and resources of that particular school.
(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
(A) The principal or the principal's designee.
(B) One teacher who is a representative of the recognized
certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the
recognized classified employee organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
comprehensive school safety plan.
(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.
(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
(d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
(2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance in the 1997-98 fiscal year.
(e) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
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 necessarily 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 all 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, pursuant to subdivision (b) of
Section 212.6.
(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) 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
comprehensive 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 comprehensive
school safety plan shall be made available through the School Safety
Partnership as authorized by Section 32262.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan shall be evaluated and
amended, as needed, by the school safety planning 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.
(f) The comprehensive school safety plan, as written and updated
by the schoolsite council , or school safety
planning committee, shall be submitted for approval under subdivision
(a) of Section 35294.8.
(g) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
SEC. 4. Section 35294.2 is added to the Education Code, to read:
35294.2. (a) School safety planning may include, but is not
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 schoolwide dress code, pursuant to Section
35183, that prohibits pupils from wearing "gang-related apparel."
For those purposes, the parties participating in the development of
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 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.
(f) Comprehensive school safety plans developed pursuant to
Section 35294.1 and 35294.2, as those sections existed on December
31, 1999, shall be evaluated and amended, as needed, by the
schoolsite council or the school safety planning 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.
(g) This section shall become operative on January 1, 2000.
SEC. 5. Section 35294.6 is added to the Education Code, to read:
35294.6. (a) Each school shall adopt its comprehensive school
safety plan by September 1, 1998.
(b) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
SEC. 6. Section 35294.7 is added to the Education Code, to read:
35294.7. (a) In the event that the Superintendent of Public
Instruction determines that there has been a willful failure to make
any report required by this article, the Superintendent of Public
Instruction shall do both of the following:
(1) Notify the school district or the county office of education
in which the willful failure has occurred of the determination.
(2) Make an assessment of not more than five hundred dollars
($500) against that school district or county office of education.
This may be accomplished by the deduction of the amount of the
assessment from an apportionment made subsequent to the
determination.
(b) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
SEC. 7. Section 35294.8 is added to the Education Code, to read:
35294.8. (a) In order to ensure compliance with this article,
each school shall forward its comprehensive school safety plan to the
school district or county office of education for approval.
(b) Before adopting its comprehensive school safety plan, the
schoolsite council or school safety planning committee shall hold a
public meeting at the schoolsite in order to allow members of the
public the opportunity to express an opinion about the school safety
plan.
(c) In order to ensure compliance with this 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.
(d) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
SEC. 8. Section 35294.9 is added to the Education Code, to read:
35294.9. (a) Notwithstanding any other provision of law, a
school, other than a school in a small school district, that submits
a comprehensive school safety plan in existence on December 31, 1997,
shall be deemed to have satisfied the requirements of this article
as it exists on and after the effective date of the act that adds
this section if the comprehensive school safety plan meets all of the
requirements of Section 35294.2.
(b) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2000, deletes or extends
that date.
SEC. 9. 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.