BILL NUMBER: AB 1113 CHAPTERED 07/01/99 CHAPTER 51 FILED WITH SECRETARY OF STATE JULY 1, 1999 APPROVED BY GOVERNOR JUNE 30, 1999 PASSED THE ASSEMBLY JUNE 16, 1999 PASSED THE SENATE JUNE 15, 1999 AMENDED IN SENATE JUNE 15, 1999 INTRODUCED BY Assembly Members Florez, Havice, Nakano, Correa, Reyes, Soto, Leonard, Rod Pacheco, Scott, Machado, and Torlakson and Senators Alpert, Karnette, Ortiz, Costa, McPherson, and Rainey FEBRUARY 25, 1999 An act to add Article 3.6 (commencing with Section 32228) and Article 3.8 (commencing with Section 32239.5) to Chapter 2 of Part 19 of the Education Code, relating to school safety, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1113, Florez. School safety. (1) Existing law establishes the School Violence Prevention Grant Program, a statewide grant program coordinated through county offices of education and school districts for school violence prevention programs. This bill would establish the School Safety and Violence Prevention Act, a statewide program to be administered by the Superintendent of Public Instruction, who would allocate funds to school districts that maintain any of grades 8 to 12, inclusive, that certify the funds will be used as required by this act. Funds allocated pursuant to this program would be expended for purposes that include, but are not limited to, providing conflict resolution personnel, providing on-campus communication devices, establishing staff training programs, and establishing cooperative arrangements with law enforcement agencies. (2) This bill would also establish the School Violence Prevention and Response Task Force consisting of the Superintendent of Public Instruction, the Attorney General, the Director of the Office of Criminal Justice Planning, the Secretary for Education, and 12 individuals representing educators, health care practitioners, and members of the law enforcement community, each with expertise in school-based crisis prevention and response. The bill would require the task force to perform various duties, including, among others, analyzing and evaluating current statutes and programs in the area of school-based crisis prevention and response, and making appropriate policy recommendations on how to enhance state and local programs and training to adequately prepare school districts and county offices of education to meet the challenges stemming from disruptive and violent acts, or both, on or near school campuses. The bill would require the task force to report its findings and recommendations to the Legislature and the Governor on or before April 10, 2000. (3) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Article 3.6 (commencing with Section 32228) is added to Chapter 2 of Part 19 of the Education Code, to read: Article 3.6. School Safety and Violence Prevention Act 32228. (a) It is the intent of the Legislature that public schools serving pupils in grades 8 to 12, inclusive, have access to supplemental resources to establish programs and strategies that promote school safety and emphasize violence prevention among children and youth in the public schools. (b) It is further the intent of the Legislature that schoolsites receiving funds pursuant to this article accomplish all of the following goals: (1) Teach pupils techniques for resolving conflicts without violence. (2) Train school staff and administrators to support and promote conflict resolution and mediation techniques for resolving conflicts between and among pupils. (3) Reduce incidents of violence at the schoolsite. 32228.1. (a) The School Safety and Violence Prevention Act is hereby established. This statewide program shall be administered by the Superintendent of Public Instruction, who shall provide funds to school districts serving pupils in any of grades 8 to 12, inclusive, for the purpose of promoting school safety and reducing schoolsite violence. As a condition of receiving funds pursuant to this article, an eligible school district shall certify, on forms and in a manner required by the Superintendent of Public Instruction, that the funds will be used as described in this section. (b) From funds appropriated in the annual Budget Act or any other measure, funds shall be allocated to school districts on the basis of enrollment of pupils in grades 8 to 12, inclusive, for any one or more of the following purposes: (1) Providing schools with personnel, including, but not limited to, licensed or certificated school counselors, school social workers, school nurses, and school psychologists, who are trained in conflict resolution. Any law enforcement personnel hired pursuant to this article shall be trained and sworn peace officers. (2) Providing effective and accessible on-campus communication devices and other school safety infrastructure needs. (3) Establishing an in-service training program for school staff to learn to identify at-risk pupils, to communicate effectively with those pupils, and to refer those pupils to appropriate counseling. (4) Establishing cooperative arrangements with local law enforcement agencies for appropriate school-community relationships. (5) For any other purpose that the school or school district determines that would materially contribute to meeting the goals and objectives of current law in providing for safe schools and preventing violence among pupils. 32228.2. Funds allocated pursuant to subdivision (b) of Section 32228.1 shall be allocated to school districts with jurisdiction over eligible schoolsites, based on enrollment, with a minimum allocation of five thousand dollars ($5,000) for each schoolsite, or a minimum allocation of ten thousand dollars ($10,000) for each school district, whichever is greater. SEC. 2. Article 3.8 (commencing with Section 32239.5) is added to Chapter 2 of Part 19 of the Education Code, to read: Article 3.8. School Violence Prevention and Response Task Force 32239.5. (a) This article shall be known, and may be cited, as the School Violence Prevention and Response Act of 1999. (b) A School Violence Prevention and Response Task Force is hereby established, which shall consist of the following members: (1) The Superintendent of Public Instruction, the Attorney General, the Director of the Office of Criminal Justice Planning, and the Secretary for Education shall be ex officio voting members of the School Violence Prevention and Response Task Force, and shall serve as cochairs of the task force. (2) Twelve members representing educators, health care practitioners, and members of the law enforcement community, each with expertise in school-based crisis prevention and response appointed as follows: (A) The Director of the Office of Criminal Justice Planning and the Attorney General shall each appoint three members to the task force. These appointments shall include representatives of the law enforcement and victims' services community. These appointments may include persons with expertise in juvenile justice, gang violence prevention, juvenile probation, victim assistance programs, crisis management, or academic experts in criminology or juvenile delinquency. (B) The Superintendent of Public Instruction and the Secretary for Education shall each appoint three members to the task force. These appointments shall include representative of the education and health care practitioner communities. These appointments may include classroom educators, school administrators, school counselors, school psychologists, parents, pupils, mental health providers, or academic experts in child development or violence prevention. (c) The members of the task force may not receive a salary for their services but shall be reimbursed for their actual and necessary travel and other expenses incurred in the performance of their duties. (d) The task force shall do all of the following: (1) Analyze and evaluate current statutes and programs in the area of school-based crisis prevention and response. (2) Make appropriate policy recommendations on how to enhance state and local programs and training to adequately prepare school districts and county offices of education to meet the challenges stemming from disruptive and violent acts, or both, on or near school campuses. These recommendations shall include a discussion regarding the manner in which the recommendations may be implemented within existing resources. (3) Suggest methods for training school personnel on how to recognize risk indicators for pupils that could eventually lead to violence. These suggested methods shall include how to refer pupils to trained personnel, such as school psychologists, counselors, mental health providers, or other designated appropriate staff. (4) Hold at least two public meetings. (5) Report its findings and policy recommendations to the Legislature and the Governor on or before April 10, 2000. (e) Each of the cochairs shall have the authority to convene subcommittee meetings. However, any findings or recommendations made by a subcommittee, or by any of the other members of the task force, shall be approved by at least three of the four voting members of the task force in order to be incorporated in the report described in paragraph (5) of subdivision (c). (f) The Office of Criminal Justice Planning shall make staff resources available to the task force. SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to facilitate the promotion of school safety and violence prevention at the earliest possible time, it is necessary that this act take effect immediately.