BILL NUMBER: AB 132 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 23, 2009
INTRODUCED BY Assembly Member Mendoza
(Principal coauthor: Assembly Member Huffman)
JANUARY 20, 2009
An act to amend Section 32282 of the Education Code,
relating to school safety. An act to add Article 6
(commencing with Section 32297) to Ch apter 2.5 of Part 19
of Division 1 of Title 1 of the Education Code, relating to pupil
safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 132, as amended, Mendoza. School safety: immigration
investigations.
(1) Existing law requires each school district and county office
of education to be responsible for the overall development of all
comprehensive school safety plans for its schools operating
kindergarten or any of grades 1 to 12, inclusive. Safety plans are
required to include specified elements, including, but not limited
to, procedures for safe ingress and egress of pupils, parents, and
school employees to and from school, the rules and procedures on
school discipline, and a discrimination and harassment policy.
This bill would require that school safety plans include
procedures to address immigration investigations on school grounds,
including, but not necessarily limited to, issues relating to the
safety and well-being of pupils and their parents. The bill also
would delete an obsolete cross-reference. Because this bill would
require school districts and county offices of education to revise
school safety plans to include additional elements, it would impose a
state-mandated local program.
(1) Existing law recognizes that all pupils enrolled in the state
public schools have the inalienable right to attend classes on school
campuses that are safe, secure, and peaceful. Existing law
establishes various safety programs and procedures to address issues
relating to school safety.
This bill would state the Legislature's request that prior to
appearing at a schoolsite or entering a school for the purpose of
conducting any investigative activity relating to immigration,
immigration agents contact the school or district office and, if
applicable, arrange an appropriate time to meet with a pupil. The
bill would require school officials to request immigration agents to
adhere to certain procedures prior to, during, and after any meetings
with pupils for the purpose of conducting any investigative
activities relating to immigration. Because the bill would require
school officials to perform additional duties, it would impose a
state-mandated local program.
(2) 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.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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. Article 6 (commencing with Section
32297) is added to Chapter 2.5 of Part 19 of Division 1 of Title 1 of
the Education Code , to read:
Article 6. Immigration Investigations
32297. The Legislature finds and declares that pupils are
entitled to public education while in the United States of America,
regardless of immigration status. The Legislature further finds and
declares that immigration agents should not be impeded in their work
to maintain public safety. Immigration agents are requested, however,
to follow the procedures described in this section while conducting
investigative activities at schools relating to immigration.
(a) Prior to appearing at a schoolsite or entering a school,
immigration agents are requested to contact the school or district
office and, if applicable, to arrange an appropriate time to meet
with a pupil.
(b) When immigration agents enter a school, school officials shall
request the agents to first meet with the principal to discuss the
nature of the visit.
(c) School officials shall request that immigration agents neither
enter a classroom while instruction is taking place, nor remove a
pupil from his or her classroom, except as necessary for public
safety.
(d) School officials shall request immigration agents, during any
meetings with a pupil, to allow the pupil's parent or guardian or
appropriate school personnel to be present.
(e) Schools are encouraged to immediately contact the regional
office of United States Immigration and Customs Enforcement to alert
the office of the arrival of any immigration agents.
(f) To the extent permissible under federal law, schools shall
maintain the name and contact information of a person responsible for
each pupil in the event that a pupil's parent or guardian is taken
into custody by immigration agents.
(g) Schools are encouraged to provide appropriate counseling
services for each pupil who may be affected by immigration
investigations at his or her school, home, or parent's or guardian's
place of employment.
(h) Nothing in this section shall be construed to restrict or
impede any lawful authority of immigration agents.
SECTION 1. Section 32282 of the Education Code
is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not necessarily be limited to, both of 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, including
adaptations for pupils with disabilities in accordance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.). The disaster procedures shall also include, but not
necessarily be limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not necessarily be
limited to, all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once each semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(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 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(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 that type of 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.
(J) Procedures to address immigration investigations on school
grounds, including, but not necessarily limited to, issues relating
to the safety and well-being of pupils and their parents,
communication with immigration officials, and access to pupil
records. In developing these procedures, the Superintendent shall
confer with the Attorney General to ensure that the procedures comply
with all state and federal laws.
(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 partnership, pursuant to this
chapter. 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 partnership as
authorized by Section 32285.
(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 may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once each school 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 32288.
SEC. 2. 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.