BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1511
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          Date of Hearing:   April 22, 2009

                           ASSEMBLY COMMITTEE ON EDUCATION
                                Julia Brownley, Chair
                   AB 1511 (De Leon) - As Amended:  April 14, 2009
           
           [Note: This bill has been double referred to the Assembly Public  
          Safety Committee and will be heard as it relates to issues under  
          its jurisdiction.]
           
          SUBJECT  :   Pupil Safety:  Interagency Strategies

           SUMMARY  :   Authorizes a governing board of a school district or  
          a county superintendent of schools to enter into a memorandum of  
          understanding (MOU) with a prosecuting city attorney's office or  
          district attorney's office having filing jurisdiction over the  
          school district to facilitate the placement of one or more  
          prosecutors on one or more school district campuses in order to  
          promote public safety.   Specifically,  this bill  :  

          1)States that criminal prosecutors and schools have mutual  
            responsibility to ensure and create a safe environment for  
            children in and around schools.  

          2)Describes a successful partnership between the Los Angeles  
            City Attorney's office and the Los Angeles Unified School  
            District that has increased test scores and the graduation  
            rate in a middle school in Los Angeles.  Declares that the  
            partnership can be used as a model for school safety reform  
            and its replication should be encouraged in other  
            jurisdictions.

          3)Specifies that participation shall be at the option of each  
            agency. A school district, district attorney, or prosecuting  
            city attorney shall not be required by the other party to  
            enter into the MOU.

          4)Requires the two agencies to work together to develop the  
            terms and conditions of the MOU. Requires the MOU to  
            incorporate the conditions described by this bill, and  
            provisions deemed by the agencies as reasonably necessary to  
            fulfill the purpose of school safety and to ensure compliance  
            with the MOU and the provisions of this bill.

          5)Specifies that the MOU shall include, but is not limited to,  








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            the following provisions:

             a)   The time period for the agencies' participation in the  
               school safety program and the procedures for the placement  
               of one or more prosecutors directly onto one or more  
               campuses under the jurisdiction of the school district;

             b)   The scope of work to be given to the prosecutor and how  
               the prosecutor is to work with the administration of the  
               specific school;

             c)   A procedure for funding the school safety program that  
               includes, but is not limited to, declarations that the  
               agencies have adequate funds available to provide for the  
               costs that arise from placing a prosecutor on a school  
               campus;

             d)   Performance measures to evaluate the effectiveness of  
               the school safety program, including, but not limited to,  
               annual progress reports.

             e)   A statement that the primary purpose of the partnership  
               is to promote pupil safety and that the prosecutor shall  
               attempt, whenever possible, to prevent problems before they  
               escalate.

          6)Provides the following definitions for the purposes of this  
            bill:

             a)   "Agency" means a governing board of a school district, a  
               county superintendent of schools, a district attorney, or a  
               prosecuting city attorney; and, 

             b)   "School safety program" means the placement of one or  
               more prosecutors on one or more local school district  
               campuses in order to promote public safety.

           EXISTING LAW  :

          1)Under the Interagency School Safety Demonstration Act of 1985  
            (Education Code 32260 et seq.), expresses the Legislature's  
            recognition that all pupils enrolled in a public school have  
            the inalienable right to attend classes on school campuses  
            that are safe, secure, and peaceful, and establishes the  
            School/Law Enforcement Partnership comprised of the  








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            Superintendent of Public Instruction and the Attorney General  
            for the development and administration of safe school programs  
            and policies. 

          2)Expresses the intent of the Legislature that all California  
            public schools work with local law enforcement agencies,  
            community leaders, parents, pupils, teachers, administrators,  
            and other interested parties in the prevention of campus crime  
            and violence.  

          3)Requires a schoolsite council to write and develop a  
            comprehensive school safety plan relevant to the needs and  
            resources of the school.

           FISCAL EFFECT  :   According to the Legislative Counsel, this bill  
          is non-fiscal.

           COMMENTS  :  According to the author, "A primary responsibility of  
          any local prosecutor is to ensure that children feel safe on and  
          around school campuses, so that they - and their teachers - can  
          focus on learning and achievement.  

          "Although school districts and law enforcement agencies play  
          different roles in our communities, there are some significant  
          areas of commonality:

                 Both schools and law enforcement agencies are  
               responsible for the safety and well-being of students;

                 Schools represent the natural centers of our  
               communities. Working within the schools is a logical  
               extension of law enforcement's responsibility for public  
               safety in the broader community; and, 

                 Both schools and law enforcement agencies can play an  
               important role in helping youth become dynamic, productive  
               adults.  

          Local prosecutors are in an ideal position to work with their  
          respective local school districts to implement strategies aimed  
          at reversing and preventing conditions that produce and  
          perpetuate an unsafe school environment."

          The author cites, as an example, a collaboration between the Los  
          Angeles City Attorney and the Los Angeles Unified School  








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          District, in the development of a program which placed a  
          prosecutor at a middle school site, Markham Middle School, in  
          the Watts area of south Los Angeles.  Markham Middle School had  
          long been plagued by crime and gang violence.  Within a year's  
          time, pupil standardized test scores increased from 519 to 542,  
          and the eighth grade graduation rate increased from 66% to 80%.   


          This bill authorizes a governing board or a county  
          superintendent of schools to enter into a MOU with a district  
          attorney or prosecuting city attorney to place one or more  
          prosecutor on one or more school sites.  The bill specifies that  
          the MOU shall include specified components, including the time  
          frame for participation, the scope of work, how the program will  
          be funded, and evaluation measures.

          While this bill is permissive, it is also semi-prescriptive in  
          how the collaboration is to be done.  Staff recommends  
          clarifying that this bill shall not be construed to prohibit a  
          local educational agency (LEA) from adopting alternative models.  
           

          The collaboration between LEAs and district and city attorneys  
          proposed by this bill is similar to a program that is in place  
          nationally and statewide.  Many local city or county law  
          enforcement agencies partner with their LEAs through a School  
          Resource Officer program (SRO).  The SRO program assigns one or  
          more police officers to work with LEAs to create and maintain a  
          safe environment and provide support and training to school and  
          district officials on crime prevention, gang intervention and  
          school safety.  Some SROs assign one officer to each middle  
          and/or high school in a district or one officer to work with  
          several middle and/or high schools, while others assign one  
          officer to work with the whole district.  Some SROs are on  
          campuses daily.  According to the California Commission on Peace  
          Officer Standards and Training, which produces a training  
          document for SROs, the SRO concept started in Michigan in the  
          1950's and the placement of sworn peace officers in the schools  
          in now commonplace throughout the country.  


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           








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          Los Angeles City Attorney Rocky Delgadillo (sponsor)
          Lawrence E. Manion, Chief of Police, Los Angeles School Police  
          Department
          One individual

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087