BILL ANALYSIS
AB 2501
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Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 2501 (Lieu) - As Amended: April 13, 2010
SUBJECT : School safety plan
SUMMARY : Makes a number of changes to the provisions relating
to comprehensive school safety plans. Specifically, this bill :
1)Adds the Attorney General to the list of entities identified
as "local enforcement agencies".
2)Requires each school district and county office of education
(COE) to be responsible for the overall development of school
safety plans for charter schools operating kindergarten or any
of grades 1 to 12 authorized by the school district or COE.
3)Strikes "principal's designee" and adds "administrator in
charge of a school without a principal" in all sections of the
school safety plan laws.
4)Specifies that for purposes of Education Code (EC) section
32281 and 32282, "principal" includes the principal's designee
and "administrator in charge" includes the administrator in
charge's designee.
5)Specifies that the schoolsite council is strongly encouraged
to consult with a representative of a law enforcement agency
for the plan's review every year after the initial development
of the plan.
6)Changes the name of the Office of Emergency Services to the
California Emergency Management Agency.
7)Strikes development of procedures for hate crime reporting as
a required component of the school safety plan.
8)Strikes "public" and instead requires an updated file of all
safety-related plans and materials to be readily available for
inspection by law enforcement and school employees.
9)Strikes the local mayor, a representative of the student body
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government, a representative of the local churches, local
civic leaders, and local business organizations from the list
of entities the schoolsite council or school safety planning
committee is required to notify of a public meeting to hear
public comments about the school safety plan.
10)Specifies that the principal or administrator in charge of a
school without a principal shall forward the school's
comprehensive school safety plan for the upcoming school year
to the superintendent of the school district or COE, or to the
administrator in charge where there is no superintendent by
March 31 of each year. Authorizes the school district or COE
to approve the plan or determine that the plan does not comply
with the law and return it to the school for amendment.
Requires the principal or administrator in charge to return an
amended plan within 60 days.
11)Requires the principal or administrator in charge of a school
without a principal to, no later than July 31 of each year,
accurately report on the status of the school's safety plan
for the upcoming school year and specifies that the report
shall include, but is not limited to, whether or not a school
safety plan was adopted for the upcoming year, the date the
school safety plan was adopted, the date the adopted school
safety plan was forwarded to the school district or COE, and a
description of the safety plan's elements.
12)Requires each school principal or administrator of a school
without a principal to provide written or electronic notice to
each teacher and classified employee that the adopted school
safety plan is readily available for inspection.
13)Specifies that no later than October 15 of each year, each
superintendent of a school district or COE, or each
administrator in charge of a district or county office without
a superintendent, shall provide written notification to the
Superintendent of Public Instruction (SPI) identifying each
school within the district or county that has not developed a
school safety plan or forwarded the plan to the superintendent
of the school district or the COE, or to the administrator in
charge where there is no superintendent.
14)Requires, no later than December 31 of each year, the SPI to
publish on the California Department of Education's (CDE)
Internet Web site the names of every school that has not
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developed a school safety plan.
15)Requires the SPI, no later than 60 days after notifying the
school district or COE that the SPI has determined that there
has been a willful failure to make any required report, to
publish on the CDE's Web site the name of every school
district and COE that received the notification, including the
date of the notification.
16)Requires each principal or administrator in charge of a
school without a principal to keep and maintain a copy of the
most recent comprehensive school safety plan for that school.
17)Requires each superintendent of a school district or a COE or
each administrator in charge of a district or COE without a
superintendent to keep and maintain a copy of the most recent
comprehensive school safety plan and a copy of every
notification sent to the SPI of schools that have not
developed school safety plans.
18)Requires all books, documents, records, and other papers kept
and maintained to be open for inspection and copying on
business days, excluding legal holidays, during the hours of 9
a.m. and 5 p.m., within 48 hours of a written, verbal, or
electronic request by a law enforcement agency.
19)Specifies that each person who knowingly violates the
provisions requiring principals and superintendents to
maintain copies of the school safety plans is guilty of an
infraction punishable by a fine of not less than $250 nor more
than $1,000.
20)Specifies that each principal or chief officer who knowingly
violates EC section 32286 is guilty of an infraction
punishable by a fine of not less than $250 nor more than
$1,000.
21)Specifies that each superintendent of a school district or
COE or chief officer who knowingly violates EC section 32286.1
is guilty of an infraction punishable by a fine of not less
than $250 nor more than $1,000.
22)Specifies that before an infraction may be charged against
any person for a violation, the prosecuting agency shall
provide a written notice of correction to the person. If the
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person delivers written proof of correction to the prosecuting
agency within 60 days of delivery of the notice, the
infraction shall not be charged.
23)Specifies that no reimbursement is required for certain costs
that may be incurred by a local agency or school district
because this bill creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a
crime or infraction. Specifies that reimbursement shall be
made if the Commission on State Mandates determines that this
bill contains other costs mandated by the state.
EXISTING LAW :
1)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, and develop a comprehensive school safety plan.
2)Specifies that the schoolsite council or a school safety
planning committee is responsible for developing the plan.
3)Specifies that the comprehensive school safety plan shall
include an assessment of the current status of school crime
committed on school campuses and at school-related functions
and identification of 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, including child abuse reporting
procedures; disaster procedures; an earthquake emergency
procedure system; policies regarding pupils who commit
specified acts that would lead to suspension or expulsion;
procedures to notify teachers of dangerous pupils; a
discrimination and harassment policy; the provisions of any
schoolwide dress code; procedures for safe ingress and egress
of pupils, parents, and school employees to and from school; a
safe and orderly environment conducive to learning; rules and
procedures on school discipline; and hate crime reporting
procedures.
4)Requires the comprehensive school safety plan to be evaluated
at least once a year.
5)Requires the comprehensive school safety plan to be submitted
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to the school district or COE for approval and requires a
school district or COE to notify the CDE by October 15 of
every year of any school that is not in compliance.
6)Provides that if the SPI determines that there has been a
willful failure to make any report, the SPI shall notify and
assess no more than $2,000 against that school district or
COE.
7)Requires each school to include a description of key elements
of the school safety plan in the annual school accountability
report card.
FISCAL EFFECT : Unknown
COMMENTS : Existing law requires each school to develop a school
safety plan that includes processes, procedures, and policies to
ensure student and staff safety at a school site. Current law
also requires the school to submit the school safety plan to the
school district or COE for approval and requires the school
district or COE to annually notify the CDE of any schools that
have not complied with the requirement to develop a school
safety plan. The SPI is authorized to impose a fine of not more
than $2,000 against a school district or COE for any willful
failure to make any required report.
The author states that a school that does not develop a school
safety plan endangers its students, faculty, and administrators
and exposes the school to astronomical liability costs. The
author further contends that a substantial number of schools
throughout the state have ignored the law, providing as an
example, a report from the Los Angeles Unified School District's
(LAUSD) school accountability report card (SARC) that 32.5% of
middle schools and 37.5% senior high schools and continuation
schools have no school safety plans. According to the LAUSD,
the information on the district internet Web site contains
outdated data. LAUSD's compliance rate is 98%. However, it is
not known why the district has not reported to the CDE those
schools that have not complied.
It is unknown how many schools have not developed a school
safety plan. According to the CDE, there has been no reports of
noncompliance by schools and no district has been fined for
willfully failing to report a school that has not developed a
school safety plan.
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This bill makes principals or administrators in charge of a
school without a principal responsible for ensuring that a
school safety plan is submitted to the superintendent of a
school district or COE and the superintendent of a district or
COE responsible for notifying the SPI of any school that has not
developed a school safety plan. The bill makes it an infraction
punishable by a fine between $250 to $1,000 for any principal or
administrator or superintendent who knowingly violates the
requirements to submit plans or report to the SPI unless proof
of correction is submitted to the prosecuting agency within 60
days of being notified of a required correction. The Committee
may wish to consider whether imposing fines on school and local
educational agency personnel is a good way to enforce policy.
Staff recommends, as an alternative, to include the development
of a school safety plan in the provisions requiring local
educational agencies to conduct financial and compliance audits.
If, in the audit, it is determined that there has been
noncompliance in developing a school safety plan and the
district or county superintendent has failed to notify the SPI
of schools that have not complied, the SPI shall be directed to
withhold the next principal apportionment in the amount of the
penalties pursuant to EC 32287.
The other main provision of this bill extends the requirement to
develop a school safety plan to charter schools. The California
Charter Schools Association states that it does not object to a
requirement that charter schools develop school safety plans but
requests an amendment to insert the requirement in the charter
school petition provisions of law. EC 47605(b)(5)(F) prohibits
the governing board of a school district from denying a petition
for the establishment of a charter school unless it makes
written factual findings, including that the petition does not
reasonably contain descriptions of the procedures that the
school will follow to ensure the health and safety of pupils and
staff. The requirement to develop a school safety plan will be
inserted in this section. Staff recommends maintaining a link
in the school safety plan provisions by referencing the charter
school provisions in EC section 32281(b)(1) and requiring
evidence that the plan has been developed when the charter
school seeks renewal.
Other new provisions proposed by this bill include the
following:
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1)Adds a date (March 31st) by which principals or administrators
in charge of a school without a principal must submit the
school safety plans to district or county superintendents.
2)Requires the school district or COE to return a plan
determined to be in noncompliance with existing requirements
to the school for amendment and requires the principal or
administrator in charge of a school without a principal to
return an amended plan with 60 days.
3)Requires written or electronic notification to school staff of
the availability of the school safety plan for inspection.
4)Requires the SPI to post on the CDE's Internet Web site the
names of each school that has not developed a school safety
plan.
5)Requires a principal or administrator in charge of a school
without a principal and a superintendent of a school district
or COE to keep and maintain a copy of the most recent school
safety plan for the school.
6) Requires all materials to be opened for inspection and
copying within 48 hours of a written, verbal or electronic
request by a law enforcement agency.
The author states, "Clearly, the current enforcement mechanism -
self-reporting by school districts - has proven to be completely
ineffective. AB 2501 will remedy this by permitting an outside
agency - a state or local prosecuting agency - to enforce
disaster plan compliance. Since the goal of this legislation is
to achieve compliance with existing law - and punishment by fine
is a last resort - AB 2501 requires prosecutors provide schools
and school districts with a 60-day notice to comply before
commencing any enforcement proceedings. Public safety depends
on this."
The Association of California School Administrators opposes this
bill unless the penalty provisions are removed.
Technical amendment . Section 1 of the bill specifies that
"principal" and "administrator in charge" includes "principal's
designee" and "administrator in charge's designee" for EC
sections 32286 and 32286.1. The definition should apply to the
whole article, not just to those sections.
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Prior legislation . AB 2639 (Lieu), held in the Senate
Appropriations Committee suspense file in 2008, requires each
school district or COE to annually submit to the CDE by October
15 a report that includes a list of schools within its
jurisdiction that have and have not developed a school safety
plan.
AB 810 (Lieu), held in the Assembly Appropriations Committee's
suspense file in 2007, requires the SPI to notify the Commission
on Teacher Credentialing (CTC) of a principal or schoolsite
administrator's failure to comply with requirements related to
the development and adoption of the school safety plan by
October 15 of each year and requires the CTC to suspend the
principal or administrator's credential for one year if he or
she does not correct the noncompliance within 30 days of
receiving the notice from the SPI.
AB 115 (J. Horton), Chapter 423, Statutes of 2003, increased the
fine to school districts for a willful failure to report a
noncompliant school to the SPI from $500 to $2000.
REGISTERED SUPPORT / OPPOSITION :
Support
Los Angeles City Attorney Carmen Trutanich (sponsor)
Advancement Project
California Charter Schools Association (if amended)
California Teachers Association
Peace Officers Research Association of California
Opposition
Association of California School Administrators (unless amended)
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087