BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1264
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1264 (Conway)
          As Amended  January 16, 2014
          Majority vote 

           EDUCATION           7-0         APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Buchanan, Olsen, Ch�vez,  |Ayes:|Gatto, Bigelow, Allen,    |
          |     |Gonzalez, Nazarian,       |     |Bocanegra, Bradford, Ian  |
          |     |Weber, Williams           |     |Calderon, Campos, Eggman, |
          |     |                          |     |Gomez, Holden, Linder,    |
          |     |                          |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Weber                     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Makes various changes to the comprehensive school  
          safety plans.  Specifically,  this bill  :  

          1)Expands the definition of "tactical response to criminal  
            incidents" to include a plan to safeguard against incidents  
            that include a firearm, explosive, or other deadly weapon.

          2)Requires a school district or county office of education (COE)  
            to publicly announce its adoption or update of a tactical  
            response plan, but does not require disclosure of those  
            portions of the plan that may be kept private.

          3)Requires the comprehensive school safety plan to include a  
            tactical response plan as specified in existing law.

          4)Makes minor, clarifying changes.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, one-time General Fund/Proposition 98 state  
          reimbursable mandated costs of between $250,000 to $500,000 for  
          school districts to update school safety plans to include  
          tactical response plans, as specified.  If the requirements of  
          this measure are determined to be a state mandate, the  
          requirements and associated costs would be added to the K-12  
          mandate block grant.









                                                                  AB 1264
                                                                  Page  2


           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.  The  
          components of the plan range from daily processes, such as  
          procedures for safe ingress and egress of pupils, parents and  
          school employees; to disaster and emergency procedures such as  
          those during and after earthquakes; to behavioral policies such  
          as discrimination and harassment policies.  The school safety  
          plan is developed by a school site council or a school safety  
          planning committee.  Current law requires a 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  
          California Department of Education (CDE) of any schools that  
          have not complied with the requirement to develop a school  
          safety plan.  The Superintendent of Public Instruction 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.  According to the CDE, there has been no report  
          of noncompliance by schools and no district or COE has been  
          fined for willfully failing to report a school that has not  
          developed a school safety plan.  It is unclear whether this is  
          because there has been no violation and every school in the  
          state has developed its school safety plan, or whether districts  
          or COEs have not reported schools that have not developed their  
          school safety plans.    

          In 2011, AB 680 (Block), Chapter 438, Statutes of 2011,  
          authorized school districts and COEs to choose to allow  
          administrators, in consultation with law enforcement agencies,  
          to develop a tactical response plan, approve the plan in closed  
          session and announce the vote in open session following the  
          closed session.  The bill was sponsored by San Diego Unified  
          School District with concerns that because the school safety  
          plan is a public document and subject to the California Public  
          Records Act, exposing the tactical response plan to public  
          review would give those with criminal intent an advantage in the  
          event of a violent situation, which would compromise the safety  
          of students and staff.  The bill was drafted in consultation  
          with law enforcement and first amendment rights representatives.  
           

          This bill expands the definition of "tactical responses to  
          criminal incidents" from "steps taken to safeguard pupils and  
          staff, to secure the affected school premises, and to apprehend  








                                                                  AB 1264
                                                                  Page  3


          the criminal perpetrator or perpetrators" to "steps taken to  
          safeguard pupils and staff, to secure the affect school  
          premises, and to apprehend the criminal perpetrator or  
          perpetrators, including, but not limited to, a plan to safeguard  
          against incidents that include a firearm, explosive, or other  
          deadly weapon."  The bill also requires the school district or  
          COE to publicly announce its adoption or update of a tactical  
          response plan, but clarifies that the school district or COE is  
          not required to disclose the portions of the plan that may be  
          kept private.  Current law already requires an announcement of  
          the adoption of the plan; this bill expands the requirement to  
          include update of the plan.    
            
          This bill inserts into the list of components that are required  
          of the school safety plan a requirement to develop a tactical  
          response plan as provided for in AB 680.  The author states that  
          the provisions under AB 680 simply authorize the development of  
          a tactical response plan to be developed in closed session, but  
          do not require it.    


           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087  



                                                                FN: 0002986