BILL ANALYSIS                                                                                                                                                                                                    �






                         SENATE COMMITTEE ON EDUCATION
                                Carol Liu, Chair
                           2013-2014 Regular Session
                                        

          BILL NO:       AB 1271
          AUTHOR:        Bonta
          AMENDED:       June 17, 2014
          FISCAL COMM:   Yes            HEARING DATE:  June 25, 2014
          URGENCY:       No             CONSULTANT:Daniel Alvarez
           
          SUBJECT  :  School safety plans: pupil mental health care:  
          violent acts.
          
           SUMMARY  

          This bill requires, rather than authorizes, as school  
          safety plans are reviewed and updated that the guidelines  
          for the roles and responsibilities of mental health  
          professionals, community intervention professionals, school  
          counselors, school resource officers, and police officers  
          on school campus contained with a school safety plan to  
          include (a) primary strategies, as specified, and (b)  
          protocols to address the mental health care of pupils who  
          have witnessed a violent act at school.

           BACKGROUND  

          Current law:

          1)   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.  (Education Code � 32281)

          2)   Current law requires the schoolsite council of a small  
               school district to write and develop the school safety  
               plan, and requires the schoolsite council to consult  
               with a representative from a law enforcement agency in  
               the writing and development of the school safety plan.  
                (EC � 32281)

          3)   States legislative intent that all public schools  









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               develop a comprehensive school safety plan that  
               addresses the safety concerns identified through a  
               systematic planning process.  Current law states  
               intent that schools develop school safety plans in  
               cooperation with local law enforcement agencies,  
               community leaders, parents, pupils, teachers,  
               administrators, and other people who may be interested  
               in the prevention of campus crime and violence.  (EC �  
               32280)

          4)   Authorizes school districts and county offices of  
               education, in consultation with law enforcement, to  
               elect to not have its schoolsite council develop and  
               write portions of the school safety plan that include  
               tactical responses to criminal incidents.  Portions of  
               the safety plan containing tactical responses may be  
               developed by school administrators in consultation  
               with law enforcement and with a representative of the  
               employee bargaining unit.  Governing boards are  
               authorized to approve the tactical response portion of  
               the safety plan in a closed session.  (EC � 32281)

          5)   Requires the comprehensive school safety plan to  
               include (1) an assessment of the current status of  
               school crime committed on school campuses and at  
               school-related functions and (2) identification of  
               appropriate strategies and programs that will provide  
               or maintain a high level of school safety and detail  
               procedures for complying with existing laws; disaster  
               procedures; policies regarding suspension or  
               expulsion; a discrimination and harassment policy;  
               and, a safe and orderly environment conducive to  
               learning.  (EC � 32282)

          6)   Encourages, as school safety plans are reviewed and  
               updated, plans to include policies and procedures  
               aimed at the prevention of bullying.  
          (EC � 32282)

          7)   Requires the comprehensive school safety plan to be  
               evaluated at least once a year.  (EC � 32282)










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          8)   Requires the schoolsite council or school safety  
               planning committee to hold a public meeting to allow  
               public comment, and requires the notification of  
               specified entities prior to this meeting.  Current law  
               requires each school to submit its school safety plan  
               to the school district or county office of education  
               for approval and requires a school district or  
               California Office of Education to notify the  
               California Department of Education by October 15 of  
               every year of any school that is not in compliance.  
               (EC � 32288)

          9)   Requires each school to include a description of key  
               elements of the school safety plan in the annual  
               school accountability report card.  
               (EC � 32286)

          10)  Current law requires, if the Superintendent of Public  
               Instruction determines that there has been a willful  
               failure to make any report required in school safety  
               plan statutes to do both of the following:

               a)        Notify the school district or county office  
                    of education in which the willful failure has  
                    occurred.

               b)        Make an assessment of up to $2,000 against  
                    that school or county office, which may be done  
                    by deducting funding from the district's or  
                    county office's future apportionment.  (EC �  
                    32287)

           ANALYSIS
           
          This bill requires, rather than authorizes, as school  
          safety plans are reviewed and updated that the guidelines  
          for the roles and responsibilities of mental health  
          professionals, community intervention professionals, school  
          counselors, school resource officers, and police officers  
          on school campus contained with a school safety plan to  










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          include (a) primary strategies, as specified, and (b)  
          protocols to address the mental health care of pupils who  
          have witnessed a violent act at school.  More specifically,  
          this bill:

          1)   Requires, rather than encourages, all comprehensive  
               school safety plans as they are reviewed and updated,  
               to the extent resources are available, to include  
               clear guidelines for the roles and responsibilities of  
               mental health professionals, community intervention  
               professionals, school counselors, school resource  
               officers and police officers on campus.  

          2)   Requires the guidelines developed to include both of  
               the following:

               a)        Primary strategies, as already specified in  
                    statute, to create and maintain a positive school  
                    climate, promote school safety, and increase  
                    pupil achievement, and prioritize mental health  
                    and intervention services, restorative and  
                    transformative justice programs, and positive  
                    behavior interventions and support.

               b)        Protocols to address the mental health care  
                    of pupils who have witnessed a violent act at  
                    school.

           STAFF COMMENTS  

           1)   According to the author's office  , a Cable News Network  
               (CNN) article published on June 12, 2014, stated that  
               there have been at least 15 school shootings in the  
               past 18 months that were similar to the December 2012  
               massacre at Sandy Hook Elementary School.  Shootings  
               such as the Sandy Hook massacre have devastating  
               effects on both the communities in which they occur  
               and the nation. Students, parents and other community  
               members require counseling, support groups, increased  
               safety protocols, and other procedures to help  
               individuals first grieve properly and then begin to  










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               heal.

               Children and youth living in low-income neighborhoods,  
               as well as children and youth of color, are  
               disproportionately impacted by trauma, including gun  
               violence. Compared to Caucasian children and youth,  
               Latinos are twice as likely and African Americans are  
               three times as likely to be exposed to shootings,  
               bombs, and riots.  Recent history has proved to this  
               country that it can be very difficult to prevent and  
               control many violent acts, such as shootings, at  
               schools.  However, it is possible for us to prepare  
               our schools and students in the case of a crisis.

           2)   Chapter 422, Statutes of 2013 (AB 549, Jones-Sawyer) .   
               This measure encouraged, rather than required, all  
               comprehensive school safety plans, to the extent  
               resources are available, to include clear guidelines  
               for the roles and responsibilities of mental health  
               professionals, community intervention professionals,  
               school counselors, school resource officers and police  
               officers on campus.  AB 1271 would undo what was  
               recently enacted into to law as of January 1, 2014.
               Therefore, staff recommends the following amendments:

                           On page 3, line 14 to strike "requires"  
                    and insert: encourages

                           On page 4, line 4, strike "at school" and  
                    insert: 
                    defined as an act listed in subdivision (a) (b),  
                    (c) (d), (e), (n), (o), (q) or (r) of Section  
                    48900 that occurs at any time, including but not  
                    limited to, any of the following:

                    (1) while on school grounds; (2) while going to  
                    or coming from school; (3) during a lunch period  
                    whether on or off campus; or (4) during or while  
                    going to or coming from, a school sponsored  
                    activity. 











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           SUPPORT  

          None on this version.

           OPPOSITION

           None on this version.