BILL NUMBER: AB 1738 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2000
AMENDED IN ASSEMBLY MAY 26, 2000
AMENDED IN ASSEMBLY MARCH 9, 2000
INTRODUCED BY Assembly Member Washington
JANUARY 10, 2000
An act to amend Sections 32228 and 32228.1
, 32228.1, and 32228.5 of, and to add Section 32228.4 to, the
Education Code, and to amend Item 6110-228-0001 of Section 2.00
of the Budget Act of 2000, relating to school safety , and
making an appropriation therefor .
LEGISLATIVE COUNSEL'S DIGEST
AB 1738, as amended, Washington. Educational counseling.
Existing
(1) Existing law establishes the Carl Washington School
Safety and Violence Prevention Act (act) , which requires
the Superintendent of Public Instruction to provide funds to school
districts and county offices of education serving pupils in any of
grades 8 to 12, inclusive, for the purpose of promoting school safety
and reducing schoolsite violence and other specified purposes.
This bill would expand the School Safety and Violence
Prevention program act to school districts and
county offices of education that serve pupils in kindergarten or
grades 1 to 12, inclusive, and expand the specified purposes for
which funds may be appropriated to participating school districts and
county offices of education. The bill would state the intent
of the Legislature to expand upon the goals
of the act , as intended by the Legislature .
(2) Existing law, Item 6110-228-0001 of the Budget Act of 2000,
appropriates funding to the State Department of Education for school
safety.
This bill would revise Item 6110-228-0001 of the Budget Act of
2000.
(3) The bill would also appropriate $100,000 from the General Fund
to the State Department of Education for preparation of a report to
the Legislature regarding the act. These funds would be applied
toward the minimum funding requirements for school districts and
community college districts imposed by Section 8 of Article XVI of
the California Constitution.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 32228 of the Education Code , as amended
by Chapter 71 of the Statutes of 2000, is amended to read:
32228. (a) It is the intent of the Legislature that public
schools serving pupils in kindergarten or grades 1 to 12, inclusive,
have access to supplemental resources that provide additional
personnel and services to establish programs and strategies that
promote school safety and emphasize violence prevention among
children and youth in the public schools.
(b) It is further the intent of the Legislature that schoolsites
receiving funds pursuant to this article accomplish all of the
following goals:
(1) Teach pupils techniques for resolving conflicts without
violence.
(2) Train school staff and administrators to support and promote
conflict resolution and mediation techniques for resolving conflicts
between and among pupils.
(3) Reduce incidents of violence at the schoolsite.
(4) Reduce the ratio of pupils to credentialed pupil services
personnel. For purposes of this article, credential pupil services
personnel shall include, but not be limited to, school counselors,
school psychologists, school social workers, and school nurses.
(5) Promote and increase pupil participation in peer programs.
32228. (a) It is the intent of the Legislature that public
schools serving pupils in kindergarten or any of
grades 1 to 12, inclusive, have access to supplemental resources
that provide additional personnel and services to establish
programs and strategies that promote school safety and emphasize
violence prevention among children and youth in the public schools.
(b) It is further the intent of the Legislature that schoolsites
receiving funds pursuant to this article accomplish all of the
following goals:
(1) Teach pupils techniques for resolving conflicts without
violence.
(2) Train school staff and administrators to support and promote
conflict resolution and mediation techniques for resolving conflicts
between and among pupils.
(3) Reduce incidents of violence at the schoolsite.
(4) Reduce the ratio of pupils to credentialed pupil services
personnel. For purposes of this article, credential pupil services
personnel shall include, but not be limited to, school counselors,
school psychologists, school social workers, and school nurses.
(5) Promote and increase pupil participation in peer programs.
SEC. 2. Section 32228.1 of the Education Code , as amended by
Chapter 71 of the Statutes of 2000, is amended to read:
32228.1. (a) The School Safety and Violence Prevention Act is
hereby established. This statewide program shall be administered by
the Superintendent of Public Instruction, who, subject to funds being
appropriated therefor, shall provide funds to school districts
serving pupils in kindergarten or grades 1 to 12, inclusive, for the
purpose of promoting school safety and reducing schoolsite violence.
As a condition of receiving funds pursuant to this article, an
eligible school district shall certify, on forms and in a manner
required by the Superintendent of Public Instruction, that the funds
will be used as described in this section.
(b) From funds appropriated in the annual Budget Act or any other
measure, funds shall be allocated to school districts on the basis of
prior year enrollment, as reported by the California Basic
Educational Data System, of pupils in kindergarten or grades 1 to 12,
inclusive, for any one or more of the following purposes:
(1) Providing schools with personnel, including, but not limited
to, licensed or certificated school counselors, school social
workers, school nurses, and school psychologists, who are trained in
conflict resolution. Any law enforcement personnel hired pursuant to
this article shall be trained and sworn peace officers.
(2) Providing effective and accessible on-campus communication
devices and other school safety infrastructure needs.
(3) Establishing an in-service training program for school staff
to learn to identify at-risk pupils, to communicate effectively with
those pupils, and to refer those pupils to appropriate counseling.
(4) Establishing cooperative arrangements with local law
enforcement agencies for appropriate school-community relationships.
(5) Establishing youth-to-youth peer programs at schoolsites,
including, but not limited to, peer mediation, peer helpers, conflict
managers, peer education, and peer tutoring.
(6) For any other purpose that the school or school district
determines that would materially contribute to meeting the goals and
objectives of current law in providing for safe schools and
preventing violence among pupils.
32228.1. (a) The School Safety and Violence Prevention Act is
hereby established. This statewide program shall be administered by
the Superintendent of Public Instruction, who , subject to funds
being appropriated therefor, shall provide funds to school
districts serving pupils in kindergarten or any of
grades 1 to 12, inclusive, for the purpose of promoting school
safety and reducing schoolsite violence. As a condition of receiving
funds pursuant to this article, an eligible school district shall
certify, on forms and in a manner required by the Superintendent of
Public Instruction, that the funds will be used as described in this
section.
(b) From funds appropriated in the annual Budget Act or any other
measure, funds shall be allocated to school districts on the basis of
prior year enrollment, as reported by the California Basic
Educational Data System, of pupils in kindergarten or any of
grades 1 to 12, inclusive, for any one or more of the
following purposes:
(1) Providing schools with personnel, including, but not limited
to, licensed or certificated school counselors, school social
workers, school nurses, and school psychologists, who are trained in
conflict resolution. Any law enforcement personnel hired pursuant to
this article shall be trained and sworn peace officers.
(2) Providing effective and accessible on-campus communication
devices and other school safety infrastructure needs.
(3) Establishing an in-service training program for school staff
to learn to identify at-risk pupils, to communicate effectively with
those pupils, and to refer those pupils to appropriate counseling.
(4) Establishing cooperative arrangements with local law
enforcement agencies for appropriate school-community relationships.
(5) Establishing youth-to-youth peer programs at schoolsites,
including, but not limited to, peer mediation, peer helpers,
conflict managers, peer education, and peer tutoring.
(6) For any other purpose that the school or school district
determines that would materially contribute to meeting the goals and
objectives of current law in providing for safe schools and
preventing violence among pupils.
SEC. 3. Section 32228.4 is added to the Education Code, to read:
32228.4. (a) If any school district chooses not to participate
individually in the program authorized under this article, or if
funding available through the program authorized under this article
would be insufficient to conduct the program in accordance with the
requirements of this article, that district may form a consortium
with other school districts to participate in the program and shall
be subject to the provisions of this article to the same extent as an
individual school district.
(b) If a school district chooses not to participate in the program
authorized under this article either individually or as part of a
consortium, that portion of funding that the school district would
have received for the program shall be distributed on a pro rata
basis to participating school districts.
SEC. 4. Section 32228.5 of the Education Code is amended to read:
32228.5. (a) The Superintendent of Public Instruction shall
annually report to the Legislature by January 1 of each year,
commencing with January 1, 2002, regarding the use of funds
pursuant to this article.
(b) As a condition of receipt of funds pursuant to this article,
local education agencies shall provide information for the purpose of
compiling the annual report required pursuant to subdivision (a) to
the Superintendent of Public Instruction, in a format determined by
the Superintendent of Public Instruction.
SEC. 5. (a) The sum of one hundred thousand dollars ($100,000) is
hereby appropriated from the General Fund to the State Department of
Education for preparation of the report required by Section 32228.5
of the Education Code.
(b) For purposes of making the computations required by Section 8
of Article XVI of the California Constitution, the appropriation made
by subdivision (a) shall be deemed to be "General Fund revenues
appropriated to community colleges," as defined in subdivision (c) of
Section 41202 of the Education Code for the 2000-01 fiscal year and
included within the "total allocations to school districts and
community college districts from General Fund proceeds of taxes
appropriated pursuant to Article XIII B" as defined in subdivision
(e) of Section 41202 of the Education Code, for the 2000-01 fiscal
year.
SEC. 6. Item 6110-228-0001 of Section 2.00 of the Budget Act of
2000 is amended to read: 6110-228-0001--For local assistance,
Department of Education, for transfer to Section A of the
State School Fund for allocation by the Controller (Proposition
98), Program 20.60.020.011-School Safety .............
72,087,000 100,000,000
Provisions: 1. Of the funds appropriated in this item,
$71,087,000 is available to fund block grants for middle
and junior high schools and high schools that serve grades 8 to
12, inclusive, pursuant to Chapter 51, Statutes of 1999.
2. Of the funds appropriated in this item, $1,000,000
shall be made available for County Offices of Education
pursuant to Chapter 645, Statutes of 1999. 4. Of the
funds appropriated in this item, $27,913,000 is available to
fund block grants for elementary, middle, and junior high
schools that serve kindergarten and grades 1 to 7, inclusive.