Bill Text: CA AB2501 | 2009-2010 | Regular Session | Amended
Bill Title: School safety plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-21 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2501 Detail]
Download: California-2009-AB2501-Amended.html
BILL NUMBER: AB 2501 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Lieu
FEBRUARY 19, 2010
An act to amend Sections 32280, 32281, 32282, 32285, and 32286 of,
to add Sections 32286.1, 32287.1, 32289.1, and 32289.2
32289.1 to, to repeal Section 32289 of, and to
repeal and add Section 32288 of, the Education Code, relating to
public schools.
LEGISLATIVE COUNSEL'S DIGEST
AB 2501, as amended, Lieu. School safety plans.
(1) Existing law provides that school districts and county offices
of education are responsible for the overall development of a
comprehensive school safety plan for each of their constituent
schools. Existing law requires the schoolsite council of a school to
write and develop the school safety plan relevant to the needs and
resources of the particular school. Existing law requires a
schoolsite council or school safety planning committee, before
adopting a school safety plan, to hold a public meeting at the
schoolsite, as specified. Existing law requires schools to forward
copies of their school safety plans to the school district or county
office of education for approval. Existing law requires school
districts and county offices of education annually to notify the
State Department of Education regarding schools that fail to adopt a
school safety plan.
This bill would revise and recast those procedures. The bill would
make the requirement to develop and adopt a school safety plan
applicable to charter schools authorized by the governing boards of
school districts or county offices of education in addition to other
public schools operated by those districts or county offices. The
bill also would impose various criminal penalties for school and
local educational agency officers who fail to comply with the revised
procedures. The bill would authorize the superior court in
and for the county wherein acts or practices that violate the revised
procedures take place, or are about to take place, to issue an
injunction, or other appropriate order restraining the conduct, on
application of the Attorney General, the district attorney of the
county, a city attorney, or any person aggrieved
authorize the filing of a complaint of noncompliance with the school
safety plan requirements of Title IV of the federal No Child Left
Behind Act of 2001 with the department pursuant to the Uniform
Complaint Procedures set forth in the California Code of Regulations
. By requiring school and local educational agency officers to
perform additional duties, and creating new crimes, the bill would
impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 32280 of the Education Code is amended to read:
32280. (a) It is the intent of the Legislature that all
California public schools, including charter schools, in
kindergarten, and grades 1 to 12, inclusive, operated by school
districts, in cooperation with local law enforcement agencies,
community leaders, parents, pupils, teachers, administrators, and
other persons who may be interested in the prevention of campus crime
and violence, develop a comprehensive school safety plan that
addresses the safety concerns identified through a systematic
planning process.
(b) (1) For the purposes of this section
article , law enforcement agencies include local police
departments, local fire departments, county sheriffs' offices, school
district police or security departments, probation departments, the
Attorney General, any district attorney, or any city attorney.
(2) For purposes of this section article
, a "safety plan" means a plan to develop strategies aimed at
the prevention of, and education about, potential incidents involving
crime and violence on the school campus.
(3) For purposes of Sections 32281 and 32282, "principal" includes
the principal's designee, and "administrator in charge" includes the
administrator in charge's designee.
SEC. 2. Section 32281 of the Education Code is amended to read:
32281. (a) Each school district and county office of education is
responsible for the overall development of all comprehensive school
safety plans for its schools, including charter schools it has
authorized, operating kindergarten or any of grades 1 to 12,
inclusive.
(b) (1) Except as provided in subdivision (d) with regard to a
small school district, the schoolsite council established pursuant to
Section 52012, as it read prior to January 1, 2006, or Section 52852
, including a schoolsite council at a charter school,
shall write and develop a comprehensive school safety plan
relevant to the needs and resources of that particular school.
(2) The schoolsite council may delegate this responsibility to a
school safety planning committee made up of the following members:
(A) The principal or the school's chief officer in
administrator in charge of a school without a
principal.
(B) One teacher who is a representative of the recognized
certificated employee organization.
(C) One parent whose child attends the school.
(D) One classified employee who is a representative of the
recognized classified employee organization.
(E) Other members, if desired.
(3) The schoolsite council shall consult with a representative
from a law enforcement agency in the writing and development of the
initial comprehensive school safety plan, and is strongly encouraged
to consult with a representative from a law enforcement agency for
the plan's review every year thereafter.
(4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.
(c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
(d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
(2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
(e) (1) When a principal, or the school's chief officer
in administrator in charge of a school without a
principal, verifies through local law enforcement officials that a
report has been filed of the occurrence of a violent crime on the
schoolsite of an elementary or secondary school at which he or she is
the principal or chief officer, the principal or chief
officer administrator in charge, the principal or
administrator in charge may send to each pupil's parent or
legal guardian and each school employee a written notice of the
occurrence and general nature of the crime. If the principal or
chief officer admini strator in
charge chooses to send the written notice, the Legislature
encourages the notice be sent no later than the end of business on
the second regular workday after the verification. If, at the time of
verification, local law enforcement officials determine that
notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by the
local law enforcement agency and the school district. For purposes of
this section, a "violent crime" means a Part 1 violent crime as
defined in paragraph (2) of subdivision (i) of Section 67381 and be
an act for which a pupil could or would be expelled pursuant to
Section 48915.
(2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
SEC. 3. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying 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, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of
the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101
et seq.). The disaster procedures shall also include, but not be
limited to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency or
nongovernmental organization, including the American Red Cross, to
use school buildings, grounds, and equipment for mass care and
welfare shelters during disasters or other emergencies affecting the
public health and welfare. The district or county office shall
cooperate with the public agency or nongovernmental organization in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a dress code. For
those purposes, the comprehensive school safety plan shall define
"gang-related apparel." The definition shall be limited to apparel
that, if worn or displayed on a school campus, reasonably could be
determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the school's chief officer in administrator
in charge of a school without a principal. For the purposes of
this paragraph, "gang-related apparel" shall not be considered a
protected form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
(c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in
developing and updating a comprehensive school safety plan shall,
where practical, consult, cooperate, and coordinate with other
schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by law enforcement and school employees
.
(f) (1) Before adopting its initial comprehensive school safety
plan, the schoolsite council or school safety planning committee
is strongly encouraged to shall hold a
public meeting at the schoolsite to hear public comment about the
school safety plan.
(2) The schoolsite council or school safety planning committee
shall notify, in writing, the following persons and entities, if
available, of the public meeting:
(A) A representative of the local school employee organization.
(B) A representative of each parent organization registered at the
schoolsite, including the parent teacher association and parent
teacher clubs.
(C) A representative of each teacher organization at the
schoolsite.
(D) All persons who have requested to be notified.
SEC. 4. Section 32285 of the Education Code is amended to read:
32285. (a) The governing board of a school district, on behalf of
one or more schools within the district that have developed a school
safety plan, may apply to the Superintendent for a grant to
implement school safety plans. The partnership may award grants for
school safety plans that include, but are not limited to, the
following criteria:
(1) Assessment of the recent incidence of crime committed on the
school campus.
(2) Identification of appropriate strategies and programs that
will provide or maintain a high level of school safety.
(3) Development of an action plan, in conjunction with local law
enforcement agencies, for implementing appropriate safety strategies
and programs, and determining the fiscal impact of executing the
strategies and programs. The action plan shall identify available
resources which will provide for implementation of the plan.
(b) The Superintendent shall award grants pursuant to this section
to school districts for the implementation of individual school
safety plans in an amount not to exceed five thousand dollars
($5,000) for each school. No grant shall be made unless the school
district makes available, for purposes of implementing the school
safety plans, an amount of funds equal to the amount of the grant.
Grants should be awarded through a competitive process, based upon
criteria including, but not limited to, the merit of the proposal and
the need for imposing school safety, based on school crime rates.
(c) Any school receiving a grant under this section shall submit
to the Superintendent verified copies of its schoolsite crime report
annually for three consecutive years following the receipt of the
grant to study the impact of the implementation of the school safety
plan on the incidence of crime on the campus of the school.
SEC. 5. Section 32286 of the Education Code is amended to read:
32286. (a) Each school shall adopt its comprehensive school
safety plan for the upcoming school year no later than the preceding
March 1 and shall review and update its plan by March 1 of each year
thereafter. A new school campus that begins offering classes to
pupils after March 1, 2001, shall adopt a comprehensive school safety
plan within one year of initiating operation, and shall review and
update its plan by March 1 , every year
thereafter.
(b) The principal or chief officer of each school
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 county office of education, or to the
chief officer administrator in charge where
there is no superintendent, no later than March 31 of each year. The
school district or county office of education may approve the plan or
determine that the plan does not comply with this article and return
it to the school for amendment. The principal or chief
officer administrator in charge shall return an
amended plan within 60 days of the date each rejected plan is
returned for amendment.
(c) No later than July 31 of each year, the principal or
chief officer administrator in charge of a school
without a principal shall accurately report on the status of
the school's safety plan for the upcoming school year, including a
description of its key elements in the annual school accountability
report card prepared pursuant to Sections 33126 and 35256. 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 county office pursuant to
subdivision (b), and a description of the safety plan's elements as
set forth in Section 32282.
(d) Each school principal or chief officer shall provide
administrator in charge of a school without a
principal shall provide written or electronic notice to each
teacher and classified employee a written or electronic copy
of that the adopted school safety plan is
readily available for inspection .
SEC. 6. Section 32286.1 is added to the Education Code, to read:
32286.1. No later than October 15 of each year, each
superintendent of a school district or county office of education, or
each chief officer administrator in charge
of a district or county office without a superintendent, shall
provide written notification to the Superintendent identifying each
school within the district or county that has not complied with
Section 32281 or subdivision (b) of Section 32286 for that school
year.
SEC. 7. Section 32287.1 is added to the Education Code, to read:
32287.1. (a) No later than December 31 of each year, the
Superintendent shall publish on the department's Internet Web site
the names name of each school reported
pursuant to Section 32286.1.
(b) No later than 60 days after a notification pursuant to Section
32287, the Superintendent shall publish on the department's Internet
Web site the name of every school district and county office so
notified and the date of notification.
SEC. 8. Section 32288 of the Education Code is repealed.
SEC. 9. Section 32288 is added to the Education Code, to read:
32288. (a) Each principal or chief officer
administrator in charge of a school without a principal
shall keep and maintain a copy of the most recent comprehensive
school safety plan for that school.
(b) Each superintendent of a school district or county office of
education, or each chief officer
administrator in charge of a district or county office without
a superintendent, shall keep and maintain a copy of the most recent
comprehensive school safety plan filed pursuant to Section 32286 and
a copy of every notification made pursuant to Section 32286.1.
(c) All books, documents, records, and other papers kept and
maintained pursuant to subdivisions (a) and (b) shall be open for
inspection and copying on business days, excluding legal holidays,
during the hours of 9 a.m. and 5 p.m., to 5
p.m., inclusive, within 48 hours of a written, verbal, or
electronic request by a law enforcement agency described in Section
32280.
(d) Each person who knowingly violates this section is guilty of
an infraction punishable by a fine of not less than two hundred fifty
dollars ($250) nor more than one thousand dollars ($1,000).
SEC. 10. Section 32289 of the Education Code, as added by Section
1 of Chapter 272 of the Statutes of 2004, is repealed.
SEC. 11. Section 32289.1 is added to the Education Code, to read:
32289.1. (a) Each principal or chief officer
administrator in charge of a school without a principal
who knowingly violates Section 32286 is guilty of an infraction
punishable by a fine of not less than two hundred fifty dollars
($250) nor more than one thousand dollars ($1,000).
(b) Each superintendent of a school district or a county office of
education, and each chief officer
administrator in charge of a district or county office without
a superintendent, who knowingly violates Section 32286.1 is guilty of
an infraction punishable by a fine of not less than two hundred
fifty dollars ($250) nor more than one thousand dollars ($1,000).
(c) Before an infraction may be charged against any person for a
violation described in this section, the prosecuting agency shall
provide a written notice of correction to the person. If the person
delivers written proof of correction to the prosecuting agency within
60 days of delivery of the notice, the infraction shall not be
charged.
(d) A complaint of noncompliance with the school safety plan
requirements of Title IV of the federal No Child Left Behind Act of
2001 (20 U.S.C. Sec. 7114(d)(7) may be filed with the department
pursuant to the Uniform Complaint Procedures set forth in Chapter 5.1
(commencing with Section 4600) of Title 5 of the California Code of
Regulations.
SEC. 12. Section 32289.2 is added to the
Education Code, to read:
32289.2. In addition to other proceedings provided for in this
chapter, whenever any person has engaged, or is about to engage, in
any acts or practices that constitute, or will constitute, a
violation of this article, the superior court in and for the county
wherein the acts or practices take place, or are about to take place,
may issue an injunction, or other appropriate order restraining the
conduct, on application of the Attorney General, the district
attorney of the county, a city attorney, or any aggrieved person.
SEC. 13. SEC. 12. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution for certain costs that may be incurred by
a local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
