AB 2519: School safety plans.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-06-22
(1)Existing law expresses the intent of the Legislature for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, to develop, in cooperation with specified community partners, a comprehensive school safety plan, as defined.
This bill would express the intent of the Legislature to include coaches among the community partners. The bill would also express the intent of the Legislature to expand the scope of the safety plan.
(2)Existing law provides that each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive.
This bill would expand the school safety plans to address sanctioned activities before and after school. To the extent this expansion would impose additional duties on school districts and county offices of education, the bill would impose a state-mandated local program.
(2)
(3)Existing law requires the schoolsite council of each school of a school district and of a county office of education to write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school, except as specified for small school districts. Existing law authorizes the schoolsite council to delegate this responsibility to a school safety planning committee made up of specified members. Existing law requires the comprehensive school safety plan to include, among other things, the identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, including the development of specified procedures and policies.
This bill would include a coach of the school, if the school has a coach, to the list of specified members to serve on a school safety planning committee. The bill would additionally require a comprehensive school safety plan to include any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school. campus. By imposing additional duties on school districts and county offices of education regarding the development of school safety plans, the bill would impose a state-mandated local program.
(3)
(4)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(1)Existing law expresses the intent of the Legislature for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, to develop, in cooperation with specified community partners, a comprehensive school safety plan, as defined.
This bill would express the intent of the Legislature to include coaches among the community partners. The bill would also express the intent of the Legislature to expand the scope of the safety plan.
(2)Existing law requires the schoolsite council of each school of a school district and of a county office of education to write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school, except as specified for small school districts. Existing law authorizes the schoolsite council to delegate this responsibility to a school safety planning committee made up of specified members. Existing law requires the comprehensive school safety plan to include, among other things, the identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, including the development of specified procedures and policies.
This bill would include a coach of the school, if the school has a coach, to the list of specified members to serve on a school safety planning committee. The bill would additionally require a comprehensive school safety plan to include any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school. By imposing additional duties on school districts and county offices of education regarding the development of school safety plans, the bill would impose a state-mandated local program.
(3)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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law expresses the intent of the Legislature for all public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, to develop, in cooperation with specified community partners, a comprehensive school safety plan, as defined.
This bill would express the intent of the Legislature to include coaches among the community partners. The bill would also express the intent of the Legislature to expand the scope of the safety plan.
It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, coaches, and other persons who may be interested in the prevention of campus crime and violence and the health and safety of the campus community, to develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school.
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 operating kindergarten or any of grades 1 to 12, inclusive. inclusive, including sanctioned activities before and after school.
(b)(1)Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 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 principals designee.
(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)One coach of the school, if the school has a coach.
(F)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 comprehensive school safety plan.
(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 his or her designee 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, the principal or the principals designee may send to each pupils parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or his or her designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular work day 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, an act that is considered a violent crime shall meet the definition 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).
(f)(1)Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.
(2)As used in this article, tactical responses to criminal incidents means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.
(3)Nothing in this subdivision precludes the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.
(4)Nothing in this subdivision shall be construed to reduce or eliminate the requirements of Section 32282.
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 schools 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 school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist 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, 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 school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education 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 that 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. A 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 person designated by the principal. For 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.
(J)Any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school. campus.
(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)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.
(d)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 the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
SEC. 4.If the Commission on State Mandates determines that this act contains 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.
It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, coaches, and other persons who may be interested in the prevention of campus crime and violence and the health and safety of the campus community, to develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school.
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 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 former Section 52012, as it existed before July 1, 2005, or Section 52852 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 principals designee.
(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)One coach of the school, if the school has a coach.
(E)
(F)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 comprehensive school safety plan.
(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 his or her designee 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, the principal or the principals designee may send to each pupils parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or his or her designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular work day 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, an act that is considered a violent crime shall meet the definition 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).
(f)(1)Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.
(2)As used in this article, tactical responses to criminal incidents means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.
(3)Nothing in this subdivision precludes the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.
(4)Nothing in this subdivision shall be construed to reduce or eliminate the requirements of Section 32282.
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 schools 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 school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist 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, 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 school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education 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 that 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. A 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 person designated by the principal. For 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.
(J)Any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school.
(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)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.
(d)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 the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
SEC. 4.If the Commission on State Mandates determines that this act contains 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.
It is the intent of the Legislature that all California public schools, in kindergarten, and schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school districts, district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, coaches, and other persons who may be interested in the prevention of campus crime and violence, violence and the health and safety of the campus community, to develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving crime and violence crime, violence, or medical emergency on the school campus. campus, including sanctioned activities before and after school.
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Date
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Status
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|---|---|
| Apr 14, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4362.) |
| Aug 11, 2016 | In committee: Held under submission. |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Jun 22, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 21, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 15). |
| May 26, 2016 | Re-referred to Com. on ED. |
| May 19, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. |
| Apr 28, 2016 | Referred to Com. on RLS. |
| Apr 14, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) |
| Feb 19, 2016 | Introduced. To print. |
| Apr 14, 2016 | Read third time. Passed. Ordered to the Senate. |
| Apr 14, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 11, 2016 | Read second time. Ordered to Consent Calendar. |
| Apr 7, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (April 6). |
| Mar 8, 2016 | Referred to Com. on ED. |
| Feb 22, 2016 | Read first time. |
| Feb 21, 2016 | From printer. May be heard in committee March 22. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
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| Jun 15, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
|
| Apr 14, 2016 | AB 2519 CALDERON Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 6, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| u None received. | ** Against | Jun 15, 2016 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2519 (Calderon) - School safety plans
Version: June 22, 2016 | Policy Vote: ED. 9 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 1, 2016 | Consultant: Jillian Kissee |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires school safety plans to include strategies that prevent, respond to, and educate on potential incidents involving crime, violence, or medical emergency on the school campus and before and after school activities.
Fiscal Impact:
- Unknown reimbursable state mandate costs, potentially in the hundreds of thousands to incorporate the new content required by this bill into each school’s safety plan. See staff comments. (Proposition 98)
- The California Department of Education indicates any workload costs generated by this bill would be minor.
Background:
Existing law provides that each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten through grade 12. A safety plan is defined as a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving crime and violence on school campus. (Education Code § 32282)
Each school site council, if one exists, is required to develop the plan but is authorized to delegate this responsibility to a school safety planning committee made up of specified members. School safety plans are required to be evaluated at least once a year. Existing law requires the Superintendent of Public Instruction, if he or she determines that there has been a willful failure to make any report, to notify the school district or county office and assess a fine of up to $2,000 against the district or county office. (EC § 32287)
The safety plan is required to include the following components: (1) an assessment of the current status of school crime committed on school campus and at school-related functions, and (2) identification of strategies that will provide a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which include the development of all of the following:
- Child abuse reporting procedures.
- Disaster procedures, as specified.
- Policies for students who committed an act listed in Education Code Section 48915(c) and other school-designated serious acts that would lead to suspense, expulsion, or mandatory expulsion recommendations.
- Procedures to notify teachers of dangerous students.
- A discrimination and harassment policy, as specified.
- The provisions of any school-wide dress code that prohibits students from wearing “gang-related apparel,” if the school has adopted that type of a dress code.
- Procedures for safe ingress and egress of students, parents, and school employees to and from school.
- A safe and orderly environment conducive to learning at school.
- The rules and procedures on school discipline, as specified.
(EC § 32282)
According to the author, this bill is necessary to ensure that school safety plans are developed for before and after school activities.
Proposed Law:
This bill:
- Expands required components of the comprehensive school safety plan to include any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus.
- Expands the scope of the safety plan to apply to activities before and after school.
- Adds a coach, if one exists at a school, to the list of required members of a school safety planning committee that may be delegated in place of a school site council, or required if a school site council does not exist, to develop a comprehensive school safety plan.
Staff Comments:
This bill expands an existing reimbursable state mandate by: (1) adding another element to be included in the plan, and (2) broadening the scope of the entire plan to apply to before and after school activities. As described in the Background section, there are numerous existing required elements for the safety plan. This bill would require these procedures to also take into account before and after school activities (e.g. athletics and club meetings).
This bill also requires the school safety plan to include any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus. The interpretation of what these strategies would include would be left to schools to decide. Based on the previous mandate to include a discrimination and harassment policy, reimbursable activities would be related to one-time activities to develop the procedures for inclusion in the safety plan which would include consulting with a law enforcement agency representative and other school site councils or school safety planning committees, where practical. Ongoing activities would be to annually review the plan, including the new elements required by this bill.
Ultimately the costs for this bill are unknown. Prior to the establishment of the K-12 Mandate Block Grant, the annual cost for the school safety plan mandate has historically been about $3 million per year, though the costs to marginally adjust the plan have typically not been significant. However, if each school (excluding charter schools as they are exempt) spent just one hour at a staff rate of $50 per hour to incorporate the additional information in the school safety plan and submitted a successful claim to the Commission on State Mandates, statewide costs would be $500,000.
Staff notes that with the funding enacted in the 2016-17 Budget Act to pay down owed mandate claims, the estimated outstanding debt is estimated to be $1.6 billion by the end of the current budget year.
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SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 2519
Author: | |||
Version: | May 19, 2016 Hearing Date: June 15, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lynn Lorber | ||
Subject: School safety plans
SUMMARY
This bill requires school safety plans to include strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus and before and after school activities.
BACKGROUND
Existing law:
- Requires each school district or county office of education to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. The schoolsite council or a school safety planning committee is responsible for developing the comprehensive school safety plan. (EC § 32281)
- Requires school safety plans to include:
- An assessment of the current status of school crime committed on school campuses and at school-related functions.
- 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, including an earthquake emergency procedure system and a procedure to allow public agencies (such as the American Red Cross) to use school facilities for mass care and welfare shelters.
- Policies regarding students who commit specified offenses that would lead to suspension or expulsion.
- Procedures to notify teachers of dangerous students.
- A discrimination and harassment policy.
- The provisions of any schoolwide dress code.
- Procedures for safe ingress and egress of students, parents, and school employees to and from school.
- A safe and orderly environment conducive to learning.
- The rules and procedures on school discipline. (EC § 32282)
- Child abuse reporting procedures.
- An assessment of the current status of school crime committed on school campuses and at school-related functions.
- Encourages school safety plans, as they are reviewed and updated and to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. (EC § 32282)
- Requires school safety plans to be evaluated at least once a year, and requires an updated file of all safety related plans and materials to be readily available for inspection by the public. (EC § 32282)
- Requires each school to adopt its school safety plan by March 1 and review and update its plan annually by March 1. Each school is required to annually report, in July, on the status of its school safety plan, including a description of key elements of the school safety plan in the annual school accountability report card. (EC § 32286)
- Requires the schoolsite council or school safety planning committee to hold a public meeting before adopting the school safety plan. Each school is required to forward its school safety plan to the school district or county office for approval, and school districts or county offices are required to annually notify the California Department of Education, by October 15, of any school that is not in compliance. (EC § 32288)
- Requires the Superintendent of Public Instruction (SPI), if he or she determines that there has been a willful failure to make any report, to notify the school district or county office and assess a fine of up to $2,000 against the district or county office. (EC § 32287)
ANALYSIS
This bill requires school safety plans to include strategies related to potential incidents involving crime, violence, or medical emergency on the school campus and before and after school activities. Specifically, this bill:
- Expands the required elements of the comprehensive school safety plan to include the development of any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school.
- Expands the school safety planning committee to include one coach of the school, if the school has a coach.
- Modifies existing legislative intent regarding the scope of school safety plans to add references to the health and safety of the campus community, medical emergency, and sanctioned activities before and after school.
STAFF COMMENTS
- Need for the bill. According to the author, “By law, California schools must have Emergency Action Plans in place to deal with emergencies that occur during school time, however there is no requirement that schools have Emergency Action Plans in place for ‘after the bell’ activities. These activities, like sports practice and club meetings, often include up to 50% of a school’s student body.”
- First policy hearing. This bill was recently amended to expand the required elements of the comprehensive school safety plan to include the development of any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school. This provision was added to this bill after the bill reached the Senate. This is the first time a policy committee will consider provisions related to expansion of school safety plans.
- Another approach. According to the author, this bill is necessary to ensure that school safety plans are developed for before and after school activities. However, this bill adds a required component contained within school safety plans to address the development of any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency on the school campus, including sanctioned activities before and after school. Staff recommends an amendment to strike reference to before and after school activities in that provision, and instead modify existing provisions to provide that comprehensive school safety plans are for schools operating kindergarten or any of grades 1 to 12, to include sanctioned activities before and after school (add to Education Code § 32281(a)).
- The need for other strategies This bill expands the required elements of school safety plans to include any other strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency. Existing law requires school safety plans to address disaster procedures and a safe and orderly environment, and policies for students who commit acts for which they may be suspended or expelled. However, existing law does not specifically require school safety plans to include strategies aimed at the prevention of, response to, and education about, potential incidents involving crime, violence, or medical emergency. Nor does existing law specifically authorize school safety plans to address issues that are not statutorily required to be addressed.
- Related legislation. AB 58 (Rodriguez, 2015) required charter school petitions to include the development of a school safety plan, and requires the portion of school safety plans containing tactical responses to include procedures related to guns on school campuses. AB 58 was held in the Senate Appropriations Committee.
SB 592 (Leyva, 2015) among other things, requires school safety plans to include procedures and policies to prevent and respond to adolescent relationship abuse. SB 592 was held in the Senate Appropriations Committee. - Prior legislation. SB 49 (Lieu, 2013) among other things, required school safety plans to include procedures related to individuals with guns on school campuses and at school-related functions, including, training programs related to active shooters and active terrorists. SB 49 was held in the Assembly Appropriations Committee.
SB 634 (Price, 2013) required comprehensive school safety plans to include procedures for conducting school safety drills, required each school during each school year to conduct a minimum number of school evacuation drills relating to fire incidents, and required schools to conduct at least one law enforcement school lockdown drill. SB 634 was held in the Senate Appropriations Committee.
AB 1264 (Conway, 2014) expanded 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, and required a school district or county office of education to publicly announce its adoption or update of a tactical response plan, but did not require disclosure of those portions of the plan that may be kept private. AB 1264 was pending in this Committee, but was never heard.
SB 755 (Lieu, 2011) among other things, extended the requirement to develop a school safety plan to charter schools and imposed a fine of between $250 and $1,000 on any principal, administrator at a school without a principal, and any superintendent of a school district or county office of education for failing to develop a school safety plan or failing to make specified reporting requirements. SB 755 was held by the Senate Appropriations Committee, gutted and amended to relate to a different topic, and subsequently held in the Senate Rules Committee.
AB 2501 (Lieu, 2010) was nearly identical to SB 755, and was never heard by this Committee.
AB 2639 (Lieu, 2008) required each school district and county office of education to annually submit to the California Department of Education a report that includes a list of schools within its jurisdiction that have and have not developed a school safety plan. AB 2639 was held by the Senate Appropriations Committee.
AB 810 (Lieu, 2007) required the Superintendent of Public Instruction (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, and required 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 810 was held by the Assembly Appropriations Committee. - Fiscal impact. This bill imposes unknown costs, as it creates a mandate. The provisions of this bill that create a mandate were not in the bill when it was heard in the Assembly; therefore, no fiscal analysis has yet been completed for the current version of this bill.
SUPPORT
None on the current version of the bill.
OPPOSITION
None received.
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Date of Hearing: April 6, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 2519 (
Author:Calderon) – As Introduced Ver:February 19, 2016
SUBJECT: School safety plans
SUMMARY: Revises the provision expressing the intent of the Legislature that school districts develop a comprehensive school safety plan and revises the definition of a "safety plan." Specifically, this bill:
- Adds coaches and other persons interested in the health and safety of the campus community to the list of entities a school should consult with in developing a school safety plan.
- Revises the definition of a "safety plan" to include a plan to develop strategies in "response to" potential incidents involving "medical emergency" on the school campus, which shall include "sanctioned activities before and after school".
- Makes minor, technical corrections.
EXISTING LAW:
- Expresses the intent of the Legislature that all California public schools, 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, to develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. (Education Code Section (EC) Section 32280)
- Specifies that 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. (EC Section 32280)
- Requires each school district or county office of education (COE) to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 through 12. (EC Section 32281)
- Specifies that the schoolsite council or a school safety planning committee is responsible for developing the comprehensive school safety plan. (EC Section 32281)
- 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. (EC 32282)
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: Background. Existing law specifies that school districts and COEs are responsible for the overall development of school safety plans. Each school is required 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; and 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 have been no violations 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.
Intent of the school safety plan. Existing law expresses the intent of the Legislature for schools to develop the school safety plan in cooperation with a number of entities, including 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. This bill adds coaches and other persons who may be interested in the health and safety of the campus community to that list. Existing law defines a safety plan as a plan to develop strategies aimed at the prevention of and education about potential incidents involving crime and violence. This bill expands the definition to include strategies in response to crime and violence, and adds incidences of medical emergency, which includes sanctioned activities before and after school.
The author states that the intent of the bill to ensure that safety plans are developed for before and after school activities, such as sports practice and club meetings, and to include coaches in the development of those plans.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087
Bill Author
Bill Co-Author(s):