AB 58: School safety plans.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-07-09
(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 require the comprehensive school safety plan to include procedures related to individuals with guns on school campuses and at school-related functions, as provided. The bill would require, no later than October 15, 2016, and every year thereafter, each superintendent of a school district and county office of education to provide written notification to the Superintendent of Public Instruction certifying that each school within the school district and the county has complied with the requirement to adopt a comprehensive school safety plan. The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided, and would require each principal to ensure that an updated copy of the comprehensive school safety plan is readily available to staff members, law enforcement, first responders, and the public. By requiring school and local educational agency officers to perform additional duties, the bill would impose a state-mandated local program.
The Charter Schools Act of 1992 allows one or more persons seeking to establish a charter school within a school district to circulate a petition to that effect. The act provides that a petition for the establishment of a charter school may be denied by the governing board of a school district upon a finding that the petition does not contain a reasonably comprehensive description of the procedures that the school will follow to ensure the health and safety of pupils and staff, including a requirement that each employee of the school furnish the school with a criminal record summary. The renewal of a charter is also governed by these criteria.
This bill, in addition, would add the development of a school safety plan, which includes specified topics, and that is annually reviewed and updated by the school, to the procedures that the school will follow to ensure the health and safety of pupils and staff that are to be described in a petition for the establishment of, or application for the renewal of a charter of, a charter school.
(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, 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 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 require the comprehensive school safety plan to include procedures related to individuals with guns on school campuses and at school-related functions, as provided. The bill would require, no later than October 15, 2016, and every year thereafter, each superintendent of a school district and county office of education to provide written notification to the Superintendent of Public Instruction certifying that each school within the school district and the county has complied with the requirement to adopt a comprehensive school safety plan. The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided. The bill would require the department to monitor compliance with these provisions using an existing monitoring framework. provided, and would require each principal to ensure that an updated copy of the comprehensive school safety plan is readily available to staff members, law enforcement, first responders, and the public. By requiring school and local educational agency officers to perform additional duties, the bill would impose a state-mandated local program.
The Charter Schools Act of 1992 allows one or more persons seeking to establish a charter school within a school district to circulate a petition to that effect. The act provides that a petition for the establishment of a charter school may be denied by the governing board of a school district upon a finding that the petition does not contain a reasonably comprehensive description of the procedures that the school will follow to ensure the health and safety of pupils and staff, including a requirement that each employee of the school furnish the school with a criminal record summary. The renewal of a charter is also governed by these criteria.
This bill, in addition, would add the development of a school safety plan, which includes specified topics, and that is annually reviewed and updated by the school, to the procedures that the school will follow to ensure the health and safety of pupils and staff that are to be described in a petition for the establishment of, or application for the renewal of a charter of, a charter school.
(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, 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 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 require the comprehensive school safety plan to include procedures related to individuals with guns on school campuses and at school-related functions, as provided. The bill would remove the duties of school districts described above. The bill would require, no later than October 15, 2016, and every year thereafter, each superintendent of a school district and county office of education to provide written notification to the Superintendent of Public Instruction identifying certifying that each school within the school district and the county that has not complied with the requirement to adopt a comprehensive school safety plan. The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided. The bill would require the department to monitor compliance with these provisions using an existing monitoring framework. By requiring school and local educational agency officers to perform additional duties, the bill would impose a state-mandated local program.
The Charter Schools Act of 1992 allows one or more persons seeking to establish a charter school within a school district to circulate a petition to that effect. The act provides that a petition for the establishment of a charter school may be denied by the governing board of a school district upon a finding that the petition does not contain a reasonably comprehensive description of the procedures that the school will follow to ensure the health and safety of pupils and staff, including a requirement that each employee of the school furnish the school with a criminal record summary. The renewal of a charter is also governed by these criteria.
This bill, in addition, would add the development of a school safety plan, which includes specified topics, and that is annually reviewed and updated by the school, to the procedures that the school will follow to ensure the health and safety of pupils and staff that are to be described in a petition for the establishment of, or application for the renewal of a charter of, a charter school.
(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, 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 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 require each school to adopt its comprehensive school safety plan by March 1, 2016, and to review and update its plan by March 1 of every 3rd year thereafter. The bill would require the comprehensive school safety plan to include procedures related to individuals with guns on school campuses and at school-related functions, as provided. The bill would remove the duties of school districts described above. The bill would require, no later than October 15, 2016, and every 3rd year thereafter, each superintendent of a school district or county office of education to provide written notification to the Superintendent of Public Instruction identifying each school within the school district or county that has not complied with the requirement to adopt a comprehensive school safety plan. The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided. The bill would require the department to monitor compliance with these provisions using an existing monitoring framework. By requiring school and local educational agency officers to perform additional duties, 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, 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 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 require each school to adopt its comprehensive school safety plan by March 1, 2016, and to review and update its plan by March 1 of every 3rd year thereafter. The bill would require, no later than October 15, 2016, and every 3rd year thereafter, each superintendent of a school district or county office of education to provide written notification to the Superintendent of Public Instruction identifying each school within the school district or county that has not complied with the requirement to adopt a comprehensive school safety plan. The bill would require certain school administrators to keep and maintain a copy of the most recent comprehensive school safety plan, as provided. The bill would require the department to monitor compliance with these provisions using an existing monitoring framework. By requiring school and local educational agency officers to perform additional duties, 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, 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.
(a)It is the intent of the Legislature that all California public 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. 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, and education about, potential incidents involving crime and violence on the school campus.
(b)For purposes of Sections 32281 and 32282, principal includes the principals designee or administrator in charge of a school for charter schools without a principal.
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.
(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 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)This article does not 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)If 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, the principal 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 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, an act considered a violent crime shall meet the definition of Section 67381 and is an act for which a pupil could or would be expelled pursuant to Section 48915.
(2)This subdivision does not 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 the 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)(A)Tactical responses to criminal incidents shall include procedures related to individuals with guns on school campuses and at school-related functions. Drills to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. Schools shall consider the most cost-effective method of preparing pupils and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. Regardless of the nature of the drills a school chooses, the school resource officer and school-employed mental health professionals shall be integrally involved in the planning and evaluation process to ensure appropriate implementation.
(B)As used in this subparagraph, active shooter means an individual who is actively engaged in killing or attempting to kill people in a confined and populated area.
(4)This subdivision does not preclude 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. A vote to approve the tactical response plan shall be announced in open session following the closed session.
(5)This subdivision does not 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 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 school district or county office of education shall cooperate with the public agency or nongovernmental organization 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. 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. 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.
(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 School/Law Enforcement Partnership Program, 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 and the report by the National Association of School Psychologists and the National Association of School Resource Officers on Best Practice Considerations for Schools in Active Shooter and Other Armed Assailant Drills 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)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.
(e)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval under subdivision (a) of Section 32288.
SEC. 4.Section 32286 of the Education Code is amended to read:32286.(a)Each school shall adopt its comprehensive school safety plan by March 1, 2000, and shall review and update its plan by March 1 every 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)Commencing July 2000 and every year thereafter, the principal of each school shall accurately report on the status of the principals schools 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, the date the school safety plan was adopted and a description of the safety plans elements as set forth in Section 32282.
SEC. 5.Section 32286.1 is added to the Education Code, to read:32286.1.No later than October 15, 2016, and each year thereafter, each superintendent of a school district and county office of education shall provide written notification to the Superintendent certifying that each school within the school district and county has complied with Section 32281 or subdivision (b) of Section 32286 for that school year.
SEC. 6.Section 32288 of the Education Code is amended to read:32288.(a)In order to ensure compliance with this article, each school shall forward its comprehensive school safety plan to the school district or the county office of education for approval.
(b)(1) (A) Before adopting its comprehensive school safety plan, the schoolsite council or school safety planning committee shall hold a public meeting at the schoolsite in order to allow members of the public the opportunity to express an opinion about the school safety plan.
(B)Confidential information relating to tactical responses to criminal incidents, pursuant to paragraph (1) of subdivision (f) of Section 32281, shall not be included at the public meeting.
(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)The local mayor.
(B)A representative of the local school employee organization.
(C)A representative of each parent organization at the schoolsite, including the parent teacher association and parent teacher clubs.
(D)A representative of each teacher organization at the schoolsite.
(E)A representative of the student body government.
(F)All persons who have indicated they want to be notified.
(3)The schoolsite council or school safety planning committee is encouraged to notify, in writing, the following persons and entities, if available, of the public meeting:
(A)A representative of the local churches.
(B)Local civic leaders.
(C)Local business organizations.
SEC. 7.Section 32288.1 is added to the Education Code, to read:32288.1.(a)Each principal shall keep and maintain a copy of the most recent comprehensive school safety plan for that school and shall ensure that an updated copy of the comprehensive school safety plan, either written or electronic, shall be readily available to staff members, law enforcement, first responders, and the public.
(b)Each superintendent of a school district or county office of education shall keep and maintain a copy of the most recent comprehensive school safety plan filed pursuant to Section 32288 and a copy of every notification made pursuant to Section 32286.1.
SEC. 8.Section 47605 of the Education Code is amended to read:47605.(a)(1)Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district, as long as each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met:
(A)The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation.
(B)The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation.
(2)A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (b) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted.
(3)A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teachers signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(4)After receiving approval of its petition, a charter school that proposes to establish operations at one or more additional sites shall request a material revision to its charter and shall notify the authority that granted its charter of those additional locations. The authority that granted its charter shall consider whether to approve those additional locations at an open, public meeting. If the additional locations are approved, they shall be a material revision to the charter schools charter.
(5)A charter school that is unable to locate within the jurisdiction of the chartering school district may establish one site outside the boundaries of the school district, but within the county in which that school district is located, if the school district within the jurisdiction of which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools and the Superintendent are notified of the location of the charter school before it commences operations, and either of the following circumstances exists:
(A)The school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the school chooses to locate.
(B)The site is needed for temporary use during a construction or expansion project.
(6)Commencing January 1, 2003, a petition to establish a charter school may not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district.
(b)No later than 30 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the district, other employees of the district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 60 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:
(1)The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2)The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3)The petition does not contain the number of signatures required by subdivision (a).
(4)The petition does not contain an affirmation of each of the conditions described in subdivision (d).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)A description of the educational program of the school, designed, among other things, to identify those whom the school is attempting to educate, what it means to be an educated person in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii)A description, for the charter school, of annual goals, for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii)If the proposed school will serve high school pupils, a description of the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the A to G admissions criteria may be considered to meet college entrance requirements.
(B)The measurable pupil outcomes identified for use by the charter school. Pupil outcomes, for purposes of this part, means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the schools educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.
(C)The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D)The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement.
(E)The qualifications to be met by individuals to be employed by the school.
(F)The procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures shall include both of the following: require:
(i)A requirement that
(i)That each employee of the school furnish the school with a criminal record summary as described in Section 44237.
(ii)The development of a school safety plan, which shall include the topics listed in subparagraphs (A) to (I), (H), inclusive, of paragraph (2) of subdivision (a) of Section 32282, that is reviewed and updated by March 1 of every year by the school.
(G)The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.
(H)Admission requirements, if applicable.
(I)The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.
(J)The procedures by which pupils can be suspended or expelled.
(K)The manner by which staff members of the charter schools will be covered by the State Teachers Retirement System, the Public Employees Retirement System, or federal social security.
(L)The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.
(M)A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.
(N)The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.
(O)A declaration whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(P)A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
(c)(1)Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Sections 60605 and 60851 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2)Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the schools educational programs.
(d)(1)In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.
(2)(A)A charter school shall admit all pupils who wish to attend the school.
(B)If the number of pupils who wish to attend the charter school exceeds the schools capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
(3)If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupils last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(e)The governing board of a school district shall not require any employee of the school district to be employed in a charter school.
(f)The governing board of a school district shall not require any pupil enrolled in the school district to attend a charter school.
(g)The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the school, including, but not limited to, the facilities to be used by the school, the manner in which administrative services of the school are to be provided, and potential civil liability effects, if any, upon the school and upon the school district. The description of the facilities to be used by the charter school shall specify where the school intends to locate. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation.
(h)In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as it read before July 19, 2006.
(i)Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board.
(j)(1)If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The county board of education shall review the petition pursuant to subdivision (b). If the petitioner elects to submit a petition for establishment of a charter school to the county board of education and the county board of education denies the petition, the petitioner may file a petition for establishment of a charter school with the state board, and the state board may approve the petition, in accordance with subdivision (b). A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the entity to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate.
(2)In assuming its role as a chartering agency, the state board shall develop criteria to be used for the review and approval of charter school petitions presented to the state board. The criteria shall address all elements required for charter approval, as identified in subdivision (b) and shall define reasonably comprehensive as used in paragraph (5) of subdivision (b) in a way that is consistent with the intent of this part. Upon satisfactory completion of the criteria, the state board shall adopt the criteria on or before June 30, 2001.
(3)A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part.
(4)If either the county board of education or the state board fails to act on a petition within 120 days of receipt, the decision of the governing board of the school district to deny a petition shall, thereafter, be subject to judicial review.
(5)The state board shall adopt regulations implementing this subdivision.
(6)Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition to the department and the state board.
(k)(1)The state board may, by mutual agreement, designate its supervisorial and oversight responsibilities for a charter school approved by the state board to any local educational agency in the county in which the charter school is located or to the governing board of the school district that first denied the petition.
(2)The designated local educational agency shall have all monitoring and supervising authority of a chartering agency, including, but not limited to, powers and duties set forth in Section 47607, except the power of revocation, which shall remain with the state board.
(3)A charter school that is granted its charter through an appeal to the state board and elects to seek renewal of its charter shall, before expiration of the charter, submit its petition for renewal to the governing board of the school district that initially denied the charter. If the governing board of the school district denies the schools petition for renewal, the school may petition the state board for renewal of its charter.
(l)Teachers in charter schools shall hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. It is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses.
(m)A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering entity, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.
SEC. 9.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.
(a)It is the intent of the Legislature that all California public 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. 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, and education about, potential incidents involving crime and violence on the school campus.
(b)For purposes of Section Sections 32281 and 32282, principal includes the principals designee or administrator in charge of a school for charter schools without a principal.
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.
(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 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)This article does not 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)If 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, 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 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, an act considered a violent crime shall meet the definition of Section 67381 and is an act for which a pupil could or would be expelled pursuant to Section 48915.
(2)This subdivision does not 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 the 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)(A)Tactical responses to criminal incidents shall include procedures related to individuals with guns on school campuses and at school-related functions, including, but not limited to, training programs related to active shooters and other armed assailants. Training programs and drills functions. Drills to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. Schools shall consider the most cost-effective method of preparing students pupils and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. Regardless of the nature of the drills a school chooses, the school resource officer and school-employed mental health professionals shall be integrally involved in the planning and evaluation process to ensure appropriate implementation.
(B)As used in this subparagraph, active shooter means an individual who is actively engaged in killing or attempting to kill people in a confined and populated area.
(4)This subdivision does not preclude 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. A vote to approve the tactical response plan shall be announced in open session following the closed session.
(5)This subdivision does not 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 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 school district or county office of education shall cooperate with the public agency or nongovernmental organization 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. 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. 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.
(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, School/Law Enforcement Partnership Program, 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 and the report by the National Association of School Psychologists and the National Association of School Resource Officers on Best Practice Considerations for Schools in Active Shooter and Other Armed Assailant Drills 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, law enforcement, and school employees.
(e)
(d)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)
(e)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval under subdivision (a) of Section 32288.
SEC. 4.Section 32286 of the Education Code is amended to read:32286.(a)Each school shall adopt its comprehensive school safety plan by March 1, 2000, and shall review and update its plan by March 1 every 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)Commencing July 2000 and every year thereafter, the principal of each school shall accurately report on the status of the principals schools 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, the date the school safety plan was adopted and a description of the safety plans elements as set forth in Section 32282.
(c)Each school principal shall provide written or electronic notice to each teacher and classified employee of that school that the adopted school safety plan is readily available for inspection.
SEC. 5.Section 32286.1 is added to the Education Code, to read:32286.1.No later than October 15, 2016, and each year thereafter, each superintendent of a school district and county office of education shall provide written notification to the Superintendent certifying that each school within the school district and county has complied with Section 32281 or subdivision (b) of Section 32286 for that school year.
SEC. 6.Section 32288 of the Education Code is amended to read:32288.(a)In order to ensure compliance with this article, each school shall forward its comprehensive school safety plan to the school district or the county office of education for approval.
(b)(1) (A) Before adopting its comprehensive school safety plan, the schoolsite council or school safety planning committee shall hold a public meeting at the schoolsite in order to allow members of the public the opportunity to express an opinion about the school safety plan.
(B)Confidential information relating to tactical responses to criminal incidents, pursuant to paragraph (1) of subdivision (f) of Section 32281, shall not be included at the public meeting.
(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)The local mayor.
(B)A representative of the local school employee organization.
(C)A representative of each parent organization at the schoolsite, including the parent teacher association and parent teacher clubs.
(D)A representative of each teacher organization at the schoolsite.
(E)A representative of the student body government.
(F)All persons who have indicated they want to be notified.
(3)The schoolsite council or school safety planning committee is encouraged to notify, in writing, the following persons and entities, if available, of the public meeting:
(A)A representative of the local churches.
(B)Local civic leaders.
(C)Local business organizations.
SEC. 7.Section 32288.1 is added to the Education Code, to read:32288.1.(a)Each principal shall keep and maintain a copy of the most recent comprehensive school safety plan for that school. school and shall ensure that an updated copy of the comprehensive school safety plan, either written or electronic, shall be readily available to staff members, law enforcement, first responders, and the public.
(b)Each superintendent of a school district or county office of education shall keep and maintain a copy of the most recent comprehensive school safety plan filed pursuant to Section 32288 and a copy of every notification made pursuant to Section 32286.1.
(c)(1)All books, documents, records, and other papers kept and maintained pursuant to subdivisions (a) and (b) shall be open for inspection and copying, during business hours at a district office or during school hours at a school, on business days, excluding legal holidays, within 48 hours of a written, verbal, or electronic request by a law enforcement agency described in Section 32280.
(2)An electronic version of a book, document, record, or other paper shall be sufficient to satisfy the requirements of paragraph (1).
SEC. 8.Section 32289 of the Education Code, as added by Section 1 of Chapter 272 of the Statutes of 2004, is repealed.SEC. 9.Section 32289.5 is added to the Education Code, to read:32289.5.The department shall monitor compliance with this article using an existing monitoring framework.
SEC. 10.SEC. 8.Section 47605 of the Education Code is amended to read:47605.(a)(1)Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district, as long as each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met:
(A)The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation.
(B)The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation.
(2)A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (b) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted.
(3)A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teachers signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(4)After receiving approval of its petition, a charter school that proposes to establish operations at one or more additional sites shall request a material revision to its charter and shall notify the authority that granted its charter of those additional locations. The authority that granted its charter shall consider whether to approve those additional locations at an open, public meeting. If the additional locations are approved, they shall be a material revision to the charter schools charter.
(5)A charter school that is unable to locate within the jurisdiction of the chartering school district may establish one site outside the boundaries of the school district, but within the county in which that school district is located, if the school district within the jurisdiction of which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools and the Superintendent are notified of the location of the charter school before it commences operations, and either of the following circumstances exists:
(A)The school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the school chooses to locate.
(B)The site is needed for temporary use during a construction or expansion project.
(6)Commencing January 1, 2003, a petition to establish a charter school may not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district.
(b)No later than 30 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the district, other employees of the district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 60 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:
(1)The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2)The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3)The petition does not contain the number of signatures required by subdivision (a).
(4)The petition does not contain an affirmation of each of the conditions described in subdivision (d).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)A description of the educational program of the school, designed, among other things, to identify those whom the school is attempting to educate, what it means to be an educated person in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii)A description, for the charter school, of annual goals, for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii)If the proposed school will serve high school pupils, a description of the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the A to G admissions criteria may be considered to meet college entrance requirements.
(B)The measurable pupil outcomes identified for use by the charter school. Pupil outcomes, for purposes of this part, means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the schools educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.
(C)The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D)The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement.
(E)The qualifications to be met by individuals to be employed by the school.
(F)The procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures shall include both of the following:
(i)A requirement that each employee of the school furnish the school with a criminal record summary as described in Section 44237.
(ii)The development of a school safety plan, which shall include the topics listed in subparagraphs (A) to (I), inclusive, of paragraph (2) of subdivision (a) of Section 32282, that is reviewed and updated by March 1 of every year by the school.
(G)The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.
(H)Admission requirements, if applicable.
(I)The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.
(J)The procedures by which pupils can be suspended or expelled.
(K)The manner by which staff members of the charter schools will be covered by the State Teachers Retirement System, the Public Employees Retirement System, or federal social security.
(L)The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.
(M)A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.
(N)The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.
(O)A declaration whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(P)A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
(c)(1)Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Sections 60605 and 60851 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2)Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the schools educational programs.
(d)(1)In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.
(2)(A)A charter school shall admit all pupils who wish to attend the school.
(B)If the number of pupils who wish to attend the charter school exceeds the schools capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
(3)If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupils last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(e)The governing board of a school district shall not require any employee of the school district to be employed in a charter school.
(f)The governing board of a school district shall not require any pupil enrolled in the school district to attend a charter school.
(g)The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the school, including, but not limited to, the facilities to be used by the school, the manner in which administrative services of the school are to be provided, and potential civil liability effects, if any, upon the school and upon the school district. The description of the facilities to be used by the charter school shall specify where the school intends to locate. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation.
(h)In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as it read before July 19, 2006.
(i)Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board.
(j)(1)If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The county board of education shall review the petition pursuant to subdivision (b). If the petitioner elects to submit a petition for establishment of a charter school to the county board of education and the county board of education denies the petition, the petitioner may file a petition for establishment of a charter school with the state board, and the state board may approve the petition, in accordance with subdivision (b). A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the entity to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate.
(2)In assuming its role as a chartering agency, the state board shall develop criteria to be used for the review and approval of charter school petitions presented to the state board. The criteria shall address all elements required for charter approval, as identified in subdivision (b) and shall define reasonably comprehensive as used in paragraph (5) of subdivision (b) in a way that is consistent with the intent of this part. Upon satisfactory completion of the criteria, the state board shall adopt the criteria on or before June 30, 2001.
(3)A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part.
(4)If either the county board of education or the state board fails to act on a petition within 120 days of receipt, the decision of the governing board of the school district to deny a petition shall, thereafter, be subject to judicial review.
(5)The state board shall adopt regulations implementing this subdivision.
(6)Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition to the department and the state board.
(k)(1)The state board may, by mutual agreement, designate its supervisorial and oversight responsibilities for a charter school approved by the state board to any local educational agency in the county in which the charter school is located or to the governing board of the school district that first denied the petition.
(2)The designated local educational agency shall have all monitoring and supervising authority of a chartering agency, including, but not limited to, powers and duties set forth in Section 47607, except the power of revocation, which shall remain with the state board.
(3)A charter school that is granted its charter through an appeal to the state board and elects to seek renewal of its charter shall, before expiration of the charter, submit its petition for renewal to the governing board of the school district that initially denied the charter. If the governing board of the school district denies the schools petition for renewal, the school may petition the state board for renewal of its charter.
(l)Teachers in charter schools shall hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. It is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses.
(m)A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering entity, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.
SEC. 11.SEC. 9.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.
(a)It is the intent of the Legislature that all California public 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. 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, and education about, potential incidents involving crime and violence on the school campus.
(b)For purposes of Section 32281 and 32282, principal includes the principals designee or administrator in charge of a school for charter schools without a principal.
SECTION 1.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)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)This article does not 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)If a principal or the principals 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 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 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, an act considered a violent crime shall meet the definition of Section 67381 and is an act for which a pupil could or would be expelled pursuant to Section 48915.
(2)This subdivision does not 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 the 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)(A)Tactical responses to criminal incidents shall include procedures related to individuals with guns on school campuses and at school-related functions, including, but not limited to, training programs related to active shooters and other armed assailants. Training programs and drills to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. Schools shall consider the most cost-effective method of preparing students and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. Regardless of the nature of the drills a school chooses, the school resource officer and school-employed mental health professionals shall be integrally involved in the planning and evaluation process to ensure appropriate implementation.
(B)As used in this subparagraph, active shooter means an individual who is actively engaged in killing or attempting to kill people in a confined and populated area.
(3)
(4)This subdivision does not preclude 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. A vote to approve the tactical response plan shall be announced in open session following the closed session.
(4)
(5)This subdivision does not reduce or eliminate the requirements of Section 32282.
SEC. 2.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 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 school district or county office of education shall cooperate with the public agency or nongovernmental organization 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. 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 person designated by the principal. school. 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)(i)Procedures related to individuals with guns on school campuses and at school-related functions, including, but not limited to, training programs related to active shooters and other armed assailants. Training programs and drills to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. Schools shall consider the most cost-effective method of preparing students and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. Regardless of the nature of the drills a school chooses, the school resource officer and school-employed mental health professionals shall be integrally involved in the planning and evaluation process to ensure appropriate implementation.
(ii)As used in this subparagraph, active shooter means an individual who is actively engaged in killing or attempting to kill people in a confined and populated area.
(J)
(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 and the report by the National Association of School Psychologists and the National Association of School Resource Officers on Best Practice Considerations for Schools in Active Shooter and Other Armed Assailant Drills 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, law enforcement, and school employees.
(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 under subdivision (a) of Section 32288.
SEC. 3.SEC. 4.Section 32286 of the Education Code is amended to read:32286.(a)Each school shall adopt its comprehensive school safety plan by March 1, 2000, and shall review and update its plan by March 1 every 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)Commencing July 2000 and every year thereafter, the principal of each school shall accurately report on the status of the principals schools 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, the date the school safety plan was adopted and a description of the safety plans elements as set forth in Section 32282.
(c)Each school principal shall provide written or electronic notice to each teacher and classified employee of that school that the adopted school safety plan is readily available for inspection.
SEC. 4.SEC. 5.Section 32286.1 is added to the Education Code, to read:32286.1.No later than October 15, 2016, and each year thereafter, each superintendent of a school district and county office of education shall provide written notification to the Superintendent identifying certifying that each school within the school district and county that has not complied with Section 32281 or subdivision (b) of Section 32286 for that school year.
SEC. 5.SEC. 6.Section 32288 of the Education Code is amended to read:32288.(a)In order to ensure compliance with this article, each school shall forward its comprehensive school safety plan to the school district or the county office of education for approval.
(b)(1) (A) Before adopting its comprehensive school safety plan, the schoolsite council or school safety planning committee shall hold a public meeting at the schoolsite in order to allow members of the public the opportunity to express an opinion about the school safety plan.
(B)Confidential information relating to tactical responses to criminal incidents, pursuant to paragraph (1) of subdivision (f) of Section 32281, shall not be included at the public meeting.
(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)The local mayor.
(B)A representative of the local school employee organization.
(C)A representative of each parent organization at the schoolsite, including the parent teacher association and parent teacher clubs.
(D)A representative of each teacher organization at the schoolsite.
(E)A representative of the student body government.
(F)All persons who have indicated they want to be notified.
(3)The schoolsite council or school safety planning committee is encouraged to notify, in writing, the following persons and entities, if available, of the public meeting:
(A)A representative of the local churches.
(B)Local civic leaders.
(C)Local business organizations.
SEC. 6.SEC. 7.Section 32288.1 is added to the Education Code, to read:32288.1.(a)Each 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 shall keep and maintain a copy of the most recent comprehensive school safety plan filed pursuant to Section 32288 and a copy of every notification made pursuant to Section 32286.1.
(c)(1)All books, documents, records, and other papers kept and maintained pursuant to subdivisions (a) and (b) shall be open for inspection and copying, during business hours at a district office or during school hours at a school, on business days, excluding legal holidays, within 48 hours of a written, verbal, or electronic request by a law enforcement agency described in Section 32280.
(2)An electronic version of a book, document, record, or other paper shall be sufficient to satisfy the requirements of paragraph (1).
SEC. 7.SEC. 8.Section 32289 of the Education Code, as added by Section 1 of Chapter 272 of the Statutes of 2004, is repealed.SEC. 8.SEC. 9.Section 32289.5 is added to the Education Code, to read:32289.5.The department shall monitor compliance with this article using an existing monitoring framework.
SEC. 10.Section 47605 of the Education Code is amended to read:47605.(a)(1)Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district, as long as each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met:
(A)The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation.
(B)The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation.
(2)A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (b) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted.
(3)A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having his or her child or ward attend the charter school, or in the case of a teachers signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition.
(4)After receiving approval of its petition, a charter school that proposes to establish operations at one or more additional sites shall request a material revision to its charter and shall notify the authority that granted its charter of those additional locations. The authority that granted its charter shall consider whether to approve those additional locations at an open, public meeting. If the additional locations are approved, they shall be a material revision to the charter schools charter.
(5)A charter school that is unable to locate within the jurisdiction of the chartering school district may establish one site outside the boundaries of the school district, but within the county in which that school district is located, if the school district within the jurisdiction of which the charter school proposes to operate is notified in advance of the charter petition approval, the county superintendent of schools and the Superintendent are notified of the location of the charter school before it commences operations, and either of the following circumstances exists:
(A)The school has attempted to locate a single site or facility to house the entire program, but a site or facility is unavailable in the area in which the school chooses to locate.
(B)The site is needed for temporary use during a construction or expansion project.
(6)Commencing January 1, 2003, a petition to establish a charter school may not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district.
(b)No later than 30 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the district, other employees of the district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 60 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:
(1)The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.
(2)The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.
(3)The petition does not contain the number of signatures required by subdivision (a).
(4)The petition does not contain an affirmation of each of the conditions described in subdivision (d).
(5)The petition does not contain reasonably comprehensive descriptions of all of the following:
(A)(i)A description of the educational program of the school, designed, among other things, to identify those whom the school is attempting to educate, what it means to be an educated person in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.
(ii)A description, for the charter school, of annual goals, for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.
(iii)If the proposed school will serve high school pupils, a description of the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the A to G admissions criteria may be considered to meet college entrance requirements.
(B)The measurable pupil outcomes identified for use by the charter school. Pupil outcomes, for purposes of this part, means the extent to which all pupils of the school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the schools educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.
(C)The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.
(D)The governance structure of the school, including, but not limited to, the process to be followed by the school to ensure parental involvement.
(E)The qualifications to be met by individuals to be employed by the school.
(F)The procedures that the school will follow to ensure the health and safety of pupils and staff. These procedures shall include the requirement that each employee of the school furnish the school with a criminal record summary as described in Section 44237. both of the following:
(i)A requirement that each employee of the school furnish the school with a criminal record summary as described in Section 44237.
(ii)The development of a school safety plan, which shall include the topics listed in subparagraphs (A) to (I), inclusive, of paragraph (2) of subdivision (a) of Section 32282, that is reviewed and updated by March 1 of every year by the school.
(G)The means by which the school will achieve a racial and ethnic balance among its pupils that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted.
(H)Admission requirements, if applicable.
(I)The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority.
(J)The procedures by which pupils can be suspended or expelled.
(K)The manner by which staff members of the charter schools will be covered by the State Teachers Retirement System, the Public Employees Retirement System, or federal social security.
(L)The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools.
(M)A description of the rights of any employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school.
(N)The procedures to be followed by the charter school and the entity granting the charter to resolve disputes relating to provisions of the charter.
(O)A declaration whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.
(P)A description of the procedures to be used if the charter school closes. The procedures shall ensure a final audit of the school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records.
(c)(1)Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Sections 60605 and 60851 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools.
(2)Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the schools educational programs.
(d)(1)In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of his or her parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school.
(2)(A)A charter school shall admit all pupils who wish to attend the school.
(B)If the number of pupils who wish to attend the charter school exceeds the schools capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the district except as provided for in Section 47614.5. Other preferences may be permitted by the chartering authority on an individual school basis and only if consistent with the law.
(C)In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand.
(3)If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupils last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including a transcript of grades or report card, and health information. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200.
(e)The governing board of a school district shall not require any employee of the school district to be employed in a charter school.
(f)The governing board of a school district shall not require any pupil enrolled in the school district to attend a charter school.
(g)The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the school, including, but not limited to, the facilities to be used by the school, the manner in which administrative services of the school are to be provided, and potential civil liability effects, if any, upon the school and upon the school district. The description of the facilities to be used by the charter school shall specify where the school intends to locate. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation.
(h)In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as it read before July 19, 2006.
(i)Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board.
(j)(1)If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The county board of education shall review the petition pursuant to subdivision (b). If the petitioner elects to submit a petition for establishment of a charter school to the county board of education and the county board of education denies the petition, the petitioner may file a petition for establishment of a charter school with the state board, and the state board may approve the petition, in accordance with subdivision (b). A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the entity to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate.
(2)In assuming its role as a chartering agency, the state board shall develop criteria to be used for the review and approval of charter school petitions presented to the state board. The criteria shall address all elements required for charter approval, as identified in subdivision (b) and shall define reasonably comprehensive as used in paragraph (5) of subdivision (b) in a way that is consistent with the intent of this part. Upon satisfactory completion of the criteria, the state board shall adopt the criteria on or before June 30, 2001.
(3)A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part.
(4)If either the county board of education or the state board fails to act on a petition within 120 days of receipt, the decision of the governing board of the school district to deny a petition shall, thereafter, be subject to judicial review.
(5)The state board shall adopt regulations implementing this subdivision.
(6)Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition to the department and the state board.
(k)(1)The state board may, by mutual agreement, designate its supervisorial and oversight responsibilities for a charter school approved by the state board to any local educational agency in the county in which the charter school is located or to the governing board of the school district that first denied the petition.
(2)The designated local educational agency shall have all monitoring and supervising authority of a chartering agency, including, but not limited to, powers and duties set forth in Section 47607, except the power of revocation, which shall remain with the state board.
(3)A charter school that is granted its charter through an appeal to the state board and elects to seek renewal of its charter shall, before expiration of the charter, submit its petition for renewal to the governing board of the school district that initially denied the charter. If the governing board of the school district denies the schools petition for renewal, the school may petition the state board for renewal of its charter.
(l)Teachers in charter schools shall hold a Commission on Teacher Credentialing certificate, permit, or other document equivalent to that which a teacher in other public schools would be required to hold. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. It is the intent of the Legislature that charter schools be given flexibility with regard to noncore, noncollege preparatory courses.
(m)A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to its chartering entity, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering entity, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering entity pursuant to Section 41020.
SEC. 9.SEC. 11.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.
(a) It is the intent of the Legislature that all California public 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 purposes of this article, law enforcement agencies include local police 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 article, 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 principals designee.
SEC. 2.SECTION 1.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)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 This article does not 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)If a principal or the principals 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 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 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, an act considered a violent crime means a Part 1 violent crime as defined in paragraph (2) of subdivision (i) shall meet the definition of Section 67381 and is an act for which a pupil could or would be expelled pursuant to Section 48915.
(2)Nothing in this This subdivision shall does not 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 the 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 This subdivision precludes does not preclude 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 A vote to approve the tactical response plan shall be announced in open session following the closed session.
(4)Nothing in this This subdivision shall be construed to does not reduce or eliminate the requirements of Section 32282.
SEC. 3.SEC. 2.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 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 school district or county office of education shall cooperate with the public agency or nongovernmental organization 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. 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 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)(i)Procedures related to individuals with guns on school campuses and at school-related functions, including, but not limited to, training programs related to active shooters and active terrorists, based on drill and exercise guidelines developed by the National Association of School Psychologists other armed assailants. Training programs and drills to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. Schools shall consider the most cost-effective method of preparing students and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. Regardless of the nature of the drills a school chooses, the school resource officer and school-employed mental health professionals shall be integrally involved in the planning and evaluation process to ensure appropriate implementation.
(ii)As used in this subparagraph, active shooter means an individual who is actively engaged in killing or attempting to kill people in a confined and populated area.
(J)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 and the report by the National Association of School Psychologists and the National Association of School Resource Officers on Best Practice Considerations for Schools in Active Shooter and Other Armed Assailant Drills 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 by March 1, 2016, and every third year thereafter, 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, law enforcement, and school employees.
(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 under subdivision (a) of Section 32288.
SEC. 4.SEC. 3.Section 32286 of the Education Code is amended to read:32286.(a)Each school shall adopt its comprehensive school safety plan by March 1, 2016 2000, and shall review and update its plan by March 1 of every third 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 of every third year thereafter. This subdivision does not limit a school from updating its comprehensive school safety plan prior to every third year.
(b)No later than Commencing July 31, 2016, and 2000 and every year thereafter, the principal of each school shall accurately report on the status of the principals schools 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, the date the school safety plan was adopted and a description of the safety plans elements as set forth in Section 32282.
(c)Each school principal shall provide written or electronic notice to each teacher and classified employee of that school that the adopted school safety plan is readily available for inspection.
SEC. 5.SEC. 4.Section 32286.1 is added to the Education Code, to read:32286.1.No later than October 15, 2016, and every third year thereafter, 2016, and each year thereafter, each superintendent of a school district or county office of education shall provide written notification to the Superintendent identifying each school within the school district or county that has not complied with Section 32281 or subdivision (b) of Section 32286 for that school year.
SEC. 6.SEC. 5.Section 32288 of the Education Code is amended to read:32288.(a)In order to ensure compliance with this article, each school shall forward its comprehensive school safety plan to the school district or county office of education for approval.
(b)(1) (A) Before adopting its comprehensive school safety plan, the schoolsite council or school safety planning committee shall hold a public meeting at the schoolsite in order to allow members of the public the opportunity to express an opinion about the school safety plan.
(B)Confidential information relating to tactical responses to criminal incidents, pursuant to paragraph (1) of subdivision (f) of Section 32281, shall not be included at the public meeting.
(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)The local mayor.
(B)A representative of the local school employee organization.
(C)A representative of each parent organization at the schoolsite, including the parent teacher association and parent teacher clubs.
(D)A representative of each teacher organization at the schoolsite.
(E)A representative of the student body government.
(F)All persons who have indicated they want to be notified.
(3)The schoolsite council or school safety planning committee is encouraged to notify, in writing, the following persons and entities, if available, of the public meeting:
(A)A representative of the local churches.
(B)Local civic leaders.
(C)Local business organizations.
SEC. 7.SEC. 6.Section 32288.1 is added to the Education Code, to read:32288.1.(a)Each 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 shall keep and maintain a copy of the most recent comprehensive school safety plan filed pursuant to Section 32288 and a copy of every notification made pursuant to Section 32286.1.
(c)(1)All books, documents, records, and other papers kept and maintained pursuant to subdivisions (a) and (b) shall be open for inspection and copying, during business hours at a district office or during school hours at a school, on business days, excluding legal holidays, within 48 hours of a written, verbal, or electronic request by a law enforcement agency described in Section 32280.
(2)An electronic version of a book, document, record, or other paper shall be sufficient to satisfy the requirements of paragraph (1).
SEC. 8.SEC. 7.Section 32289 of the Education Code, as added by Section 1 of Chapter 272 of the Statutes of 2004, is repealed.SEC. 9.SEC. 8.Section 32289.5 is added to the Education Code, to read:32289.5.The department shall monitor compliance with this article using an existing monitoring framework.
SEC. 10.SEC. 9.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.
(a) It is the intent of the Legislature that all California public 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. 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, and education about, potential incidents involving crime and violence on the school campus.
(b)(1)For purposes of this article, law enforcement agencies include local police 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 article, 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 principals 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 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. 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 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 If 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 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, an act that is considered a violent crime shall meet the definition means a Part 1 violent crime as defined in paragraph (2) of subdivision (i) of Section 67381 and be is 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 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, 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 school district or county office of education shall cooperate with the public agency or nongovernmental organization 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. 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 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)Procedures related to individuals with guns on school campuses and at school-related functions, including, but not limited to, training programs related to active shooters and active terrorists, based on drill and exercise guidelines developed by the National Association of School Psychologists.
(I)
(J)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)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, by March 1, 2016, and every third year thereafter, 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 law enforcement and school employees.
(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 under subdivision (a) of Section 32288.
SEC. 4.Section 32286 of the Education Code is amended to read:32286.(a)Each school shall adopt its comprehensive school safety plan by March 1, 2000, 2016, and shall review and update its plan by March 1, 1 of every third 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, 1 of every third year thereafter. This subdivision does not limit a school from updating its comprehensive school safety plan prior to every third year.
(b)Commencing in No later than July 2000, 31, 2016, and every July year thereafter, each school the principal shall accurately report on the status of its school the schools safety plan, 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, the date the school safety plan was adopted and a description of the safety plans elements as set forth in Section 32282.
(c)Each school principal shall provide written or electronic notice to each teacher and classified employee of that school that the adopted school safety plan is readily available for inspection.
SEC. 5.Section 32286.1 is added to the Education Code, to read:32286.1.No later than October 15, 2016, and every third year thereafter, each superintendent of a school district or county office of education shall provide written notification to the Superintendent identifying each school within the school district or county that has not complied with Section 32281 or subdivision (b) of Section 32286 for that school year.
SEC. 6.Section 32288 of the Education Code is amended to read:32288.(a)In order to ensure compliance with this article, each school shall forward its comprehensive school safety plan to the school district or county office of education for approval.
(b)(1) (A) Before adopting its comprehensive school safety plan, the schoolsite council or school safety planning committee shall hold a public meeting at the schoolsite in order to allow members of the public the opportunity to express an opinion about the school safety plan.
(B)Confidential information relating to tactical responses to criminal incidents, pursuant to paragraph (1) of subdivision (f) of Section 32281, shall not be included at the public meeting.
(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)The local mayor.
(B)A representative of the local school employee organization.
(C)A representative of each parent organization at the schoolsite, including the parent teacher association and parent teacher clubs.
(D)A representative of each teacher organization at the schoolsite.
(E)A representative of the student body government.
(F)All persons who have indicated they want to be notified.
(3)The schoolsite council or school safety planning committee is encouraged to notify, in writing, the following persons and entities, if available, of the public meeting:
(A)A representative of the local churches.
(B)Local civic leaders.
(C)Local business organizations.
(c)In order to ensure compliance with this article, each school district or county office of education shall annually notify the State Department of Education by October 15 of any schools that have not complied with Section 32281.
SEC. 7.Section 32288.1 is added to the Education Code, to read:32288.1.(a)Each 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 shall keep and maintain a copy of the most recent comprehensive school safety plan filed pursuant to Section 32288 and a copy of every notification made pursuant to Section 32286.1.
(c)(1)All books, documents, records, and other papers kept and maintained pursuant to subdivisions (a) and (b) shall be open for inspection and copying, during business hours at a district office or during school hours at a school, on business days, excluding legal holidays, within 48 hours of a written, verbal, or electronic request by a law enforcement agency described in Section 32280.
(2)An electronic version of a book, document, record, or other paper shall be sufficient to satisfy the requirements of paragraph (1).
SEC. 8.Section 32289 of the Education Code, as added by Section 1 of Chapter 272 of the Statutes of 2004, is repealed.32289.A complaint of noncompliance with the school safety planning 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 under the Uniform Complaint Procedures as set forth in Chapter 5.1 (commencing with Section 4600) of Title 5 of the California Code of Regulations.
SEC. 9.Section 32289.5 is added to the Education Code, to read:32289.5.The department shall monitor compliance with this article using an existing monitoring framework.
SEC. 10.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.
|
Date
|
Status
|
|---|---|
| May 28, 2015 | From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28). |
| Aug 27, 2015 | In committee: Held under submission. |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Jul 9, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 8, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 1). |
| Jun 11, 2015 | Referred to Com. on ED. |
| Jun 2, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1792.) |
| Jun 2, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 1, 2015 | Read second time. Ordered to third reading. |
| May 28, 2015 | Read second time and amended. Ordered returned to second reading. |
| Dec 2, 2014 | Introduced. To print. |
| Apr 29, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 21, 2015 | Re-referred to Com. on APPR. |
| Apr 20, 2015 | Read second time and amended. |
| Apr 16, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 8). |
| Apr 6, 2015 | Re-referred to Com. on ED. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Jan 22, 2015 | Referred to Com. on ED. |
| Jan 5, 2015 | Read first time. |
| Dec 3, 2014 | From printer. May be heard in committee January 2. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 1, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Jun 2, 2015 | AB 58 RODRIGUEZ Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 8, 2015 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: 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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Federation of State, County and Municipal Employees | ** Support | Aug 17, 2015 |
| American Red Cross | ** Support | Aug 17, 2015 |
| California State PTA | ** Support | Aug 17, 2015 |
| Liuna Local 777 | ** Support | Aug 17, 2015 |
| u None received. | ** Against | Aug 17, 2015 |
AB 58 (Rodriguez) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 58 (Rodriguez) - School safety plans.
|
|
Version: July 9, 2015 |
Policy Vote: ED. 7 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 17, 2015 |
Consultant: Jillian Kissee |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
This bill requires charter school petitions to include the development of a school safety plan, and makes other changes to the development, reporting, and other compliance requirements related to the plan.
Fiscal Impact:
Potential new requirements for school safety plans: Potentially significant costs to expand the scope of the existing comprehensive school safety plan reimbursable mandate for which the state paid in excess of $3 million, annually before it was included in the mandate block grant. Costs would be dependent upon the Commission on State Mandate’s interpretation of whether this bill constitutes a reimbursable state mandate. If determined to be a mandate, this could create pressure to increase the K-12 Mandate Block Grant to reflect its inclusion. (Proposition 98)
Unknown, potentially significant reimbursable state mandate costs for school districts and county offices of education due to increased oversight responsibilities related to the inclusion of school safety plans in charter petitions. (Proposition 98)
The California Department of Education (CDE) anticipates any costs related to implementing this bill would be minor and absorbable.
Background:
Existing law requires each school district and county office of education (COE) to be responsible for the overall development of all comprehensive school safety plans for its schools. The school site council is required to write and develop a comprehensive school safety plan relevant to the needs and resources of that school. School districts and COEs, in consultation with law enforcement, are authorized to elect to write portions of the school safety plan, instead of school site councils, that include tactical responses to criminal incidents. (EC § 32281)
Existing law requires the comprehensive school safety plan to include, among other things: (1) an assessment of the current status of school crime committed on school campuses and at school-related functions, and (2) identification of appropriate strategies and programs that will provide or maintain a high level of school safety and address detail procedures for complying with existing laws and maintaining a safe and orderly environment conducive to learning. The comprehensive school safety plan is required to be evaluated at least once a year. (EC § 32282)
Existing law exempts charter schools from most provisions of the Education Code, including the requirement to develop school safety plans. Instead, charter petitions must include the procedures that the school will follow to ensure the health and safety of students and staff, and the procedures by which students can be suspended or expelled. This bill requires a charter school petition to include the development of a school safety plan.
Proposed Law:
This bill makes the following changes to school safety plans:
Requires a charter petition to include the development of a school safety plan, as specified, in its description of procedures that the school will follow to ensure the health and safety of students and staff.
Specifies that “tactical responses to criminal incidents” include procedures related to individuals with guns on school campuses and at school-related functions. It also states that drills related to these incidences must be based on the needs and context of each school and community; requires that schools consider the most cost-effective method of preparing students and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills; and requires the school resource officer and school-employed mental health professionals be involved in the planning and evaluation process to ensure appropriate implementation.
Provides Legislative intent that schools use a report in developing their school safety plan regarding best practices for active shooter and other armed assailant drills.
Requires each superintendent of a school district and COE to provide written notification to the CDE certifying that each of its schools has complied with the development of the plan or reporting on the status of the plan, as specified. Current law requires reporting of schools that are out of compliance.
Requires principals and superintendent of school districts to keep copies of the most recent comprehensive school safety plan and ensure that an updated copy be readily available to specified entities, including the public.
Modifies the requirement that each school annually report on the status of its school safety plan in the school accountability report card, to specify that the report is to be accurate, be for the upcoming school year, and include the date the school safety plan was adopted and a description of the plan’s elements.
Related Legislation:
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. AB 1264 was pending in the Senate Education Committee, but was never heard.
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, among other things, comprehensive school safety plans to include procedures for conducting school safety drills. SB 634 was held in this Committee.
Staff Comments:
Charter school petitions are currently required to include “a reasonably comprehensive description of the procedures that the school will follow to ensure the health and safety of pupils and staff.” This bill adds, as part of that requirement, that a charter school petition specifically include a comprehensive school safety plan that adheres to the requirements of this bill. To the extent charter schools either do not have a school safety plan, if this bill is enacted, charter schools will likely incur significant costs to modify or create a plan as prescribed. However, charter schools have been determined by the Commission on State Mandates to be ineligible to claim reimbursements for state mandates.
State costs could be incurred to the extent charter authorizers experience a significant increase in workload related to ensuring compliance of the incremental component required to be in the charter petition and file successful mandate claims for state reimbursement. In addition, school districts or COEs could submit claims for training staff on the new law.
This bill also specifies that “tactical responses to criminal incidents” include procedures related to individuals with guns on school campuses and at school-related functions. It also states that drills related to these incidents must be based on the needs and context of each school and community; requires that schools consider (but not select) the most cost-effective method of preparing students and staff for an active shooter situation; and requires the school resource officer and school-employed mental health professionals be involved in the planning and evaluation process to ensure appropriate implementation. Existing law does not explicitly require school safety plans to include “tactical responses to criminal incidents.” However, there seems to be an implied intent that these elements be developed and included in the safety plans in which case they could be determined reimbursable under state mandate law.
In the existing comprehensive school safety plan, the Commission on State Mandates determined that implementation of the plan is not mandated by the state and, therefore, not reimbursable.
-- END --
AB 58 (Rodriguez) Page 6 of 6
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 58
Author: |
Rodriguez |
||
Version: |
May 28, 2015 Hearing Date: July 1, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Lynn Lorber |
||
Subject: School safety plans
SUMMARY
This bill requires 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.
BACKGROUND
Existing
law:
Authorizes a petition for the establishment of a charter school to be submitted to the governing board of the school district for review after specified conditions are met. The governing board of the school district is prohibited from denying a petition for the establishment of a charter school unless it makes written factual findings setting forth specific facts to support specific findings, including the procedures that the school will follow to ensure the health and safety of students and staff.
(Education Code § 47605)
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)
Authorizes the portions of a school safety plan that include tactical responses to criminal incidents to be developed by school district or county office administrators in consultation with law enforcement officials and with a representative of the employee bargaining unit, if he or she chooses to participate. The school district or county office may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents. (EC § 32281)
Defines “tactical responses to criminal incidents” as steps taken to safeguard students and staff, to secure the affected school premises, and to apprehend the criminal perpetrator(s). (EC § 32281)
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 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. Specifically, this bill:
Expands the required components of a charter school petition related to procedures to ensure the health and safety of students and staff to include the development of a school safety plan, which includes all nine topics required for traditional schools that is reviewed and updated by March 1 of every year.
Requires tactical responses to criminal incidents to include procedures related to individuals with guns on school campuses and at school-related functions. Drills to prepare for active shooters or other armed assailants must be based on the specific needs and context of each school and community. Schools must consider the most cost-effective method of preparing students and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. Regardless of the nature of the drills a school chooses, the school resource officer and school-employed mental health professional must be integrally involved in the planning and evaluation process to ensure appropriate implementation.
Prohibits confidential information relating to tactical responses to criminal incidents from being included at the public meeting that is required to occur before a school district or county office of education adopts a school safety plan.
Requires each superintendent of a school district and superintendent of a county office of education, no later than October 15, 2016, and annually thereafter, to provide written notification to the SPI certifying that each school within the district or county has complied with the requirements to develop a school safety plan and to report on the status of plans. Deletes the existing requirement that districts and county offices annually notify the California Department of Education (CDE) of any schools that have not complied with the requirement to develop a school safety plan.
Requires each principal to keep and maintain a copy of the most recent comprehensive school safety plan for that school and ensure that an updated copy of the plan, either written or electronic, is readily available to staff members, law enforcement, first responders, and the public. Requires each superintendent of a school district or county office of education to keep and maintain a copy of the most recent school safety plan and a copy of every notification of compliance.
Modifies the requirement that each school annually report on the status of its school safety plan in the school accountability report card, to specify that the report is to be accurate, be for the upcoming school year, and include the date the school safety plan was adopted and a description of the plan’s elements.
Deletes an existing requirement that school safety plans be evaluated at least once a year, but leaves intact a separate requirement that each school review and update its school safety plan annually by March 1.
Defines “active shooter” as an individual who is actively engaged in killing or attempting to kill people in a confined and populated area.
Strikes references to the “principal’s designee” and establishes a definition of “principal” to include the principal’s designee or administrator in charge of a school for charter schools without a principal.
Expands Legislative intent regarding the use of handbooks by schools to add the report by the National Association of School Psychologists and the National Association of School Resource Officers on “Best Practice Considerations for Schools in Active Shooter and Other Armed Assailant Drills.”
STAFF
COMMENTS
Need for the bill. According to the author, “Lessons learned from school emergencies highlight the importance of preparing school officials and first responders to implement emergency operations plans. By having plans and procedures in place to keep students and staff safe, schools play a key role in taking preventative and protective measures to stop emergencies from occurring or reduce the impact of an incident.”
Charter schools. Existing law exempts charter schools from most provisions of the Education Code, including the requirement to develop school safety plans. Instead, charter petitions must include the procedures that the school will follow to ensure the health and safety of students and staff, and the procedures by which students can be suspended or expelled. This bill requires a charter school petition to include the development of a school safety plan, which must encompass the nine topics required to be included in comprehensive school safety plans.
Prior legislation required charter school petitions to include a school safety plan including eight of the nine topics, and consistently excluded rules and procedures on school discipline (because discipline policies are already addressed in charter school petitions). Staff recommends an amendment to delete the requirement that school safety plans for charter schools include rules and procedures on school discipline:
(F) The procedures that the school will follow to ensure the health
and safety of pupils and staff. These procedures shall include
both of the following require:
(i) A requirement that That
each employee of the school furnish the school with a criminal record
summary as described in Section 44237.
(ii) The development of a school safety plan, which shall include the
topics listed in subparagraphs (A) to (I) (H),
inclusive, of paragraph (2) of subdivision (a) of Section 32282, that
is reviewed and updated by March 1 of every year by the school.
Stronger accountability? Current law requires a school to submit its school safety plan to the school district or county office of education for approval and requires the school district or county office 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 (SPI) is authorized to impose a fine of up to $2,000 against a school district or county office for any willful failure to submit the report. According to the CDE, there has been no report of noncompliance by schools and no district or county office has ever 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 county offices have not reported schools that have not developed their school safety plans.
This bill strikes the requirement that each school district or county office of education annually notify the CDE by October 15 of any schools that have not complied with the requirement to develop a school safety plan, and instead requires, no later than October 15, 2016, and annually thereafter, each superintendent of a school district and superintendent of a county office of education to provide written notification to the SPI certifying that each school within the school district and county has complied with the requirement to develop a comprehensive school safety plan or has included the information about the school safety plan on the school accountability report card. This change is meant to provide superintendents with a more proactive role in ensuring each school has a school safety plan, rather than reporting noncompliance to the State.
Fiscal impact. According to the Assembly Appropriations Committee, this bill would impose potential annual Proposition 98/General Fund state reimbursable mandated costs in the low hundreds of thousands for school districts and county offices to update school safety plans, make plans available for inspection and, starting in 2016, certify that each school has adopted a plan.
Related and prior legislation.
RELATED LEGISLATION
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.
SUPPORT
American Federation of State, County and Municipal Employees
American Red Cross
California State PTA
LIUNA Local 777
OPPOSITION
None received.
-- END --
AB 58
Page 3
ASSEMBLY THIRD READING
AB 58
(Rodriguez)
As Amended May 28, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Education |
7-0 |
O'Donnell, Chávez, Kim, McCarty, Santiago, Thurmond, Weber |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Requires school safety plans to include procedures in response to individuals with guns on school campuses, requires charter schools to develop school safety plans, and makes other changes to the school safety plan. Specifically, this bill:
Specifies that "principal" includes the principal's designee or administrator in charge of a school for charter schools without a principal.
Strikes reference to "the principal's designee" throughout the provisions related to the school safety plan.
Adds nongovernmental organizations to the provision requiring the school safety plan to include a procedure to allow specified entities to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies.
Specifies that "tactical responses to criminal incidents" includes procedures related to individuals with guns on school campuses and at school-related functions. Requires drills to prepare for active shooters or other armed assailants to be based on the specific needs and context of each school and community. Requires schools to consider the most cost-effective method of preparing pupils and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. Requires the school resource officer and school-employed mental health professionals to be integrally involved in the planning and evaluation process to ensure appropriate implementation, regardless of the nature of the drills a school chooses.
Defines "active shooter" as an individual who is actively engaged in killing or attempting to kill people in a confined and populated area.
Expresses the intent of the Legislature that schools use the material and services of the School/Law Enforcement Partnership Program, including the handbook "Safe Schools: A Planning Guide for Action," and the report by the National Association of School Psychologists and the National Association of School Resource Officers on "Best Practice Considerations for Schools in Active Shooter and Other Armed Assailant Drills" in the development of their school safety plan.
Strikes the provision authorizing the school safety plan to be evaluated and amended, as needed, and the requirement for the school safety plan to be evaluated at least once a year.
Requires the school accountability report card (SARC) to include the date the school safety plan was adopted and a description of the safety plan's elements.
Deletes the provision requiring each school district or county office of education (COE) to annually notify the California Department of Education (CDE) by October 15 of any schools that have not complied with the development of the school safety plan, and instead requires, no later than October 15, 2016, and each year thereafter, each superintendent of a school district and COE to provide written notification to the Superintendent of Public Instruction (SPI) certifying that each school within the school district and county has complied with the requirement to develop a comprehensive school safety plan or has included the information about the school safety plan on the SARC.
Specifies that confidential information relating to tactical responses to criminal incidents shall not be included at a public meeting.
Requires each principal to keep and maintain a copy of the most recent school safety plan for that school and to ensure that an updated copy of the comprehensive school safety plan, either written or electronic, to be readily available to staff members, law enforcement, first responders, and the public. Requires each superintendent or COE to keep a copy of the most recent school safety plan submitted to the COE and every notification made to the SPI identifying each school within the district or county that has not complied with the requirement to develop a school safety plan.
Requires the petition for a charter school to include in the procedures that the charter school will follow to protect the health and safety of pupils and staff the development of a school safety plan, which must encompass the topics required to be included in the school safety plan.
FISCAL EFFECT: According to the Assembly Appropriations Committee, potential annual Proposition 98/General Fund state reimbursable mandated costs in the low hundreds of thousands for school districts and COEs to update school safety plans, make plans available for inspection and, starting in 2016, certify that each school has adopted a plan.
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; 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 CDE of any schools that have not complied with the requirement to develop a school safety plan. The SPI 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.
New procedure to respond to armed assailants. This bill expands the "tactical response to criminal incidents" procedure in the school safety plan to include procedures in situations where there are active shooters or armed assailants on school campuses. The procedures shall include drills using the most cost-effective method, but must include school resource officers and school-employed mental health professionals in the planning and evaluation of the training programs and drills. The author states, "Lessons learned from school emergencies highlight the importance of preparing school officials and first responders to implement emergency operations plans. Law enforcement officers may not be present when a shooting begins. The first law enforcement officers on the scene may arrive after the shooting has ended. Making sure staff knows how to respond and instruct their students can prevent and reduce the loss of life."
Written notification to the SPI. This bill strikes the requirement that each school district or COE annually notify the CDE by October 15 of any schools that have not complied with the development of the school safety plan, and instead requires, no later than October 15, 2016, and each year thereafter, each superintendent of a school district and COE to provide written notification to the SPI certifying that each school within the school district and county has complied with the requirement to develop a comprehensive school safety plan or has included the information about the school safety plan on the SARC.
Charter schools. Under current law, charter schools are exempt from most provisions of the Education Code, including the requirement to develop school safety plans. This bill requires a petition for a charter school to include in the procedures that the charter school will follow the development of a school safety plan, which must encompass the topics required to be included in the school safety plan.
Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0000817
AB 58
Page 2
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 58
(Rodriguez) – As Amended April 20, 2015
Policy Committee: |
Education |
Vote: |
7 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY: This bill requires school safety plans to include procedures in response to individuals with guns on school campuses. Specifically, this bill:
Requires school safety plans to include procedures related to individuals with guns on school campuses and at school-related functions, including but not limited to, training programs related to active shooters and active terrorists. Requires schools to consider the most cost-effective method of preparing students and staff for an active shooter situation. Requires the school resource officer and school-employed mental health professionals to be involved in the planning and evaluation process.
Requires an updated file of all safety-related plans and materials to be readily available for inspection by law enforcement and school employees, in addition to the public.
Requires the school accountability report card (SARC) to include the date the school safety plan was adopted and a description of the safety plan's elements.
Requires each principal to provide a written or electronic notice to each teacher and classified employee of that school that the adopted school safety plan is readily available for inspection.
Requires, no later than October 15, 2016, and each year thereafter, each school district and County Office of Education (COE) to provide written notification to the Superintendent of Public Instruction (SPI) certifying that each school within the school district and COE has adopted a school safety plan, as specified.
FISCAL EFFECT:
Potential annual GF/98 state reimbursable mandated costs of at least $200,000 to school districts and COEs to include additional information in the school safety plans, notify school employees of the completion of the plan, copy/make available plans for inspection by law enforcement and, starting in 2016, certify to the SPI that each school has adopted a plan. There are over 500,000 teachers and classified employees employed in the 10,000 schools in the state subject to these requirements.
GF administrative costs of approximately $300,000 annually for three years to add school safety planning requirements to CDE's current monitoring practices. Currently, CDE only monitors a handful of categorical programs and in the last three monitoring cycles, school safety was not included. CDE would be required to review over 10,000 school site safety plans over the course of three years.
SUMMARY Con't:
Requires each principal to keep and maintain a copy of the most recent school safety plan for that school, and each district superintendent or COE to keep a copy of the most recent school safety plan and notification made to the SPI certifying each school has complied with the requirement to develop a school safety plan.
Requires all books, documents, records, and other papers kept and maintained to be open for inspection and copying during specified hours. Specifies that an electronic version of a book, document, record or other paper is sufficient to meet the requirements of this provision.
Strikes the provision authorizing a complaint of noncompliance with the school safety planning requirement of Title IV of the federal No Child Left Behind Act of 2001 to be filed with the CDE under the Uniform Complaint Procedures.
Requires the CDE to monitor compliance using an existing monitoring framework.
COMMENTS:
Purpose. According to the author, active shooter situations are unpredictable and evolve quickly. As such, individuals must be prepared to deal with an active shooter situation before law enforcement officers arrive on the scene. By having plans in place to keep students and staff safe, schools play a key role in taking preventative and protective measures to stop an emergency from occurring or reduce the impact of an incident.
K-12 Mandate Block Grant. The existing Comprehensive School Safety Plan mandate is currently included in the K-12 Education Block Grant. Under the block grant, a Local Education Agency (LEA) may choose to receive a per-pupil allocation to conduct existing K-12 mandated activities rather than receive full payment under the existing claims process. LEAs can file a claim with the Commission on State Mandates to re-determine the existing mandate or file a new mandate claim to consider new activities required under this bill. If the CSM determines these requirements impose a higher level of service, this could place pressure on the Legislature to increase funding under the K-12 Mandate Block Grant.
Prior related legislation. SB 49 (Lieu), substantially similar to this bill, was held on the Suspense file in this committee.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
AB 58
Page 7
Date of Hearing: April 8, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 58
(Rodriguez) – As Amended March 26, 2015
SUBJECT: School safety plans
SUMMARY: Makes each county office of education (COE) the entity responsible for the overall development of all comprehensive school safety plans and requires school safety plans to include procedures in response to individuals with guns on school campuses. Specifically, this bill:
Strikes references to school districts in the following provisions related to school safety plans:
In the provision requiring a school district or COE to be responsible for the overall development of school safety plans.
In the provision authorizing a school district or COE to allow the portions of the school safety plan that include tactical responses to criminal incidents to be developed by administrators of the school district or COE instead of by the schoolsite council.
In the provision authorizing a governing board of a school district or COE to confer in closed session with law enforcement officials to approve a tactical response plan.
In the provision authorizing a school district or COE to work with the Office of Emergency Services and the Seismic Safety Commission.
In the provision requiring a school district or COE to cooperate with a public agency in establishing a procedure to allow a public agency to use school buildings, grounds and equipment during disasters or other emergencies.
In the provision requiring each school to forward its school safety plan to the school district or COE for approval.
Adds nongovernmental organizations to the provision requiring the school safety plan to include a procedure to allow specified entities to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies.
Adds as a required component of the school safety plan procedures related to individuals with guns on school campuses and at school-related functions, including but not limited to, training programs related to active shooters and active terrorists. Requires training programs and drills to prepare for active shooters or other armed assailants to be based on the specific needs and context of each school and community. Requires schools to consider the most cost-effective method of preparing students and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. Requires the school resource officer and school-employed mental health professionals to be integrally involved in the planning and evaluation process to ensure appropriate implementation, regardless of the nature of the drills a school chooses.
Defines "active shooter" as an individual who is actively engaged in killing or attempting to kill people in a confined and populated area.
Expresses the intent of the Legislature that schools use the report by the National Association of School Psychologists and the National Association of School Resource Officers on "Best Practice Considerations for Schools in Active Shooter and Other Armed Assailant Drills" in the development of their school safety plan.
Requires an updated file of all safety-related plans and materials to be readily available for inspection by law enforcement and school employees, in addition to the public.
Requires the school accountability report card (SARC) to include the date the school safety plan was adopted and a description of the safety plan's elements.
Requires each principal to provide a written or electronic notice to each teacher and classified employee of that school that the adopted school safety plan is readily available for inspection.
Deletes the provision requiring each school district or COE to annually notify the California Department of Education (CDE) by October 15 of any schools that have not complied with the development of the school safety plan, and instead requires, no later than October 15, 2016, and each year thereafter, each COE to provide written notification to the Superintendent of Public Instruction (SPI) identifying each school within the county that has not complied with the requirement to develop a comprehensive school safety plan or included the information about the school safety plan on the SARC.
Specifies that confidential information relating to tactical responses to criminal incidents shall not be included at a public meeting.
Requires each principal to keep and maintain a copy of the most recent school safety plan for that school, and each COE to keep a copy of the most recent school safety plan submitted to the COE and every notification made to the SPI identifying each school within the district or county that has not complied with the requirement to develop a school safety plan.
Requires all books, documents, records, and other papers kept and maintained to be open for inspection and copying during business hours at the district office or during school hours at a school, on business days, excluding legal holidays, within 48 hours of a written, verbal, or electronic request by a law enforcement agency. Specifies that an electronic version of a book, document, record or other paper is sufficient to meet the requirements of this provision.
Strikes the provision authorizing a complaint of noncompliance with the school safety planning requirement of Title IV of the federal No Child Left Behind Act of 2001 to be filed with the CDE under the Uniform Complaint Procedures.
Requires the CDE to monitor compliance using an existing monitoring framework.
EXISTING LAW:
Requires each school district or 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. (Education Code Section (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)
Requires the comprehensive school safety plan to be evaluated at least once a year. (EC 32282)
Requires each school to include a description of key elements of the school safety plan in the annual SARC. (EC 32286)
Requires the schoolsite council or school safety planning committee to hold a public meeting to allow public comment. Requires the comprehensive school safety plan to be submitted to the school district or COE for approval and requires a school district or COE to notify the CDE by October 15 of every year of any school that is not in compliance. (EC 32288)
Provides that if the SPI determines that there has been a willful failure to make any report, the SPI shall notify and assess no more than $2,000 against that school district or COE. (EC 32287)
Authorizes the portions of a school safety plan that include tactical responses to criminal incidents to be developed by school district or COE administrators in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of school district or COE employees, if he or she chooses to participate. Authorizes the school district or COE to elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents. (EC 32281)
FISCAL EFFECT: The Legislative Counsel has keyed this bill as a state-mandated local program. According to the Assembly Appropriations Committee of a similar bill introduced in 2013, SB 49 (Lieu), potential annual General Fund/Proposition 98 state reimbursable mandated costs of at least $165,000 to school districts and COEs to include additional information in the school safety plans, notify school employees of the completion of the plan, and copy/make available plans for inspection by law enforcement.
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; 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 CDE of any schools that have not complied with the requirement to develop a school safety plan. The SPI 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.
Who should be responsible for ensuring that school safety plans are developed? This bill makes a number of changes to the school safety plan, including striking the requirement that school districts are responsible for the overall development of school safety plans, thereby requiring COEs to ensure that each school has developed its school safety plan. The bill also strikes references to school districts throughout the school safety plan provisions. According to the author's office, designating one entity to be responsible will make it easier for schools to comply with reporting requirements. While it may seem simpler to put the responsibility on one entity, requiring 58 COEs to be responsible for almost 10,000 schools in California may not be practical. In addition, throughout the provisions governing school safety plans, schools districts have requirements that are appropriately placed with school districts. For example, current law authorizes a school district governing board to allow district administrators, instead of the schoolsite council, to develop a tactical response to criminal incidents and to approve the response in closed session. This is to prevent would be criminals from using the information gleaned from the school safety plan to carry out an attack. The school district is more familiar with the schools in its district; this authority should remain with the school district. Similarly, current law specifies that a school district or COE shall cooperate with a public agency in furnishing and maintaining the services the school district or COE may deem necessary to meet the needs of the community during disasters or other emergencies (e.g., allowing school buildings to be used as shelters). COEs do not have authority over school district facilities and grounds. This requirement should keep the reference to school district. School districts should also retain the authority to work with state agencies in developing and establishing earthquake emergency procedures.
Staff recommends restoring the references to school districts in the provisions regarding the development of the school safety plan and restoring the responsibility for schools to submit their school safety plans to their school districts.
Should the requirement for reporting to the SPI be strengthened? There is a belief that not all schools have developed school safety plans, but there is no data to confirm that. Current law requires each school district or COE to annually notify the CDE by October 15 of any schools that have not complied with the requirements to develop a school safety plan and incorporate a description in the school's SARC. This bill requires COEs to provide written notification to the SPI identifying the schools within the county that have not complied. Staff recommends restoring the responsibility with school districts for their schools and COE for county schools. Staff also recommends strengthening the reporting requirement to the SPI by requiring school districts or COEs to certify that the schools in their jurisdiction have complied with the requirements for developing the school safety plan.
New procedure to respond to armed assailants. This bill expands the components in the school safety plan to include procedures in situations where there are active shooters or armed assailants on school campuses. The procedures shall include training programs and drills using the most cost-effective method, but must include school resource officers and school-employed mental health professionals in the planning and evaluation of the training programs and drills. The author states, "Lessons learned from school emergencies highlight the importance of preparing school officials and first responders to implement emergency operations plans. Law enforcement officers may not be present when a shooting begins. The first law enforcement officers on the scene may arrive after the shooting has ended. Making sure staff knows how to respond and instruct their students can prevent and reduce the loss of life."
The school safety plan already must include procedures related to tactical responses to criminal incidents that school districts are authorized to have school administrators develop and approved by the governing board in closed session. Active shooters and armed assailants can be incorporated in this provision. Staff recommends relocating this provision as a component of tactical responses to criminal incidents.
Other major provisions. The bill's other major changes include clarifying that a principal is responsible for reporting the status of the school safety plan and requiring the posting of the school safety plan on the SARC to include the date the school safety plan was adopted; clarifying that information relating to tactical responses to criminal incidents shall not be included at a public meeting; requiring principals to provide written or electronic notice to each school staff that the school safety plan is available for inspection; requiring principals and COEs to keep and maintain a copy of the most recent plan and any notification to the SPI; requiring all documents be available for inspection and copying at the request of a law enforcement agency; and requiring the CDE to monitor compliance using existing monitoring framework.
Should charters be required to develop school safety plans? Charter schools are not required to comply with most of the provisions in the Education Code. Existing law requires the petition to establish a charter school to indicate the procedures that the school will follow to ensure the
health and safety of pupils and staff. There are no specific requirements regarding what the procedures must cover and how extensively they are developed. Staff recommends extending the requirement to develop school safety plans to charter schools.
Related legislation. SB 592 (Leyva), pending in the Senate Education Committee, requires the school safety plan to include procedures and policies to prevent and respond to adolescent relationship abuse in middle and high schools serving pupils in grades 6 through 12.
Prior related legislation. SB 49 (Lieu), held in the Assembly Appropriations Committee in 2013, was substantially similar to this bill.
AB 549 (Jones-Sawyer), Chapter 422, Statutes of 2013, encourages all school safety plans, to the extent that resources are available, to include clear guidelines for the roles and responsibilities of mental health professionals, community intervention professionals, school counselors, school resource officers, and police officers on school campus, if the school district uses these people.
AB 680 (Block), Chapter 438, Statutes of 2011, authorizes a school district or COE, in consultation with law enforcement officials, to choose not to 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 and authorizes, instead, school district and COE administrators to write those portions of the school safety plan.
AB 519 (Hernández) authorizes the comprehensive school safety plan to include rules and procedures regarding the use of restraint and seclusion, prohibits an educational provider from using chemical and mechanical restraint, and limits the use of physical restraint and seclusion. The bill was held in this Committee by the author in 2011.
SB 755 (Lieu) makes a number of changes to the comprehensive school safety plan, including extending the requirement to develop a school safety plan to charter schools and imposing 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 COE for failing to develop a school safety plan or failing to make specified reporting requirements. The bill was held in the Senate Appropriations Committee suspense file in 2011.
AB 2501 (Lieu) makes a number of changes to comprehensive school safety plan, including extending the requirement to develop a school safety plan to charter schools and imposing 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. The bill was held in this Committee by the author in 2010.
AB 2639 (Lieu), held in the Senate Appropriations Committee suspense file in 2008, requires each school district or COE to annually submit to the CDE by October 15 a report that includes a list of schools within its jurisdiction that have and have not developed a school safety plan.
AB 810 (Lieu), held in the Assembly Appropriations Committee's suspense file in 2007, requires the 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 by October 15 of each year and requires 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 115 (J. Horton), Chapter 423, Statutes of 2003, increased the fine to school districts for a willful failure to report a noncompliant school to the SPI from $500 to $2000.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
None on file
Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087
Discussed in Hearing
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