SB 1411: Pupil safety: notification: pupil victimization reporting.

Existing law, the Interagency School Safety Demonstration Act of 1985, requires school districts and county offices of education to be responsible for the overall development of comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. The act establishes the School/Law Enforcement Partnership, comprised of the Superintendent of Public Instruction and the Attorney General, whose duties include, among others, the development of programs and policies necessary to implement the provisions of the Education Code relating to school safety plans. Existing law prohibits the suspension, or recommendation for expulsion, of a pupil from school unless the superintendent of the school district or the principal of the school determines that the pupil has committed any of various specified acts, including, but not limited to, engaging in an act of bullying or willfully using force or violence upon the person of another unless in self-defense. For a pupil subject to such discipline, existing law authorizes a superintendent of the school district or principal to use his or her discretion to provide alternatives to suspension or expulsion that are age appropriate and designed to address and correct the pupils specific misbehavior.

This bill would authorize the Superintendent to investigate complaints of bullying or other cases of pupil victimization at his or her discretion, and would authorize the Superintendent to share that information with state or local law enforcement agencies. The bill also would, by no later than January 1, 2018, require the principal of each public school school, by no later than January 1, 2018, to ensure that a conspicuous notice, as specified and relating to pupil victimization reporting, that is accessible to all pupils is posted in a common area of the school. By imposing additional duties on school officials, the bill would impose a state-mandated local program. The bill also would specifically prohibit a pupil from being suspended, recommended for expulsion, or otherwise punished if the pupil only responded with reasonable force to an unjustified physical attack upon himself or herself, or upon another pupil.

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.