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BILL NUMBER: AB 810 INTRODUCED
     BILL TEXT

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 22, 2007

   An act to amend Sections 32280, 32281, 32282, and 32288 of the
Education Code, relating to school safety.

     LEGISLATIVE COUNSEL'S DIGEST

   AB 810, as introduced, Lieu. School safety plans.
   (1) Existing law declares the intent of the Legislature that all
California public schools that offer kindergarten and any of grades 1
to 12, inclusive, develop a comprehensive school safety plan. School
districts and county offices of education are responsible for the
overall development of the comprehensive school safety plans for
their constituent schools. The schoolsite council of a school is
required to write and develop the school safety plan relevant to the
needs and resources of the particular school.
   This bill would require schools subject to those provisions to
make copies of their school safety plans available upon request to
parents and to teachers other members of the school staff. Schools
would also be required to notify parents, teachers, and other members
of the school staff regarding revisions to the plan. The bill would
make other technical and clarifying changes to related statutory
provisions. By requiring local educational agencies 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 32280 of the Education Code is amended to read:

   32280.  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,  local fire departments,  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.
  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
Section 52012  , as it read prior to January 1, 2006,  or
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 principal's 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   representatives  from a law
enforcement agency  and a local fire department  in the
writing and development of the comprehensive school safety plan.
   (4) In the absence of a schoolsite council, the members specified
in paragraph (2) shall serve as the school safety planning committee.

   (c) Nothing in this article shall limit or take away the authority
of school boards as guaranteed under this code.
   (d) (1) Subdivision (b) shall not apply to a small school
district, as defined in paragraph (2), if the small school district
develops a districtwide comprehensive school safety plan that is
applicable to each schoolsite.
   (2) As used in this article, "small school district" means a
school district that has fewer than 2,501 units of average daily
attendance at the beginning of each fiscal year.
   (e) (1) When a principal or his or her designee verifies through
local law enforcement officials that a report has been filed of the
occurrence of a violent crime on the schoolsite of an elementary or
secondary school at which he or she is the principal, the principal
or the principal's designee may send to each pupil's parent or legal
guardian and each school employee a written notice of the occurrence
and general nature of the crime. If the principal or his or her
designee chooses to send the written notice, the Legislature
encourages the notice be sent no later than the end of business on
the second regular work day after the verification. If, at the time
of verification, local law enforcement officials determine that
notification of the violent crime would hinder an ongoing
investigation, the notification authorized by this subdivision shall
be made within a reasonable period of time, to be determined by the
local law enforcement agency and the school district. For purposes of
this section, an act that is considered a "violent crime" shall meet
the definition of Section 67381 and be an act for which a pupil
could or would be expelled pursuant to Section 48915.
   (2) Nothing in this subdivision shall create any liability in a
school district or its employees for complying with paragraph (1).
  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   Assessment of  the
current status of school crime committed on school campuses and at
school-related functions.
   (2)  Identifying   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, which shall
include the development of all of the following:
   (A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of  Chapter 2 of  Title 1 of
Part 4 of the Penal Code.
   (B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
federal  Americans with Disabilities Act of 1990 (42 U.S.C. Sec.
12101 et seq.). The disaster procedures shall also include, but not
be limited to, both of the following:
   (i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the 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, including
the American Red Cross, to use school buildings, grounds, and
equipment for mass care and welfare shelters during disasters or
other emergencies affecting the public health and welfare. The
district or county office shall cooperate with the public agency in
furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
   (C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts  which
  that  would lead to suspension, expulsion, or
mandatory expulsion recommendations pursuant to Article 1 (commencing
with Section 48900) of Chapter 6 of Part 27.
   (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   a
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
A  schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For  the
purposes of this paragraph, "gang-related apparel" shall not be
considered a protected form of speech pursuant to Section 48950.
   (G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.  For purposes of this
subparagraph, "school" means the entire school campus up and
including the property boundaries.
   (H) A safe and orderly environment conducive to learning at the
school.
   (I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
   (J) Hate crime reporting procedures pursuant to Chapter 1.2
(commencing with Section 628) of Title 15 of Part 1 of the Penal
Code.
   (b) It is the intent of the Legislature that schools develop
comprehensive school safety plans using existing resources, including
the materials and services of the partnership, pursuant to this
chapter. It is also the intent of the Legislature that schools use
the handbook developed and distributed by the School/Law Enforcement
Partnership Program entitled "Safe Schools: A Planning Guide for
Action" in conjunction with developing their plan for school safety.
   (c) Grants to assist schools in implementing their comprehensive
school safety plan shall be made available through the partnership as
authorized by Section 32285.
   (d)  Each   A  schoolsite council or
school safety planning committee  ,  in developing and
updating a comprehensive school safety plan  shall
, where practical,  shall  consult, cooperate, and
coordinate with other schoolsite councils or school safety planning
committees.
   (e) The comprehensive school safety plan may be evaluated and
amended, as needed, by the school safety planning committee, but
shall be evaluated at least once a year, to ensure that the
comprehensive school safety plan is properly implemented. An updated
file of all safety-related plans and materials shall be readily
available for inspection by the public.
   (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 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) 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.
   (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   department
by October 15 of  any  schools that have not
complied with Section 32281.
   (d) A school shall make copies of its school safety plan available
upon request to parents, teachers, and other members of the school
staff. 
   (e) A school shall notify parents, teachers, and other members of
the school staff of revisions to its school safety plan.
  SEC. 5.  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.
       

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