Bill Text: CA AB2968 | 2023-2024 | Regular Session | Amended
Bill Title: School safety and fire prevention: fire hazard severity zones: comprehensive school safety plans: communication and evacuation plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-25 - Re-referred to Com. on APPR. [AB2968 Detail]
Download: California-2023-AB2968-Amended.html
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April 24, 2024 |
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April 15, 2024 |
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March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2968
| Introduced by Assembly Member Connolly |
February 16, 2024 |
An act to amend Section 32282 of, and to add Article 4.5 (commencing with Section 32277) to Chapter 2.5 of Part 19 of Division 1 of Title 1 of, the Education Code, relating to fire protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 2968, as amended, Connolly.
School safety and fire prevention: fire hazard severity zones: comprehensive school safety plans: communication and evacuation plans.
Existing law requires the State Fire Marshal to identify, according to specified procedures, high and very high fire hazard severity zones within state responsibility areas and lands that are not within state responsibility areas. Existing law requires a person who owns, leases, controls, operates, or maintains a structure within specified portions of those areas to comply with defensible space requirements, as provided. These defensible space requirements include, among other things, a requirement to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified.
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 its schools, as provided. Existing law requires a schoolsite council to write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school, in consultation with a representative from a law enforcement agency, a fire department, and other first responder entities, as specified, while providing an alternate mechanism for compliance with this requirement for small school districts, as defined. Existing law requires the comprehensive school safety plan to include appropriate strategies and programs relating to school safety and school safety law compliance, including the development of specified disaster procedures. Existing law authorizes a chartering authority to deny a petition for the establishment of a charter school for specified reasons, including the absence in the charter petition of a reasonably comprehensive description of the development of a school safety plan
that includes these same topics.
This bill would, commencing with the 2026–27 fiscal year, year and annually thereafter, require each private school or public school, including a charter school, serving more than 50 students or pupils in kindergarten or any of grades 1 to 12, inclusive, in a high-risk zone high or very high fire hazard severity zone, as identified by the State Fire Marshal, to comply with specified
the above-described defensible space zone
fire safety standards, applicable to the area from school buildings to the area 100 feet from school buildings, and any subsequent regulations implementing those standards, as provided. The bill would define a high-risk zone as land identified by the State Fire Marshal as a high or very high fire hazard severity zone. require the fire department having jurisdiction within the school’s boundaries to annually verify school compliance with those defensible space standards. The bill would, commencing with the 2026–27 fiscal year, require the disaster procedures in the comprehensive school safety plans to include the
establishment of a procedure to identify appropriate refuge shelter for all pupils and staff, for use in the event of a shelter-in-place order, and to notify the fire department having jurisdiction of the refuge. The bill would require, as applied to public schools serving more than 50 pupils in a high-risk zone, high or very high fire hazard severity zone, the procedures to be coordinated with the fire department, and would also require, commencing with the 2026–27 fiscal year and as a part of the comprehensive school safety plans for these schools, the development of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, as provided. By imposing new duties on local educational agencies,
agencies and local fire districts, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 4.5 (commencing with Section 32277) is added to Chapter 2.5 of Part 19 of Division 1 of Title 1 of the Education Code, to read:Article 4.5. School Fire Safety
32277.
(a) For purposes of this(1)“High-risk zone” means land identified by the State Fire Marshal as a high or very high fire hazard severity zone pursuant to Section 51178 of the Government Code or pursuant to Article 9 (commencing with Section 4201) of Chapter 1 of Part 2 of Division 4 of the Public Resources Code.
(3)“Zone 0” means the area from a school building to the area within five feet of the school building, or the property line, whichever is closer.
(4)“Zone 1” means the area from 5 feet of a school building to the area 30 feet from a school building, or the property line, whichever is closer.
(5)“Zone 2” means the area from 30 feet of a school building to the area 100 feet from a school building, or the property line, whichever is closer.
(b) Commencing with the 2026–27 fiscal year, and annually thereafter, each school in a high-risk zone high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the
Public Resources Code, shall comply with the following defensible space zone standards: defensible space standards pursuant to Section 51182 of the Government Code or Section 4291 of the Public Resources Code, as applicable, and any subsequent regulations implementing those standards.
(1)Keep Zone 0 clear by doing all of the following:
(A)Using hardscape, such as gravel, pavers, and concrete.
(B)Removing all dead and dying plants, weeds, and debris from roofs, gutters, and stairways.
(C)Limiting combustible items.
(D)Replacing combustible fencing.
(E)Relocating recycling containers outside of Zone 0.
(2)Clear dead or dry vegetation and maintain space between trees in Zone 1 by doing all of the following:
(A)Removing all dead plants, grass, and weeds.
(B)Removing dead or dry leaves and pine needles.
(C)Trimming trees regularly to keep branches a minimum of 10 feet from other trees.
(D)Creating a separation between trees, shrubs, and items that could catch fire, including furniture, woodpiles, and swing sets.
(3)Reduce potential fuel in Zone 2 by doing all of the following:
(A)Limiting the maximum height of grass to four inches.
(B)Maintaining horizontal space between shrubs and trees, and vertical space between grass, shrubs, and trees.
(C)Limiting the maximum depth of fallen leaves, needles, twigs, bark, cones, and small branches to three inches.
(D)Maintaining 10 feet of clearance around exposed woodpiles down to mineral soil in all directions.
(E)Clearing areas around outbuildings and propane tanks.
(c) The fire department having jurisdiction within the school’s boundary
boundaries shall annually certify
verify school compliance with the requirements of subdivision (b).
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 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) (i) 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 federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:
(I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the
Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:
(ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at
least once a semester in secondary schools.
(ic) Protective measures to be taken before, during, and following an earthquake.
(id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of
education may deem necessary to meet the needs of the community.
(III) (ia) Commencing with the 2026–27 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of a shelter-in-place order by local authorities and notify the fire department having jurisdiction within the school’s boundary boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school that is a school, as defined in Section 32277, and that is in a high-risk zone, as defined in Section 32277,
high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the fire department having jurisdiction within the school’s boundary. boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the fire department having jurisdiction within each of the school’s
boundaries.
(ib) Commencing with the 2026–27 fiscal year, the development by each public school that is a school, as defined in Section 32277, and that is in a high-risk zone, as defined in Section 32277, high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order or a shelter-in-place order is appropriate.
(ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).
(iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about
an individual pupil’s ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter
school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.
(II) Subclause (I) does not prohibit a school employee, a pupil’s
parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.
(iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.
(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion,
or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn
or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, “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, 35291.5, 47605, and 47605.6.
(J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.
(K) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.
(L) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is
suffering or is reasonably believed to be suffering from an opioid overdose.
(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 in partnership by the State Department of Education’s Safe Schools and Violence Prevention Center and the Attorney General’s Crime and Violence Prevention Center entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety.
(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall,
where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily
available for inspection by the public.
(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.
