Bill Text: CA SB323 | 2023-2024 | Regular Session | Amended
Bill Title: Comprehensive school safety plans: individualized safety plans.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 599, Statutes of 2023. [SB323 Detail]
Download: California-2023-SB323-Amended.html
|
Amended
IN
Assembly
August 14, 2023 |
|
Amended
IN
Assembly
June 29, 2023 |
|
Amended
IN
Senate
March 20, 2023 |
| Introduced by Senator Portantino (Coauthor: Assembly Member Blanca Rubio) |
February 06, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program.
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 operating a kindergarten or any of grades 1 to 12, inclusive. Existing law requires the schoolsite council or school safety planning committee, before adopting the plan, to hold a public meeting at the schoolsite in order to allow members of the public the opportunity to express an opinion about the plan.
This bill would require each school, on or before October 1, 2025, and on or before October 1 every year thereafter, to establish a school safety access and equity committee, as provided. The bill would require, beginning July 1, 2025, the schoolsite council or school safety planning committee to forward
its comprehensive school safety plan to the school safety access and equity committee for review and feedback before holding the above-described public meeting. The bill would require the school safety access and equity committee to review the plan to consider whether the plan is inclusive of the specific pupil population at the school and recommend necessary changes to the schoolsite council.
The bill would require the school safety access and equity committee, if it determines that any pupil attending the school cannot be reasonably assured of safety by the measures described in plan, to convene an individualized safety plan team to develop an individualized safety plan, as provided, for that pupil. The bill would also authorize and encourage any pupil, employee, or parent to bring concerns about an individual pupil’s ability to access the safety measures
described in the comprehensive school safety plan to the school principal or designee and require the principal or designee, if they reasonably determine there is merit to the concern, to convene a meeting of an individualized safety plan team.
The bill also would require, following each safety incident or drill requiring use of the comprehensive school safety plan, the school safety access and equity committee to discuss whether the procedures included in the comprehensive school safety plan and each pupil’s individualized safety plan were sufficient to reasonably ensure safety for all pupils and recommend changes to the schoolsite council or individualized safety plan team, as appropriate.
By imposing additional requirements on local educational agencies, 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.
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:(i)
(I)
(II)
(III)
(IV)
(ii)
SEC. 2.
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)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)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster procedures shall also include, but not be limited to, both of the following:
(i)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the
following:
(I)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.
(II)A drop procedure, consistent with current guidelines from expert sources, which shall be practiced at least once each school quarter in elementary schools and at least once a semester in secondary
schools.
(III)Protective measures to be taken before, during, and following an earthquake.
(IV)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.
(ii)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public
health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.
(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.
(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.
(E)A discrimination and
harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.
(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this paragraph,
“gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950.
(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.
(H)A safe and orderly environment conducive to learning at the school.
(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 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.
(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed by the School/Law Enforcement Partnership Program entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety.
(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.
(d)The
comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.
(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.
(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.
(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.
(a)On or before October 1, 2025, and on or before October 1 every year thereafter, each school shall establish a school safety access and equity committee. The committee shall include, but not necessarily be limited to, the following members:
(1)A school administrator.
(2)A special education teacher.
(3)A school nurse.
(4)A school psychologist.
(b)(1)The school safety access and equity committee shall review the comprehensive school safety plan, provided to
the committee pursuant to subdivision (c) of Section 32288, to consider whether the plan is inclusive of the specific pupil population at the school and recommend necessary changes to the schoolsite council. Nothing in this subdivision shall be interpreted to require the school safety and equity committee to convene in person.
(2)(A)If the school safety access and equity committee determines that any pupil attending the school cannot be reasonably assured of safety by the measures described in the comprehensive school safety plan, the committee shall convene an individualized safety plan team to develop an individualized safety plan for that pupil.
(B)The individualized safety plan team shall consist of the following members:
(i)A school administrator or designee.
(ii)A parent or guardian of the pupil, a representative selected by a parent, or both.
(iii)At the discretion of the parent, guardian, or school, other individuals who have knowledge or special expertise regarding the pupil, including related services personnel, as appropriate. The determination of whether the individual has knowledge or special expertise regarding the pupil shall be made by the party who invites the individual to be a member of the individualized safety plan team.
(iv)Whenever appropriate, the pupil.
(C)The individualized safety plan shall describe adaptations to the comprehensive school safety plan, including, but not limited to, additional training of school personnel; safety equipment specific to the pupil’s needs; alternative
evacuation routes and shelter-in-place procedures; and anticipated logistical support, needed to reasonably ensure safety of the pupil.
(D)The school shall provide a physical copy of a pupil’s individualized safety plan to the parent or guardian and maintain physical copies in the school office and at any location in which the school maintains supplies for emergency procedures.
(E)A pupil’s individualized safety plan shall be a pupil record for purposes of Chapter 6.5 (commencing with Section 49060) of Part 27 of Division 4 of Title 2, and its contents shall be disclosed only to develop, maintain, or effectuate the plan.
(3)Any pupil, employee, or parent may, and is encouraged to, bring concerns about an individual pupil’s ability to access the safety measures described in the comprehensive school safety plan to
the school principal or designee. If the principal or designee reasonably determines there is merit to the concern, the principal shall convene a meeting of the individualized safety plan team consistent with the personnel and procedures described in subparagraphs (B) to (E), inclusive, of paragraph (2).
(c)Following each safety incident or drill requiring use of the comprehensive school safety plan, the school safety access and equity committee shall discuss whether the procedures included in the comprehensive school safety plan and each pupil’s individualized safety plan were sufficient to reasonably ensure safety for all pupils and recommend changes to the schoolsite council or individualized safety plan team, as appropriate.
(a)(1)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.
(2)The department shall develop and post on its internet website best practices for reviewing and approving comprehensive school safety plans.
(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 comprehensive 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)Beginning July 1, 2025, before holding the public meeting pursuant to subdivision (b), the schoolsite council or school safety planning committee shall forward its comprehensive school safety plan to the school safety access and equity committee established pursuant to Section 32282.7 for review and feedback.
(d)In order to ensure compliance with this article, each school district or county office of education shall annually notify the department by October 15 of any schools that have not complied with Section 32281.
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.
