BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 58 (Rodriguez) - School safety plans.
          
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          |Version: July 9, 2015           |Policy Vote: ED. 7 - 0          |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 17, 2015   |Consultant: Jillian Kissee      |
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          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)








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           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.











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          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.  










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           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  








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          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.




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