BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 58 (Rodriguez) - School safety plans. ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: July 9, 2015 |Policy Vote: ED. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 17, 2015 |Consultant: Jillian Kissee | | | | ----------------------------------------------------------------- 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) AB 58 (Rodriguez) Page 1 of ? 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. AB 58 (Rodriguez) Page 2 of ? 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. AB 58 (Rodriguez) Page 3 of ? 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 AB 58 (Rodriguez) Page 4 of ? 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. -- END --