A Watch-dog Organization - Advocating for Bullied Children
& Reporting on State Anti Bullying Laws

Submitted by

Lisa Ford-Berry


In the opinion of Bully Police USA, Inc... In October 2003, California passed SB 719.  This brings up California's "grade" from a D to a B.    Still missing - 1)  any definitions of bullying and harassment,  2)  protection against reprisal, retaliation or false accusation, and 3)  school district protection against lawsuits upon compliance to policies.  One half point was given for #2 and #10 on the grading scale.  Looks like California is making some improvements for the kids.

CALIFORNIA

B

Various Statutes

BILL NUMBER: SB 719 CHAPTERED BILL TEXT
(Bullying Prevention for School Safety and Crime Reduction Act of 2003)

CHAPTER  828 - FILED WITH SECRETARY OF STATE  OCTOBER 11, 2003
APPROVED BY GOVERNOR  OCTOBER 10, 2003
PASSED THE SENATE  SEPTEMBER 11, 2003
PASSED THE ASSEMBLY  SEPTEMBER 10, 2003

Article 3.  School Safety Cadre

SEC. 7.  Section 32290 of the Education Code is amended and renumbered to read: 32270.
(a) The partnership shall establish a statewide school safety cadre for the purpose of facilitating interagency coordination and collaboration among school districts, county offices of education, youthserving agencies, allied agencies, community-based organizations, and law enforcement agencies to improve school attendance, encourage good citizenship, and to reduce school violence, school crime, including hate crimes, vandalism, drug and  alcohol abuse, gang membership and gang violence, truancy rates, bullying, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment.
(b) The partnership may appoint up to 100 professionals from education agencies, community-based organizations, allied agencies, and law enforcement to the statewide cadre.
(c) The partnership shall provide training to the statewide cadre representatives to enable them to initiate and maintain school community safety programs among school districts, county offices of education, youthserving agencies, allied agencies, community-based organizations, and law enforcement agencies in each region.

SEC. 8.  The heading of Article 5 (commencing with Section 32295) of Chapter 2.5 of Part 19 of the Education Code is amended and renumbered, to read:

Article 4.  Program Assessment

SEC. 9.  Section 32295 of the Education Code is amended and renumbered to read: 32275.  The partnership shall annually assess the programs and activities under the Interagency School Safety Demonstration Act of 1985.  The assessment shall include, but not be limited to, all of the following:
(a) An assessment of the appropriateness and effectiveness of the statewide conferences conducted pursuant to Article 2 (commencing with Section 32265).
(b) An assessment of the extent to which the statewide school safety cadre has been able to provide appropriate technical assistance to school districts, county offices of education, and law enforcement agencies.
(c) An assessment of the effectiveness of the ongoing training on safe schools and crisis response provided pursuant to subdivision (c) of Section 32270.

SEC. 10.  Section 35183 of the Education Code is amended to read: 35183.
(a) The Legislature finds and declares each of the following:  (1) The children of this state have the right to an effective public school education.  Both students and staff of the primary, elementary, junior and senior high school campuses have the constitutional right to be safe and secure in their persons at school.  However, children in many of our public schools are forced to focus on the threat of violence and the messages of violence contained in many aspects of our society, particularly reflected in gang regalia that disrupts the learning environment.....

Article 5.  School Safety Plans

SEC. 12.  Section 35294 of the Education Code is amended and renumbered 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, 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. 13.  Section 35294.1 of the Education Code, as amended by Section 1 of Chapter 735 of the Statutes of 2002, is amended and renumbered 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 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 from a law enforcement agency 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 authorityof 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. 14.  Section 35294.2 of the Education Code is amended and renumbered to read: 32282.
(a) The comprehensive school safety plan shall include, but not necessarily be limited to, 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 Title 1 of Part 4 of the Penal Code.  (B) Disaster procedures, routine and emergency including, but not limited to, adaptations for pupils with disabilities in accordance with the American with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).   (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 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 schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing "gang-related apparel," if the school has adopted such 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 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.   (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 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.
(e) The comprehensive school safety plan shall be evaluated and amended, as needed, by the school safety planning committee no less than 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. 20.  Section 35294.8 of the Education Code is amended and renumbered 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 by October 15 of any schools that have not complied with Section 32281.....

SEC. 23.  Section 35294.10 of the Education Code is amended to read: 35294.10.
(a) It is the intent of the Legislature that all public schools with any combination of instructional settings from kindergarten to grade 7, inclusive, have access to supplemental resources to establish programs and strategies that promote school safety and emphasize violence prevention among children and youth in the public schools.  It is further the intent of the Legislature to fund and coordinate the programs and activities carried out pursuant to the Interagency School Safety Demonstration Act of 1985 (Chapter 2.5 (commencing with Section 32260)), relating to safe school model programs; Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19, relating to the development of school safety plans; and Article 6 (commencing with Section 32296) of Chapter 2.5 of Part 19, relating to school community policing, in a cooperative and interactive effort to promote school safety and violence prevention in the public schools.
(b) It is further the intent of the Legislature that the Superintendent of Public Instruction and the Attorney General shall utilize available resources to make every effort to coordinate activities and the distribution of resources to maximize their effective and efficient use in establishing and maintaining safe schools.

SEC. 24.  Section 35294.11 of the Education Code is amended to read: 35294.11.
(a) The School Safety and Violence Prevention Strategy Program is hereby established to be administered by the Superintendent of Public Instruction for the purpose of promoting school safety and violence prevention programs among children and youth in the public schools.
(b) The Superintendent of Public Instruction, in conjunction with the Attorney General, shall develop standards and guidelines for evaluating proposals, and shall award grants on a competitive basis, as authorized by this article, to schools and school districts serving any combination of instructional settings from kindergarten to grade 7, inclusive, that meet the following conditions:   (1) The school has developed a school safety plan as required by Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 21.  (2) The school demonstrates its ability to carry out a collaborative and coordinated approach for implementing a comprehensive school safety and violence prevention strategy.  (3) After initial eligibility has been determined, a process of andom selection for grants awarded pursuant to this article shall be used that ensure that, at a minimum, all of the following criteria are met:   (A) Schools are selected from the northern, central, and southern areas of the state.   (B) Schools selected represent large, medium, and small sized numbers in their pupil populations.   (C) Schools are selected from urban, suburban, and rural areas.

SEC. 25.  Section 35294.12 of the Education Code is amended to read: 35294.12.  A school or school district that applies for funding pursuant to this article shall submit an application that includes, but is not limited to, all of the following:
(a) A school safety plan required by Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19.
(b) A school violence prevention strategy for improving and marshaling the resources set forth in the school safety plan to promote school safety and violence prevention programs among children and youth.

SEC. 26.  Section 35294.13 of the Education Code is amended to read: 35294.13.  The Superintendent of Public Instruction shall award grants under this article for one or more of the following purposes:
(a) Providing schools with personnel, including, but not limited to, school counselors, school social workers, school nurses, and school psychologists, who are specially trained in identifying and supporting at-risk children and youth where the applicant demonstrates that appropriate support activities are necessary and would be desirable in addressing identified problems, issues, and needs, including, but not limited to, classes pertaining to anger management and conflict resolution.
(b) Providing effective and accessible oncampus communication devices, where the applicant demonstrates that the use of these devices, beyond everyday, routine matters, is part of the school safety plan developed pursuant to Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19.
(c) Establishing an in-service training program for all school staff, designed to assist school staff in identifying at-risk children and youth, communicating effectively with those pupils, and appropriately referring those pupils for counseling.
(d) Establishing cooperative arrangements with local law enforcement agencies for appropriate school-community relationships.
(e) Proposals that allow school districts to respond to existing or subsequent research that establishes structural changes in the operation of schools, such as smaller schools or "schools within schools."
(f) Any other proposal that the applicant school or school district designs that demonstrates that the proposal would materially contribute to meeting the goals and objectives of current law in providing for safe schools and preventing violence among children and youth.

SEC. 27.  Section 35294.21 of the Education Code is amended to read: 35294.21.
(a) When a schoolsite council next reviews and updates its school safety plan pursuant to Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19 and to the extent it implements its plan, the schoolsite council is encouraged to recognize that there are these three essential components of a successful comprehensive strategic action program for preventing school violence, and it is further encouraged to consider incorporating each of them into its plan:   (1) Assuring each pupil a safe physical environment.  (2) Assuring each pupil a safe, respectful, accepting, and emotionally nurturing environment.    (3) Providing each pupil resiliency skills.
(b) To assure a safe physical environment, a schoolsite council is encouraged to consider including in its school safety plan all of the following:   (1) A no tolerance for violence policy and practice.  (2) An immediate effective response to violence plan and implementation.   (3) A no guns allowed policy.   (4) Disallow and discourage the possession of drugs.   (5) Provide for smaller schools.   (6) Ensure that all staff and pupils, including, but not limited to, pupils with disabilities, know how to report incidents of violence, discrimination, harassment, and abuse.
(c) To assure a safe, respectful, accepting, and emotionally nurturing environment, a schoolsite council is encouraged to consider incorporating strategies to achieve all of the following goals:  (1) A school that welcomes the whole child.   (2) A nurturing classroom environment.   (3) A discipline policy that includes teaching respect and constructive resolution of conflicts.   (4) A discipline policy that aims at restoration of mutual respect, relationships, and a sense of community that seeks reintegration of pupils who become alienated through conflict or misbehavior.   (5) Administrators, teachers, and classified employees who are prepared through preservice and inservice training to appreciate their critical capacities for constructively engaging pupils.    (6) Professional education staff who are sensitive to the needs of pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds, and pupils with disabilities.   (7) Parents who are invited and accepting to become meaningfully involved.  (8) More emotional support service personnel, including counselors.   (9) An adult coach for each pupil.   (10) No bullying.
(d) To provide each child resiliency skills, a schoolsite council is encouraged to consider incorporating strategies that will provide each pupil all of the following:   (1) Resiliency.   (2) Authentic self-esteem.   (3) Moral education.  (4) An environment free from harassment, discrimination, and violence on any of the bases enumerated in the prohibition of discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.   (5) Anger management.   (6) Conflict resolution.   (7) Peer counseling.    (8) Peer mediation.

SEC. 28.  Section 35294.22 of the Education Code is amended to read: 35294.22.  (a) Before a school safety plan is approved pursuant to subdivision
(a) of Section 32288, the school safety plan shall be presented at a regularly scheduled public meeting of the governing board of the school district or county office of education and the adoption of the school safety plan shall not be an item for consent at that meeting.  The governing board of the school district or county office of education shall discuss both of the following:   (1) How the school safety plan addresses the needs of the school and pupils within that school.   (2) How the schoolsite council considered the three essential components provided pursuant to subdivision (a) of Section 35294.21 when writing the school safety plan.
(b) The governing board of the school district or county office of education is encouraged to notify, in writing, the persons and entities specified in paragraphs (2) and (3) of subdivision (b) of Section 32288, if available, of the public meeting required pursuant to this section...



2001 Cal. Stats., A.B. 79, Chap. 646 Requires the Department of Education to develop model policies on the prevention of bullying and on conflict resolution, makes the model policies available to school districts and authorizes school districts to adopt one or both policies for incorporation into the school safety plan.
PDF file: http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_0051-0100/ab_79_bill_20011010_chaptered.pdf
HTML file: http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_0051-0100/ab_79_bill_20011010_chaptered.html

(g) The State Department of Education shall develop model policies on the prevention of bullying and on conflict resolution and make the model policies available to school districts.  A school district may adopt one or both of these policies for incorporation into its school safety plan.
 

2001, Cal. Stats., S.B. 257 Specifies that, for school and law enforcement partnership purposes, school crime includes hate crimes and requires the comprehensive school safety plan to include development of a discrimination and harassment policy, as specified, and development of hate crime reporting procedures.

PDF file: http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0251-0300/sb_257_bill_20011014_chaptered.pdf
HTML file: http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0251-0300/sb_257_bill_20011014_chaptered.html

CA 1998 Cal. Stats., A.B. 499  Charges the State Board of Education to develop guidelines, adopt policies, and fund programs to create a school environment free from discriminatory attitudes and hate violence.
HTML file: http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0451-0500/ab_499_bill_19980928_chaptered.html
PDF file: http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0451-0500/ab_499_bill_19980928_chaptered.pdf

 

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