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.
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,
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,
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
(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
SEC. 10. Section 35183 of the Education Code is amended to read:
(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
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
SEC. 23. Section 35294.10 of the Education Code is amended to
(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
(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
(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
(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
(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
(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
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
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