§ 32281
869 words·~4 min read·
/ca/education-code/32281A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(1)Except as provided in subdivision
(d)with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 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, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan. The comprehensive school safety plan and any updates to the plan shall be shared with the law enforcement agency, the fire department, and the other first responder entities.
(4)In the absence of a schoolsite council, the members specified in paragraph
(2)shall serve as the school safety planning committee.
(c)This article does not limit or take away the authority of school boards as guaranteed under this code.
(d)Subdivision
(b)shall not apply to a small school district if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite.
(1)When a principal or their designee verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime or sex offense on the schoolsite of an elementary or secondary school at which they are 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 their 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 workday after the verification. If, at the time of verification, local law enforcement officials determine that notification of the violent crime or sex offense 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.
(2)This subdivision does not create any liability in a school district or their employees for complying with paragraph (1).
(1)Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a comprehensive school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if the representative chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.
(2)As used in this article, “tactical responses to criminal incidents” means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.
(3)This subdivision does not preclude the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.
(4)This subdivision does not reduce or eliminate the requirements of Section 32282.
(g)For purposes of this article, the following definitions apply:
(1)“Child abuse or neglect” has the same meaning as defined in Section 11165.6 of the Penal Code.
(2)“Sex offense” has the same meaning as defined in Section 44010.
(3)“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.
(4)“Violent crime” means any of the following:
(A)An act defined or described in paragraphs
(2)to (4), inclusive, of subdivision
(i)of Section 67381 and that is an act for which a pupil could or would be expelled pursuant to Section 48915.
(B)A violent felony pursuant to subdivision
(c)of Section 667.5 of the Penal Code.
(C)A serious felony pursuant to subdivision
(c)of Section 1192.7 of the Penal Code.