Today's Law As Amended


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AB-544 School property: location and facility details.(2021-2022)



As Amends the Law Today


SECTION 1.
 It is the intent of the Legislature that the location of schoolsites and facilities be readily accessible to the department for both of the following purposes:
(a) To ensure the safety of pupils and employees during an emergency or crisis.
(b) To provide location information to emergency personnel to assist with emergency response-related activities, such as evacuations, shelters, and temporary housing locations for emergency personnel.

SEC. 2.

 Article 3 (commencing with Section 38140) is added to Chapter 4 of Part 23 of Division 3 of Title 2 of the Education Code, to read:

Article  3. Location of School Facilities, Schoolsites, and School Property Information
38140.
 For purposes of this article, “local educational agency” means a county office of education, school district, or charter school.
38141.
 (a) Commencing with the 2023–24 school year, a local educational agency shall provide to the department information related to each school facility, schoolsite, or school property owned or leased by the local educational agency, including, but not limited to, all of the following:
(1) The mailing and physical addresses of existing school facilities, schoolsites, and school property currently used for instructional purposes.
(2) The year each building at the school currently used for instructional purposes was constructed.
(3) The square footage of each building at the school currently used for instructional purposes.
(4) The year, if any, each building at the school currently used for instructional purposes was last modernized.
(5) The pupil capacity of the school based on the pupil loading formula set forth in Section 17071.25.
(6) The age and number of portable buildings at the school.
(7) Whether the school has any of the following:
(A) A cafeteria.
(B) A library.
(C) A gymnasium.
(D) A multipurpose room.
(E) A water well.
(F) A generator.
(G) Redundant emergency communications.
(8) The status of school facilities during an emergency caused by a natural disaster.
(b) The department shall develop guidelines for use by the department and local educational agencies related to the implementation of subdivision (a), including the format for submission of information and the specific information to be collected.
(c) (1) A local educational agency shall report the information required pursuant to paragraphs (1) to (7), inclusive, of subdivision (a) once and update it annually as needed.
(2) A local educational agency shall report the information required pursuant to paragraph (8) of subdivision (a) to the department when a natural disaster occurs.
(d) (1) Notwithstanding any other law, including the California Public Records Act, as set forth in Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, except as provided in paragraph (2), the information received by the department pursuant to subdivision (a) is confidential and shall not be subject to public disclosure.
(2) The department may share the information it receives pursuant to subdivision (a) with other entities, including emergency personnel and other governmental agencies, for emergency preparedness and emergency response-related activities.
SEC. 3.
  The Legislature finds and declares that Section 2 of this act, which adds Section 38141 to the Education Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
Limiting the disclosure of school facilities, schoolsites, and school property information obtained by the department for purposes of ensuring the safety of pupils and employees during an emergency or crisis furthers the purposes of Section 3 of Article I of the California Constitution by appropriately balancing the interest in public disclosure with ensuring that this information is not used for improper purposes.
SEC. 4.
  If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.