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AB-2127 School property: location and facility details.(2019-2020)

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Date Published: 04/30/2020 09:00 PM
AB2127:v98#DOCUMENT

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2127


Introduced by Assembly Member O’Donnell

February 10, 2020


An act to add Article 3 (commencing with Section 38140) to Chapter 4 of Part 23 of Division 3 of Title 2 of the Education Code, relating to school facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 2127, as amended, O’Donnell. School property: location and facility details.
Existing law requires school districts and county offices of education to be responsible for the overall development of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the schoolsite council of a school to write and develop the comprehensive school safety plan relevant to the needs and resources of that particular school, in consultation with a representative from a law enforcement agency, a fire department, and other first responder entities. Existing law requires a petition to establish a charter school to include, among other things, a reasonably comprehensive description of the procedures that the charter school will follow to ensure the health and safety of pupils and staff, including requiring the development and annual update of a school safety plan that includes certain safety topics and procedures.
This bill, commencing with the 2022–2023 2022–23 school year, would require a county office of education, school district, and charter school to provide, and to update annually as needed, certain information to the State Department of Education for each school facility, schoolsite, or school property owned or leased by the local educational agency. The bill would make the information received by the department confidential and exempt it from public disclosure. The bill would authorize the department to share the information with other entities for emergency preparedness and emergency response-related activities.
By imposing additional requirements on local educational agencies, the bill would impose a state-mandated local program.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


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 2022–2023 2022–23 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. 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. 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 or multipurpose room. A cafeteria.
(B) A library.
(C) A gymnasium.
(D) A multipurpose room.
(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.

(b)

(c) A local educational agency shall report the information required pursuant to subdivision (a) once and update it annually as needed.

(c)(1)The information received by the department pursuant to subdivision (a) shall be consistent with the requirements of subdivisions (c) and (d) of Section 17070.54.

(2)This subdivision shall become operative only if the voters approve the Public Preschool, K–12, and College Health and Safety Bond Act of 2020 at the March 3, 2020, statewide primary election.

(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. 3.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.