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AB-216 School safety: Pupil and Staff Safety Pilot Program.(2019-2020)

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Date Published: 01/07/2020 09:00 PM
AB216:v95#DOCUMENT

Amended  IN  Assembly  January 07, 2020
Amended  IN  Assembly  January 06, 2020
Amended  IN  Assembly  April 09, 2019
Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 216

Introduced by Assembly Member Weber

January 15, 2019

An act to add and repeal Article 5.3 (commencing with Section 49007) of Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, relating to school safety.


LEGISLATIVE COUNSEL'S DIGEST


AB 216, as amended, Weber. School safety: Pupil and Staff Safety Pilot Program.
Existing law prohibits a person employed by or engaged in a public school from inflicting, or causing to be inflicted, corporal punishment upon a pupil. Existing law prohibits an educational provider, as defined, from using a behavioral restraint or seclusion in certain circumstances, including, but not limited to, using seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation, and prohibits the use of certain restraint and seclusion techniques.
This bill would establish the Pupil and Staff Safety Pilot Program to be administered by through the “Scale Up MTSS Statewide” (SUMS) project, in consultation with the State Department of Education. The program would authorize county offices of education local educational agencies, as defined, to apply to the department for grants to award to applicant local educational agencies, as defined, for pilot program funds for the purpose of training staff who have contact or interaction with pupils on deescalation techniques and alternatives to physical restraint and seclusion of pupils. The bill would require a local educational agency that provides training pursuant to the pilot program to keep records of the training and to report on its implementation of the training to the department. administrator of the SUMS project and the Superintendent of Public Instruction, as specified. The bill would require the department, within 6 months of Superintendent, once all pilot program funds being are expended, to conduct and submit a summary of the local educational agency reports the Superintendent received to the Legislature an evaluation of the pilot program and to notify the Secretary of State of the conclusion of the pilot program. Legislature, the Department of Finance, the State Board of Education, and the Legislative Analyst’s Office. The bill would make implementation of the pilot program contingent upon one-time funds being provided for its purposes, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 5.3 (commencing with Section 49007) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read:
Article  5.3. Pupil and Staff Safety Pilot Program

49007.
 (a) The Pupil and Staff Safety Pilot Program is hereby established under the administration of established, to be administered through the “Scale Up MTSS Statewide” (SUMS) project established in Section 57 of Chapter 13 of the Statutes of 2015, in consultation with the department.

(b)County offices of education may apply to the department for pilot program grants. Moneys from those grants shall be awarded to local educational agencies that voluntarily apply for those funds

(b) Local educational agencies may apply for pilot program funds for the purpose of training staff who have contact or interaction with pupils on deescalation techniques and alternatives to physical restraint and seclusion of pupils.
(c) In awarding pilot program funds, priority shall be given to local educational agencies with a higher rate of seclusion or restraint of pupils or a significant disproportionality in pupil discipline, as demonstrated by data submitted to the department as required by state or federal law.

(c)

(d) For purposes of this article, “local educational agency” includes a county office of education, a school district, or a charter school. school, the California School for the Deaf, or the California School for the Blind. “Local educational agency” also includes a consortium of local educational agencies.

49007.2.
 (a) A local educational agency that provides training pursuant to the pilot program shall provide the training to staff who have contact or interaction with pupils. The training shall satisfy all of the following conditions:
(1) It shall be conducted by persons licensed or certified in fields related to the evidence-based practices and interventions being taught.
(2) It shall be taught in a manner consistent with the development and implementation of individualized education programs.
(3) It shall be consistent with the requirements of Article 5.2 (commencing with Section 49005), relating to pupil discipline.
(b) The content of the training shall include, but is not limited to, all of the following:
(1) Positive behavioral intervention and supports, including collection, analysis, and use of data to inform, plan, and implement behavioral supports.
(2) How to understand and address challenging behaviors, including evidence-based strategies for preventing those behaviors.
(3) Evidence-based interventions for reducing and replacing challenging behaviors, including deescalation techniques.
(c) (1)A local educational agency shall, once it expends its pilot program funds, report to the department administrator of the SUMS project on its implementation of the pilot program training. training and any available outcome data.

(2)A local educational agency shall maintain written records of the training, and shall provide written verification of the training upon request.

(d)Training provided as part of the pilot program may be provided in accordance with the state’s Multi-Tiered System of Support framework developed under the “Scale Up MTSS Statewide” (SUMS) project.

(e)It is the intent of the Legislature that training provided as part of the pilot program incorporate, to the extent applicable, the elements of the proposed state-approved crisis intervention training program, as defined in paragraph (17) of Section 4 of House Resolution 7124, as introduced by the 115th Congress on November 14, 2018.

49007.4.
 (a) Implementation of the pilot program pursuant to this article is contingent upon one-time funds being provided for its purposes. Those funds may include, but are not limited to, federal funds or an appropriation in the annual Budget Act or another statute.

(b)The department shall do both of the following within six months of all pilot program funds being expended:

(1)Using the reports provided pursuant to paragraph (1) of subdivision (c) of Section 49007.2, conduct and submit to the Legislature in compliance with Section 9795 of the Government Code an evaluation of the pilot program.

(2)Notify the Secretary of State of the date the evaluation is due pursuant to paragraph (1) and the corresponding date this article will become inoperative pursuant to subdivision (c).

(b) (1) By September 30 of each fiscal year until a local educational agency has fully expended its pilot program funds, the local educational agency shall submit a report to the Superintendent summarizing how the local educational agency used the pilot program funds in the prior fiscal year. Each annual report shall include all of the following:
(A) A summary of the training conducted.
(B) The number of local educational agencies, educators, and pupils served by the training.
(C) A summary of any data that is available on outcomes resulting from the training conducted, which may include, but is not limited to, outcome data related to restraint and seclusion of pupils.
(2) Once all pilot program funds are fully expended, the Superintendent shall submit a summary of the annual reports received pursuant to paragraph (1) to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the state board, and the Legislative Analyst’s Office.
(c) This article shall remain in effect only until four years after the date the evaluation summary is due pursuant to paragraph (1) (2) of subdivision (b), and shall be repealed as of January 1 of the following year.