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AB-960 School safety: web-based or app-based school safety programs.(2023-2024)

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Date Published: 09/25/2024 02:00 PM
AB960:v92#DOCUMENT

Assembly Bill No. 960
CHAPTER 528

An act to add Section 32280.5 to the Education Code, relating to school safety.

[ Approved by Governor  September 24, 2024. Filed with Secretary of State  September 24, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 960, Mathis. School safety: web-based or app-based school safety programs.
Existing law provides that it is the intent of the Legislature that all public schools, in kindergarten, and grades 1 to 12, inclusive, operated by school districts, in cooperation with specified entities and individuals, develop a comprehensive school safety plan, as provided. Existing law provides that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for each of its schools, as provided.
Existing law, the Charter Schools Act of 1992, provides for the establishment and operation of charter schools, including countywide charter schools, and requires a petition for the establishment of a charter school to contain comprehensive descriptions of various matters and procedures, including procedures that the charter school will follow to ensure the health and safety of pupils and staff. The act requires those procedures to also require the development of a school safety plan, as provided.
This bill would encourage each public school, including charter schools, with an enrollment of 100 pupils or more, to implement a web-based or app-based school safety program that includes specified program parameters, including, among others, (1) a multilayered digital map of the schoolsite that contains key information, including, but not limited to, detailed building floor plans, alphanumeric building identification, gate locations, shut-off valve locations, first aid equipment locations, automated external defibrillator locations, links to 360-degree interior and 360-degree aerial photography, and the location of, and field of view of, schoolsite surveillance cameras, (2) the ability to alert first responders from multiple agencies within a reasonable geographic area from the school in the event of an emergency on or around the schoolsite, to be used only when there is a situation involving imminent danger of serious physical injury or death to a person on school property, and (3) detailed schoolsite information, including, but not limited to, the general schoolsite location, schoolsite size, pupil populations, the schoolsite’s grade levels, the number of staff on campus, the schoolsite’s Wi-Fi connection information, a hierarchy representation of those with responsibility duties, including their name, title, photograph, and contact information, and the emergency procedures for that schoolsite. If a school implements a web-based or app-based school safety program, the bill would require the school to ensure that the program developers ensure that best practices are implemented to protect the security and data of all pupils and staff listed within the program, and would require the program developers to, among other things, comply with specified laws and make the best practices publicly available. The bill would require certain information implemented under these provisions to be kept confidential and to be exempt from public disclosure, as provided.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 32280.5 is added to the Education Code, to read:

32280.5.
 (a) On or before July 1, 2030, each public school, including charter schools, with an enrollment of 100 pupils or more is encouraged to implement a web-based or app-based school safety program that includes the following program parameters:
(1) A common alphanumeric grid mapping system for the identification of all buildings and locations upon the schoolsite that is replicable across all schoolsites in the state, with each building within the mapped system having conspicuous signage upon all corners of the structure listing the alphanumeric identification and any other pertinent information.
(2) A multilayered digital map of the schoolsite that contains key information, including, but not limited to, detailed building floor plans, alphanumeric building identification, gate locations, shut-off valve locations, first aid equipment locations, automated external defibrillator locations, links to 360-degree interior and 360-degree aerial photography, and the location of, and field of view of, schoolsite surveillance cameras.
(3) The ability to place time stamped event markers on the digital map that identify important information about a crisis, including, but not limited to, injuries, hazards, suspect sightings, and safety zones.
(4) (A) The ability to alert first responders from multiple agencies within a reasonable geographic area from the school in the event of an emergency on or around the schoolsite.
(B) A designated schoolsite administrator or staff member may request law enforcement assistance using the web-based or app-based school safety program only when there is a situation involving imminent danger of serious physical injury or death to a person on school property, and shall not request law enforcement assistance in a situation that can be safely and appropriately handled by the school’s internal pupil disciplinary procedures, even if a parent or guardian requests the designated schoolsite administrator or staff member to request law enforcement assistance. A parent or guardian who requests the designated schoolsite administrator or staff member to request law enforcement assistance when there is no imminent danger of serious physical injury or death to a person on school property shall be informed that school policy requires alternative measures to be taken to respond to the situation. The designated schoolsite administrator or staff member shall provide the parent or guardian with a list of alternative measures that may be taken to respond to the situation, along with any community resources that may be used, as appropriate.
(5) (A) Remote access for first responders to connect to a schoolsite’s surveillance system, with each camera having alphanumeric identification, displaying the direction of the camera’s view, and including a brief description of what is seen within the camera’s field of view.
(B) First responders may connect to a schoolsite’s surveillance system only when a designated schoolsite administrator or staff member requests law enforcement assistance for a situation involving imminent danger of serious physical injury or death to a person on school property.
(6) Detailed schoolsite information, including, but not limited to, both of the following:
(A) The general schoolsite location, schoolsite size, pupil populations, the schoolsite’s grade levels, and the number of staff on campus.
(B) The schoolsite’s Wi-Fi connection information, a hierarchy representation of those with responsibility duties, including their name, title, photograph, and contact information, and the emergency procedures for that schoolsite.
(7) (A) The ability for school administrators to know the location and condition of pupils and staff through an information relay built into the application in order to allow for schoolsite staff to designate pupils as “absent,” “present,” “missing,” “injured,” and “reconnect,” based upon their accurate accounting, with the “reconnect” feature including a messaging system that notifies each pupil’s emergency contacts when that pupil has been safely secured by an authorized emergency contact.
(B) The web-based or app-based school safety program shall not use biometric information or require pupils or staff to use or install an app that provides real-time location tracking.
(8) A one-directional message service that allows the program director and the schoolsite primary contact to keep schoolsite staff up to date with current, urgent details.
(9) The ability to operate the program to conduct emergency practice drills and archive dates, times, and comments related to an emergency practice drill.
(b) If a school implements a web-based or app-based school safety program pursuant to subdivision (a), the school shall ensure that the program developers ensure that best practices are implemented to protect the security and data of all pupils and staff listed within the program. The program developers shall, at a minimum, do all of the following:
(1) Consult with the department to ensure that the best practices and requirements described in this section are met.
(2) Comply with the Student Online Personal Information Protection Act (Chapter 22.2 (commencing with Section 22584) of Division 8 of the Business and Professions Code).
(3) Comply with the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g).
(4) Make the contract between the school and the program developers publicly available.
(5) Make the best practices followed by the program developers publicly available.
(c) This section does not preclude the governing board or body of a local educational agency from implementing more stringent or additional requirements regarding school safety programs.
(d) Paragraphs (1) and (2) of, and subparagraph (B) of paragraph (6) of, subdivision (a), contain sensitive and tactical response information that is critical to the safety and well-being of public schools and their pupils. Therefore, the information in paragraphs (1) and (2) of, and subparagraph (B) of paragraph (6) of, subdivision (a), shall be kept confidential, except as otherwise required for purposes of implementing the section, and shall be exempt from any school safety plan disclosure requirements under this article and from disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(e) For purposes of this section, the following definitions apply:
(1) “Biometric information” has the same meaning as defined in Section 1798.140 of the Civil Code.
(2) “Imminent danger of serious physical injury or death” means that based on the totality of the circumstances, a reasonable person in the same situation would believe that an individual has the present ability, opportunity, and apparent intent to immediately cause serious physical injury or death to a person. “Imminent danger of serious physical injury or death” is not merely a fear of future harm, no matter how great the fear or likelihood of the harm, but is a fear of future harm that, from appearances, must be instantly confronted and addressed.
(3) “Serious physical injury” means bodily injury that involves a substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 32280.5 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:
In order to protect sensitive and tactical response information that is critical to the safety and well-being of public schools and their pupils, it is necessary that the information described in paragraphs (1) and (2) of, and subparagraph (B) of paragraph (6) of, subdivision (a) of Section 32280.5 of the Education Code, which is added by Section 1 of this act, is kept confidential.