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SB-1026 School safety: school security departments: contracted private licenced security agencies.(2023-2024)

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Date Published: 03/11/2024 09:00 PM
SB1026:v98#DOCUMENT

Amended  IN  Senate  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1026


Introduced by Senator Smallwood-Cuevas

February 06, 2024


An act to add Section 38006 to the Education Code, relating to school safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 1026, as amended, Smallwood-Cuevas. School safety: law enforcement agencies: contracts. school security departments: contracted private licenced security agencies.
Existing law authorizes the governing board of a school district to establish a security department under the supervision of a chief of security as designated by, and under the direction of, the superintendent of the school district and to employ personnel to ensure the safety of school district personnel and pupils, as provided. Existing law authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and employ peace officers to ensure the safety of school district personnel and pupils, as provided. Existing law authorizes the governing board of a school district to contract with a private licensed security agency to ensure the safety of school district personnel and pupils and the security of the real and personal property of the school district when the personnel normally required to provide those services fail to do so because of an emergency or when such an emergency necessitates additional security services, as provided.
This bill would require the governing board of a school district that establishes a security department or police department, and the governing board or body of a local educational agency, as defined, that enters into a contract on or after January 1, 2025, with a local police or sheriff’s department or private licensed security agency to provide school security services, to do certain things, including (1) specify the parameters on the use of weapons, including, but not limited to, handcuffs, pepper spray, batons, and firearms, on a school campus. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program. campus and (2) specify the roles and responsibilities of school administrators, school security department personnel, and contracted school security officers for purposes of ensuring the safety of personnel and pupils, consistent with assigning school administrators primary responsibility for deescalation.

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: YESNO  

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


SECTION 1.

 Section 38006 is added to the Education Code, immediately following Section 38005, to read:

38006.
 (a) The governing board of a school district that establishes a security department or police department pursuant to Section 38000, and the governing board or body of a local educational agency that enters into a contract on or after January 1, 2025, with a local police or sheriff’s department or private licensed security agency to provide school security services, shall do both of the following:
(1) Specify the parameters on the use of weapons, including, but not limited to, handcuffs, pepper spray, batons, and firearms, on a school campus.
(2) Specify the roles and responsibilities of school administrators, school security department personnel or peace officers employed pursuant to Section 38008, or 38000, and contracted police officers, law enforcement officials, school security officers, or school resource officers on a school campus, for the purpose as applicable, for purposes of ensuring the safety of personnel and pupils. pupils, consistent with assigning school administrators primary responsibility for deescalation.
(b) For purposes of this section “local educational agency” means a school district, county office of education, or charter school.

SEC. 2.

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.