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SB-150 Governmental liability: railroad quiet zones.(2007-2008)



Current Version: 08/30/07 - Amended Senate

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SB150:v96#DOCUMENT

Amended  IN  Senate  August 30, 2007
Amended  IN  Senate  April 12, 2007
Amended  IN  Senate  March 21, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Senate Bill
No. 150

Introduced  by  Senator Florez

January 29, 2007

An act to amend Section 48980 of, and to add Section 39843 to, the Education Code, relating to pupil safety. An act to add Section 830.7 to the Government Code, relating to governmental liability.


LEGISLATIVE COUNSEL'S DIGEST


SB 150, as amended, Florez. Pupil safety: sex offenders. Governmental liability: railroad quiet zones.
The Federal Railroad Safety Act (FRSA) authorizes the Secretary of Transportation to prescribe regulations and issue orders for railroad safety. Pursuant to the FRSA, the Secretary of Transportation has adopted regulations to provide for safety at public highway-rail grade crossings, as defined, by requiring use of a locomotive horn, as defined, except in quiet zones, as defined, established and maintained by a public entity in accordance with those regulations.
This bill would provide that neither a public entity nor a public employee is liable for an injury caused by the establishment of a quiet zone pursuant to those regulations.

(1)Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. School districts are required to provide pupils who are transported in schoolbuses with instruction in schoolbus emergency procedures and passenger safety, including the provision of schoolbus safety information to certain pupils with regard to walking to and from schoolbus stops. A felony conviction of certain sex offenses within a safe school zone, defined to include areas within 100 feet of a marked schoolbus stop, is considered a circumstance in aggravation in imposing a term of imprisonment under state law.

This bill would require a school district that provides transportation to and from school to pupils in kindergarten or grades 1 to 12, inclusive, to form a task force with local law enforcement agencies to discuss child safety in relation to schoolbus stops and their routes.

(2)Existing law requires the governing board of each school district at the beginning of the first semester or quarter of the regular school term to notify parents or guardians of minor pupils of specified rights and responsibilities of the parent or guardian.

This bill would, in addition, require on or before June 30, 2008, each school district to meet with local law enforcement agencies to discuss procedures that parents or guardians can use to obtain from those law enforcement agencies the addresses of a sexually violent predator, as defined, or a person who is required to register as a sex offender, who resides within the school district, and to notify parents on how to obtain that information.

(3)By requiring school districts to perform additional duties, this bill would impose a state-mandated local program.

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 these statutory provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

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


SECTION 1.

 Section 830.7 is added to the Government Code, to read:

830.7.
 Neither a public entity nor a public employee is liable for an injury caused by the establishment of a quiet zone pursuant to Subpart C (commencing with Section 222.33) of Part 222 of Title 49 of the Code of Federal Regulations.

SECTION 1.Section 39843 is added to the Education Code, to read:
39843.

A school district that provides transportation to and from school to any pupil in kindergarten or in any of grades 1 to 12, inclusive, shall form a task force with local law enforcement agencies to discuss child safety in relation to schoolbus stops and their routes and suggest safe alternative schoolbus stop sites.

SEC. 2.Section 48980 of the Education Code is amended to read:
48980.

(a)At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19.

(b)The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9.

(c)The notification shall also advise the parents and guardians of all pupils attending a school within the district of the schedule of minimum days and pupil-free staff development days, and if any minimum or pupil-free staff development days are scheduled thereafter, the governing board shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day.

(d)The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options including, but not limited to, United States Savings Bonds.

(e)The notification shall advise the parent or guardian of the pupil that each pupil completing 12th grade will be required to successfully pass the high school exit examination administered pursuant to Chapter 8 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination, the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation.

(f)Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) of Chapter 3 of Part 19 shall inform parents or guardians of the program as specified in Section 32390.

(g)The notification shall also include a copy of the written policy of the school district on sexual harassment established pursuant to Section 231.5, as it relates to pupils.

(h)The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. That notification shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. That notification shall also include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification shall also include an explanation of the existing statutory attendance options including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, and Section 48204. The department shall produce this portion of the notification and shall distribute it to all school districts.

(i)It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within their districts and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of California’s pupils.

(j)The notification shall advise the parent or guardian that no pupil may have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205.

(k)The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52244.

(l)(1)On or before June 30, 2008, each school district shall meet with local law enforcement agencies to discuss procedures that parents or guardians can use to obtain from those agencies the information described in paragraph (2).

(2)As a result of the meeting, the notification shall advise the parent or guardian how to obtain from local law enforcement agencies the address of a sexually violent predator, as defined in paragraph (1) of subdivision (a) of Section 6600 of the Welfare and Institutions Code, or a person who is required to register as a sex offender pursuant to Section 290 of the Penal Code, who resides within the school district.

SEC. 3.

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.