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SB-643 School safety: Safe-To-Tell Program.(2023-2024)



Current Version: 04/13/23 - Amended Senate

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SB643:v98#DOCUMENT

Amended  IN  Senate  April 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 643

Introduced by Senator Wilk

February 16, 2023

An act to add Chapter 2.4 (commencing with Section 32256) to Part 19 of Division 1 of Title 1 of the Education Code, relating to school safety.


LEGISLATIVE COUNSEL'S DIGEST


SB 643, as amended, Wilk. School safety: Safe-To-Tell Program.
Existing law requires school districts and county offices of education to be responsible for the overall development of comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the schoolsite council, or the school safety committee if so designated, to consult with a representative from a law enforcement agency, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan, and requires the comprehensive school safety plan and any updates to the plan to be shared with the law enforcement agency, the fire department, and the other first responder entities. Existing law requires the school safety plan to include, among other things, procedures for conducting tactical responses to criminal incidents.

This bill would establish the School Safety Division within the State Department of Education for purposes of administering the Sate-To-Tell Program, which the bill would also establish. The bill would require the program to be administered by the Director of School Safety, who would be appointed by the Superintendent of Public Instruction, and who would be authorized to hire staff as appropriate. The bill would also establish the Safe-To-Tell Program Advisory Committee within the School Safety Division and would require the committee to annually report to the Governor and the Legislature, on or before December 31, specified information relating to the program. The bill would establish the Safe-To-Tell Account in the General Fund for purposes of implementing this chapter, and would require funds in the account to be used, upon appropriation by the Legislature, only for purposes of this chapter. The bill would provide that appropriations from the account shall not count towards satisfying the minimum funding obligation to school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

The bill would require the Director of School Safety to implement the program consistent with specified requirements, including, among others, that any person be able to anonymously report any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted on the property of a local educational agency, as defined, at an activity sponsored by the local educational agency, or on a schoolbus of a local educational agency, and that the program operate a crisis call center, internet website, mobile telephone application, and email address for its purposes. The bill would require the crisis call center to be staffed by individuals with evidence-based counseling and crisis intervention training, to be operational 24 hours per day, every day of the year, and to support and help facilitate a coordinated response by schools, public safety dispatchers, and sworn law enforcement agents to an identified crisis when such a response is to be reasonably expected.

The bill would require all information received by the program to be strictly confidential and would require the School Safety Division to develop specified policies and procedures, including policies and procedures that ensure that if a report filed with the program is determined by the director to be a false report, information about the subject of the false report is immediately removed from the subject pupil’s record, if they are a pupil, including records held by the local educational agency and an individual school, and that the director shall notify any law enforcement agencies previously notified of the report. The bill would require law enforcement agencies notified by the director to remove the report from any records on the subject, unless the report is part of an active criminal investigation. By imposing additional duties on local educational agencies and local law enforcement agencies, the bill would impose a state-mandated local program.

The bill would require each local educational agency to establish school-based teams of at least 3 members of the administrative staff at each of its schools for purposes of receiving notice of any report submitted to the program concerning a respective school. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the School Safety Division to maintain a list of points of contact for each school-based team, local law enforcement dispatch, and law enforcement agencies, and to develop and provide training relating to the program, as specified.

This bill would, upon appropriation by the Legislature for this purpose, require school districts, county offices of education, and charter schools to establish, on or before the 2024–25 school year, an anonymous reporting system, as defined, for any person to anonymously report any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted on the property of a local educational agency or at an activity sponsored by the local educational agency. The bill would require local educational agencies to prominently post information regarding the anonymous reporting system on each schoolsite’s internet website and ensure that a person who submits a report to have the option to remain anonymous. The bill would require local educational agencies to report specified information to the State Department of Education and would require the department to make the reported data available on its internet website, as provided. By imposing additional duties on local educational agencies, the 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 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.

 Chapter 2.4 (commencing with Section 32256) is added to Part 19 of Division 1 of Title 1 of the Education Code, to read:
CHAPTER  2.4. Safe-To-Tell Program

32256.
 This chapter shall be known, and may be cited, as the Saugus Strong Act.

32257.
 For purposes of this chapter, the following definitions apply:
(a) “Anonymous reporting system” means a system that enables any person to submit an anonymous report, including, but not limited to, via a telephone number, call center, internet website, mobile telephone application, or email address.
(b) “Local educational agency” means a school district, county office of education, or charter school.

32258.
 (a) (1) On or before the 2024–25 school year, each local educational agency shall establish an anonymous reporting system for any person to anonymously report any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted on the property of a local educational agency or at an activity sponsored by the local educational agency.
(2) Information regarding the anonymous reporting system shall be prominently posted on each schoolsite’s internet website.
(3) A person who submits a report through the anonymous reporting system shall have the option to remain anonymous.
(b) A local educational agency may meet the requirement of paragraph (1) of subdivision (a) if the local educational agency has previously established an anonymous reporting system that additionally complies with paragraphs (2) and (3) of subdivision (a).
(c) If a local educational agency determines that a report is false and the subject of that report is a pupil, the information shall be immediately removed from the subject pupil’s record.
(d) Nothing in this chapter shall prohibit a local educational agency from contracting with a service to establish an anonymous reporting system or limit the ability of a local educational agency to contact law enforcement when there is an imminent threat to the safety of pupils, staff, or community members.
(e) On or before July 1, 2025, and on or before July 1 annually thereafter, each local educational agency shall report the following information to the department:
(1) Tips by type.
(2) Method by which the tip was received.
(3) The action taken by the public school to ensure the safety of pupils and school staff.
(4) The total number of false reports received.
(f) On or before August 31, 2025, and on or before August 31 annually thereafter, the department shall make the anonymous reporting data received pursuant to subdivision (e) available on its internet website.
(g) The implementation of this chapter is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for purposes of this chapter.

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.
SECTION 1.Chapter 2.4 (commencing with Section 32256) is added to Part 19 of Division 1 of Title 1 of the Education Code, to read:
2.4.Safe-To-Tell Program
32256.

(a)This chapter shall be known, and may be cited, as the Saugus Strong Act.

(b)The School Safety Division is hereby established within the department for purposes administering the Safe-To-Tell Program pursuant to this chapter.

(c)The School Safety Division shall be administered by the Director of School Safety, who shall be appointed by the Superintendent and who may hire staff as appropriate to implement this chapter.

(d)(1)The Safe-To-Tell account is hereby established in the General Fund for purposes of implementing this chapter. Funds in the account shall be used, upon appropriation by the Legislature, only for purposes of this chapter.

(2)Funds appropriated for purposes of this chapter shall not count toward satisfying the minimum funding obligation to school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

32257.

(a)The Safe-To-Tell Program is hereby established within the School Safety Division of the department pursuant to this chapter.

(b)The Director of School Safety shall implement the Safe-To-Tell Program consistent with all of the following requirements:

(1)(A)The program shall enable any person to anonymously report any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted on the property of a local educational agency, at an activity sponsored by the local educational agency, or on a schoolbus of a local educational agency.

(B)The identity of a person who reports information to the program shall not be known by persons operating the program, shall not be disclosed to any person, and shall remain unknown to persons employed by, contracting with, volunteering with, or otherwise assisting any organization operating any program platform.

(C)For purposes of this chapter, “local educational agency” means a school district, county office of education, charter school, or state special school.

(2)(A)(i)The program shall operate a crisis call center, internet website, mobile telephone application, and email address for purposes of the program.

(ii)The crisis call center, internet website, mobile telephone application, and email address shall be operated by the School Safety Division or the department may contract, consistent with the requirements of this chapter and state law, with a qualified organization to operate the crisis call center, internet website, mobile telephone application, or email address.

(B)The crisis call center shall be staffed by individuals with evidence-based counseling and crisis intervention training and shall be operational 24 hours per day, every day of the year, and shall support and help facilitate a coordinated response by schools, public safety dispatchers, and sworn law enforcement agents to an identified crisis when such a response is to be reasonably expected.

(3)The School Safety Division shall develop and implement a triage approach to disseminating anonymous tips based on the severity of the tip.

(4)All information received by the program shall be strictly confidential and the School Safety Division shall develop policies and procedures to ensure all of the following:

(A)All relevant information reported to the program is promptly forwarded to the appropriate public safety agencies and the appropriate school-based teams established pursuant to Section 32259.

(B)A person shall not be compelled to produce or disclose any record or information provided to the program except upon a court order.

(C)If a report filed with the program is determined by the Director of School Safety to be a false report, information about the subject of the false report shall be immediately removed from the subject pupil’s record, if they are a pupil, including records held by the local educational agency and an individual school, and the director shall notify any law enforcement agencies previously notified of the report. Law enforcement agencies notified by the director pursuant to this clause shall remove the report from any records on the subject, unless the report is part of an active criminal investigation.

32258.

(a)The Safe-To-Tell Program Advisory Committee is hereby established within the School Safety Division of the department.

(b)Notwithstanding Section 10231.5 of the Government Code, the committee shall annually report to the Governor and the Legislature, on or before December 31, all of the following information:

(1)The total number of tips received for the previous school year.

(2)The total number of tips received since the program began, disaggregated by school and each of the following:

(A)Tips by type.

(B)Method by which the tip was received.

(C)The total number of false reports received.

(3)The total number of responses to incoming tips disaggregated by disciplinary actions, nondisciplinary actions, and interventions, as well as the gender and race of the pupil subject to the disciplinary action, nondisciplinary action, or intervention.

32259.

(a)Each local educational agency shall establish school-based teams of at least three members of the administrative staff at each of its schools for purposes of receiving notice of any report submitted to the program concerning the respective school.

(b)The School Safety Division shall maintain a list of points of contact for each school-based team, local law enforcement dispatch, and law enforcement agencies.

(c)The School Safety Division shall develop and provide training to all of the following:

(1)Each member of a school-based team concerning the appropriate response to various types of tips.

(2)Pupils and teachers on how to recognize and identify observable warning signs and signals of an individual or peer who may be at risk of harming themselves or others, the importance of taking threats seriously and seeking help, and how to make a report on one of the program platforms.

(3)Law enforcement dispatchers as to how to receive notice of any report submitted to the program that requires response from sworn law enforcement.

(d)Local educational agencies shall not be additionally liable as a result of their participation in the program.

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.