BILL NUMBER: AB 699 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Donnelly
FEBRUARY 21, 2013
An act to amend Section 1940 of the add
Article 3.7 (commencing with Section 32230) to Chapter 2 of Part 19
of Division 1 of Title 1 of the Education Code, relating to
education. school safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 699, as amended, Donnelly. County superintendents of
schools: county school service fund. School safety:
Safe School Guarantee.
(1) Existing law imposes various requirements on local educational
agencies with respect to pupil safety.
This bill would express legislative findings and declarations of
the Legislature with respect to school safety. The bill would permit
a parent or guardian of a public elementary or secondary school pupil
to have the option to remove his or her child from an unsafe school,
as defined, and enroll his or her child in another school within the
same school district if a suspension or expulsion of a pupil for any
of several specified offenses has occurred during the current or
immediately preceding school year or an employee of the school is
dismissed by the governing board of the school district for, or is
convicted of, specified offenses. The bill would require that, if no
safe school exists within the same school district, the parent or
guardian shall have the option to transfer his or her child to a safe
school in another school district. Because the bill would impose new
duties on school districts, it would constitute a state-mandated
local program.
(2) 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.
Existing law authorizes a county superintendent of schools, with
approval of the county board of education, to expend county school
service funds for the purpose of administering and accounting for the
county school service fund or to contract with and pay the county
board of supervisors for services rendered in administering and
accounting for the county school service fund.
This bill would make nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 3.7 (commencing with Section
32230) is added to Chapter 2 of Part 19 of Division 1 of
Title 1 of the Education Code , to read:
Article 3.7. The Safe School Guarantee
32230. (a) The Legislature finds and declares all of the
following:
(1) As required by Title IX of the federal No Child Left Behind
Act of 2001 (20 U.S.C. Sec. 6301 et seq.), the state board has
established a policy for identifying schools that may be
"persistently dangerous."
(2) If a school is designated as "persistently dangerous," pupils
of that school should be allowed to transfer to a safe school under
the provisions of the Unsafe School Choice Option required by Title
IX of the federal No Child Left Behind Act of 2001.
(3) Since adoption by the state board of the policy for
identifying schools that may be "persistently dangerous" no school
has been so designated.
(b) It is the intent of the Legislature to accomplish both of the
following:
(1) To define "unsafe school" in the Education Code for the
purposes of the federal No Child Left Behind Act of 2001 in a manner
that is consistent with subdivision (f) of Section 28 of Article I of
the California Constitution, which declares that all "students and
staff of public primary, elementary, junior high, and senior high
schools ... have the inalienable right to attend campuses which are
safe, secure and peaceful."
(2) To give parents and guardians complete and total discretion to
invoke their children's constitutional right to a safe school.
32231. (a) As used in this section, "unsafe school" means a
public elementary or secondary school campus where pupils and staff
have the reasonable apprehension that their person or property is not
secure. The occurrence of any of the incidents listed in subdivision
(b) during the current or immediately preceding school year shall
constitute a rebuttable presumption that the campus where the
incident occurred is an unsafe school.
(b) Notwithstanding any other law or regulation, a parent or
guardian of a public elementary or secondary school pupil shall have
the option to remove his or her child from an unsafe school and
enroll his or her child in another school within the same school
district, if any of the following occur:
(1) A suspension or expulsion of a pupil for any of the causes
listed below has occurred during the current or immediately preceding
school year:
(A) Hate violence within the meaning of Section 48900.3.
(B) Causing serious physical injury to another person, except in
self-defense, within the meaning of subparagraph (A) of paragraph (1)
of subdivision (a) of Section 48915.
(C) Robbery or extortion within the meaning of subparagraph (D) of
paragraph (1) of subdivision (a) of Section 48915.
(D) Assault or battery upon a school employee within the meaning
of subparagraph (E) paragraph (1) of subdivision (a) of Section
48915.
(E) Possessing, selling, or otherwise furnishing a firearm within
the meaning of paragraph (1) of subdivision (c) of Section 48915.
(F) Brandishing a knife at another person within the meaning of
paragraph (2) of subdivision (c) of Section 48915.
(G) Unlawfully selling a controlled substance within the meaning
of paragraph (3) of subdivision (c) of Section 48915.
(H) Committing or attempting to commit a sexual assault or sexual
battery within the meaning of paragraph (4) of subdivision (c) of
Section 48915.
(I) Possession of an explosive within the meaning of paragraph (5)
of subdivision (c) of Section 48915.
(2) An employee of the school is dismissed by the governing board
of the school district for any offense described in Sections 44010
and 44011 of this code, and Sections 11165.2 to 11165.6, inclusive,
of the Penal Code.
(3) An employee of the school is convicted for any of the acts
described in Sections 44010 and 44011 of this code, and Sections
11165.2 to 11165.6, inclusive, of the Penal Code.
(c) If no safe school exists within the same school district, the
parent or guardian shall have the option to transfer his or her child
to a safe school in another school district.
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. Section 1940 of the Education Code
is amended to read:
1940. The county superintendent of schools may, with the approval
of the county board of education, expend county school service funds
for the purpose of administering and accounting for the county
school service fund, or he or she may, with the approval of the
county board of education, contract with and pay the county board of
supervisors for services rendered in administering and accounting for
the county school service fund.