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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1026Introduced by Senator Smallwood-CuevasFebruary 06, 2024 An act to add Section 38006 to the Education Code, relating to school safety. LEGISLATIVE COUNSEL'S DIGESTSB 1026, as introduced, Smallwood-Cuevas. School safety: law enforcement agencies: contracts.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 sheriffs department or private licensed security agency to provide school security services, to do certain things, including 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.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 sheriffs 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 personnel or peace officers employed pursuant to Section 38008, or contracted police officers, law enforcement officials, school security officers, or school resource officers on a school campus, for the purpose of ensuring the safety of personnel and pupils.(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. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1026Introduced by Senator Smallwood-CuevasFebruary 06, 2024 An act to add Section 38006 to the Education Code, relating to school safety. LEGISLATIVE COUNSEL'S DIGESTSB 1026, as introduced, Smallwood-Cuevas. School safety: law enforcement agencies: contracts.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 sheriffs department or private licensed security agency to provide school security services, to do certain things, including 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.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Senate March 11, 2024 | |
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| 7 | - | Amended IN Senate March 11, 2024 | |
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| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
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| 11 | 11 | Senate Bill | |
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| 13 | 13 | No. 1026 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator Smallwood-CuevasFebruary 06, 2024 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Smallwood-Cuevas | |
| 18 | 18 | February 06, 2024 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Section 38006 to the Education Code, relating to school safety. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 1026, as | |
| 26 | + | SB 1026, as introduced, Smallwood-Cuevas. School safety: law enforcement agencies: contracts. | |
| 27 | 27 | ||
| 28 | - | 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 sheriffs department or private licensed security agency to provide school security services, to do certain things, including | |
| 28 | + | 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 sheriffs department or private licensed security agency to provide school security services, to do certain things, including 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.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. | |
| 29 | 29 | ||
| 30 | 30 | 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. | |
| 31 | 31 | ||
| 32 | - | 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 sheriffs department or private licensed security agency to provide school security services, to do certain things, including | |
| 32 | + | 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 sheriffs department or private licensed security agency to provide school security services, to do certain things, including 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. | |
| 33 | 33 | ||
| 34 | 34 | 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. | |
| 35 | 35 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 36 | 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. | |
| 39 | - | ||
| 40 | - | ||
| 41 | 37 | ||
| 42 | 38 | ## Digest Key | |
| 43 | 39 | ||
| 44 | 40 | ## Bill Text | |
| 45 | 41 | ||
| 46 | - | 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 sheriffs 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 | |
| 42 | + | 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 sheriffs 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 personnel or peace officers employed pursuant to Section 38008, or contracted police officers, law enforcement officials, school security officers, or school resource officers on a school campus, for the purpose of ensuring the safety of personnel and pupils.(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. | |
| 47 | 43 | ||
| 48 | 44 | The people of the State of California do enact as follows: | |
| 49 | 45 | ||
| 50 | 46 | ## The people of the State of California do enact as follows: | |
| 51 | 47 | ||
| 52 | - | 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 sheriffs 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 | |
| 48 | + | 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 sheriffs 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 personnel or peace officers employed pursuant to Section 38008, or contracted police officers, law enforcement officials, school security officers, or school resource officers on a school campus, for the purpose of ensuring the safety of personnel and pupils.(b) For purposes of this section local educational agency means a school district, county office of education, or charter school. | |
| 53 | 49 | ||
| 54 | 50 | SECTION 1. Section 38006 is added to the Education Code, immediately following Section 38005, to read: | |
| 55 | 51 | ||
| 56 | 52 | ### SECTION 1. | |
| 57 | 53 | ||
| 58 | - | 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 sheriffs 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 | |
| 54 | + | 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 sheriffs 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 personnel or peace officers employed pursuant to Section 38008, or contracted police officers, law enforcement officials, school security officers, or school resource officers on a school campus, for the purpose of ensuring the safety of personnel and pupils.(b) For purposes of this section local educational agency means a school district, county office of education, or charter school. | |
| 59 | 55 | ||
| 60 | - | 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 sheriffs 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 | |
| 56 | + | 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 sheriffs 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 personnel or peace officers employed pursuant to Section 38008, or contracted police officers, law enforcement officials, school security officers, or school resource officers on a school campus, for the purpose of ensuring the safety of personnel and pupils.(b) For purposes of this section local educational agency means a school district, county office of education, or charter school. | |
| 61 | 57 | ||
| 62 | - | 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 sheriffs 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 | |
| 58 | + | 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 sheriffs 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 personnel or peace officers employed pursuant to Section 38008, or contracted police officers, law enforcement officials, school security officers, or school resource officers on a school campus, for the purpose of ensuring the safety of personnel and pupils.(b) For purposes of this section local educational agency means a school district, county office of education, or charter school. | |
| 63 | 59 | ||
| 64 | 60 | ||
| 65 | 61 | ||
| 66 | 62 | 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 sheriffs department or private licensed security agency to provide school security services, shall do both of the following: | |
| 67 | 63 | ||
| 68 | 64 | (1) Specify the parameters on the use of weapons, including, but not limited to, handcuffs, pepper spray, batons, and firearms, on a school campus. | |
| 69 | 65 | ||
| 70 | - | (2) Specify the roles and responsibilities of | |
| 66 | + | (2) Specify the roles and responsibilities of personnel or peace officers employed pursuant to Section 38008, or contracted police officers, law enforcement officials, school security officers, or school resource officers on a school campus, for the purpose of ensuring the safety of personnel and pupils. | |
| 71 | 67 | ||
| 72 | 68 | (b) For purposes of this section local educational agency means a school district, county office of education, or charter school. | |
| 73 | 69 | ||
| 70 | + | 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. | |
| 74 | 71 | ||
| 72 | + | 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. | |
| 75 | 73 | ||
| 76 | - | 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. | |
| 74 | + | 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. | |
| 75 | + | ||
| 76 | + | ### SEC. 2. |