California LAW concerning bullying and your school district's responsibilities — (this is excerpts taken from BullyPolice.org)
Article 3. School Safety Cadre
SEC. 7. Section 32290 of the Education Code is amended and renumbered to read: 32270.
(a) The partnership shall establish a statewide school safety cadre for the purpose of facilitating interagency coordination and collaboration among school districts, county offices of education, youthserving agencies, allied agencies, community-based organizations, and law enforcement agencies to improve school attendance, encourage good citizenship, and to reduce school violence, school crime, including hate crimes, vandalism, drug and alcohol abuse, gang membership and gang violence, truancy rates, bullying, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment.
(b) The partnership may appoint up to 100 professionals from education agencies, community-based organizations, allied agencies, and law enforcement to the statewide cadre.
(c) The partnership shall provide training to the statewide cadre representatives to enable them to initiate and maintain school community safety programs among school districts, county offices of education, youthserving agencies, allied agencies, community-based organizations, and law enforcement agencies in each region.
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SEC. 10. Section 35183 of the Education Code is amended to read: 35183.
(a) The Legislature finds and declares each of the following: (1) The children of this state have the right to an effective public school education. Both students and staff of the primary, elementary, junior and senior high school campuses have the constitutional right to be safe and secure in their persons at school. However, children in many of our public schools are forced to focus on the threat of violence and the messages of violence contained in many aspects of our society, particularly reflected in gang regalia that disrupts the learning environment…..
Article 5. School Safety Plans
SEC. 12. Section 35294 of the Education Code is amended and renumbered to read: 32280. It is the intent of the Legislature that all California public schools, in kindergarten, and grades 1 to 12, inclusive, operated by school districts, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, and other persons who may be interested in the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. For the purposes of this section, law enforcement agencies include local police departments, county sheriffs' offices, school district police or security departments, probation departments, and district attorneys' offices. For purposes of this section, a “safety plan” means a plan to develop strategies aimed at the prevention of, and education about, potential incidents involving crime and violence on the school campus.
SEC. 13. Section 35294.1 of the Education Code, as amended by Section 1 of Chapter 735 of the Statutes of 2002, is amended and renumbered to read: 32281.
(a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. …
(e) (1) When a principal or his or her designee verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime on the schoolsite of an elementary or secondary school at which he or she is the principal, the principal or the principal's designee may send to each pupil's parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. …….
SEC. 14. Section 35294.2 of the Education Code is amended and renumbered to read: 32282.
(a) The comprehensive school safety plan shall include, but not necessarily be limited to, the following: (1) Assessing the current status of school crime committed on school campuses and at school-related functions. (2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety, which shall include the development of all of the following: (A) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Title 1 of Part 4 of the Penal Code. (B) Disaster procedures, routine and emergency including, but not limited to, adaptations for pupils with disabilities in accordance with the American with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). (C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts which would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27. (D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. (E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. ….
(c) Grants to assist schools in implementing their comprehensive school safety plan shall be made available through the partnership as authorized by Section 32285.
(d) Each schoolsite council or school safety planning committee in developing and updating a comprehensive school safety plan shall, where practical, consult, cooper
ate, and coordinate with other schoolsite councils or school safety planning committees.
(e) The comprehensive school safety plan shall be evaluated and amended, as needed, by the school safety planning committee no less than once a year to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public. ….
SEC. 26. Section 35294.13 of the Education Code is amended to read: 35294.13. The Superintendent of Public Instruction shall award grants under this article for one or more of the following purposes:
(a) Providing schools with personnel, including, but not limited to, school counselors, school social workers, school nurses, and school psychologists, who are specially trained in identifying and supporting at-risk children and youth where the applicant demonstrates that appropriate support activities are necessary and would be desirable in addressing identified problems, issues, and needs, including, but not limited to, classes pertaining to anger management and conflict resolution. ….
SEC. 27. Section 35294.21 of the Education Code is amended to read: 35294.21.
(a) When a schoolsite council next reviews and updates its school safety plan pursuant to Article 5 (commencing with Section 32280) of Chapter 2.5 of Part 19 and to the extent it implements its plan, the schoolsite council is encouraged to recognize that there are these three essential components of a successful comprehensive strategic action program for preventing school violence, and it is further encouraged to consider incorporating each of them into its plan: (1) Assuring each pupil a safe physical environment. (2) Assuring each pupil a safe, respectful, accepting, and emotionally nurturing environment. (3) Providing each pupil resiliency skills.
(b) To assure a safe physical environment, a schoolsite council is encouraged to consider including in its school safety plan all of the following: (1) A no tolerance for violence policy and practice. (2) An immediate effective response to violence plan and implementation. (3) A no guns allowed policy. (4) Disallow and discourage the possession of drugs. (5) Provide for smaller schools. (6) Ensure that all staff and pupils, including, but not limited to, pupils with disabilities, know how to report incidents of violence, discrimination, harassment, and abuse.
(c) To assure a safe, respectful, accepting, and emotionally nurturing environment, a schoolsite council is encouraged to consider incorporating strategies to achieve all of the following goals: (1) A school that welcomes the whole child. (2) A nurturing classroom environment. (3) A discipline policy that includes teaching respect and constructive resolution of conflicts. (4) A discipline policy that aims at restoration of mutual respect, relationships, and a sense of community that seeks reintegration of pupils who become alienated through conflict or misbehavior. (5) Administrators, teachers, and classified employees who are prepared through preservice and inservice training to appreciate their critical capacities for constructively engaging pupils. (6) Professional education staff who are sensitive to the needs of pupils of all races, genders, sexual orientations, ethnic and cultural backgrounds, and pupils with disabilities. (7) Parents who are invited and accepting to become meaningfully involved. (8) More emotional support service personnel, including counselors. (9) An adult coach for each pupil. (10) No bullying.
(d) To provide each child resiliency skills, a schoolsite council is encouraged to consider incorporating strategies that will provide each pupil all of the following: (1) Resiliency. (2) Authentic self-esteem. (3) Moral education. (4) An environment free from harassment, discrimination, and violence on any of the bases enumerated in the prohibition of discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. (5) Anger management. (6) Conflict resolution. (7) Peer counseling. (8) Peer mediation….
2001 Cal. Stats., A.B. 79, Chap. 646 Requires the Department of Education to develop model policies on the prevention of bullying and on conflict resolution, makes the model policies available to school districts and authorizes school districts to adopt one or both policies for incorporation into the school safety plan.
PDF file: http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_0051-0100/ab_79_bill_20011010_chaptered.pdf
HTML file: http://www.leginfo.ca.gov/pub/01-02/bill/asm/ab_0051-0100/ab_79_bill_20011010_chaptered.html
(g) The State Department of Education shall develop model policies on the prevention of bullying and on conflict resolution and make the model policies available to school districts. A school district may adopt one or both of these policies for incorporation into its school safety plan.
2001, Cal. Stats., S.B. 257 Specifies that, for school and law enforcement partnership purposes, school crime includes hate crimes and requires the comprehensive school safety plan to include development of a discrimination and harassment policy, as specified, and development of hate crime reporting procedures.
PDF file: http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0251-0300/sb_257_bill_20011014_chaptered.pdf
HTML file: http://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0251-0300/sb_257_bill_20011014_chaptered.html
CA 1998 Cal. Stats., A.B. 499 Charges the State Board of Education to develop guidelines, adopt policies, and fund programs to create a school environment free from discriminatory attitudes and hate violence.
HTML file: http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0451-0500/ab_499_bill_19980928_chaptered.html
PDF file: http://www.leginfo.ca.gov/pub/97-98/bill/asm/ab_0451-0500/ab_499_bill_19980928_chaptered.pdf
