Home - Bills - Bill - Authors - Dates - Keywords - Tags - Locations
| Measure | SB 98 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Authors |
Pérez
Principle Coauthors: Sharp-Collins Coauthors: Arreguín Caballero Gonzalez Padilla Calderon Garcia Mark González Ortega Solache Addis |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Subject | Elementary, secondary, and postsecondary education: immigration enforcement: notification. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Relating To | relating to education. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Title | An act to amend Sections 47605 and 47605.6 of, to amend, repeal, and add Sections 32282 and 66093.3 of, and to add, repeal, and add Section 47606.3 of, the Education Code, relating to education, and declaring the urgency thereof, to take effect immediately. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Last Action Dt | 2025-09-20 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| State | Chaptered | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Status | Chaptered | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Active? | Y | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Vote Required | Two Thirds | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Appropriation | No | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Fiscal Committee | Yes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Local Program | Yes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Substantive Changes | None | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Urgency | Yes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Tax Levy | No | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Leginfo Link | Bill | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Actions |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Keywords |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Tags |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Versions |
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Last Version Text | <?xml version="1.0" ?> <ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd"> <ns0:Description> <ns0:Id>20250SB__009891CHP</ns0:Id> <ns0:VersionNum>91</ns0:VersionNum> <ns0:History> <ns0:Action> <ns0:ActionText>INTRODUCED</ns0:ActionText> <ns0:ActionDate>2025-01-23</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_SENATE</ns0:ActionText> <ns0:ActionDate>2025-03-11</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_SENATE</ns0:ActionText> <ns0:ActionDate>2025-03-24</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_SENATE</ns0:ActionText> <ns0:ActionDate>2025-04-02</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-06-23</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-08-21</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-08-28</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>PASSED_ASSEMBLY</ns0:ActionText> <ns0:ActionDate>2025-09-02</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>PASSED_SENATE</ns0:ActionText> <ns0:ActionDate>2025-09-02</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>ENROLLED</ns0:ActionText> <ns0:ActionDate>2025-09-04</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>CHAPTERED</ns0:ActionText> <ns0:ActionDate>2025-09-20</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>APPROVED</ns0:ActionText> <ns0:ActionDate>2025-09-20</ns0:ActionDate> </ns0:Action> <ns0:Action> <ns0:ActionText>FILED</ns0:ActionText> <ns0:ActionDate>2025-09-20</ns0:ActionDate> </ns0:Action> </ns0:History> <ns0:LegislativeInfo> <ns0:SessionYear>2025</ns0:SessionYear> <ns0:SessionNum>0</ns0:SessionNum> <ns0:MeasureType>SB</ns0:MeasureType> <ns0:MeasureNum>98</ns0:MeasureNum> <ns0:MeasureState>CHP</ns0:MeasureState> <ns0:ChapterYear>2025</ns0:ChapterYear> <ns0:ChapterType>CHP</ns0:ChapterType> <ns0:ChapterSessionNum>0</ns0:ChapterSessionNum> <ns0:ChapterNum>124</ns0:ChapterNum> </ns0:LegislativeInfo> <ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Pérez</ns0:AuthorText> <ns0:AuthorText authorType="PRINCIPAL_COAUTHOR_OPPOSITE">(Principal coauthor: Assembly Member Sharp-Collins)</ns0:AuthorText> <ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthors: Senators Arreguín, Caballero, Gonzalez, and Padilla)</ns0:AuthorText> <ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthors: Assembly Members Calderon, Garcia, Mark González, Ortega, Solache, and Addis)</ns0:AuthorText> <ns0:Authors> <ns0:Legislator> <ns0:Contribution>LEAD_AUTHOR</ns0:Contribution> <ns0:House>SENATE</ns0:House> <ns0:Name>Pérez</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>PRINCIPAL_COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Sharp-Collins</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>SENATE</ns0:House> <ns0:Name>Arreguín</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>SENATE</ns0:House> <ns0:Name>Caballero</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>SENATE</ns0:House> <ns0:Name>Gonzalez</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>SENATE</ns0:House> <ns0:Name>Padilla</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Calderon</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Garcia</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Mark González</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Ortega</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Solache</ns0:Name> </ns0:Legislator> <ns0:Legislator> <ns0:Contribution>COAUTHOR</ns0:Contribution> <ns0:House>ASSEMBLY</ns0:House> <ns0:Name>Addis</ns0:Name> </ns0:Legislator> </ns0:Authors> <ns0:Title> An act to amend Sections 47605 and 47605.6 of, to amend, repeal, and add Sections 32282 and 66093.3 of, and to add, repeal, and add Section 47606.3 of, the Education Code, relating to education, and declaring the urgency thereof, to take effect immediately.</ns0:Title> <ns0:RelatingClause>education, and declaring the urgency thereof, to take effect immediately</ns0:RelatingClause> <ns0:GeneralSubject> <ns0:Subject>Elementary, secondary, and postsecondary education: immigration enforcement: notification.</ns0:Subject> </ns0:GeneralSubject> <ns0:DigestText> <html:p> (1) <html:span class="EnSpace"/> Under existing law, each school district and county office of education is responsible for the overall development, as specified, of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires a comprehensive school safety plan to, among other things, identify 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. </html:p> <html:p>This bill would additionally require, until January 1, 2031, when a comprehensive school safety plan is next reviewed and updated, or by no later than March 1, 2026, those plans to include procedures specifically designed to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence of immigration enforcement, as defined, on the schoolsite.</html:p> <html:p>Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial. One of those bases for denying a petition is if the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in the comprehensive school safety plan of a school district or county office of education.</html:p> <html:p>This bill would authorize, until January 1, 2031, a chartering authority to deny a charter school petition that does not include in its proposed development of a school safety plan the same provisions on procedures and policies relating to notifying parents and guardians of pupils, teachers, administrators, and charter school personnel when the charter school confirms the presence of immigration enforcement, as defined, on the schoolsite as are required by the bill in a school district or county office of education comprehensive school safety plan. The bill also would make conforming changes.</html:p> <html:p>To the extent that this bill would impose new duties on local educational agencies, the bill would impose a state-mandated local program.</html:p> <html:p> (2) <html:span class="EnSpace"/> Existing law establishes the California State University, under the administration of the Trustees of the California State University, the University of California, under the administration of the Regents of the University of California, the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, and independent institutions of higher education as 4 segments of postsecondary education in the state. </html:p> <html:p>Existing law requires the Trustees of the California State University, the governing boards of community college districts, and independent institutions of higher education that are qualifying institutions for purposes of the Cal Grant Program, and requests the Regents of the University of California, to the fullest extent consistent with state and federal law, to implement various precautionary measures when federal immigration enforcement activities are undertaken on campuses of those segments, as specified, including, among others, that those postsecondary entities advise all students, faculty, and staff to notify the office of the chancellor or president, or their designee, as soon as possible, if they are advised that an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order.</html:p> <html:p>This bill would require, until January 1, 2031, those postsecondary educational entities, and each campus of those postsecondary educational entities, to notify, as specified, all students, faculty, staff, and other campus community members who work on campus when the presence of immigration enforcement, as defined, is confirmed on campus. To the extent that the bill would impose new duties on community college districts, the bill would impose a state-mandated local program.</html:p> <html:p>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.</html:p> <html:p>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.</html:p> <html:p>This bill would declare that it is to take effect immediately as an urgency statute.</html:p> </ns0:DigestText> <ns0:DigestKey> <ns0:VoteRequired>TWO_THIRDS</ns0:VoteRequired> <ns0:Appropriation>NO</ns0:Appropriation> <ns0:FiscalCommittee>YES</ns0:FiscalCommittee> <ns0:LocalProgram>YES</ns0:LocalProgram> </ns0:DigestKey> <ns0:MeasureIndicators> <ns0:ImmediateEffect>YES</ns0:ImmediateEffect> <ns0:ImmediateEffectFlags> <ns0:Urgency>YES</ns0:Urgency> <ns0:TaxLevy>NO</ns0:TaxLevy> <ns0:Election>NO</ns0:Election> <ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses> <ns0:BudgetBill>NO</ns0:BudgetBill> <ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill> </ns0:ImmediateEffectFlags> </ns0:MeasureIndicators> </ns0:Description> <ns0:Bill id="bill"> <ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble> <ns0:BillSection id="id_2893ED3E-34A2-4E6E-924C-A6B3569651E1"> <ns0:Num>SECTION 1.</ns0:Num> <ns0:Content> <html:p>The Legislature finds and declares both of the following:</html:p> <html:p> (a) <html:span class="EnSpace"/> California is responsible for ensuring access to a quality education. </html:p> <html:p> (b) <html:span class="EnSpace"/> Ensuring access to a quality education includes creating a safe and an inclusive campus environment for all students, regardless of their backgrounds or origins. </html:p> </ns0:Content> </ns0:BillSection> <ns0:BillSection id="id_A68632D1-D8EC-4A4C-AA60-F046C0ABC5D2"> <ns0:Num>SEC. 2.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'19.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'32282.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 32282 of the <ns0:DocName>Education Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_0661FDB8-3511-44A9-87C1-311777C2E065"> <ns0:Num>32282.</ns0:Num> <ns0:LawSectionVersion id="id_DB4C2609-EE46-4EB6-8ED4-90FD9E836CDE"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> The comprehensive school safety plan shall include, but not be limited to, all of the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> Assessing the current status of school crime committed on school campuses and at school-related functions. </html:p> <html:p> (2) <html:span class="EnSpace"/> 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: </html:p> <html:p> (A) <html:span class="EnSpace"/> Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. </html:p> <html:p> (B) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following: </html:p> <html:p> (I) <html:span class="EnSpace"/> Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: </html:p> <html:p> (ia) <html:span class="EnSpace"/> A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan. </html:p> <html:p> (ib) <html:span class="EnSpace"/> A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools. </html:p> <html:p> (ic) <html:span class="EnSpace"/> Protective measures to be taken before, during, and following an earthquake. </html:p> <html:p> (id) <html:span class="EnSpace"/> A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. </html:p> <html:p> (II) <html:span class="EnSpace"/> Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community. </html:p> <html:p> (III) <html:span class="EnSpace"/> (ia) <html:span class="EnSpace"/> Commencing with the 2026–27 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the school’s boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the school’s boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the school’s boundaries. </html:p> <html:p> (ib) <html:span class="EnSpace"/> Commencing with the 2026–27 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate. </html:p> <html:p> (ic) <html:span class="EnSpace"/> For purposes of this subclause, “operational area” means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the state’s emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i). </html:p> <html:p> (iii) <html:span class="EnSpace"/> (I) <html:span class="EnSpace"/> After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupil’s ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. </html:p> <html:p> (II) <html:span class="EnSpace"/> Subclause (I) does not prohibit a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted. </html:p> <html:p> (iv) <html:span class="EnSpace"/> All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information. </html:p> <html:p> (C) <html:span class="EnSpace"/> 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 that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2. </html:p> <html:p> (D) <html:span class="EnSpace"/> Procedures to notify teachers of dangerous pupils pursuant to Section 49079. </html:p> <html:p> (E) <html:span class="EnSpace"/> A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. </html:p> <html:p> (F) <html:span class="EnSpace"/> The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, “gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950. </html:p> <html:p> (G) <html:span class="EnSpace"/> Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. </html:p> <html:p> (H) <html:span class="EnSpace"/> A safe and orderly environment conducive to learning at the school. </html:p> <html:p> (I) <html:span class="EnSpace"/> The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6. </html:p> <html:p> (J) <html:span class="EnSpace"/> Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. </html:p> <html:p> (K) <html:span class="EnSpace"/> If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill: </html:p> <html:p> (i) <html:span class="EnSpace"/> (I) <html:span class="EnSpace"/> The school shall not conduct a high-intensity drill. </html:p> <html:p> (II) <html:span class="EnSpace"/> For purposes of this clause, “high-intensity drill” means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill. </html:p> <html:p> (iii) <html:span class="EnSpace"/> The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following: </html:p> <html:p> (I) <html:span class="EnSpace"/> Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals. </html:p> <html:p> (II) <html:span class="EnSpace"/> Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drill’s expected length of time. </html:p> <html:p> (III) <html:span class="EnSpace"/> The ability for parents or guardians to opt their child or children out of the drills. </html:p> <html:p> (IV) <html:span class="EnSpace"/> An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded. </html:p> <html:p> (V) <html:span class="EnSpace"/> A notice to all parents and guardians after the drill has concluded. </html:p> <html:p> (VI) <html:span class="EnSpace"/> The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources. </html:p> <html:p> (L) <html:span class="EnSpace"/> Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school. </html:p> <html:p> (M) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan. </html:p> <html:p> (N) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> When a comprehensive school safety plan is next reviewed and updated, but by no later than March 1, 2026, procedures specifically designed to notify parents and guardians of pupils, teachers, administrators, and school personnel when the school confirms the presence of immigration enforcement on the schoolsite. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The content and timing of a notification provided under the procedures in clause (i) shall consider the safety and well-being of the pupils, employees, and community members of the schoolsite when determining when and how to issue the notification to parents and guardians of pupils, teachers, administrators, and school personnel. </html:p> <html:p> (iii) <html:span class="EnSpace"/> The notification provided under the procedures in clause (i) may also include a hyperlink to additional resources for families with information about their educational rights, state laws that protects parents’ and students’ privacy and confidentiality, and, if available, counseling or support services, which may include services that support families impacted by immigration enforcement and model policies adopted by the local educational agency pursuant to subdivision (g) of Section 234.7. </html:p> <html:p> (iv) <html:span class="EnSpace"/> A notification provided under the procedures in clause (i) shall not include any personally identifiable information. </html:p> <html:p> (v) <html:span class="EnSpace"/> For purposes of this subparagraph, “immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. </html:p> <html:p> (O) <html:span class="EnSpace"/> For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose. </html:p> <html:p> (3) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils’ social-emotional, mental health, and academic needs. </html:p> <html:p> (ii) <html:span class="EnSpace"/> A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school. </html:p> <html:p> (B) <html:span class="EnSpace"/> Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs. </html:p> <html:p> (C) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> For purposes of this paragraph, “temporarily reassigned” means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupil’s parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended. </html:p> <html:p> (D) <html:span class="EnSpace"/> This paragraph applies to school districts, county offices of education, and charter schools. </html:p> <html:p> (b) <html:span class="EnSpace"/> It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the department’s Safe Schools and Violence Prevention Center and the Attorney General’s Crime and Violence Prevention Center entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety. </html:p> <html:p> (c) <html:span class="EnSpace"/> Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees. </html:p> <html:p> (d) <html:span class="EnSpace"/> The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least 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. </html:p> <html:p> (e) <html:span class="EnSpace"/> As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. </html:p> <html:p> (f) <html:span class="EnSpace"/> The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288. </html:p> <html:p> (g) <html:span class="EnSpace"/> The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary. </html:p> <html:p> (h) <html:span class="EnSpace"/> On or before March 1, 2025, the Superintendent shall develop and post on the department’s internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. </html:p> <html:p> (i) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2031, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_BA0E670A-D322-438C-8774-A8ECFD1CAA17"> <ns0:Num>SEC. 3.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'19.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'32282.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 32282 is added to the <ns0:DocName>Education Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_003713EA-09A3-44D4-A470-0CFBC0114918"> <ns0:Num>32282.</ns0:Num> <ns0:LawSectionVersion id="id_64D14ABE-CF86-4CE9-8DFD-3C220AE5AFE7"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> The comprehensive school safety plan shall include, but not be limited to, all of the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> Assessing the current status of school crime committed on school campuses and at school-related functions. </html:p> <html:p> (2) <html:span class="EnSpace"/> 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: </html:p> <html:p> (A) <html:span class="EnSpace"/> Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. </html:p> <html:p> (B) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following: </html:p> <html:p> (I) <html:span class="EnSpace"/> Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: </html:p> <html:p> (ia) <html:span class="EnSpace"/> A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan. </html:p> <html:p> (ib) <html:span class="EnSpace"/> A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools. </html:p> <html:p> (ic) <html:span class="EnSpace"/> Protective measures to be taken before, during, and following an earthquake. </html:p> <html:p> (id) <html:span class="EnSpace"/> A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. </html:p> <html:p> (II) <html:span class="EnSpace"/> Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community. </html:p> <html:p> (III) <html:span class="EnSpace"/> (ia) <html:span class="EnSpace"/> Commencing with the 2026–27 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the school’s boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the school’s boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the school’s boundaries. </html:p> <html:p> (ib) <html:span class="EnSpace"/> Commencing with the 2026–27 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate. </html:p> <html:p> (ic) <html:span class="EnSpace"/> For purposes of this subclause, “operational area” means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the state’s emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i). </html:p> <html:p> (iii) <html:span class="EnSpace"/> (I) <html:span class="EnSpace"/> After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupil’s ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. </html:p> <html:p> (II) <html:span class="EnSpace"/> Subclause (I) does not prohibit a school employee, a pupil’s parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted. </html:p> <html:p> (iv) <html:span class="EnSpace"/> All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information. </html:p> <html:p> (C) <html:span class="EnSpace"/> 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 that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2. </html:p> <html:p> (D) <html:span class="EnSpace"/> Procedures to notify teachers of dangerous pupils pursuant to Section 49079. </html:p> <html:p> (E) <html:span class="EnSpace"/> A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. </html:p> <html:p> (F) <html:span class="EnSpace"/> The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, “gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950. </html:p> <html:p> (G) <html:span class="EnSpace"/> Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. </html:p> <html:p> (H) <html:span class="EnSpace"/> A safe and orderly environment conducive to learning at the school. </html:p> <html:p> (I) <html:span class="EnSpace"/> The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6. </html:p> <html:p> (J) <html:span class="EnSpace"/> Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. </html:p> <html:p> (K) <html:span class="EnSpace"/> If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill: </html:p> <html:p> (i) <html:span class="EnSpace"/> (I) <html:span class="EnSpace"/> The school shall not conduct a high-intensity drill. </html:p> <html:p> (II) <html:span class="EnSpace"/> For purposes of this clause, “high-intensity drill” means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill. </html:p> <html:p> (iii) <html:span class="EnSpace"/> The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following: </html:p> <html:p> (I) <html:span class="EnSpace"/> Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals. </html:p> <html:p> (II) <html:span class="EnSpace"/> Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drill’s expected length of time. </html:p> <html:p> (III) <html:span class="EnSpace"/> The ability for parents or guardians to opt their child or children out of the drills. </html:p> <html:p> (IV) <html:span class="EnSpace"/> An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded. </html:p> <html:p> (V) <html:span class="EnSpace"/> A notice to all parents and guardians after the drill has concluded. </html:p> <html:p> (VI) <html:span class="EnSpace"/> The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources. </html:p> <html:p> (L) <html:span class="EnSpace"/> Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school. </html:p> <html:p> (M) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan. </html:p> <html:p> (N) <html:span class="EnSpace"/> For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose. </html:p> <html:p> (3) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils’ social-emotional, mental health, and academic needs. </html:p> <html:p> (ii) <html:span class="EnSpace"/> A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school. </html:p> <html:p> (B) <html:span class="EnSpace"/> Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs. </html:p> <html:p> (C) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> For purposes of this paragraph, “temporarily reassigned” means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupil’s parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended. </html:p> <html:p> (D) <html:span class="EnSpace"/> This paragraph applies to school districts, county offices of education, and charter schools. </html:p> <html:p> (b) <html:span class="EnSpace"/> It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the department’s Safe Schools and Violence Prevention Center and the Attorney General’s Crime and Violence Prevention Center entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety. </html:p> <html:p> (c) <html:span class="EnSpace"/> Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees. </html:p> <html:p> (d) <html:span class="EnSpace"/> The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least 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. </html:p> <html:p> (e) <html:span class="EnSpace"/> As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. </html:p> <html:p> (f) <html:span class="EnSpace"/> The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288. </html:p> <html:p> (g) <html:span class="EnSpace"/> The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary. </html:p> <html:p> (h) <html:span class="EnSpace"/> On or before March 1, 2025, the Superintendent shall develop and post on the department’s internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. </html:p> <html:p> (i) <html:span class="EnSpace"/> This section shall become operative on January 1, 2031. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_145C5442-C312-44E6-BB64-CB9AB553F535"> <ns0:Num>SEC. 4.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'26.8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'47605.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 47605 of the <ns0:DocName>Education Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_F161274F-454F-4A4C-A1BB-8AA27585E539"> <ns0:Num>47605.</ns0:Num> <ns0:LawSectionVersion id="id_6102C72E-7231-4A82-A551-18B12BECEA6F"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Except as set forth in paragraph (2), a petition for the establishment of a charter school within a school district may be circulated by one or more persons seeking to establish the charter school. A petition for the establishment of a charter school shall identify a single charter school that will operate within the geographic boundaries of that school district. A charter school may propose to operate at multiple sites within the school district if each location is identified in the charter school petition. The petition may be submitted to the governing board of the school district for review after either of the following conditions is met: </html:p> <html:p> (A) <html:span class="EnSpace"/> The petition is signed by a number of parents or legal guardians of pupils that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the charter school for its first year of operation. </html:p> <html:p> (B) <html:span class="EnSpace"/> The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the charter school during its first year of operation. </html:p> <html:p> (2) <html:span class="EnSpace"/> A petition that proposes to convert an existing public school to a charter school that would not be eligible for a loan pursuant to subdivision (c) of Section 41365 may be circulated by one or more persons seeking to establish the charter school. The petition may be submitted to the governing board of the school district for review after the petition is signed by not less than 50 percent of the permanent status teachers currently employed at the public school to be converted. </html:p> <html:p> (3) <html:span class="EnSpace"/> A petition shall include a prominent statement that a signature on the petition means that the parent or legal guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. </html:p> <html:p> (4) <html:span class="EnSpace"/> After receiving approval of its petition, a charter school that proposes to expand operations to one or more additional sites or grade levels shall request a material revision to its charter and shall notify the chartering authority of those additional locations or grade levels. The chartering authority shall consider whether to approve those additional locations or grade levels at an open, public meeting. If the additional locations or grade levels are approved pursuant to the standards and criteria described in subdivision (c), they shall be a material revision to the charter school’s charter. </html:p> <html:p> (5) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> A charter school that established one site outside the boundaries of the school district, but within the county in which that school district is located before January 1, 2020, may continue to operate that site until the charter school submits a request for the renewal of its charter petition. To continue operating the site, the charter school shall do either of the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> First, before submitting the request for the renewal of the charter petition, obtain approval in writing from the school district where the site is operating. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Submit a request for the renewal of the charter petition pursuant to Section 47607 to the school district in which the charter school is located. </html:p> <html:p> (B) <html:span class="EnSpace"/> If a Presidential declaration of a major disaster or emergency is issued in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.) for an area in which a charter schoolsite is located and operating, the charter school, for not more than five years, may relocate that site outside the area subject to the Presidential declaration if the charter school first obtains the written approval of the school district where the site is being relocated to. </html:p> <html:p> (C) <html:span class="EnSpace"/> Notwithstanding subparagraph (A), if a charter school was relocated from December 31, 2016, to December 31, 2019, inclusive, due to a Presidential declaration of a major disaster or emergency in accordance with the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. Sec. 5121 et seq.), that charter school shall be allowed to return to its original campus location in perpetuity. </html:p> <html:p> (D) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> A charter school in operation and providing educational services to pupils before October 1, 2019, located on a federally recognized California Indian reservation or rancheria or operated by a federally recognized California Indian tribe shall be exempt from the geographic restrictions of paragraph (1) and subparagraph (A) of this paragraph and the geographic restrictions of subdivision (a) of Section 47605.1. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The exemption to the geographic restrictions of subdivision (a) of Section 47605.1 in clause (i) does not apply to nonclassroom-based charter schools operating pursuant to Section 47612.5. </html:p> <html:p> (E) <html:span class="EnSpace"/> The department shall regard as a continuing charter school for all purposes a charter school that was granted approval of its petition, that was providing educational services to pupils before October 1, 2019, and is authorized by a different chartering authority due to changes to this paragraph that took effect January 1, 2020. This paragraph shall be implemented only to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654. </html:p> <html:p> (6) <html:span class="EnSpace"/> Commencing January 1, 2003, a petition to establish a charter school shall not be approved to serve pupils in a grade level that is not served by the school district of the governing board considering the petition, unless the petition proposes to serve pupils in all of the grade levels served by that school district. </html:p> <html:p> (b) <html:span class="EnSpace"/> No later than 60 days after receiving a petition, in accordance with subdivision (a), the governing board of the school district shall hold a public hearing on the provisions of the charter, at which time the governing board of the school district shall consider the level of support for the petition by teachers employed by the school district, other employees of the school district, and parents. Following review of the petition and the public hearing, the governing board of the school district shall either grant or deny the charter within 90 days of receipt of the petition, provided, however, that the date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the governing board of the school district for purposes of commencing the timelines described in this subdivision on the day the petitioner submits a petition to the district office, along with a signed certification that the petitioner deems the petition to be complete. The governing board of the school district shall publish all staff recommendations, including the recommended findings and, if applicable, the certification from the county superintendent of schools prepared pursuant to paragraph (8) of subdivision (c), regarding the petition at least 15 days before the public hearing at which the governing board of the school district will either grant or deny the charter. At the public hearing at which the governing board of the school district will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. </html:p> <html:p> (c) <html:span class="EnSpace"/> In reviewing petitions for the establishment of charter schools pursuant to this section, the chartering authority shall be guided by the intent of the Legislature that charter schools are and should become an integral part of the California educational system and that the establishment of charter schools should be encouraged. The governing board of the school district shall grant a charter for the operation of a school under this part if it is satisfied that granting the charter is consistent with sound educational practice and with the interests of the community in which the school is proposing to locate. The governing board of the school district shall consider the academic needs of the pupils the school proposes to serve. The governing board of the school district shall not deny a petition for the establishment of a charter school unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings: </html:p> <html:p> (1) <html:span class="EnSpace"/> The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. </html:p> <html:p> (2) <html:span class="EnSpace"/> The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. </html:p> <html:p> (3) <html:span class="EnSpace"/> The petition does not contain the number of signatures required by subdivision (a). </html:p> <html:p> (4) <html:span class="EnSpace"/> The petition does not contain an affirmation of each of the conditions described in subdivision (e). </html:p> <html:p> (5) <html:span class="EnSpace"/> The petition does not contain reasonably comprehensive descriptions of all of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals. </html:p> <html:p> (iii) <html:span class="EnSpace"/> If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements. </html:p> <html:p> (B) <html:span class="EnSpace"/> The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school. </html:p> <html:p> (C) <html:span class="EnSpace"/> The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card. </html:p> <html:p> (D) <html:span class="EnSpace"/> The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement. </html:p> <html:p> (E) <html:span class="EnSpace"/> The qualifications to be met by individuals to be employed by the charter school. </html:p> <html:p> (F) <html:span class="EnSpace"/> The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3. </html:p> <html:p> (G) <html:span class="EnSpace"/> The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils, as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the school district to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school. </html:p> <html:p> (H) <html:span class="EnSpace"/> Admission policies and procedures, consistent with subdivision (e). </html:p> <html:p> (I) <html:span class="EnSpace"/> The manner in which annual, independent financial audits shall be conducted, which shall employ generally accepted accounting principles, and the manner in which audit exceptions and deficiencies shall be resolved to the satisfaction of the chartering authority. </html:p> <html:p> (J) <html:span class="EnSpace"/> The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that are consistent with all of the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story. </html:p> <html:p> (ii) <html:span class="EnSpace"/> For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following: </html:p> <html:p> (I) <html:span class="EnSpace"/> Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights. </html:p> <html:p> (II) <html:span class="EnSpace"/> Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). </html:p> <html:p> (iv) <html:span class="EnSpace"/> A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. </html:p> <html:p> (K) <html:span class="EnSpace"/> The manner by which staff members of the charter schools will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security. </html:p> <html:p> (L) <html:span class="EnSpace"/> The public school attendance alternatives for pupils residing within the school district who choose not to attend charter schools. </html:p> <html:p> (M) <html:span class="EnSpace"/> The rights of an employee of the school district upon leaving the employment of the school district to work in a charter school, and of any rights of return to the school district after employment at a charter school. </html:p> <html:p> (N) <html:span class="EnSpace"/> The procedures to be followed by the charter school and the chartering authority to resolve disputes relating to provisions of the charter. </html:p> <html:p> (O) <html:span class="EnSpace"/> The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. </html:p> <html:p> (6) <html:span class="EnSpace"/> The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. </html:p> <html:p> (7) <html:span class="EnSpace"/> The charter school is demonstrably unlikely to serve the interests of the entire community in which the school is proposing to locate. Analysis of this finding shall include consideration of the fiscal impact of the proposed charter school. A written factual finding under this paragraph shall detail specific facts and circumstances that analyze and consider the following factors: </html:p> <html:p> (A) <html:span class="EnSpace"/> The extent to which the proposed charter school would substantially undermine existing services, academic offerings, or programmatic offerings. </html:p> <html:p> (B) <html:span class="EnSpace"/> Whether the proposed charter school would duplicate a program currently offered within the school district and the existing program has sufficient capacity for the pupils proposed to be served within reasonable proximity to where the charter school intends to locate. </html:p> <html:p> (8) <html:span class="EnSpace"/> The school district is not positioned to absorb the fiscal impact of the proposed charter school. A school district satisfies this paragraph if it has a qualified interim certification pursuant to Section 42131 and the county superintendent of schools, in consultation with the County Office Fiscal Crisis and Management Assistance Team, certifies that approving the charter school would result in the school district having a negative interim certification pursuant to Section 42131, has a negative interim certification pursuant to Section 42131, or is under state receivership. Charter schools proposed in a school district satisfying one of these conditions shall be subject to a rebuttable presumption of denial. </html:p> <html:p> (d) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. </html:p> <html:p> (2) <html:span class="EnSpace"/> Charter schools shall, on a regular basis, consult with their parents, legal guardians, and teachers regarding the charter school’s educational programs. </html:p> <html:p> (e) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against a pupil on the basis of the characteristics listed in Section 220. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of that pupil’s parent or legal guardian, within this state, except that an existing public school converting partially or entirely to a charter school under this part shall adopt and maintain a policy giving admission preference to pupils who reside within the former attendance area of that public school. </html:p> <html:p> (2) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> A charter school shall admit all pupils who wish to attend the charter school. </html:p> <html:p> (B) <html:span class="EnSpace"/> If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the school district except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> Each type of preference shall be approved by the chartering authority at a public hearing. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Preferences shall be consistent with federal law, the California Constitution, and Section 200. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation. </html:p> <html:p> (iv) <html:span class="EnSpace"/> In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment. </html:p> <html:p> (C) <html:span class="EnSpace"/> In the event of a drawing, the chartering authority shall make reasonable efforts to accommodate the growth of the charter school and shall not take any action to impede the charter school from expanding enrollment to meet pupil demand. </html:p> <html:p> (3) <html:span class="EnSpace"/> If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days, and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200. </html:p> <html:p> (4) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). </html:p> <html:p> (B) <html:span class="EnSpace"/> A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment. </html:p> <html:p> (C) <html:span class="EnSpace"/> A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (c). </html:p> <html:p> (D) <html:span class="EnSpace"/> The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times: </html:p> <html:p> (i) <html:span class="EnSpace"/> When a parent, guardian, or pupil inquires about enrollment. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Before conducting an enrollment lottery. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Before disenrollment of a pupil. </html:p> <html:p> (E) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The department shall develop a template to be used for filing complaints pursuant to clause (i). </html:p> <html:p> (5) <html:span class="EnSpace"/> Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department. </html:p> <html:p> (f) <html:span class="EnSpace"/> The governing board of a school district shall not require an employee of the school district to be employed in a charter school. </html:p> <html:p> (g) <html:span class="EnSpace"/> The governing board of a school district shall not require a pupil enrolled in the school district to attend a charter school. </html:p> <html:p> (h) <html:span class="EnSpace"/> The governing board of a school district shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school and upon the school district. The description of the facilities to be used by the charter school shall specify where the charter school intends to locate. The petitioner or petitioners also shall be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school. </html:p> <html:p> (i) <html:span class="EnSpace"/> In reviewing petitions for the establishment of charter schools within the school district, the governing board of the school district shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006. </html:p> <html:p> (j) <html:span class="EnSpace"/> Upon the approval of the petition by the governing board of the school district, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the applicable county superintendent of schools, the department, and the state board. </html:p> <html:p> (k) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> If the governing board of a school district denies a petition, the petitioner may elect to submit the petition for the establishment of a charter school to the county board of education. The petitioner shall submit the petition to the county board of education within 30 days of a denial by the governing board of the school district. At the same time the petition is submitted to the county board of education, the petitioner shall also provide a copy of the petition to the school district. The county board of education shall review the petition pursuant to subdivisions (b) and (c). If the petition submitted on appeal contains new or different material terms, the county board of education shall immediately remand the petition to the governing board of the school district for reconsideration, which shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition for the establishment of a charter school to the county board of education. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The county board of education shall review the appeal petition pursuant to subdivision (c). If the denial of the petition was made pursuant to paragraph (8) of subdivision (c), the county board of education shall also review the school district’s findings pursuant to paragraph (8) of subdivision (c). </html:p> <html:p> (iii) <html:span class="EnSpace"/> As used in this subdivision, “material terms” of the petition means the signatures, affirmations, disclosures, documents, and descriptions described in subdivisions (a), (b), (c), and (h), but shall not include minor administrative updates to the petition or related documents due to changes in circumstances based on the passage of time related to fiscal affairs, facilities arrangements, or state law, or to reflect the county board of education as the chartering authority. </html:p> <html:p> (B) <html:span class="EnSpace"/> If the governing board of a school district denies a petition and the county board of education has jurisdiction over a single school district, the petitioner may elect to submit the petition for the establishment of a charter school to the state board. The state board shall review a petition submitted pursuant to this subparagraph pursuant to subdivision (c). If the denial of a charter petition is reversed by the state board pursuant to this subparagraph, the state board shall designate the governing board of the school district in which the charter school is located as the chartering authority. </html:p> <html:p> (2) <html:span class="EnSpace"/> If the county board of education denies a petition, the petitioner may appeal that denial to the state board. </html:p> <html:p> (A) <html:span class="EnSpace"/> The petitioner shall submit the petition to the state board within 30 days of a denial by the county board of education. The petitioner shall include the findings and documentary record from the governing board of the school district and the county board of education and a written submission detailing, with specific citations to the documentary record, how the governing board of the school district and the county board of education abused their discretion. The governing board of the school district and county board of education shall prepare the documentary record, including transcripts of the public hearing at which the governing board of the school district and county board of education denied the charter, at the request of the petitioner. The documentary record shall be prepared by the governing board of the school district and county board of education no later than 10 business days after the request of the petitioner is made. At the same time the petition and supporting documentation is submitted to the state board, the petitioner shall also provide a copy of the petition and supporting documentation to the school district and the county board of education. </html:p> <html:p> (B) <html:span class="EnSpace"/> If the appeal contains new or different material terms, as defined in clause (iii) of subparagraph (A) of paragraph (1), the state board shall immediately remand the petition to the governing board of the school district to which the petition was submitted for reconsideration. The governing board of the school district shall grant or deny the petition within 30 days. If the governing board of the school district denies a petition after reconsideration, the petitioner may elect to resubmit the petition to the state board. </html:p> <html:p> (C) <html:span class="EnSpace"/> Within 30 days of receipt of the appeal submitted to the state board, the governing board of the school district or county board of education may submit a written opposition to the state board detailing, with specific citations to the documentary record, how the governing board of the school district or the county board of education did not abuse its discretion in denying the petition. The governing board of the school district or the county board of education may submit supporting documentation or evidence from the documentary record that was considered by the governing board of the school district or the county board of education. </html:p> <html:p> (D) <html:span class="EnSpace"/> The state board’s Advisory Commission on Charter Schools shall hold a public hearing to review the appeal and documentary record. Based on its review, the Advisory Commission on Charter Schools shall submit a recommendation to the state board whether there is sufficient evidence to hear the appeal or to summarily deny review of the appeal based on the documentary record. If the Advisory Commission on Charter Schools does not submit a recommendation to the state board, the state board shall consider the appeal, and shall either hear the appeal or summarily deny review of the appeal based on the documentary record at a regular public meeting of the state board. </html:p> <html:p> (E) <html:span class="EnSpace"/> The state board shall either hear the appeal or summarily deny review of the appeal based on the documentary record. If the state board hears the appeal, the state board may affirm the determination of the governing board of the school district or the county board of education, or both of those determinations, or may reverse only upon a determination that there was an abuse of discretion by both the governing board of the school district and the county board of education. Abuse of discretion is the most deferential standard of review, under which the state board must give deference to the decisions of the governing board of the school district and the county board of education to deny the petition. If the denial of a charter petition is reversed by the state board, the state board shall designate, in consultation with the petitioner, either the governing board of the school district or the county board of education in which the charter school is located as the chartering authority. </html:p> <html:p> (3) <html:span class="EnSpace"/> A charter school for which a charter is granted by either the county board of education or the state board based on an appeal pursuant to this subdivision shall qualify fully as a charter school for all funding and other purposes of this part. </html:p> <html:p> (4) <html:span class="EnSpace"/> A charter school that receives approval of its petition from a county board of education or from the state board on appeal shall be subject to the same requirements concerning geographic location to which it would otherwise be subject if it received approval from the chartering authority to which it originally submitted its petition. A charter petition that is submitted to either a county board of education or to the state board shall meet all otherwise applicable petition requirements, including the identification of the proposed site or sites where the charter school will operate. </html:p> <html:p> (5) <html:span class="EnSpace"/> Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the governing board of the school district in which the charter school is located, the department, and the state board. </html:p> <html:p> (6) <html:span class="EnSpace"/> If either the county board of education or the state board fails to act on a petition within 180 days of receipt, the decision of the governing board of the school district to deny the petition shall be subject to judicial review. </html:p> <html:p> ( <html:i>l</html:i> ) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Teachers in charter schools shall hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and are subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district. </html:p> <html:p> (2) <html:span class="EnSpace"/> By July 1, 2020, all teachers in charter schools shall obtain a certificate of clearance and satisfy the requirements for professional fitness pursuant to Sections 44339, 44340, and 44341. </html:p> <html:p> (3) <html:span class="EnSpace"/> The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools, and shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies. </html:p> <html:p> (m) <html:span class="EnSpace"/> A charter school shall transmit a copy of its annual, independent financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (c), to its chartering authority, the Controller, the county superintendent of schools of the county in which the charter school is sited, unless the county board of education of the county in which the charter school is sited is the chartering authority, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020. </html:p> <html:p> (n) <html:span class="EnSpace"/> A charter school may encourage parental involvement, but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school. </html:p> <html:p> (o) <html:span class="EnSpace"/> The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_9958C4E3-7B47-488B-8C60-C631375201C6"> <ns0:Num>SEC. 5.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'26.8.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'47605.6.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 47605.6 of the <ns0:DocName>Education Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_B4EA55F7-62BF-44EE-AC6B-4744BABE15B9"> <ns0:Num>47605.6.</ns0:Num> <ns0:LawSectionVersion id="id_0CC4A25B-36EE-413E-AB5E-98A1491CD7F6"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> In addition to the authority provided by Section 47605.5, a county board of education may also approve a petition for the operation of a charter school that operates at one or more sites within the geographic boundaries of the county and that provides instructional services that are not generally provided by a county office of education. A county board of education may approve a countywide charter only if it finds, in addition to the other requirements of this section, that the educational services to be provided by the charter school will offer services to a pupil population that will benefit from those services and that cannot be served as well by a charter school that operates in only one school district in the county. A petition for the establishment of a countywide charter school pursuant to this subdivision may be circulated throughout the county by any one or more persons seeking to establish the charter school. The petition may be submitted to the county board of education for review after either of the following conditions is met: </html:p> <html:p> (A) <html:span class="EnSpace"/> The petition is signed by a number of parents or guardians of pupils residing within the county that is equivalent to at least one-half of the number of pupils that the charter school estimates will enroll in the school for its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section. </html:p> <html:p> (B) <html:span class="EnSpace"/> The petition is signed by a number of teachers that is equivalent to at least one-half of the number of teachers that the charter school estimates will be employed at the school during its first year of operation and each of the school districts where the charter school petitioner proposes to operate a facility has received at least 30 days’ notice of the petitioner’s intent to operate a charter school pursuant to this section. </html:p> <html:p> (2) <html:span class="EnSpace"/> An existing public school shall not be converted to a charter school in accordance with this section. </html:p> <html:p> (3) <html:span class="EnSpace"/> After receiving approval of its petition, a charter school that proposes to establish operations at additional sites within the geographic boundaries of the county board of education shall notify the school districts where those sites will be located. The charter school shall also request a material revision of its charter by the county board of education that approved its charter and the county board of education shall consider whether to approve those additional locations at an open, public meeting, held no sooner than 30 days following notification of the school districts where the sites will be located. If approved, the location of the approved sites shall be a material revision of the charter school’s approved charter. </html:p> <html:p> (4) <html:span class="EnSpace"/> A petition shall include a prominent statement indicating that a signature on the petition means that the parent or guardian is meaningfully interested in having their child or ward attend the charter school, or in the case of a teacher’s signature, means that the teacher is meaningfully interested in teaching at the charter school. The proposed charter shall be attached to the petition. </html:p> <html:p> (b) <html:span class="EnSpace"/> No later than 60 days after receiving a petition, in accordance with subdivision (a), the county board of education shall hold a public hearing on the provisions of the charter, at which time the county board of education shall consider the level of support for the petition by teachers, parents or guardians, and the school districts where the charter school petitioner proposes to place school facilities. Following review of the petition and the public hearing, the county board of education shall either grant or deny the charter within 90 days of receipt of the petition. However, this date may be extended by an additional 30 days if both parties agree to the extension. A petition is deemed received by the county board of education for purposes of commencing the timelines described in this subdivision when the petitioner submits a petition, in accordance with subparagraph (A) or (B) of paragraph (1) of subdivision (a), to the county office of education. The county board of education shall publish all staff recommendations, including the recommended findings, regarding the petition at least 15 days before the public hearing at which the county board of education will either grant or deny the charter. At the public hearing at which the county board of education will either grant or deny the charter, petitioners shall have equivalent time and procedures to present evidence and testimony to respond to the staff recommendations and findings. A county board of education may impose any additional requirements beyond those required by this section that it considers necessary for the sound operation of a countywide charter school. A county board of education may grant a charter for the operation of a charter school under this part only if it is satisfied that granting the charter is consistent with sound educational practice and that the charter school has reasonable justification for why it could not be established by petition to a school district pursuant to Section 47605. The county board of education shall deny a petition for the establishment of a charter school if it finds one or more of the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> The charter school presents an unsound educational program for the pupils to be enrolled in the charter school. </html:p> <html:p> (2) <html:span class="EnSpace"/> The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition. </html:p> <html:p> (3) <html:span class="EnSpace"/> The petition does not contain the number of signatures required by subdivision (a). </html:p> <html:p> (4) <html:span class="EnSpace"/> The petition does not contain an affirmation of each of the conditions described in subdivision (e). </html:p> <html:p> (5) <html:span class="EnSpace"/> The petition does not contain reasonably comprehensive descriptions of all of the following: </html:p> <html:p> (A) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> The educational program of the charter school, designed, among other things, to identify those pupils whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals. </html:p> <html:p> (iii) <html:span class="EnSpace"/> If the proposed charter school will enroll high school pupils, the manner in which the charter school will inform parents regarding the transferability of courses to other public high schools. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered to be transferable to other public high schools. </html:p> <html:p> (iv) <html:span class="EnSpace"/> If the proposed charter school will enroll high school pupils, information as to the manner in which the charter school will inform parents as to whether each individual course offered by the charter school meets college entrance requirements. Courses approved by the University of California or the California State University as satisfying their prerequisites for admission may be considered as meeting college entrance requirements for purposes of this clause. </html:p> <html:p> (B) <html:span class="EnSpace"/> The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and aptitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all pupil subgroups served by the charter school, as that term is defined in subdivision (a) of Section 52052. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served by the charter school. </html:p> <html:p> (C) <html:span class="EnSpace"/> The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card. </html:p> <html:p> (D) <html:span class="EnSpace"/> The location of each charter school facility that the petitioner proposes to operate. </html:p> <html:p> (E) <html:span class="EnSpace"/> The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement. </html:p> <html:p> (F) <html:span class="EnSpace"/> The qualifications to be met by individuals to be employed by the charter school. </html:p> <html:p> (G) <html:span class="EnSpace"/> The procedures that the charter school will follow to ensure the health and safety of pupils and staff. These procedures shall require all of the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> That each employee of the charter school furnish the charter school with a criminal record summary as described in Section 44237. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The development of a school safety plan, and the annual review and update of the plan, pursuant to Section 47606.3. </html:p> <html:p> (iii) <html:span class="EnSpace"/> That the school safety plan be reviewed and updated by March 1 of every year by the charter school. </html:p> <html:p> (H) <html:span class="EnSpace"/> The means by which the charter school will achieve a balance of racial and ethnic pupils, special education pupils, and English learner pupils, including redesignated fluent English proficient pupils as defined by the evaluation rubrics in Section 52064.5, that is reflective of the general population residing within the territorial jurisdiction of the county board of education to which the charter petition is submitted. Upon renewal, for a charter school not deemed to be a local educational agency for purposes of special education pursuant to Section 47641, the chartering authority may consider the effect of school placements made by the chartering authority in providing a free and appropriate public education as required by the federal Individuals with Disabilities Education Act (Public Law 101-476), on the balance of pupils with disabilities at the charter school. </html:p> <html:p> (I) <html:span class="EnSpace"/> The manner in which annual, independent financial audits shall be conducted, in accordance with regulations established by the state board, and the manner in which audit exceptions and deficiencies shall be resolved. </html:p> <html:p> (J) <html:span class="EnSpace"/> The procedures by which pupils can be suspended or expelled from the charter school for disciplinary reasons or otherwise involuntarily removed from the charter school for any reason. These procedures, at a minimum, shall include an explanation of how the charter school will comply with federal and state constitutional procedural and substantive due process requirements that is consistent with all of the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> For suspensions of fewer than 10 days, provide oral or written notice of the charges against the pupil and, if the pupil denies the charges, an explanation of the evidence that supports the charges and an opportunity for the pupil to present the pupil’s side of the story. </html:p> <html:p> (ii) <html:span class="EnSpace"/> For suspensions of 10 days or more and all other expulsions for disciplinary reasons, both of the following: </html:p> <html:p> (I) <html:span class="EnSpace"/> Provide timely, written notice of the charges against the pupil and an explanation of the pupil’s basic rights. </html:p> <html:p> (II) <html:span class="EnSpace"/> Provide a hearing adjudicated by a neutral officer within a reasonable number of days at which the pupil has a fair opportunity to present testimony, evidence, and witnesses and confront and cross-examine adverse witnesses, and at which the pupil has the right to bring legal counsel or an advocate. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Contain a clear statement that no pupil shall be involuntarily removed by the charter school for any reason unless the parent or guardian of the pupil has been provided written notice of intent to remove the pupil no less than five schooldays before the effective date of the action. The written notice shall be in the native language of the pupil or the pupil’s parent or guardian, or, if the pupil is a homeless child or youth, or a foster child or youth, in the native language of the homeless or foster child’s educational rights holder. In the case of a foster child or youth, the written notice shall also be provided to the foster child’s attorney and county social worker. If the pupil is an Indian child, as defined in Section 224.1 of the Welfare and Institutions Code, the written notice shall also be provided to the Indian child’s tribal social worker and, if applicable, county social worker. The written notice shall inform the pupil, the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, and county social worker, or the Indian child’s tribal social worker and, if applicable, county social worker of the right to initiate the procedures specified in clause (ii) before the effective date of the action. If the pupil’s parent or guardian, the homeless child’s educational rights holder, the foster child’s educational rights holder, attorney, or county social worker, or the Indian child’s tribal social worker or, if applicable, county social worker initiates the procedures specified in clause (ii), the pupil shall remain enrolled and shall not be removed until the charter school issues a final decision. For purposes of this clause, “involuntarily removed” includes disenrolled, dismissed, transferred, or terminated, but does not include suspensions specified in clauses (i) and (ii). </html:p> <html:p> (iv) <html:span class="EnSpace"/> A foster child’s educational rights holder, attorney, and county social worker and an Indian child’s tribal social worker and, if applicable, county social worker shall have the same rights a parent or guardian of a child has to receive a suspension notice, expulsion notice, manifestation determination notice, involuntary transfer notice, and other documents and related information. </html:p> <html:p> (K) <html:span class="EnSpace"/> The manner by which staff members of the charter school will be covered by the State Teachers’ Retirement System, the Public Employees’ Retirement System, or federal social security. </html:p> <html:p> (L) <html:span class="EnSpace"/> The procedures to be followed by the charter school and the county board of education to resolve disputes relating to provisions of the charter. </html:p> <html:p> (M) <html:span class="EnSpace"/> Admission policy and procedures, consistent with subdivision (e). </html:p> <html:p> (N) <html:span class="EnSpace"/> The public school attendance alternatives for pupils residing within the county who choose not to attend the charter school. </html:p> <html:p> (O) <html:span class="EnSpace"/> The rights of an employee of the county office of education, upon leaving the employment of the county office of education, to be employed by the charter school, and any rights of return to the county office of education that an employee may have upon leaving the employment of the charter school. </html:p> <html:p> (P) <html:span class="EnSpace"/> The procedures to be used if the charter school closes. The procedures shall ensure a final audit of the charter school to determine the disposition of all assets and liabilities of the charter school, including plans for disposing of any net assets and for the maintenance and transfer of pupil records. </html:p> <html:p> (6) <html:span class="EnSpace"/> A declaration of whether or not the charter school shall be deemed the exclusive public school employer of the employees of the charter school for purposes of the Educational Employment Relations Act (Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code). </html:p> <html:p> (7) <html:span class="EnSpace"/> Any other basis that the county board of education finds justifies the denial of the petition. </html:p> <html:p> (c) <html:span class="EnSpace"/> A county board of education that approves a petition for the operation of a countywide charter may, as a condition of charter approval, enter into an agreement with a third party, at the expense of the charter school, to oversee, monitor, and report to the county board of education on the operations of the charter school. The county board of education may prescribe the aspects of the charter school’s operations to be monitored by the third party and may prescribe appropriate requirements regarding the reporting of information concerning the operations of the charter school to the county board of education. </html:p> <html:p> (d) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Charter schools shall meet all statewide standards and conduct the pupil assessments required pursuant to Section 60605 and any other statewide standards authorized in statute or pupil assessments applicable to pupils in noncharter public schools. </html:p> <html:p> (2) <html:span class="EnSpace"/> Charter schools shall on a regular basis consult with their parents and teachers regarding the charter school’s educational programs. </html:p> <html:p> (e) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> In addition to any other requirement imposed under this part, a charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations, shall not charge tuition, and shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, gender identity, gender expression, or disability. Except as provided in paragraph (2), admission to a charter school shall not be determined according to the place of residence of the pupil, or of the pupil’s parent or guardian, within this state. </html:p> <html:p> (2) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> A charter school shall admit all pupils who wish to attend the charter school. </html:p> <html:p> (B) <html:span class="EnSpace"/> If the number of pupils who wish to attend the charter school exceeds the charter school’s capacity, attendance, except for existing pupils of the charter school, shall be determined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5. Preferences, including, but not limited to, siblings of pupils admitted or attending the charter school and children of the charter school’s teachers, staff, and founders identified in the initial charter, may also be permitted by the chartering authority on an individual charter school basis. Priority order for any preference shall be determined in the charter petition in accordance with all of the following: </html:p> <html:p> (i) <html:span class="EnSpace"/> Each type of preference shall be approved by the chartering authority at a public hearing. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Preferences shall be consistent with federal law, the California Constitution, and Section 200. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Preferences shall not result in limiting enrollment access for pupils with disabilities, academically low-achieving pupils, English learners, neglected or delinquent pupils, homeless pupils, or pupils who are economically disadvantaged, as determined by eligibility for any free or reduced-price meal program, foster youth, or pupils based on nationality, race, ethnicity, or sexual orientation. </html:p> <html:p> (iv) <html:span class="EnSpace"/> In accordance with Section 49011, preferences shall not require mandatory parental volunteer hours as a criterion for admission or continued enrollment. </html:p> <html:p> (C) <html:span class="EnSpace"/> In the event of a drawing, the county board of education shall make reasonable efforts to accommodate the growth of the charter school and in no event shall take any action to impede the charter school from expanding enrollment to meet pupil demand. </html:p> <html:p> (3) <html:span class="EnSpace"/> If a pupil is expelled or leaves the charter school without graduating or completing the school year for any reason, the charter school shall notify the superintendent of the school district of the pupil’s last known address within 30 days and shall, upon request, provide that school district with a copy of the cumulative record of the pupil, including report cards or a transcript of grades, and health information. If the pupil is subsequently expelled or leaves the school district without graduating or completing the school year for any reason, the school district shall provide this information to the charter school within 30 days if the charter school demonstrates that the pupil had been enrolled in the charter school. This paragraph applies only to pupils subject to compulsory full-time education pursuant to Section 48200. </html:p> <html:p> (4) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> A charter school shall not discourage a pupil from enrolling or seeking to enroll in the charter school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). </html:p> <html:p> (B) <html:span class="EnSpace"/> A charter school shall not request a pupil’s records or require a parent, guardian, or pupil to submit the pupil’s records to the charter school before enrollment. </html:p> <html:p> (C) <html:span class="EnSpace"/> A charter school shall not encourage a pupil currently attending the charter school to disenroll from the charter school or transfer to another school for any reason, including, but not limited to, academic performance of the pupil or because the pupil exhibits any of the characteristics described in clause (iii) of subparagraph (B) of paragraph (2). This subparagraph shall not apply to actions taken by a charter school pursuant to the procedures described in subparagraph (J) of paragraph (5) of subdivision (b). </html:p> <html:p> (D) <html:span class="EnSpace"/> The department shall develop a notice of the requirements of this paragraph. This notice shall be posted on a charter school’s internet website. A charter school shall provide a parent or guardian, or a pupil if the pupil is 18 years of age or older, a copy of this notice at all of the following times: </html:p> <html:p> (i) <html:span class="EnSpace"/> When a parent, guardian, or pupil inquires about enrollment. </html:p> <html:p> (ii) <html:span class="EnSpace"/> Before conducting an enrollment lottery. </html:p> <html:p> (iii) <html:span class="EnSpace"/> Before disenrollment of a pupil. </html:p> <html:p> (E) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> A person who suspects that a charter school has violated this paragraph may file a complaint with the chartering authority. </html:p> <html:p> (ii) <html:span class="EnSpace"/> The department shall develop a template to be used for filing complaints pursuant to clause (i). </html:p> <html:p> (5) <html:span class="EnSpace"/> Notwithstanding any other law, a charter school in operation as of July 1, 2019, that operates in partnership with the California National Guard may dismiss a pupil from the charter school for failing to maintain the minimum standards of conduct required by the Military Department. </html:p> <html:p> (f) <html:span class="EnSpace"/> The county board of education shall not require an employee of the county or a school district to be employed in a charter school. </html:p> <html:p> (g) <html:span class="EnSpace"/> The county board of education shall not require a pupil enrolled in a county program to attend a charter school. </html:p> <html:p> (h) <html:span class="EnSpace"/> The county board of education shall require that the petitioner or petitioners provide information regarding the proposed operation and potential effects of the charter school, including, but not limited to, the facilities to be used by the charter school, the manner in which administrative services of the charter school are to be provided, and potential civil liability effects, if any, upon the charter school, any school district where the charter school may operate, and upon the county board of education. The petitioner or petitioners shall also be required to provide financial statements that include a proposed first-year operational budget, including startup costs, and cashflow and financial projections for the first three years of operation. If the charter school is to be operated by, or as, a nonprofit public benefit corporation, the petitioner shall provide the names and relevant qualifications of all persons whom the petitioner nominates to serve on the governing body of the charter school. </html:p> <html:p> (i) <html:span class="EnSpace"/> In reviewing petitions for the establishment of charter schools within the county, the county board of education shall give preference to petitions that demonstrate the capability to provide comprehensive learning experiences to pupils identified by the petitioner or petitioners as academically low achieving pursuant to the standards established by the department under Section 54032, as that section read before July 19, 2006. </html:p> <html:p> (j) <html:span class="EnSpace"/> Upon the approval of the petition by the county board of education, the petitioner or petitioners shall provide written notice of that approval, including a copy of the petition, to the school districts within the county, the Superintendent, and the state board. </html:p> <html:p> (k) <html:span class="EnSpace"/> If a county board of education denies a petition, the petitioner shall not elect to submit the petition for the establishment of the charter school to the state board. </html:p> <html:p> ( <html:i>l</html:i> ) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Teachers in charter schools shall be required to hold the Commission on Teacher Credentialing certificate, permit, or other document required for the teacher’s certificated assignment. These documents shall be maintained on file at the charter school and shall be subject to periodic inspection by the chartering authority. A governing body of a direct-funded charter school may use local assignment options authorized in statute and regulations for the purpose of legally assigning certificated teachers, in accordance with all of the requirements of the applicable statutes or regulations in the same manner as a governing board of a school district. A charter school shall have authority to request an emergency permit or a waiver from the Commission on Teacher Credentialing for individuals in the same manner as a school district. </html:p> <html:p> (2) <html:span class="EnSpace"/> The Commission on Teacher Credentialing shall include in the bulletins it issues pursuant to subdivision (k) of Section 44237 to provide notification to local educational agencies of any adverse actions taken against the holders of any commission documents, notice of any adverse actions taken against teachers employed by charter schools. The Commission on Teacher Credentialing shall make this bulletin available to all chartering authorities and charter schools in the same manner in which it is made available to local educational agencies. </html:p> <html:p> (m) <html:span class="EnSpace"/> A charter school shall transmit a copy of its annual, independent, financial audit report for the preceding fiscal year, as described in subparagraph (I) of paragraph (5) of subdivision (b), to the county office of education, the Controller, and the department by December 15 of each year. This subdivision does not apply if the audit of the charter school is encompassed in the audit of the chartering authority pursuant to Section 41020. </html:p> <html:p> (n) <html:span class="EnSpace"/> A charter school may encourage parental involvement but shall notify the parents and guardians of applicant pupils and currently enrolled pupils that parental involvement is not a requirement for acceptance to, or continued enrollment at, the charter school. </html:p> <html:p> (o) <html:span class="EnSpace"/> The requirements of this section shall not be waived by the state board pursuant to Section 33050 or any other law. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_45B15413-42D8-4265-B611-760C56E80953"> <ns0:Num>SEC. 6.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'47606.3'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 47606.3 is added to the <ns0:DocName>Education Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_EC19AB89-3CEF-40E9-9640-4578A3AB6AD4"> <ns0:Num>47606.3.</ns0:Num> <ns0:LawSectionVersion id="id_F1EA4B9B-EBC2-48AA-91F4-F0C7BDB7A804"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> For purposes of clause (ii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 and clause (ii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, the procedures shall require the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (N), inclusive, of paragraph (2) of subdivision (a) of Section 32282. </html:p> <html:p> (2) <html:span class="EnSpace"/> For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (O) of paragraph (2) of subdivision (a) of Section 32282. </html:p> <html:p> (3) <html:span class="EnSpace"/> The review and update of the school safety plan by March 1 of every year by the charter school. </html:p> <html:p> (b) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2031, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_D9AC703A-2B1A-4A21-961F-1BADD5434C08"> <ns0:Num>SEC. 7.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'47606.3'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 47606.3 is added to the <ns0:DocName>Education Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_206872F3-E20D-4DC1-A61E-65C90F27966E"> <ns0:Num>47606.3.</ns0:Num> <ns0:LawSectionVersion id="id_FCCB9593-0DA6-4A65-A205-B5817DDA7D56"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> For purposes of clause (ii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 and clause (ii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, the procedures shall require the following: </html:p> <html:p> (1) <html:span class="EnSpace"/> For all schools, the development of a school safety plan, which shall include the safety topics listed in subparagraphs (A) to (M), inclusive, of paragraph (2) of subdivision (a) of Section 32282. </html:p> <html:p> (2) <html:span class="EnSpace"/> For schools serving pupils in any of grades 7 to 12, inclusive, the development of a school safety plan shall also include the safety topic listed in subparagraph (N) of paragraph (2) of subdivision (a) of Section 32282. </html:p> <html:p> (3) <html:span class="EnSpace"/> The review and update of the school safety plan by March 1 of every year by the charter school. </html:p> <html:p> (b) <html:span class="EnSpace"/> This section shall become operative on January 1, 2031. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_4E8D54F8-BA0A-4B7C-A534-78689D8B599A"> <ns0:Num>SEC. 8.</ns0:Num> <ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'40.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'11.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'66093.3.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 66093.3 of the <ns0:DocName>Education Code</ns0:DocName> is amended to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_5EA61F97-94EE-4A72-9FC2-9A0A6CC74165"> <ns0:Num>66093.3.</ns0:Num> <ns0:LawSectionVersion id="id_0DCD98B4-AFF8-455D-A433-61DC0419AABE"> <ns0:Content> <html:p> (a) <html:span class="EnSpace"/> The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision ( <html:i>l</html:i> ) of Section 69432.7, shall, and the Regents of the University of California are requested to, do all of the following to the fullest extent consistent with state and federal law: </html:p> <html:p> (1) <html:span class="EnSpace"/> Refrain from disclosing personal information about students, faculty, and staff except: <html:span class="EnSpace"/> (A) with the consent of the person identified, or if the person is under 18 years of age, with the consent of the parent or guardian of the person identified; <html:span class="EnSpace"/> (B) as may legally be disclosed under state and federal privacy laws; <html:span class="EnSpace"/> (C) for the programmatic purpose for which the information was obtained; <html:span class="EnSpace"/> (D) as part of a directory that does not include residence addresses or individual persons’ course schedules and that the person has not elected to opt out of; or <html:span class="EnSpace"/> (E) in response to a judicial warrant, court order, or subpoena. </html:p> <html:p> (2) <html:span class="EnSpace"/> Advise all students, faculty, and staff to notify the office of the chancellor or president, or their designee, as soon as possible, if they are advised that an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order. </html:p> <html:p> (3) <html:span class="EnSpace"/> If there is reason to suspect that a student, faculty, or staff person has been taken into custody as a result of an immigration enforcement action, the college or university, as soon as possible, shall notify the person’s emergency contact that the person has been taken into custody. </html:p> <html:p> (4) <html:span class="EnSpace"/> Comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant. This paragraph shall not apply to an immigration officer’s request for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities. </html:p> <html:p> (5) <html:span class="EnSpace"/> Advise all students, faculty, and staff responding to or having contact with an immigration officer executing a federal immigration order, to refer the entity or individual to the office of the chancellor or president, or their designee, for purposes of verifying the legality of any warrant, court order, or subpoena. </html:p> <html:p> (6) <html:span class="EnSpace"/> Designate a staff person to serve as a point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, faculty and staff persons shall be prohibited from discussing the personal information, including immigration status information, of any student, faculty, or staff person with anyone, or revealing that personal information to anyone. This paragraph shall not be construed as requiring a college or university to hire staff to fulfill the requirements of this paragraph. </html:p> <html:p> (7) <html:span class="EnSpace"/> Maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it. The list shall include, but not be limited to, the organization’s name and contact number, email address, and office address. </html:p> <html:p> (8) <html:span class="EnSpace"/> Adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code), limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law. </html:p> <html:p> (9) <html:span class="EnSpace"/> (A) <html:span class="EnSpace"/> Post on its internet website in a conspicuous location, and provide via email quarterly or each semester to all students, faculty, and staff: </html:p> <html:p> (i) <html:span class="EnSpace"/> A copy of the policy adopted pursuant to paragraph (8). </html:p> <html:p> (ii) <html:span class="EnSpace"/> Guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order. </html:p> <html:p> (B) <html:span class="EnSpace"/> Update the information posted on its internet website pursuant to subparagraph (A) as often as is necessary to reflect any changes to federal and state immigration laws and university or college policies and procedures. </html:p> <html:p> (10) <html:span class="EnSpace"/> In the event that an undocumented student is subject to a federal immigration order, ensure that all of the following occur: </html:p> <html:p> (A) <html:span class="EnSpace"/> In the event that an undocumented student is detained, deported, or is unable to attend to the student’s academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the college or university shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received, and permit the student to be reenrolled if and when the student is able to return to the college or university. It is the intent of the Legislature that, in implementing this paragraph, California colleges and universities make reasonable and good faith efforts to provide for a seamless transition in a student’s reenrollment and reacquisition of campus services and supports. </html:p> <html:p> (B) <html:span class="EnSpace"/> That staff is available to assist, in a sensitive manner, undocumented students, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of federal immigration actions. </html:p> <html:p> (C) <html:span class="EnSpace"/> (i) <html:span class="EnSpace"/> All students, faculty, staff, and campus community members who work on campus are notified when the presence of immigration enforcement is confirmed on campus. </html:p> <html:p> (ii) <html:span class="EnSpace"/> A notice provided pursuant to clause (i) shall include all of the following: </html:p> <html:p> (I) <html:span class="EnSpace"/> The date and time the immigration enforcement was confirmed. </html:p> <html:p> (II) <html:span class="EnSpace"/> The location of the confirmed immigration enforcement. </html:p> <html:p> (III) <html:span class="EnSpace"/> A hyperlink to additional resources, including the information posted on its internet website pursuant to paragraph (10). </html:p> <html:p> (iii) <html:span class="EnSpace"/> A notice provided pursuant to clause (i) shall not include any personally identifiable information. </html:p> <html:p> (b) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Each campus of the California Community Colleges, of the California State University, and of each independent institution of higher education that is a qualifying institution as defined in subdivision ( <html:i>l</html:i> ) of Section 69432.7 shall, and each campus of the University of California is requested to, notify all students, faculty, staff, and other campus community members who work on campus when the presence of immigration enforcement is confirmed on campus, to the fullest extent consistent with state and federal law. </html:p> <html:p> (2) <html:span class="EnSpace"/> A notice provided pursuant to paragraph (1) shall include all of the following information: </html:p> <html:p> (A) <html:span class="EnSpace"/> The date and time the immigration enforcement was confirmed. </html:p> <html:p> (B) <html:span class="EnSpace"/> The location of the confirmed immigration enforcement. </html:p> <html:p> (C) <html:span class="EnSpace"/> A hyperlink to additional resources, including the information posted on its internet website pursuant to paragraph (9) of subdivision (a). </html:p> <html:p> (3) <html:span class="EnSpace"/> A notice provided pursuant to paragraph (1) shall not include any personally identifiable information. </html:p> <html:p> (c) <html:span class="EnSpace"/> For purposes of this article, the following definitions apply: </html:p> <html:p> (1) <html:span class="EnSpace"/> “Immigration enforcement” includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law, and also includes any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal criminal immigration law that penalizes a person’s presence in, entry, or reentry to, or employment in, the United States. </html:p> <html:p> (2) <html:span class="EnSpace"/> “Immigration officer” means any state, local, or federal law enforcement officer who is seeking to enforce immigration law. </html:p> <html:p> (d) <html:span class="EnSpace"/> This section shall remain in effect only until January 1, 2031, and as of that date is repealed. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_93AD2FFF-4A07-415F-ADE6-D7434C0CC716"> <ns0:Num>SEC. 9.</ns0:Num> <ns0:ActionLine action="IS_ADDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'40.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'11.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'66093.3.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator"> Section 66093.3 is added to the <ns0:DocName>Education Code</ns0:DocName> , to read: </ns0:ActionLine> <ns0:Fragment> <ns0:LawSection id="id_5CF29907-49AB-4F64-85F2-1C8073FF1DB8"> <ns0:Num>66093.3.</ns0:Num> <ns0:LawSectionVersion id="id_7ADEA484-DA47-41B4-8EF8-B34525C90D05"> <ns0:Content> <html:p>The Trustees of the California State University, the governing board of each community college district in the state, and each independent institution of higher education that is a qualifying institution as defined in subdivision (l) of Section 69432.7, shall, and the Regents of the University of California are requested to, do all of the following to the fullest extent consistent with state and federal law:</html:p> <html:p> (a) <html:span class="EnSpace"/> Refrain from disclosing personal information about students, faculty, and staff except: (1) with the consent of the person identified, or if the person is under 18 years of age, with the consent of the parent or guardian of the person identified; (2) as may legally be disclosed under state and federal privacy laws; (3) for the programmatic purpose for which the information was obtained; (4) as part of a directory that does not include residence addresses or individual persons’ course schedules and that the person has not elected to opt out of; or (5) in response to a judicial warrant, court order, or subpoena. </html:p> <html:p> (b) <html:span class="EnSpace"/> Advise all students, faculty, and staff to notify the office of the chancellor or president, or their designee, as soon as possible, if they are advised that an immigration officer is expected to enter, will enter, or has entered the campus to execute a federal immigration order. </html:p> <html:p> (c) <html:span class="EnSpace"/> If there is reason to suspect that a student, faculty, or staff person has been taken into custody as a result of an immigration enforcement action, the college or university, as soon as possible, shall notify the person’s emergency contact that the person has been taken into custody. </html:p> <html:p> (d) <html:span class="EnSpace"/> Comply with a request from an immigration officer for access to nonpublic areas of the campus only upon presentation of a judicial warrant. This subdivision shall not apply to an immigration officer’s request for access or information related to the operation of international student, staff, or faculty programs, employment verification efforts, or other nonenforcement activities. </html:p> <html:p> (e) <html:span class="EnSpace"/> Advise all students, faculty, and staff responding to or having contact with an immigration officer executing a federal immigration order, to refer the entity or individual to the office of the chancellor or president, or their designee, for purposes of verifying the legality of any warrant, court order, or subpoena. </html:p> <html:p> (f) <html:span class="EnSpace"/> Designate a staff person to serve as a point of contact for any student, faculty, or staff person who may or could be subject to an immigration order or inquiry on campus. Unless the disclosure is permitted by state and federal education privacy law, faculty and staff persons shall be prohibited from discussing the personal information, including immigration status information, of any student, faculty, or staff person with anyone, or revealing that personal information to anyone. This subdivision shall not be construed as requiring a college or university to hire staff to fulfill the requirements of this subdivision. </html:p> <html:p> (g) <html:span class="EnSpace"/> Maintain a contact list of legal services providers who provide legal immigration representation, and provide it free of charge to any and all students who request it. The list shall include, but not be limited to, the organization’s name and contact number, email address, and office address. </html:p> <html:p> (h) <html:span class="EnSpace"/> Adopt and implement, by March 1, 2019, the model policy developed by the Attorney General or an equivalent policy pursuant to the California Values Act (Chapter 17.25 (commencing with Section 7284) of Division 7 of Title 1 of the Government Code), limiting assistance with immigration enforcement to the fullest extent possible consistent with federal and state law. </html:p> <html:p> (i) <html:span class="EnSpace"/> (1) <html:span class="EnSpace"/> Post on its internet website in a conspicuous location, and provide via email quarterly or each semester to all students, faculty, and staff: </html:p> <html:p> (A) <html:span class="EnSpace"/> A copy of the policy adopted pursuant to subdivision (h). </html:p> <html:p> (B) <html:span class="EnSpace"/> Guidance informing them of their rights under state and federal immigration laws and how to respond to a federal immigration action or order. </html:p> <html:p> (2) <html:span class="EnSpace"/> Update the information posted on its internet website pursuant to paragraph (1) as often as is necessary to reflect any changes to federal and state immigration laws and university or college policies and procedures. </html:p> <html:p> (j) <html:span class="EnSpace"/> In the event that an undocumented student is subject to a federal immigration order, ensure that both of the following occur: </html:p> <html:p> (1) <html:span class="EnSpace"/> In the event that an undocumented student is detained, deported, or is unable to attend to the student’s academic requirements due to the actions of an immigration officer in relation to a federal immigration order, the college or university shall make all reasonable efforts to assist the student in retaining any eligibility for financial aid, fellowship stipends, exemption from nonresident tuition fees, funding for research or other educational projects, housing stipends or services, or other benefits the student has been awarded or received, and permit the student to be reenrolled if and when the student is able to return to the college or university. It is the intent of the Legislature that, in implementing this paragraph, California colleges and universities make reasonable and good faith efforts to provide for a seamless transition in a student’s reenrollment and reacquisition of campus services and supports. </html:p> <html:p> (2) <html:span class="EnSpace"/> That staff is available to assist, in a sensitive manner, undocumented students, and other students, faculty, and staff who may be subject to a federal immigration order or inquiry, or who may face similar issues, and whose education or employment is at risk because of federal immigration actions. </html:p> <html:p> (k) <html:span class="EnSpace"/> For purposes of this article, “immigration officer” means any state, local, or federal law enforcement officer who is seeking to enforce immigration law. </html:p> <html:p> (l) <html:span class="EnSpace"/> This section shall become operative on January 1, 2031. </html:p> </ns0:Content> </ns0:LawSectionVersion> </ns0:LawSection> </ns0:Fragment> </ns0:BillSection> <ns0:BillSection id="id_ADC530C5-B442-48AD-8672-84AA07A56DDC"> <ns0:Num>SEC. 10.</ns0:Num> <ns0:Content> <html:p>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.</html:p> </ns0:Content> </ns0:BillSection> <ns0:BillSection id="id_3325ED5B-E552-4875-AA93-D207549E1FE8"> <ns0:Num>SEC. 11.</ns0:Num> <ns0:Content> <html:p>This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:</html:p> <html:p>In order to ensure the safety of all students, teachers, faculty, and staff by preventing panic and to promote a greater sense of calm and security on schoolsites and campuses, it is necessary that this act take effect immediately.</html:p> </ns0:Content> </ns0:BillSection> </ns0:Bill> </ns0:MeasureDoc> |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Last Version Text Digest | (1) |