AB 2441: School safety: mandatory notifications.

(1)Existing law provides that any person who willfully disturbs any public school or any public school meeting is guilty of a misdemeanor and subject to a fine of not more than $500.

The bill would exempt from those misdemeanor and fine provisions a person who, at the time of the disturbance, is a pupil of the school district.

(2)Existing law requires, if any employee of a school district or county superintendent of schools is attacked, assaulted, or physically threatened by any pupil, the employee and any person under whose direction or supervision the employee is employed who has knowledge of the incident are required to promptly report the incident to specified law enforcement authorities. Under existing law, failure to make the report is an infraction punishable by a fine of not more than $1,000 and acts by specified persons to inhibit or impede the making of the report is an infraction punishable by a fine of not less than $500 and not more than $1,000.

This bill would delete those infraction provisions for a failure to report and for inhibiting or impeding the making of the report. The bill would authorize, instead of require, the employee who was the target of the incident to make that notification and prohibit the governing board of a school district, a member of the governing board, a county superintendent of schools, and an employee of a school district or of the office of any county superintendent of schools from imposing any sanctions against a person making that notification. The bill would strongly encourage an employee of a school district or of the office of a county superintendent of schools to employ other means of correction, as provided, before considering a law enforcement referral. report it, would eliminate the duty of a person supervising or directing the employee to report it, and would make conforming changes.

(3)Existing state law requires the principal of a school or the principals designee to notify the appropriate law enforcement authorities of the county or city in which the school is situated of certain acts committed by a pupil that may be unlawful, including, among others, the selling or possession of narcotics or other designated controlled or regulated substances, and acts of assault, as specified. Under existing law, a principal, the principals designee, or any other person reporting certain known or suspected acts is not civilly or criminally liable as a result of making any report authorized by these provisions unless it can be proven that a false report was made and that the person knew the report was false or the report was made with reckless disregard for the truth or falsity of the report, as provided.

This bill instead would require that notification only if the pupils acts require notification under the federal Gun Free Schools Act, a pupils acts violate the Gun-Free School Zone Act of 1995, or a pupil or nonpupils acts include possessing, selling, or otherwise furnishing a firearm or possessing an explosive. The bill would no longer provide the above-described exemption from civil or criminal liability for the making of a report under these provisions. eliminate the requirement that the principal or principals designee notify the appropriate law enforcement authorities of possession of designated controlled or regulated substances by a pupil. The bill would require that the principal or principals designee notify the appropriate law enforcement authorities if a pupils act requires notification pursuant to the federal Gun-Free Schools Act of 1994, which conditions certain federal funding on a criminal or juvenile delinquency referral policy for a student who brings a firearm or weapon to a school.