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2005 California Education Code Sections 32296-32296.10 Article 6. School Community Policing
EDUCATION CODESECTION 32296-32296.10
32296. The Legislature finds and declares all of the following: (a) Many of California's public schools and their surrounding communities are experiencing crime and violence to a degree that makes it difficult for pupils and staff to feel safe. (b) During the 1996-97 school year, school districts and county offices of education reported a total of 21,947 crimes against persons, 19,876 drug and alcohol offenses, 25,718 property crimes costing schools over twenty-two million six hundred thousand dollars ($22,600,000), and 8,787 other crimes . (c) Schools need assistance in carrying out their constitutional mandate to provide safe environments to educate our children. (d) Schools also need assistance in ensuring safe passage for pupils to and from school and in securing the school campus from outside criminal activity and disturbances. (e) A school community policing approach to school safety, modeled after community policing principles, offers an effective strategy for using proactive problem solving and school law enforcement partnerships to address the causes of crime and fear as well as other safe school issues in the school and its surrounding community. (f) Partnerships among schools, law enforcement, and their communities provide a positive support system for schools in addressing safe school issues. (g) Collaboration by school-law enforcement-community partnerships results in strategic approaches to meet the unique needs of the school community. 32296.1. (a) This article may be known and cited as the School Community Policing Partnership Act of 1998. The purpose of this article is to provide financial assistance to school districts and county offices of education to ensure safe, secure, and peaceful school campuses as guaranteed by the California Constitution through the use of a community policing approach to school crime and safety issues. (b) The School Community Policing Partnership Grant Program, which is hereby established, shall be administered by the State Department of Education through the School/Law Enforcement Partnership established pursuant to Section 32262. With respect to this program, the partnership shall do all of the following: (1) Develop application criteria and procedures for local education agencies pursuant to the provisions of this article. (2) Award grants to school districts, county offices of education, or a consortium of school districts and county offices of education. (3) Evaluate the effectiveness of the funded projects. (4) Report biennially to the Legislature and Governor on the results of the program. 32296.3. "School community policing" means an approach to safe schools that is founded on developing positive relationships between law enforcement and the school community in which (1) schools, law enforcement, community agencies, and the members of the surrounding school community collaboratively develop long-term, proactive approaches and systems to address the underlying conditions that affect the level of school safety; and (2) law enforcement becomes an integral facet of the school community with highly trained law enforcement officers having a visible and active presence on and around school campuses. "School community policing" also involves highly trained law enforcement officers working with pupils during and after school, providing opportunities for pupils' active involvement in positive activities. It also involves teaching pupils skills and providing them with a consistent system of recognition and reinforcement of positive behavior. 32296.4. Grants under the School Community Policing Partnership Grant Program shall be awarded on a competitive basis to school districts, county offices of education, or a consortium of school districts and county offices of education to develop and implement a plan that demonstrates a collaborative and integrated approach between the grant recipients and local law enforcement agencies for implementing a system of providing safe and secure environments. Local education agencies applying for grants under this article shall demonstrate that their proposed program adheres to the definition and principles of school community policing as set forth in this article. 32296.5. Applicants for funds under the School Community Policing Partnership Grant Program shall demonstrate how their program's overall design addresses the definition of school community policing by describing how their programs will do all of the following: (a) Form school-law enforcement-community partnerships to prevent and respond to crime and violence in the school environment. (b) Employ a proactive problem-solving process to accomplish all of the following: (1) Identify problems through coordinated needs assessments, including the use of the results of the California Safe Schools Assessment pursuant to Section 628.2 of the Penal Code. (2) Analyze in a thorough manner information concerning the problems. (3) Develop responses that are innovative and tailormade with the best potential for eliminating or reducing the problems. (4) Evaluate the responses to determine their effectiveness and modify them as necessary. 32296.6. (a) School community policing partnerships funded pursuant to this article shall demonstrate how their program will address the following: (1) Identify the school communities that face a significant public safety risk of crime including, but not limited to, gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substance sales, firearm related violence, and juvenile alcohol use. (2) Develop information and intelligence sharing systems to ensure that actions by school districts and county offices of education are fully coordinated with local law enforcement agencies. (3) Identify outcome measures to evaluate the effectiveness of the program that shall include, but not necessarily be limited to, each of the following: (A) The rate of drug and alcohol-related offenses on the school campus. (B) The rate of crimes against persons on the school campus. (C) The rate of crimes against property on the school campus. (D) Incidence of pupils in possession of firearms or other weapons on the school campus. (E) The rates of school attendance and truancy. (4) Increase understanding and trust between police, the school, and community members. (5) Include an ongoing commitment to developing long-term and proactive programs and strategies to address the underlying conditions that cause school and community problems. (6) Include knowledge of available school and community resources and how to access and mobilize them, as well as the ability to develop new resources within the school and community. (7) Include sustained personal commitment of the top management of law enforcement and other local government agencies, as well as from all other levels of management and key personnel. (b) Applicants for grants under the School Community Policing Partnership Grant Program shall demonstrate how the plan will be sustained after the grant period has expired. 32296.7. The School/Law Enforcement Partnership shall award grants to a school district, county office of education, or a consortium to pay the costs of establishing and operating, on behalf of one or more qualifying schools within the school district, county office of education, or consortium, programs that apply a community policing approach to school crime and safety, as follows: (a) Grants may be awarded to school districts, county offices of education, or consortia that have demonstrated readiness to begin operation of a program or to expand existing programs. Grants shall supplement, not supplant, existing programs. (b) Grants shall be awarded for no more than three hundred thousand dollars ($300,000) for the three-year grant period. (c) Recipients of grants may also receive one-time startup grants, in addition to the base grant, that may be used, among other things, for purchasing equipment, hiring staff, designing a program evaluation, or hiring a program or evaluation consultant. Startup grants shall be awarded for not more than one hundred thousand dollars ($100,000). (d) All grants awarded under this article shall be matched by the participating local educational agency or consortium and its cooperating agencies with one dollar ($1) for each four dollars ($4) awarded. The match shall be contributed in cash or as services or resources of comparable value. It is the intent of the Legislature that participants seek and utilize funds or resources for this purpose. The School/Law Enforcement Partnership may waive the match requirement upon verifying that the local educational agency or consortium made a substantial effort to secure a match but was unable to secure the required match. (e) Pursuant to this article, the School/Law Enforcement Partnership shall award competitive grants to school districts and county offices of education or consortia in urban, suburban, and rural areas of northern, central, and southern California. (f) Grants shall be awarded for programs that demonstrate the greatest need and meet the criteria for the program pursuant to Section 32296.5 for a school safety grant under this article. The School/Law Enforcement Partnership shall consider the latest school crime data for the school or schools in which the program will operate when determining that need. (g) Commencing in the 1998-99 fiscal year, and each subsequent year for which funding is available, grants shall be awarded according to the following schedule: (1) The School/Law Enforcement Partnership shall issue requests for applications on or before November 1. (2) Grant applications shall be submitted to the School/Law Enforcement Partnership on or before March 1. (3) The School/Law Enforcement Partnership shall award grants on or before May 15. 32296.8. Nothing in this article may be construed to require a school district or a county office of education to hire police officers as a condition of receiving a grant under the School Community Policing Partnership Grant Program. Grant funds may not be used to provide funding for school resource officer positions in existence on or before January 1, 2003. 32296.9. It is the intent of the Legislature that funding for the School Community Policing Partnership Grant Program established pursuant to this article shall be provided through the annual Budget Act and that grants shall be for a period of three years. 32296.10. This article shall become inoperative on July 1, 2007, and, as of January 1, 2008, is repealed, unless a later enacted statute that is enacted before January 1, 2008, deletes or extends the dates on which it becomes inoperative and is repealed.
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