2009 California Penal Code - Section 13860-13864 :: Chapter 7. Suppression Of Drug Abuse In Schools

PENAL CODE
SECTION 13860-13864

13860.  The Legislature finds and declares that a substantial drug
abuse and drug trafficking problem exists among school-age children
on and around school campuses in the State of California. By enacting
this chapter, it is the intention of the Legislature to support
increased efforts by local law enforcement agencies, working in
conjunction with school districts and county drug offices to suppress
trafficking and prevent drug abuse among school age children on and
around school campuses through the development of innovative and
model programs by local law enforcement agencies and schools and drug
abuse agencies. As used in this chapter, drugs are defined as
marijuana, inhalants, narcotics, dangerous drugs, pharmaceuticals,
glue and alcohol. It is the further intention of the Legislature to
establish a program of financial and technical assistance for local
law enforcement and school districts.

13861.  There is hereby created in the agency or agencies designated
by the Director of Finance pursuant to Section 13820 the Suppression
of Drug Abuse in Schools Program. All funds made available to the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 for the purposes of this chapter shall be administered
and disbursed by the executive director of the office in consultation
with the State Suppression of Drug Abuse in Schools Advisory
Committee established pursuant to Section 13863.
   (a) The executive director, in consultation with the State
Suppression of Drug Abuse in Schools Advisory Committee, is
authorized to allocate and award funds to local law enforcement
agencies and public schools jointly working to develop drug abuse
prevention and drug trafficking suppression programs in substantial
compliance with the policies and criteria set forth in Sections 13862
and 13863.
   (b) The allocation and award of funds shall be made upon the joint
application by the chief law enforcement officer of the coapplicant
law enforcement agency and approved by the law enforcement agency's
legislative body and the superintendent and board of the school
district coapplicant. The joint application of the law enforcement
agency and the school district shall be submitted for review to the
Local Suppression on Drug Abuse in Schools Advisory Committee
established pursuant to paragraph (4) of subdivision (a) of Section
13862. After review, the application shall be submitted to the agency
or agencies designated by the Director of Finance pursuant to
Section 13820. Funds disbursed under this chapter may enhance but
shall not supplant local funds that would, in the absence of the
Suppression of Drug Abuse in Schools Program, be made available to
suppress and prevent drug abuse among schoolage children and to
curtail drug trafficking in and around school areas.
   (c) The coapplicant local law enforcement agency and the
coapplicant school district may enter into interagency agreements
between themselves which will allow the management and fiscal tasks
created pursuant to this chapter and assigned to both the law
enforcement agency and the school district to be performed by only
one of them.
   (d) Within 90 days of the effective date of this chapter, the
Executive Director of the agency or agencies designated by the
Director of Finance pursuant to Section 13820 in consultation with
the State Suppression of Drug Abuse in Schools Advisory Committee
established pursuant to Section 13863 shall prepare and issue
administrative guidelines and procedures for the Suppression of Drug
Abuse in Schools Program consistent with this chapter. In addition to
all other formal requirements that may apply to the enactment of
these guidelines and procedures, a complete and final draft shall be
submitted within 60 days of the effective date of this chapter to the
Chairpersons of the Committee on Criminal Law and Public Safety of
the Assembly and the Judiciary Committee of the Senate of the
California Legislature.

13862.  Law enforcement agencies and school districts receiving
funds under this chapter shall concentrate enhanced apprehension,
prevention, and education efforts and resources on drug abuse and
drug trafficking in and around school campuses.
   (a)  These enhanced apprehension, prevention, and education
efforts shall include, but not be limited to:
   (1) Drug traffic intervention programs.
   (2) School and classroom-oriented programs, using tested drug
abuse education curriculum that provides indepth and accurate
information on drugs, which may include the participation of local
law enforcement agencies and qualified drug abuse prevention
specialists and which are designed to increase teachers' and students'
awareness of drugs and their effects.
   (3) Family oriented programs aimed at preventing drug abuse which
may include the participation of community-based organizations
experienced in the successful operation of such programs.
   (4) The establishment of a Local Suppression of Drug Abuse in
Schools Advisory Committee. The committee shall be established and
appointed by the board of supervisors of each county and city and
county. However, if the agency receiving funds under this chapter is
a city agency and the program does not involve any county agency, or
if a county agency is involved and the county board of supervisors
consents, the committee shall be established and appointed by the
city council. The committee may be a newly created committee or an
existing local drug abuse committee as designated by the board or
city council. The committee shall be composed of, at a minimum, the
following:
   (A) Local law enforcement executives.
   (B) School district executives.
   (C) Schoolsite staff, which includes administrators, teachers, or
other credentialed personnel.
   (D) Parents.
   (E) Students.
   (F) School peace officers.
   (G) County drug program administrators designated pursuant to
Section 11962 of the Health and Safety Code.
   (H) Drug prevention program executives.
   (5) Development and distribution of appropriate written and
audio-visual aids for training of school and law enforcement staff
for handling drug-related problems and offenses. Appropriate existing
aids may be utilized in lieu of development of new materials.
   (6) Development of prevention and intervention programs for
elementary school teachers and students, including utilization of
existing prevention and intervention programs.
   (7) Development of a coordinated intervention system that
identifies students with chronic drug abuse problems and facilitates
their referral to a drug abuse treatment program.
   (b) Enhanced apprehension, prevention, and education efforts
commenced under this section shall be a joint effort between local
law enforcement and local school districts in cooperation with county
drug program offices. These efforts shall include, but not be
limited to, the concentration of apprehension efforts in "problem"
areas identified by local school authorities.
   (c) Funds appropriated pursuant to this chapter may be used in
part to support state-level development and statewide distribution of
appropriate written and audio-visual aids for public awareness and
training of school and law enforcement staff for handling
drug-related problems and offenses. When existing aids can be
identified, these aids may be utilized in lieu of the development of
new aids.

13864.  There is hereby created, in the agency or agencies
designated by the Director of Finance pursuant to Section 13820, the
Comprehensive Alcohol and Drug Prevention Education component of the
Suppression of Drug Abuse in Schools Program in public elementary
schools in grades 4 to 6, inclusive. Notwithstanding Section 13861 or
any other provision in this code, all Comprehensive Alcohol and Drug
Prevention Education component funds made available to the agency or
agencies designated by the Director of Finance pursuant to Section
13820 in accordance with the Classroom Instructional Improvement and
Accountability Act shall be administered by and disbursed to county
superintendents of schools in this state by the executive director of
the agency or agencies designated by the Director of Finance
pursuant to Section 13820. All applications for that funding shall be
reviewed and evaluated by the agency or agencies designated by the
Director of Finance pursuant to Section 13820, in consultation with
the State Department of Alcohol and Drug Programs and the State
Department of Education.
   (a) The executive director is authorized to allocate and award
funds to county department superintendents of schools for allocation
to individual school districts or to a consortium of two or more
school districts. Applications funded under this section shall comply
with the criteria, policies, and procedures established under
subdivision (b) of this section.
   (b) As a condition of eligibility for the funding described in
this section, the school district or consortium of school districts
shall have entered into an agreement with a local law enforcement
agency to jointly implement a comprehensive alcohol and drug abuse
prevention, intervention, and suppression program developed by the
agency or agencies designated by the Director of Finance pursuant to
Section 13820, in consultation with the State Department of Alcohol
and Drug Programs and the State Department of Education, containing
all of the following components:
   (1) A standardized age-appropriate curriculum designed for pupils
in grades 4 to 6, inclusive, specifically tailored and sensitive to
the socioeconomic and ethnic characteristics of the target pupil
population. Although new curricula shall not be required to be
developed, existing curricula may be modified and adapted to meet
local needs. The elements of the standardized comprehensive alcohol
and drug prevention education program curriculum shall be defined and
approved by the Governor's Policy Council on Drug and Alcohol Abuse,
as established by Executive Order # D-70-80.
   (2) A planning process that shall include both assessment of the
school district's characteristics, resources and the extent of
problems related to juvenile drug abuse, and input from local law
enforcement agencies.
   (3) A school district governing board policy that provides for a
coordinated intervention system that, at a minimum, includes
procedures for identification, intervention, and referral of at-risk
alcohol- and drug-involved youth, and identifies the roles and
responsibilities of law enforcement, school personnel, parents, and
pupils.
   (4) Early intervention activities that include, but are not
limited to, the identification of pupils who are high risk or have
chronic drug abuse problems, assessment, and referral for appropriate
services, including ongoing support services.
   (5) Parent education programs to initiate and maintain parental
involvement, with an emphasis for parents of at-risk pupils.
   (6) Staff and in-service training programs, including both
in-depth training for the core team involved in providing program
services and general awareness training for all school faculty and
administrative, credentialed, and noncredentialed school personnel.
   (7) In-service training programs for local law enforcement
officers.
   (8) School, law enforcement, and community involvement to ensure
coordination of program services. Pursuant to that coordination, the
school district or districts and other local agencies are encouraged
to use a single community advisory committee or task force for drug,
alcohol, and tobacco abuse prevention programs, as an alternative to
the creation of a separate group for that purpose under each state or
federally funded program.
   (c) The application of the county superintendent of schools shall
be submitted to the agency or agencies designated by the Director of
Finance pursuant to Section 13820. Funds made available to the agency
or agencies designated by the Director of Finance pursuant to
Section 13820 for allocation under this section are intended to
enhance, but shall not supplant, local funds that would, in the
absence of the Comprehensive Alcohol and Drug Prevention Education
component, be made available to prevent, intervene in, or suppress
drug abuse among schoolage children. For districts that are already
implementing a comprehensive drug abuse prevention program for pupils
in grades 4 to 6, inclusive, the county superintendent shall propose
the use of the funds for drug prevention activities in school grades
other than 4 to 6, inclusive, compatible with the program components
of this section. The expenditure of funds for that alternative
purpose shall be approved by the executive director.
   (1) Unless otherwise authorized by the agency or agencies
designated by the Director of Finance pursuant to Section 13820, each
county superintendent of schools shall be the fiscal agent for any
Comprehensive Alcohol and Drug Prevention Education component award,
and shall be responsible for ensuring that each school district
within that county receives the allocation prescribed by the agency
or agencies designated by the Director of Finance pursuant to Section
13820. Each county superintendent shall develop a countywide plan
that complies with program guidelines and procedures established by
the agency or agencies designated by the Director of Finance pursuant
to Section 13820 pursuant to subdivision (d). A maximum of 5 percent
of the county's allocation may be used for administrative costs
associated with the project.
   (2) Each county superintendent of schools shall establish and
chair a local coordinating committee to assist the superintendent in
developing and implementing a countywide implementation plan. This
committee shall include the county drug administrator, law
enforcement executives, school district governing board members and
administrators, school faculty, parents, and drug prevention and
intervention program executives selected by the superintendent and
approved by the county board of supervisors.
   (d) The Executive Director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820, in consultation
with the State Department of Alcohol and Drug Programs and the State
Department of Education, shall prepare and issue guidelines and
procedures for the Comprehensive Alcohol and Drug Prevention
Education component consistent with this section.
   (e) The Comprehensive Alcohol and Drug Prevention Education
component guidelines shall set forth the terms and conditions upon
which the agency or agencies designated by the Director of Finance
pursuant to Section 13820 is prepared to award grants of funds
pursuant to this section. The guidelines shall not constitute rules,
regulations, orders, or standards of general application.
   (f) Funds awarded under the Comprehensive Alcohol and Drug
Prevention Education Program shall not be subject to Section 10318 of
the Public Contract Code.
   (g) Funds available pursuant to Item 8100-111-001 and Provision 1
of Item 8100-001-001 of the Budget Act of 1989, or the successor
provision of the appropriate Budget Act, shall be allocated to
implement this section.
   (h) The executive director of the agency or agencies designated by
the Director of Finance pursuant to Section 13820 shall collaborate,
to the extent possible, with other state agencies that administer
drug, alcohol, and tobacco abuse prevention education programs to
streamline and simplify the process whereby local educational
agencies apply for drug, alcohol, and tobacco education funding under
this section and under other state and federal programs. The agency
or agencies designated by the Director of Finance pursuant to Section
13820, the State Department of Alcohol and Drug Programs, the State
Department of Education, and other state agencies, to the extent
possible, shall develop joint policies and collaborate planning in
the administration of drug, alcohol, and tobacco abuse prevention
education programs.

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