SECTIONS 38000-38047.6 - California Statutes

EDUCATION CODE

SECTION 38000-38047.6

38000. (a) The governing board of any school district may establish
a security department under the supervision of a chief of security
or a police department under the supervision of a chief of police, as
designated by, and under the direction of, the superintendent of the
school district. In accordance with Chapter 5 (commencing with
Section 45100) of Part 25, the governing board may employ personnel
to ensure the safety of school district personnel and pupils and the
security of the real and personal property of the school district. In
addition, a school district may assign a school police reserve
officer who is deputized pursuant to Section 35021.5 to a schoolsite
to supplement the duties of school police personnel pursuant to this
section. It is the intention of the Legislature in enacting this
section that a school district police or security department is
supplementary to city and county law enforcement agencies and is not
vested with general police powers.
(b) The governing board of a school district that establishes a
security department or a police department shall set minimum
qualifications of employment for the chief of security or chief of
police, respectively, including, but not limited to, prior employment
as a peace officer or completion of any peace officer training
course approved by the Commission on Peace Officer Standards and
Training. A chief of security or chief of police shall comply with
the prior employment or training requirement set forth in this
subdivision as of January 1, 1993, or a date one year subsequent to
the initial employment of the chief of security or chief of police by
the school district, whichever occurs later. This subdivision shall
not be construed to require the employment by a school district of
any additional personnel.

38001. Persons employed and compensated as members of a police
department of a school district, when appointed and duly sworn, are
peace officers, for the purposes of carrying out their duties of
employment pursuant to Section 830.32 of the Penal Code.

38001.5. (a) It is the intent of the Legislature to ensure the
safety of pupils, staff, and the public on or near California's
public schools, by providing school security officers with training
that will enable them to deal with the increasingly diverse and
dangerous situations they encounter.
(b) After July 1, 2000, every school security officer employed by
a school district who works more than 20 hours a week as a school
security officer shall complete a course of training developed no
later than July 1, 1999, by the Bureau of Security and Investigative
Services of the Department of Consumer Affairs in consultation with
the Commission on Peace Officer Standards and Training pursuant to
Section 7583.31 of the Business and Professions Code. If any school
security officer subject to the requirements of this subdivision is
required to carry a firearm while performing his or her duties, that
school security officer shall additionally satisfy the training
requirements of Section 832 of the Penal Code.
(c) For purposes of this chapter, "school security officer" means
any person primarily employed or assigned pursuant to subdivision (b)
to provide security services as a watchperson, security guard, or
patrolperson on or about premises owned or operated by a school
district to protect persons or property or to prevent the theft or
unlawful taking of district property of any kind or to report any
unlawful activity to the district and local law enforcement agencies.
(d) No school security officer shall be employed or shall continue
to be employed by the district after July 1, 2000, until both of the
following conditions have been met:
(1) (A) The applicant or employee has submitted to the district
two copies of his or her fingerprints on forms or electronically, as
prescribed by the Department of Justice. The district shall submit
the fingerprints to the Department of Justice, which shall submit one
copy of the fingerprints to the United States Federal Bureau of
Investigation.
(B) An applicant or contracted employee who holds a permanent
registration with the Bureau of Security and Investigative Services
of the Department of Consumer Affairs as a security guard need only
submit one copy of his or her fingerprints, which copy shall be
submitted to the United States Federal Bureau of Investigation.
(C) An applicant or contracted employee who is registered by the
Bureau of Security and Investigative Services of the Department of
Consumer Affairs, and who holds a firearms qualification card as
specified in Section 7583.22 of the Business and Professions Code, is
exempt from the requirements of this subdivision.
(2) The applicant or employee has been determined not to be a
person prohibited from employment by a school district pursuant to
Sections 44237 and 45122.1, or by the Department of Justice from
possessing a firearm if the applicant is required to carry a firearm.
The Department of Justice may participate in the National Instant
Criminal Background Check System (NICS) in lieu of submitting
fingerprints to the United States Federal Bureau of Investigation in
order to meet the requirements of this subdivision relating to
firearms.
(e) Every school security officer employed by a school district
prior to July 1, 2000, who works more than 20 hours a week as a
school security officer shall meet the requirements of subdivision
(b) by July 1, 2002, unless he or she has completed an equivalent
course of instruction pursuant to Section 832.2 of the Penal Code.

38002. Moneys transferred into the general fund of any school
district pursuant to Section 1463.12 of the Penal Code may be made
available for the following purposes:
(a) The training of persons employed and compensated as members of
a police department of a school district, pursuant to the
requirements or approval of the Commission on Peace Officer Standards
and Training.
(b) The training of persons employed and compensated as members of
a police department of a school district in other public safety
skills, including, but not limited to, all of the following:
(1) First aid.
(2) Rescue.
(3) Cardiopulmonary resuscitation.
(4) Emergency medical technician training.
(5) Juvenile procedures.
(6) Specialized safety equipment.

38003. Persons employed and compensated as members of a security or
police department of a school district shall be supplied with and
authorized to wear a badge bearing the name of the school district.
The employee shall carry a suitable identification card bearing his
or her photograph and signature and the signature of the
superintendent of the school district. The employee shall also carry
such other identification data as may be required by local law
enforcement agencies. The governing board may direct the wearing of a
distinctive uniform and shall prescribe same. The costs of required
uniforms, equipment, identification badges, and cards shall be borne
by the district.

38004. The governing board of a school district which establishes a
security or police department may provide and maintain motor
vehicles for the use of the department. Any vehicle, when operated in
the performance of his or her duties by any member of the police
department, is an authorized emergency vehicle and may be equipped
and operated as such as provided by the Vehicle Code.

38005. The governing board of any school district may contract with
a private licensed security agency to insure the safety of school
district personnel and pupils and the security of the real and
personal property of the school district when the personnel normally
required to provide such service fail to do so because of an
emergency including, but not limited to, war, epidemic, fire, flood,
or work stoppage; or when such an emergency necessitates additional
security services.
This section shall apply only if the governing board by a majority
vote makes a specific finding that an emergency exists, and that
this finding is included in the board minutes.

38047.5. The State Board of Education shall adopt regulations to
require a passenger in a schoolbus equipped with passenger restraint
systems in accordance with Section 27316 of the Vehicle Code to use a
passenger restraint system so that the passenger is properly
restrained by that system.

38047.6. The State Board of Education shall adopt regulations to
require a passenger in a school pupil activity bus equipped with
passenger restraint systems in accordance with Section 27316.5 of the
Vehicle Code to use a passenger restraint system so that the
passenger is properly restrained by that system.