SECTIONS 13860-13864 - California Statutes

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 the Suppression of
Drug Abuse in Schools Program. All funds made available to the agency
for the purposes of this chapter shall be administered and disbursed
by the secretary in consultation with the State Suppression of Drug
Abuse in Schools Advisory Committee established pursuant to Section
13863.
(a) The secretary, 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 of 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. 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
secretary, 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 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 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 secretary. All applications for that
funding shall be reviewed and evaluated by the agency, in
consultation with the State Department of Alcohol and Drug Programs
and the State Department of Education.
(a) The secretary 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, 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 No. D-70-80.
(2) A planning process that includes 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 indepth
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. Funds made available to the agency 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 secretary.
(1) Unless otherwise authorized by the agency, 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.
Each county superintendent shall develop a countywide plan that
complies with program guidelines and procedures established by the
agency 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 secretary, 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 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 secretary 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, 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.