Chapter 1. Security Departments of California Education Code >> Division 3. >> Title 2. >> Part 23. >> Chapter 1.
(a) The governing board of a school district may establish a
security department under the supervision of a chief of security 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 of a school district
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. It is the intent of the Legislature
in enacting this section that a school district 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 may establish a
school police department under the supervision of a school chief of
police and, in accordance with Chapter 5 (commencing with Section
45100) of Part 25, may employ peace officers, as defined in
subdivision (b) of Section 830.32 of the Penal Code, to ensure the
safety of school district personnel and pupils, and the security of
the real and personal property of the school district.
(c) 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 school
chief of police, respectively, including, but not limited to, prior
employment as a peace officer or completion of a peace officer
training course approved by the Commission on Peace Officer Standards
and Training. A chief of security or school 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
school 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 additional personnel.
(d) 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 officers pursuant to this
section.
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.
(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.
(a) Every school peace officer first employed by a K-12
public school district before July 1, 1999, shall, in order to retain
his or her employment, fulfill both of the following conditions:
(1) The employee shall submit to the school district one copy of
his or her fingerprints on forms prescribed by the Department of
Justice. The Department of Justice shall forward this copy to the
United States Federal Bureau of Investigation.
(2) The employee shall be determined to be a person who is not
prohibited from employment by a school district pursuant to Sections
44237 and 45122.1, and, if the employee is required to carry a
firearm, shall be determined by the Department of Justice to be a
person who is not prohibited from possessing a firearm.
(b) 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 section relating to firearms.
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.
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.
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.
The governing board of a school district that establishes
a school police department shall not permit the school police
department to receive surplus military equipment pursuant to Section
2576a of Title 10 of the United States Code, unless the governing
board of the school district does all of the following:
(a) Votes to approve the acquisition of surplus military equipment
at a regularly scheduled public board meeting.
(b) Provides parents or guardians of pupils, and other members of
the public, a chance to comment at a regularly scheduled public board
meeting on the proposed acquisition of surplus military equipment,
and, clearly and in a manner recognizable to the general public,
identify in the agenda the topic to be discussed at the meeting.
(c) Provides a detailed description of the function and purpose of
the surplus military equipment to be received.
(d) Identifies safe and secure storage for surplus military
equipment to be received by a school police department.
(e) Ensures that peace officers employed by a school police
department possess adequate training in the safe use and handling of
the surplus military equipment to be received.
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.