AMENDED IN ASSEMBLY APRIL 1, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 3038
Introduced by Assembly Member Essayli
February 16, 2024
An act to amend Section 38000 of the Education Code, relating to school safety. legislative counsel’s digest
AB 3038, as amended, Essayli. School safety: armed school resource officers.
Existing law authorizes the governing board of a school district to 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. Existing law also authorizes the governing board of a school district to establish a school police department under the supervision of a school chief of police and to employ peace officers.
This bill would require a school district or charter school to hire or contract with at least one armed school resource officer, as defined, authorized to carry a loaded firearm to be present at each school of the school district or charter school during regular school hours and any other time when pupils are present on campus. campus, phased in by certain grade spans, as provided. By imposing an additional requirement on school districts and charter schools, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. 98 AB 3038
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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 38000 of the Education Code is amended 2 to read:
3 38000. (a) The governing board of a school district may 4 establish a security department under the supervision of a chief of 5 security as designated by, and under the direction of, the 6 superintendent of the school district. In accordance with Chapter 7 5 (commencing with Section 45100) of Part 25, the governing 8 board of a school district may employ personnel to ensure the 9 safety of school district personnel and pupils and the security of 10 the real and personal property of the school district. It is the intent 11 of the Legislature in enacting this section that a school district 12 security department is supplementary to city and county law 13 enforcement agencies and is not vested with general police powers. 14 (b) The governing board of a school district may establish a 15 school police department under the supervision of a school chief 16 of police and, in accordance with Chapter 5 (commencing with 17 Section 45100) of Part 25, may employ peace officers, as defined 18 in subdivision (b) of Section 830.32 of the Penal Code, to ensure 19 the safety of school district personnel and pupils, and the security 20 of the real and personal property of the school district. 21 (c) The governing board of a school district that establishes a 22 security department or a police department shall set minimum 23 qualifications of employment for the chief of security or school 24 chief of police, respectively, including, but not limited to, prior 25 employment as a peace officer or completion of a peace officer 26 training course approved by the Commission on Peace Officer 27 Standards and Training. A chief of security or school chief of 28 police shall comply with the prior employment or training 29 requirement set forth in this subdivision as of January 1, 1993, or 30 a date one year subsequent to the initial employment of the chief 31 of security or school chief of police by the school district, 98 — 3 —
AB 3038
1 whichever occurs later. This subdivision shall not be construed to 2 require the employment by a school district of additional personnel. 3 (d) A school district may assign a school police reserve officer 4 who is deputized pursuant to Section 35021.5 to a schoolsite to 5 supplement the duties of school police officers pursuant to this 6 section.
7 (e) (1) A school district district, including a school district that 8 establishes a police department pursuant to this section, or a 9 charter school shall hire or contract with at least one armed school 10 resource officer authorized to carry a loaded firearm pursuant to 11 Article 3 (commencing with Section 25900) of Chapter 3 of 12 Division 5 of Title 4 of Part 6 of the Penal Code to be present at 13 each school of the school district or charter school during regular 14 school hours and any other time when pupils are present on 15 campus. campus, in accordance with the following:
16 (A) On and after January 1, 2025, each school or charter school 17 that maintains any of the grades 9 to 12, inclusive. 18 (B) On and after January 1, 2026, each school or charter school 19 that maintains any of the grades 6 to 8, inclusive, but no grade 20 lower than grade 6.
21 (C) On and after January 1, 2027, each school or charter school 22 that maintains a kindergarten or any grades 1 to 5, inclusive. 23 (2) This subdivision shall only apply to a school or charter 24 school with an enrollment of 50 or more pupils.
25 (2)
26 (3) A school district’s or charter school’s costs of implementing 27 paragraph (1) shall be reimbursed as a state mandate under Section 28 6 of Article XIII B of the California Constitution and shall not be 29 funded with the funding provided to school districts and charter 30 schools pursuant to Section 42238.02.
31 (3)
32 (4) For purposes of this subdivision, “school resource officer” 33 means an individual who is a peace officer as defined in Chapter 34 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal 35 Code and is employed by, or contracts to be assigned to, a school 36 district or a charter school.
37 SEC. 2. If the Commission on State Mandates determines that 38 this act contains costs mandated by the state, reimbursement to 39 local agencies and school districts for those costs shall be made 98 AB 3038
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1 pursuant to Part 7 (commencing with Section 17500) of Division 2 4 of Title 2 of the Government Code.
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