What the law requires  
 
The following are brief summaries of emergency crisis related Education Codes and Government Codes you should be familiar with. Review the entire citation for specific requirements.

Section ~ 32280 of the
California Education Code Comprehensive Safety Plan

This law states that each school district and county office of education is responsible for the overall writing and development of comprehensive school safety plans for its schools operating kindergarten and grades 1-12.  Comprehensive plans include strategies and programs designed to maintain a high level of school safety.  Plans should address procedures for: disaster response; safe ingress and egress to/from school; reporting child abuse; sexual harassment; school discipline; provision for school-wide dress code; policies related to suspension, expulsion or mandatory expulsion, etc.

Katz Act (Sections ~ 35295-35297) of the Education Code

This law requires schools to develop an “earthquake emergency system” which includes developing a school site disaster plan that outlines responsibilities and procedures for students and staff and provide training.  Conducting “drop and cover” drills once a quarter in elementary schools and once a semester in secondary schools are also required.  This law also specifies that public schools will serve as possible community shelters following a disaster.

No Child Left Behind Act of 2001

This federal law is designed to improve student achievement, facilitate accountability and ensure a safe and orderly school by implementing programs that protect students and teachers.  Under No Child Left Behind, States must report school safety statistics to the public on a school-by-school basis, and districts must use federal school-safety funding to establish a plan for keeping schools safe and drug-free.  Having a crisis management plan for responding to violent or traumatic incidents on school grounds is a requirement.

(Chapter 7, Division 1, Title 2, Government Code)
California Emergency Services Act

The Act provides the basic authorities for conducting emergency operations by the governor and/or appropriate local authorities following a proclamation of Local Emergency, State of , or State of , which are consistent with the provisions of this Act.

(Section 3100, Title 1, Division 4, Chapter 8)
California Government Code

Public employees are disaster service workers, subject to such disaster service activities as may be assigned to them by their superiors or by law.  The term “public employees” includes all persons employed by the state or any other county, city, state agency or public district, excluding aliens legally employed. 

(Section ~ 8607 of the California Government Code) Petris Bill

This law requires that state and local government including special districts (i.e. Management System (SEMS).  SEMS must also be used in school planning, training schools) be prepared to respond to emergencies using the Standardized Emergency and exercising (California Code of Regulation 2400-2450).

Chapter 9, Section 1799.102, California Civil Code

It provides for “Good Samaritan Liability” for those providing emergency care at the scene of an emergency.  (“No person, who, in good faith and not for compensation, renders emergency care at the scene of an emergency, shall be liable for any civil damages resulting from any act or omission.  The scene of an emergency shall not include emergency departments and other places where medical care is usually offered.”)

California Emergency Plan

Promulgated by the Governor, and published in accordance with the California Emergency Services Act, it provides overall statewide authorities and responsibilities, and describes the functions and operations of government at all levels during extraordinary emergencies, including wartime.  Section 8568 of the Act states, in part, that “… Emergency Plan shall be in effect in each political subdivision of the state, and the governing body of each political subdivision shall take such action as may be necessary to carry out the provisions thereof.”  Therefore, local emergency plans are considered extensions of the California Emergency Plan.

National Incident Management System (NIMS) Compliance

Since school districts are an integral part of local government, their use of SEMS/NIMS should be achieved in close coordination with other components of the local government. 

School districts are not traditional response organizations and typically are recipients of first responder services provided by fire and rescue, emergency medical and law enforcement agencies. 

This traditional relationship should be acknowledged in achieving SEMS/NIMS compliance within an integrated local government plan for SEMS/NIMS compliance. 

School district participation in the local government’s SEMS/NIMS preparedness program is essential to ensure that first responder services are delivered to schools in a timely and effective manner.