AMENDED IN ASSEMBLY MAY 5, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
98
Introduced by Assembly Member Elhawary
February 21, 2025
An act to add Article 6 (commencing with Section 44115) to Chapter 1 of Part 25 of Division 3 of Title 2 of, 3 (commencing with Section 7080) to Chapter 1 of Part 5 of Division 1 of Title 1 of, and to add Article 7 (commencing with Section 87165) to Chapter 1 of Part 51 of Division 7 of Title 3 of, the Education Code, relating to employees.
Vote: majority Appropriation: no Fiscal committee: yes Local program: yes
LEGISLATIVE COUNSEL’S DIGEST
Existing law establishes the system of public elementary and secondary schools in this state, and provides for the establishment of the local educational agencies, including school districts, that establish and operate the schools and provide instruction to pupils throughout the state. Existing law also establishes the system of public higher education in this state, including the operation of community colleges.
This bill, contingent upon an appropriation for its purposes, would require the State Department of Education to, on or before January 1, 2027, develop a deescalation training and make it publicly available on its internet website. The bill would require, commencing in the 2026–27 academic year, and annually thereafter, a school district, county office of education, charter school, or community college to, for employees who regularly interact with pupils or students, require training on deescalation techniques designed to minimize the likelihood of pupils or students committing violent acts, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law requires an employer, as specified, to establish, implement, and maintain, at all times in all work areas, an effective workplace violence prevention plan containing specified information. Existing law requires the employer to provide effective training to employees on the workplace violence prevention plan, as specified, initially when the plan is first established and annually thereafter.
This bill would require a
workplace violence prevention plan covering employees of a school district, county office of education, charter school, or
community college district, on or before July 1, 2026, to cover additional education-related topics, as provided, and to be in person and allow for questions to be asked and answered by a natural person in real time. The bill would require the training, as revised under the bill, to occur before a new employee begins their duties and as soon as practicable for existing employees, and then annually for all employees. By imposing additional duties on local educational agencies, 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.
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.
The people of the State of California do enact as follows:
Article 6 (commencing with Section 44115) is added to Chapter 1 of Part 25 of Division 3 of Title 2 of the Education Code, to read:
6.
Workplace Violence Prevention Plans
44115.
In addition to the requirements specified in Section 6401.9 of the Labor Code, a workplace violence prevention plan covering employees of a school district, county office of education, or charter school shall, on or before July 1, 2026, also do all of the following:
(a) Require training on the plan to be in person and allow for questions to be asked and answered by a natural person in real time.
(b) (1) Require training on the plan to also cover the following topics:
(A) Physical and verbal deescalation techniques designed to minimize the likelihood of pupils committing violent incidents.
(B) Strategies or supports to help pupils safely return to the learning environment after committing a violent incident.
(2) The techniques, strategies, and supports offered pursuant to paragraph (1) shall be informed by research or experience regarding how best to accommodate, address, and interact with pupils who have exceptional needs or behavioral health issues.
(c) Require training on the plan, as revised pursuant to this section, to occur before an employee hired on or after July 1, 2026, begins their duties, as soon as practicable for employees employed as of June 30, 2026, and thereafter for all employees as part of the annual training required pursuant to paragraph (2) of subdivision (e) of Section 6401.9 of the Labor Code.
SECTION 1.
Article 3 (commencing with Section 7080) is added to Chapter 1 of Part 5 of Division 1 of Title 1 of the Education Code, to read:
Article 3. Deescalation Training
7080.
(a) (1) On or before January 1, 2027, the department, in consultation with current credentialed school employees, current classified school employees, administrators, and experts in deescalation techniques, shall develop a training consistent with this section and make it publicly available on the department’s internet website.
(2) The requirements of this subdivision are contingent upon an appropriation for its purposes in the annual Budget Act or another statute.
(b) A school district, county office of education, charter school, or community college shall, for employees who regularly interact with pupils or students, commencing in the 2026–27 academic year and annually thereafter, require training on deescalation techniques designed to minimize the likelihood of pupils or students committing violent acts.
(c) All of the following apply to the deescalation training required pursuant to subdivision (b):
(1) The deescalation techniques shall be developmentally appropriate for different ages of pupils or students and shall be consistent with the requirements of all of the following laws:
(A) Suspension and expulsion, including alternate means of correction, under Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2 and Article 3 (commencing with Section 76030) of Chapter 1 of Part 47 of Division 7 of Title 3.
(B) Manifestation determinations, under Section 1415(k) of Title 20 of the United States Code.
(C) Restraint and seclusion, under Article 5.2 (commencing with Section 49005) of Chapter 6 of Part 27 of Division 4 of Title 2 and Chapter 5.5 (commencing with Section 56520) of Part 30 of Division 4 of Title 2.
(2) The training shall be no longer than one hour.
(3) The training may be included as part of the training required pursuant to paragraph (1) of subdivision (e) of Section 6401.9 of the Labor Code.
(4) The training may be provided in different modalities, including in-person and virtual formats.
(d) Notwithstanding subdivision (c), a school district, county office of education, charter school, or community college may provide longer, more frequent, or additional training, or require a selected modality be used, if it is mutually agreed upon with the employees’ exclusive representative.
(e) The department shall monitor compliance with the training requirements of this section through its existing annual compliance monitoring of state and federal programs.
SEC. 2.
Article 7 (commencing with Section 87165) is added to Chapter 1 of Part 51 of Division 7 of Title 3 of the Education Code, to read:
Article 7. Workplace Violence Prevention Plans
87165.
In addition to the requirements specified in Section 6401.9 of the Labor Code, a workplace violence prevention plan covering employees of a community college district shall, on or before July 1, 2026, also do all of the following:
(a) Require training on the plan to be in person and allow for questions to be asked and answered by a natural person in real time.
(b) (1) Require training on the plan to also cover the following topics:
(A) Physical and verbal deescalation techniques designed to minimize the likelihood of pupils committing violent incidents.
(B) Strategies or supports to help pupils safely return to the learning environment after committing a violent incident.
(2) The techniques, strategies, and supports offered pursuant to paragraph (1) shall be informed by research or experience regarding how best to accommodate, address, and interact with pupils who have exceptional needs or behavioral health issues.
(c) Require training on the plan, as revised pursuant to this section, to occur before an employee hired on or after July 1, 2026, begins their duties, as soon as practicable for employees employed as of June 30, 2026, and thereafter for all employees as part of the annual training required pursuant to paragraph (2) of subdivision (e) of Section 6401.9 of the Labor Code.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.