Restraining orders: educational institutions.

Plain English Breakdown

The bill summary does not provide details on enforcement mechanisms or legal costs.

Restraining Orders for Schools

This law allows school officials to seek restraining orders and injunctions to protect students from violence or threats of violence, and also protects the institution itself.

What This Bill Does

• Allows school leaders to ask a court for a temporary restraining order if there is unlawful violence or a credible threat against a student on campus.
• Enables school officials to seek protection for other students at risk based on the judge's decision.
• Permits school officials to get a restraining order and injunction to protect the whole institution from threats of violence.
• Expands what actions can be considered threatening behavior, including making unwanted calls or sending emails.

Who It Names or Affects

• Students who face violence or threats on campus
• School leaders and officials responsible for maintaining safety
• Individuals who threaten schools or students

Terms To Know

Restraining order

A court order that stops someone from doing certain things, like contacting a person or coming near them.

Injunction

An official command by the court to stop someone from doing something harmful.

Limits and Unknowns

• The bill does not specify what happens if the restraining order is violated.
• It's unclear how this will be enforced or who pays for legal costs.
• Details on how schools will identify and report threats are not provided.

Official Summary Text

SB 1374, as amended, Niello.
Restraining orders: educational institutions.
Existing law authorizes a chief administrative officer of a postsecondary educational institution, as defined, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, that has a student who has suffered unlawful violence or a credible threat of violence from any individual which can reasonably be construed to be carried out or to have been carried out at the school campus or facility, to seek a temporary restraining order and an injunction on behalf of the student and, at the discretion of the court, any number of other students at the campus or facility, as specified.
This bill would also authorize a chief administrative officer of the postsecondary educational institution or an officer or employee designated by the chief administrative officer to maintain order on the
school campus or facility to seek a temporary restraining order and an injunction on behalf of the postsecondary educational institution, upon
a showing of unlawful violence or a credible threat of violence directed at it.
becoming aware of unlawful violence or a credible threat of violence directed towards the postsecondary educational institution.
The bill would also expand the course of conduct, as defined, for which a temporary restraining order can be sought to include making telephone calls
or sending correspondence, including, but not limited to, email correspondence,
to the postsecondary educational institution
or its employees or students,
or sending correspondence to the chief administrative officer.

Current Bill Text

Download Bill PDF