Appendix A: Legal References
Following are the laws, rules and regulations that have guided the creation of this Plan:
Federal
- The Federal Civil Defense Act of 1950, Public Law 920, 81st Congress, is the basic civil defense law.
- The Federal Disaster Relief Act of 1974, Public Law 93-288, authorizes federal assistance to state and local governments in major natural disasters.
- Public Law 4, 58th Congress, January 5, 1905 (33 stat. 599) authorizes the American Red Cross to undertake activities for the relief of persons suffering the results of disasters.
State
- California Administrative Code, Title 5, Education, Section 560, Civil Defense and Disaster Preparedness Plans (adopted by the State Board of Education in September, 1969, and amended in 1979) states that the governing board shall adopt a written policy for use by schools of the district in formulating individual civil defense and disaster preparedness plans.
- Government Code, Chapter 8, Division 4, Title 1, Sections 3100 and 3101 declare that all public employees, except aliens legally employed, are disaster service workers subject to such civilian defense activities as may be assigned to them by their superiors or by law.
- Education Code Section 40041.5 requires school boards to grant use of school property and equipment for public use during disasters and emergencies and to cooperate in furnishing and maintaining services required by the community.
- Education Code Sections 35295 through 35297 require school boards and the county superintendent of schools to establish an earthquake emergency procedure system which includes:
- A building disaster plan;
- A drop procedure;
- Protective measures to be taken before, during, and after an earthquake; and
- A program to ensure that students and staff are aware of and properly trained in the earthquake emergency system.
- Education Code Section 39834(b) states that school district governing boards and county superintendent of schools may adopt a policy establishing plans for evacuation of pupils in case of any emergency which may provide, where necessary, for the loading of school children on a school bus in excess of the limits of its seating capacity.
CITY OR COUNTY
This Plan in no way countermands or supersedes county or local government ordinances or plans pertaining to emergency services.
County Board of Education
- Board Policy 2340 "It is the policy of the Board that the Superintendent shall develop a written plan which ensures the Office's preparedness to meet disasters and which conforms with the emergency and disaster plans of Santa Clara County. This plan shall provide all Office staff and all pupils enrolled in the schools operated by the Office with the instruction they need to be fully informed regarding all phases of emergency and disaster preparedness. The plan shall include the responsibilities each person is to assume should either a man-made or natural disaster occur which requires action on his/her part."
- Administrative Regulation 2340 Regulation 2340 provides for the annual review of this Plan and the individual site plans, as well as the implementation of emergency preparedness drills.