Bill Text: CA AB1866 | 2011-2012 | Regular Session | Amended

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Bill Title: School employees: sex offenses: policy on parental

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-07-02 - From committee without further action pursuant to Joint Rule 62(a). [AB1866 Detail]

Download: California-2011-AB1866-Amended.html

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BILL NUMBER: AB 1866	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 22, 2012

   An act to add Section 44050 to the Education Code, relating to
school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1866, as amended, Smyth. School employees: sex offenses: policy
on parental notification.
   Existing law requires the governing board of a school district to
place a certificated or classified employee on a compulsory leave of
absence in specified circumstances, including, among other
circumstances, if the employee is charged by complaint, information,
or indictment filed in a court of competent jurisdiction with the
commission of a sex offense, as defined.
   This bill would require the governing board of a school district
to develop and adopt a policy  to promptly notify 
 relating to the manner in which  the parents or guardians
of the pupils of the school district  if an employee of the
school district has been placed on a leave of absence because the
employee is being investigated for, or has been charged by complaint,
information, or indictment filed in a court of competent
jurisdiction with, committing   may be notified, if at
all, if an employee of the school district is alleged to have
committed  a sex offense, as defined. The bill would require the
governing board of the school district to consult with law
enforcement agencies in developing this policy and would require the
governing board of the school district to make the policy publicly
available. By imposing additional duties on the governing board of a
school district, 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares both
of the following:  
   (a) It would be important for the governing board of a school
district when consulting with law enforcement agencies in developing
a policy related to the manner in which the parents or guardians of
the pupils of the school district are to be notified, if at all, if
an employee of the school district is alleged to have committed a sex
offense, to develop the policy in a manner that does not compromise
ongoing law enforcement investigations.  
   (b) At times, and in order to preserve the presumption of
innocence, it may be necessary for a school district to deny the
parents or guardians of the pupils of the school district access to
the name, grade level, or other personally identifying information of
an employee of the school district alleged to have committed a sex
offense. 
   SECTION 1.   SEC. 2.   Section 44050 is
added to the Education Code, to read:
   44050.  (a) The governing board of a school district shall develop
and adopt a policy  to promptly notify  
relating to the manner in which  the parents or guardians of the
pupils of the school district  if an employee of the school
district has been placed on a leave of absence because the employee
is being investigated for, or has been charged by complaint,
information, or indictment filed in a court of competent jurisdiction
with, committing   may be notified, if at all, if an
employee of the school district is alleged to have committed  a
sex offense, as defined in Section 44010.
   (b) The governing board of a school district shall consult with
law enforcement agencies in developing the policy described in
subdivision (a).
   (c) The governing board of a school district shall make the policy
adopted pursuant to subdivision (a) publicly available.
   SEC. 2.   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.