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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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  MARCH 29, 2012

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 22, 2012

   An act to  amend Section 41303 of   add
Section 44050 to  the Education Code, relating to school
 attendance   employees  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1866, as amended, Smyth.  School attendance: statewide
total average daily attendance.   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 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 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.  
   Existing law establishes the public elementary and secondary
school system in this state, and further establishes a funding system
pursuant to which the state apportions funds to local educational
agencies based on, among other factors, the average daily attendance
of pupils at the schools operated by those agencies. Existing law
also requires the Superintendent of Public Instruction to report to
the Controller, on or before October 20 of each year, the total
average daily attendance during the preceding fiscal year credited to
all kindergarten, elementary, high school, and adult schools in the
state and to county school tuition funds. 
   This bill would make a technical, nonsubstantive change to the
latter provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    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 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 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.    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.  
  SECTION 1.    Section 41303 of the Education Code
is amended to read:
   41303.  The Superintendent shall report to the Controller, on or
before the 20th day of October of each year, the total average daily
attendance during the preceding fiscal year credited to all
kindergarten, elementary, high school, and adult schools in the state
and to county school tuition funds.