Bill Text: CA SB1456 | 2017-2018 | Regular Session | Amended
Bill Title: School employment: Sexual Abuse-Free Education (SAFE) Act.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2018-04-18 - Read second time and amended. Re-referred to Com. on JUD. [SB1456 Detail]
Download: California-2017-SB1456-Amended.html
Amended
IN
Senate
April 18, 2018 |
Amended
IN
Senate
April 03, 2018 |
Senate Bill | No. 1456 |
Introduced by Senator Morrell (Coauthors: Senators Bates and Wilk) (Coauthors: Assembly Members Choi and Lackey) |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 6 (commencing with Section 45600) is added to Part 25 of Division 3 of Title 2 of the Education Code, to read:CHAPTER 6. Sexual Abuse-Free Education (SAFE) Act
45600.
This chapter shall be known, and may be cited, as the Sexual Abuse-Free Education (SAFE) Act.45601.
(a)(2)Notwithstanding any other law, a
school entity shall comply with the disclosure requirements described in this section before hiring an employee or independent contractor in a position involving direct contact with children.
(1)The name, address, telephone number, and other relevant contact information for the applicant’s current employer, all school entities where the applicant was formerly employed, and all former employers where the applicant had direct contact with children.
(2)A written authorization for the current and former employers of the applicant to disclose information and release records about allegations, investigations, or findings of child abuse or sexual misconduct with a child by the applicant. The authorization shall release the current and
former employers from liability for disclosing that information or releasing those records.
(3)A written statement that includes all of the following:
(A)Whether the applicant was the subject of an investigation concerning child abuse or sexual misconduct with a child by an employer, state licensing agency, law enforcement agency, or child protective services agency. An investigation of child abuse or sexual misconduct with a child where the allegations were determined to be false is not required to be reported by this subparagraph.
(B)Whether the applicant was disciplined, was discharged, was asked to resign, resigned, did not have his or her employment renewed, or was separated from employment while under investigation
for child abuse or sexual misconduct with a child.
(C)Whether the applicant had a license or certification suspended or revoked while allegations of child abuse or sexual
misconduct with a child were pending or due to a finding of child abuse or sexual misconduct with a child.
(c)(1)When a school entity receives the information described in subdivision (b), the school entity shall conduct a review of the employers identified by the applicant and obtain the following information from those employers:
(A)The dates of
employment of the applicant.
(B)A written statement that includes all of the following:
(i)Whether the applicant was the subject of an investigation concerning child abuse or sexual misconduct with a child by an employer, state licensing agency, law enforcement agency, or child protective services agency. An investigation of child abuse or sexual misconduct with a child where the allegations were determined to be false is not required to be reported by this subparagraph.
(ii)Whether the applicant was disciplined, was discharged, was asked to resign, resigned, did not have his or her employment renewed, or was separated from employment while under investigation for child abuse or sexual misconduct with a child.
(iii)Whether the applicant had a license or certification suspended or revoked while allegations of child abuse or sexual misconduct with a child were pending or due to a finding of child abuse or sexual misconduct with a child.
(2)(A)A current or former employer of an applicant shall disclose to the school entity that is considering employment of the applicant, on a standard form developed by the department, all of the information described in paragraph (1) no later than 20 days after it receives the request from the
school entity. The completed form shall be made available to the public.
(B)If the information received from a current or former employer of the applicant indicates that the applicant was subject to an allegation, investigation, or disciplinary action relating to child abuse or sexual misconduct with a child, the school entity shall request the current or former employer to provide additional information and all relevant records relating to the incident. The current or former employer shall provide the requested information to the
school entity no later than 60 days after it receives the request.
(d)For purposes of a substitute employee, the requirements described in this section shall apply only to the initial hiring of the substitute employee by a school entity.
(e)Nothing in this chapter shall be construed to require a school entity to comply with the requirements described in this section when an existing employee of the school entity transfers to a different position within the
school entity.
(f)For purposes of this chapter, the following terms have the following meanings:
(1)“Child abuse or sexual misconduct with a child” means both of the following:
(A)“Child abuse or neglect,” as defined in Section 11165.6 of the Penal Code.
(B)A “sex
offense,” as defined in Section 44010, committed against a pupil.
(2)“Direct contact with children” means the possibility of care, supervision, guidance, or control of children, or routine interaction with children.
(3)“School entity” means a school district, county office of education, charter
school, or private or parochial school.
(a)A school entity, school entity official, or other employer shall not be subject to civil or criminal liability for the disclosure of information pursuant to this chapter unless the information was disclosed with the knowledge that it was false.
(b)Pursuant to Article 1 (commencing with Section 44420) of Chapter 3, the Commission on Teacher Credentialing may suspend or revoke the credential of a certificated school administrator who willfully
fails to disclose the information required pursuant to this chapter.
While the disclosure process established in Section 45601 is pending, a school entity may hire an applicant for a position involving direct contact with children on a provisional basis for up to 90 days, provided that all of the following requirements are satisfied:
(a)The applicant provides the school entity
with the information described in subdivision (b) of Section 45601.
(b)The school entity has no knowledge of any information that would make the applicant ineligible for employment.
(c)The applicant affirms that he or she is not ineligible for employment.
(d)The applicant is prohibited from working alone with children and works in the immediate vicinity of a regular employee of the
school entity.