Bill Text: CA SB1456 | 2017-2018 | Regular Session | Introduced

California Senate Bill 1456 (Prior Session Legislation)

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

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-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1456

Introduced by Senator Morrell

February 16, 2018

An act to add Chapter 6 (commencing with Section 45600) to Part 25 of Division 3 of Title 2 of the Education Code, relating to school employment.

LEGISLATIVE COUNSEL'S DIGEST

SB 1456, as introduced, Morrell. School employment: Providing Safe Schools Act of 2018.

(1) Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law prohibits a person who has been convicted of a violent or serious felony from being hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. Existing law also prohibits a school district from employing or retaining in employment a person who has been convicted, or who has been convicted following a plea of nolo contendere, of any sex offense, as defined.

This bill, the Providing Safe Schools Act of 2018, would prohibit a local educational agency from hiring a person as an employee or independent contractor in a position involving direct contact with children, as defined, if the person was determined by a current or former employer, as the result of an investigation, to be responsible for an act of child abuse or sexual misconduct with a child, as defined. The bill would require, before a local educational agency makes an offer of employment to an applicant for a position involving direct contact with children, the applicant to provide, on a standard form developed by the State Department of Education, the local educational agency with specified information about the applicant’s employment history and allegations, investigations, or findings of child abuse or sexual misconduct with a child by the applicant.

The bill would require, when a local educational agency receives that information from the applicant, the local educational agency to obtain from the current and former employers of the applicant specified information, including, among other things, 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. The bill would prohibit a local educational agency, local educational agency official, or other employer from being subject to civil or criminal liability for the disclosure of information pursuant to these provisions unless the information was disclosed with the knowledge that it was false. The bill would authorize the Commission on Teacher Credentialing to suspend or revoke the credential of a certificated school administrator who willfully fails to disclose the information required pursuant to these provisions.

The bill would authorize a local educational agency to hire an applicant for a position involving direct contact with children on a provisional basis for up to 90 days while the disclosure process established by these provisions is pending, provided that specified requirements are met. The bill would prohibit a collective bargaining agreement, termination agreement, severance agreement, or other contract entered into after January 1, 2019, from preventing the disclosure of any information related to child abuse or sexual misconduct with a child, affecting the ability of the local educational agency to report child abuse or sexual misconduct with a child, or requiring the local educational agency to expunge information relating to child abuse or sexual misconduct with a child from any document, unless the allegations of child abuse or sexual misconduct with a child are determined to be false.

Because the bill would require local educational agencies to comply with additional requirements before hiring new employees, the bill would impose a state-mandated local program.

(2) 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 the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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. Providing Safe Schools Act of 2018

45600.

This chapter shall be known, and may be cited, as the Providing Safe Schools Act of 2018.

45601.

(a) (1) A local educational agency shall not hire a person as an employee or independent contractor in a position involving direct contact with children if the person was determined by a current or former employer, as the result of an investigation, to be responsible for an act of child abuse or sexual misconduct with a child.

(2) Notwithstanding any other law, a local educational agency 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.

(b) Before a local educational agency makes an offer of employment to an applicant for a position involving direct contact with children, the local educational agency shall require the applicant to provide, on a standard form developed by the department, all of the following information:

(1) The name, address, telephone number, and other relevant contact information for the applicant’s current employer, all local educational agencies 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 local educational agency receives the information described in subdivision (b), the local educational agency 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 local educational agency 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 local educational agency. 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 local educational agency 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 local educational agency 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 local educational agency.

(e) Nothing in this chapter shall be construed to require a local educational agency to comply with the requirements described in this section when an existing employee of the local educational agency transfers to a different position within the local educational agency.

(f) For purposes of this chapter, the following terms have the following meanings:

(1) “Child abuse or sexual misconduct with a child” has the same meaning as the term “child abuse or neglect,” as that term is defined in Section 11165.6 of the Penal Code.

(2) “Direct contact with children” means the possibility of care, supervision, guidance, or control of children, or routine interaction with children.

(3) “Local educational agency” means a school district, county office of education, or charter school.

45602.

(a) A local educational agency, local educational agency 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.

45603.

While the disclosure process established in Section 45601 is pending, a local educational agency 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 local educational agency with the information described in subdivision (b) of Section 45601.

(b) The local educational agency has no knowledge of any information that would make the applicant 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 local educational agency.

45604.

A collective bargaining agreement, termination agreement, severance agreement, or other contract entered into after January 1, 2019, shall not prevent the disclosure of any information related to child abuse or sexual misconduct with a child, affect the ability of the local educational agency to report child abuse or sexual misconduct with a child, or require the local educational agency to expunge information relating to child abuse or sexual misconduct with a child from any document, unless the allegations of child abuse or sexual misconduct with a child are determined to be false.

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.