Senate BillChaptered/SignedEducation
SB 1083: Noncertificated public school employees: private school employees: egregious misconduct: statewide data system: Commission on Teacher Credentialing: adverse actions: contracts and background checks for educational services.
What SB 1083 does, verified September 29, 2026
This bill aims to improve the handling of egregious misconduct cases involving noncertificated school employees and private school staff. The bill requires employers to conduct thorough investigations into allegations of misconduct, providing employees with written notice before commencing an investigation. Employers must complete the investigation and provide the employee with a substantiated, unsubstantiated, or inconclusive report. The report will be submitted to a statewide data system, which will track investigations and substantiated reports of misconduct. The bill also requires employers to submit notice to the statewide data system when an investigation is commenced or completed. Local educational agency employers and private school employers must submit notice to the statewide data system when an employee leaves a position, and the system will indicate the status of the investi…
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Last action: Chaptered by Secretary of State. Chapter 676, Statutes of 2026. (2026-09-27)Alert me
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| Sep. 27, 2026 | Chaptered by Secretary of State. Chapter 676, Statutes of 2026. |
| Sep. 27, 2026 | Approved by the Governor. |
| Sep. 08, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 30, 2026 | Assembly amendments concurred in. (Ayes 30. Noes 3.) Ordered to engrossing and enrolling. |
| Aug. 25, 2026 | Read third time. Passed. (Ayes 78. Noes 0. Page 6471.) Ordered to the Senate. |
Latest bill textChaptered version, September 27, 2026 · 13,037 words
Senate Bill No. 1083
CHAPTER 676
An act to amend Sections 33113.5, 44051, 44052, 44242.5, 44242.7, 44341, 44691, 45125.1, 59009, 59105, and 59206 of, and to add Sections 44050.5, 44053, and 45125.15 to, the Education Code, relating to school employees.
[ Approved by Governor September 27, 2026. Filed with Secretary of State September 27, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1083, Pérez. Noncertificated public school employees: private school employees: egregious misconduct: statewide data system: Commission on Teacher Credentialing: adverse actions: contracts and background checks for educational services.
(1) Existing law requires school districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the State Department of Education considering an applicant for a noncertificated position, and private schools considering an applicant for any position, to inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as required to be disclosed, as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined, that were used to support a substantiated investigation. Existing law requires those entities, when responding to an inquiry as to whether it has made a report of egregious misconduct to the Commission on Teacher Credentialing, to also provide the inquiring entity with a copy of all relevant information that was used to support a substantiated investigation within its possession.
This bill would revise and recast those provisions by, among other things, (A) requiring those inquiries and disclosures to be related to any credible complaints of, investigations into, or discipline for, egregious misconduct, instead of only those complaints, investigations, or discipline used to support a substantiated investigation, (B) requiring those entities to provide relevant evidence in addition to any information, as specified, (C) requiring the responses to inquiries described above to include reports of egregious misconduct submitted to the statewide data system described in paragraph (2) and other related employment history that has been submitted to the commission, as provided, (D) requiring those entities to also provide relevant evidence or information to the commission upon inquiry, and (E) requiring those entities to preserve evidence or information relating to a substantiated report of egregious misconduct, as specified. The bill would establish that a school employee may be subject to dismissal if the employee, while holding a previous position in a local educational agency or private school, was the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct, that was reported to the statewide data system described in paragraph (2) and either the employer failed to disclose that information or the employee did not disclose their previous education employers, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
(2) Existing law requires the commission, on or before July 1, 2027, and contingent upon an appropriation for these purposes in the annual Budget Act or another statute, to develop a statewide data system that includes information relating to investigations of allegations of egregious misconduct of individuals serving in a noncertificated position for a local educational agency, as defined, or in any position for a private school. Existing law requires local educational agency employers and private school employers, following both the start of, and completion of, an investigation of egregious misconduct, to submit notice to the statewide data system, as provided. Existing law requires substantiated reports of egregious misconduct and employee departures from employment during investigations to be recorded in the statewide data system and prohibits the recording in the statewide data system of investigations of egregious misconduct that result in an unfounded or inconclusive report, as provided.
This bill would revise and recast those provisions by, among other things, (A) specifying that the statewide data system to be developed is specific to investigations of egregious misconduct, (B) revising the statewide data system’s data fields, as specified, (C) revising the data that is to be submitted by local educational agencies and private schools and the processes for submitting and updating that data, as specified, and (D) specifying the role and responsibilities of the commission, local educational agencies, and private schools regarding the statewide data system by, among other things, (i) requiring the commission to develop a secure interface, as provided, and (ii) requiring local educational agencies and private schools to (I) request access to the statewide data system through the secure interface by May 1, 2027, (II) provide the commission with a designated email address for purposes of receiving notifications from the statewide data system, and (III) preserve all information or evidence related to substantiated reports of egregious misconduct that are notated in the statewide data system. The bill would also explicitly state that these provisions apply to merit districts. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would, among other things, provide that data contained in the statewide data system is not subject to disclosure under the California Public Records Act and that specified rights under the Information Practices Act of 1977 do not apply to data maintained in the statewide data system that is personal information for purposes of that act.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
This bill would require a local educational agency or private school, upon receiving any credible complaint or other reason to believe that an employee has engaged in egregious misconduct, to conduct an investigation to determine whether the employee committed egregious misconduct. For local educational agencies, the bill would, among other things, (A) specify investigative timelines and (B) require the local educational agency to give the employee a reasonable opportunity to provide a statement and evidence to the investigator and, within 10 calendar days of the conclusion of the investigation, to serve upon the employee a written notice relating to the findings, as specified. The bill would require each private school to adopt, by July 1, 2027, a written employee investigation policy that includes, at a minimum, a description of the steps to be followed during those investigations, reasonable timelines for commencing and concluding those investigations, and the rights or responsibilities of the employer and employee relating to those investigations. The bill would require local educational agencies and private schools to complete the investigation regardless of whether the employee ends the employment relationship. The bill would explicitly state that these provisions apply to merit districts.
By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
Existing law requires those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions to review the statewide data system to determine whether an investigation resulted in a substantiated report of egregious misconduct before hiring an individual for an applicable position.
This bill would, among other things, require the statewide data system to be accessible only to commission employees for specified purposes and employees of local educational agencies and private schools that are responsible for employment, employee investigations, or hiring decisions, and would require all of those employees to keep information contained in the statewide data system confidential, as provided.
(3) Existing law requires the commission to appoint a Committee of Credentials and requires allegations of acts or omissions for which adverse action may be taken against applicants or holders of teaching or services credentials to be presented to the committee. Existing law authorizes the committee to commence an initial review upon the receipt of any of a list of specified documents or information, including the receipt of a record of a substantiated report, and a record of a start of an investigation followed by a change in employment status during an investigation, entered into the statewide data system. Existing law authorizes the committee to commence a formal review, as specified, upon receipt of specified documents or information.
This bill would, among other things, (A) additionally authorize the committee to commence a formal review upon the receipt of an entry in the statewide data system of a substantiated report or a record of a start of an investigation followed by a change in employment status during the investigation entered into the statewide data system, (B) authorize the commission to make inquiries and requests for production of information and records from local educational agencies and private schools for purposes of investigating substantiated reports of egregious misconduct submitted to the statewide data system, and (C) require an entry of a substantiated report of egregious misconduct that does not involve sexual misconduct with a minor or recurring conduct resulting in a pattern of misconduct to be presented to the Committee of Credentials for initial review within 4 years.
Existing law authorizes the commission, for purposes of ascertaining the moral character and true identity of the holder of a credential or an applicant for a credential or the renewal of a credential after jurisdiction to commence an initial review has been established, to require the production of information, records, reports, and other data from any public agency, as provided.
This bill would authorize the commission to also require the production of information, records, reports, and other data for those purposes from private schools.
(4) Existing law authorizes the department to require employees, prospective employees, volunteers, contractors, and subcontractors for the department and the state special schools and diagnostic centers operated by the department to undergo a fingerprint-based state and national criminal history background check, as specified.
This bill would instead require the department to require those background checks, as specified.
Existing law requires any entity that has a contract with a local educational agency, as defined, to ensure that any employee who interacts with pupils has a valid criminal records summary. Existing law exempts entities from this requirement in an emergency or exceptional situation. If a pupil participates in services provided by a contractor as part of an independent study program, and the pupil is under the immediate supervision and control of the pupil’s parent or guardian, existing law requires the local educational agency to either verify completion of a valid criminal records summary for all employees or ensure that the parent or guardian has signed a consent form.
This bill would revise and recast these provisions by, among other things, expanding the requirement for a valid criminal records summary to any entity that has a contract with a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department. The bill would extend the application of that requirement to any employee, including a subcontractor, who interacts with pupils or provides direct services to pupils, as provided. The bill would require, as a condition of the above-described exemption from this requirement for a valid criminal records summary, the entity’s employee, including a subcontractor, to be within the immediate supervision and control of a school employee. The bill would, as applied to a pupil participating in an independent study program, instead require a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department to verify the completion of a valid criminal records summary and remove the alternative of obtaining the consent form from the parent or guardian. The bill would also require a local educational agency and the department to include a requirement in contracts with these entities setting forth a termination clause for noncompliance with these requirements.
This bill would separately require, on or before July 1, 2027, each governing board or body of a local educational agency, as defined, each private school, and the department for purposes of state special schools and diagnostic centers operated by the department, when entering into a contract with any entity for specified services to pupils to (A) ensure that the contract terms and conditions include, among other things, the above-described requirements concerning background checks or, for private schools, other specified requirements concerning background checks and (B) enforce those terms. The bill would also require, on or before July 1, 2027, each governing board or body of a local educational agency, the department for purposes of state special schools and diagnostic centers operated by the department, and private schools, when entering into a contract with any entity for specified services to pupils to ensure that the contract terms and conditions include, among other things, (A) a requirement that as part of qualifying to be a contractor or subcontractor for a local educational agency, the department, or a private school, the entity disclose any credible complaints of, or discipline for, reportable conduct, defined to include specified offenses, by the entity’s employees, including subcontractors, who will be providing the services, as provided, and (B) a requirement on the local educational agency, the department, or the private school to check the names and pertinent identifying information provided by a contracting entity against the statewide data system or pursuant to alternate procedures, as specified. If any credible complaint of egregious misconduct by any contractor or subcontractor, or employee, including a subcontractor, of any contractor or subcontractor, performing services for the local educational agency, the department, or the private school is made or received, the bill would require the local educational agency, the department, or the private school to make specified notifications.
(5) Existing law requires private schools, among other entities, to provide annual training, using an online training module provided by the State Department of Social Services or an alternative training, to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined, on the mandated reporting requirements related to child abuse, as provided. Existing law requires this alternative training module to be approved by the liability insurance provider used by the private school, as provided.
This bill would require the alternative training module for private schools to be approved by the private school’s governing authority instead of by the private school’s liability insurance provider.
(6) 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.
The people of the State of California do enact as follows:
SECTION 1.
Section 33113.5 of the Education Code is amended to read:33113.5.
(a) The department shall require employees, prospective employees, volunteers, contractors, and subcontractors to undergo a fingerprint-based state and national criminal history background check.(b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) pursuant to subdivision (u) of Section 11105 of the Penal Code.
(c) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department.
(d) The Department of Justice shall provide a state- and federal-level response to the department pursuant to subdivision (p) of Section 11105 of the Penal Code.
(e) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in subdivision (a).
SEC. 2.
Section 44050.5 is added to the Education Code, to read:44050.5.
For purposes of this section and Sections 44051, 44052, and 44053, the following definitions apply:(a) “Contractor” or “subcontractor” means any third-party entity that has a contract with the governing board or body of a local educational agency, or with the department for purposes of state special schools and diagnostic centers operated by the department, providing a service as described in Sections 45125.1 and 45125.15.
(b) “Data” means information about an employee that corresponds to a data field and is submitted to the statewide data system by a local educational agency or private school.
(c) “Data field” means a category of information specified in subdivision (a) of Section 44052.
(d) “Egregious misconduct” has the same meaning as that term is defined in paragraph (1) of subdivision (a) of Section 44932.
(e) “Employee” means a noncertificated employee of a local educational agency or any employee of a private school, has the same meaning as defined in Section 3351 of the Labor Code, and includes former employees.
(f) “Inconclusive report” means a report that is determined by the investigator who conducted the investigation not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether egregious misconduct has occurred.
(g) “Local educational agency” means a school district, county office of education, charter school, educational joint powers authority, or state special school or diagnostic center operated by the department.
(h) “Noncertificated position” means any position that does not, as a condition of employment, require the employee to hold a credential, as defined in Section 44002. An “employee in a noncertificated position” means an employee, directly employed by a local educational agency or private school, serving in a noncertificated position, whether temporary or not, regardless of the length of their employment and regardless of whether they hold a credential, as defined in Section 44002.
(i) “Private school” means a school that is owned or operated by a private person, firm, association, organization, or corporation, rather than by a public agency, that enrolls six or more pupils and has filed an affidavit with the department pursuant to Section 33190, and is not a charter school pursuant to the Charter Schools Act of 1992 (Part 26.8 (commencing with Section 47600) of Division 4).
(j) “Report of an employee’s egregious misconduct to the Commission on Teacher Credentialing” means a report submitted to the commission pursuant to Section 80303 or 80304 of Title 5 of the California Code of Regulations in which the local educational agency specifically alleges that an employee engaged in egregious misconduct.
(k) “Statewide data system” or “data system” means the statewide data system established pursuant to Section 44052.
(l) “Submit to the statewide data system” means to enter data into the statewide data system through the use of its online submission interface.
(m) “Substantiated report” means a report that is determined by the investigator who conducted the investigation to constitute egregious misconduct, based upon evidence that makes it more likely than not that egregious misconduct occurred. A substantiated report shall not include a report where the investigator who conducted the investigation found the report to be false, to be inherently improbable, to involve an accidental injury, or to not constitute egregious misconduct.
(n) “Unfounded report” means a report that is determined by the investigator who conducted the investigation to be false, to be inherently improbable, to involve an accidental injury, or to not constitute egregious misconduct.
SEC. 3.
Section 44051 of the Education Code is amended to read:44051.
(a) (1) A person applying for a noncertificated position at a local educational agency or applying for any position at a private school, shall provide that prospective employer with a complete list of every local educational agency and private school that employs or has previously employed the applicant.(2) Local educational agencies considering an applicant for a noncertificated position, and private schools considering an applicant for any position, shall, at a minimum, inquire with each local educational agency or private school, as disclosed pursuant to paragraph (1), as to whether the applicant, while employed by the disclosed local educational agency or private school was the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct.
(3) (A) When providing a response for purposes of paragraph (2), local educational agencies and private schools shall disclose to the inquiring local educational agency or private school that is considering an application for employment from the applicant all of the following:
(i) Whether it has submitted a report of an employee’s egregious misconduct to the statewide data system described in Section 44052.
(ii) Notwithstanding any other law, a copy of all relevant information or evidence within its possession that was used to support a substantiated report of the applicant’s egregious misconduct.
(iii) Other employment history consistent with the type of information disclosed for certificated employees pursuant to paragraphs (2) and (3) of subdivision (c) of Section 44939.5, and notwithstanding any other law, a copy of all relevant information or evidence within its possession.
(B) Notwithstanding any other law, information and evidence relating to a substantiated report shall be preserved by the local educational agency or private school at which the substantiated report was filed, and shall be provided regardless of any proposed or actual agreement, settlement, or stipulation not to provide that evidence.
(b) Upon inquiry by the commission, and notwithstanding any other law, local educational agencies and private schools who have submitted a report of an employee’s egregious misconduct to the commission, or who have submitted data to the data system pursuant to Section 44052, shall provide the commission with a copy of all relevant information or evidence within its possession that was used to support a substantiated report of the credentialholder’s or credential applicant’s egregious misconduct. Information or evidence relating to a substantiated report shall be preserved by the local educational agency or private school at which the substantiated report was filed and shall be provided regardless of any proposed or actual agreement, settlement, or stipulation not to provide that evidence.
(c) A noncertificated employee at a local educational agency or any employee at a private school may be subject to dismissal if their current employer receives notice that the employee, while holding a previous position in a local educational agency or private school, was the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct that were reported to the statewide data system described in Section 44052, and either condition outlined in paragraph (1) or (2) exists:
(1) The school employee failed to comply with the requirements of paragraph (1) of subdivision (a).
(2) The school employee’s previous employer failed to disclose any credible complaints of, investigations into, or discipline for, egregious misconduct pursuant to paragraphs (2) and (3) of subdivision (a).
SEC. 4.
Section 44052 of the Education Code is amended to read:44052.
(a) On or before July 1, 2027, the commission shall, contingent upon an appropriation for these purposes in the annual Budget Act or another statute, develop a statewide data system relating to investigations of egregious misconduct that includes all of the following information for individuals employed in a noncertificated position at a local educational agency or in any position at a private school. The data system shall include the following data fields populated by submissions from local educational agencies and private schools pursuant to this section:(1) The full name, date of birth, and last four digits of the social security number of the employee.
(2) The title, starting date, and ending date, if applicable, for each position held by the employee at a local educational agency or private school, as well as the name of that local educational agency or private school.
(3) The name of each local educational agency or private school that submitted the employee’s data to the statewide data system pursuant to this section.
(4) (A) Whether the local educational agency or private school conducted an employee investigation of any credible complaints of egregious misconduct that was completed on or after January 1, 2026, and resulted in a substantiated report.
(B) Commencing January 1, 2027, whether the local educational agency or private school provided a response to an inquiry by a local educational agency or private school regarding a substantiated report of egregious misconduct that was completed before January 1, 2026.
(5) The date each investigation described in paragraph (4) was commenced and the date it was completed.
(6) Whether the employee left employment with a local educational agency or private school before the completion of an investigation of egregious misconduct pursuant to Section 44053 and, if so, each of the following, as applicable, to be updated by the local educational agency or private school pursuant to subdivision (e):
(A) A preliminary notation that the employee left employment after becoming the subject of any credible complaint of egregious misconduct but before the issuance of the appropriate report.
(B) A notation that an investigation was commenced based on any credible complaints of egregious misconduct and whether that investigation is pending.
(C) A notation that the local educational agency or private school has issued a substantiated report of egregious misconduct pursuant to Section 44053.
(7) Employment status.
(b) (1) Those local educational agencies and private schools that are responsible for employment, employee investigations, or hiring decisions shall, before hiring an individual for a noncertificated position at a local educational agency or any position at a private school, review the statewide data system to determine whether an investigation resulted in a substantiated report.
(2) The statewide data system shall be accessible only to commission employees for the purposes of administering the data system pursuant to subdivision (g) and for determining jurisdiction pursuant to Section 44242.5, and employees of local educational agencies and private schools that are responsible for employment, employee investigations, or hiring decisions.
(3) (A) Local educational agency employees and private school employees shall keep information contained in the statewide data system confidential.
(B) Commission employees shall maintain the confidentiality and privacy of the information stored in the statewide data system in accordance with this section.
(C) The data entered into the data system shall not be used for any purpose other than what is expressly authorized in this section and Sections 44051 and 44053.
(4) Review of the data system does not relieve local educational agencies and private schools of their duty to contact an applicant’s disclosed employers pursuant to Section 44051.
(c) Within 30 calendar days of hiring an employee for a noncertificated position at a local educational agency or for any position at a private school, the local educational agency or private school shall submit to the statewide data system applicable information specified in paragraph (1) of subdivision (a).
(d) Within 30 calendar days of an employee transferring into, or adding, a noncertificated position with the same local educational agency or any position at the same private school, the local educational agency or private school shall submit to the statewide data system applicable information specified in paragraph (1) of subdivision (a) relative to the new or additional position.
(e) (1) Within 10 calendar days of an employee leaving a noncertificated position at a local educational agency or any employee leaving a position at a private school, the local educational agency or private school shall submit to the statewide data system the final date of employment or final date in the position.
(2) If an employee in a noncertificated position leaves a local educational agency, or any employee leaves a private school, where the employee is the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct before the completion of an investigation of egregious misconduct pursuant to Section 44053, the local educational agency or private school shall do all of the following:
(A) Update the data field specified in subparagraph (A) of paragraph (6) of subdivision (a) to reflect any change in the employee’s employment status and submit a notation of any change in employment status when it occurs after the employee becomes the subject of any credible complaints of egregious misconduct and before issuance of the appropriate report.
(B) Update the data specified in subparagraph (B) of paragraph (6) of subdivision (a) to reflect that an investigation was commenced based on any credible complaints of egregious misconduct.
(C) Within the timeframe established in subdivision (a) of Section 44053, complete the investigation and, based on the investigation’s findings, issue a report that determines whether the alleged egregious misconduct has resulted in a substantiated, unfounded, or inconclusive report.
(D) Consistent with subdivision (f), update the data field specified in subparagraph (C) of paragraph (6) of subdivision (a) to reflect the issuance of the report of the local educational agency or private school.
(3) After a local educational agency or private school updates the data field specified in subparagraph (B) of paragraph (2), the statewide data system shall do all of the following:
(A) Update the data fields in specified subparagraph (B) of paragraph (6) of subdivision (a) and subparagraph (B) of paragraph (2) to reflect a pending investigation until the local educational agency or private school submits subsequent data pursuant to subdivision (f).
(B) Immediately send an electronic notification to each designated email address provided by the employer or employers indicated in the statewide data system as currently employing the noncertificated employee in a local educational agency or the employee of a private school. The electronic notification shall state that a preliminary notation has been made pursuant to subparagraph (B) of paragraph (6) of subdivision (a) and an investigation is pending.
(C) Thirty days after the immediate notification provided for in subparagraph (B), and every 30 days thereafter until the local educational agency or private school submits subsequent data pursuant to subdivision (f), the data system shall send an electronic notification to each email address designated by the employer or employers indicated in the data system as currently employing the noncertificated employee in a local educational agency or the employee of a private school. The electronic notification shall state that a preliminary notification has been made pursuant to subparagraph (B) of paragraph (6) of subdivision (a).
(f) (1) If an investigation of egregious misconduct results in a substantiated report, and the local educational agency or private school concurs with the substantiated report, the local educational agency or private school shall submit to the statewide data system the date that the investigation concluded and the date that the substantiated report of egregious misconduct was issued.
(2) If an investigation of egregious misconduct results in an unfounded report or inconclusive report, or if the local educational agency or private school does not concur with a substantiated report, the local educational agency or private school shall remove any related data that it submitted during the course of the investigation from the statewide data system.
(3) If a previously substantiated report is later determined by the governing board or body of the local educational agency, the private school, or an administrative law judge, if applicable, to be unfounded or inconclusive, the local educational agency or private school shall, within 10 calendar days, remove the report and any related data it submitted during the course of the investigation from the statewide data system.
(g) The commission shall serve only as the data administrator for records submitted to the statewide data system, consistent with all of the following:
(1) The commission shall ensure the secure operation and technical functionality of the statewide data system.
(2) The commission shall not be responsible for verifying the truthfulness or legal sufficiency of the data submitted to the statewide data system by local educational agencies or private schools. The commission shall not be liable for any claims related to the publication of statewide data within the data system or for any notifications to employers as a result of information submitted to the statewide data system.
(3) The commission shall, within five business days of receiving a request for access to the data system from a local educational agency or private school, provide the requesting entity access to the statewide data system for the purposes of this section. If the statewide data system is not operational at the time the request is received, the commission shall provide access within five business days after the data system is operational.
(4) The commission shall develop a secure interface through which only local educational agencies and private schools may review or submit the data enumerated in subdivision (a).
(5) The commission shall not authorize the submission of any additional information into the data system, other than the data enumerated in subdivision (a) and submitted pursuant to this section.
(6) The commission shall only utilize the data in the data system for the purposes of administering the data system consistent with this section or for purposes of investigating allegations of egregious misconduct consistent with Section 44242.5.
(h) Local educational agencies and private schools have the following duties relating to the statewide data system:
(1) (A) Local educational agencies and private schools shall request access to the statewide data system through a secure interface designed by the commission by May 1, 2027. Local educational agencies and private schools established after May 1, 2027, shall request access to the statewide data system through a secure interface designed by the commission within 30 days of being established and before any hiring decisions commence.
(B) Failure by a local educational agency or private school to request access to the statewide data system by the timelines established pursuant to subparagraph (A) shall not be a basis to withhold access to the statewide data system.
(2) Local educational agencies and private schools shall provide the commission with the email address or email addresses designated to receive electronic notices pursuant to this section. Local educational agencies and private schools shall ensure that the designated email address or addresses remain current to ensure receipt of notices pursuant to this section.
(3) Local educational agencies and private schools shall only utilize the statewide data system for the purposes specified in this section.
(4) Notwithstanding any other law, local educational agencies and private schools shall preserve, for the purposes of Section 44051, all information or evidence related to substantiated reports of egregious misconduct that are notated in the statewide data system.
(5) Each local educational agency and private school shall, within 90 days of the statewide data system being operational, as determined by the commission, submit to the statewide data system whether the local educational agency or private school conducted an employee investigation of any credible complaints of egregious misconduct that was completed on or after January 1, 2026, and resulted in a substantiated report.
(6) Each local educational agency and private school shall, after January 1, 2027, submit to the statewide data system whether the local educational agency or private school provided a response to an inquiry by a local educational agency or private school regarding a substantiated report of egregious misconduct that was completed before January 1, 2026.
(i) Notwithstanding any other law, data contained in the statewide data system shall not be subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(j) The commission’s administration of the statewide data system shall not be deemed to be a violation of Sections 44230 and 44248.
(k) Any data maintained by the statewide data system that meets the definition of personal information, as defined in Section 1798.3 of the Civil Code, shall not be used or disclosed except for purposes consistent with this section and Article 3 (commencing with Section 44240) of Chapter 2.
(l) All of the following individual rights specified in the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code) do not apply to data maintained under this section:
(1) The individual right to inquire and be notified as to whether the data system maintains a record about that individual, as provided in Section 1798.32 of the Civil Code.
(2) The individual right to inspect personal information in any record maintained in the data system, as provided in Section 1798.34 of the Civil Code.
(3) The individual right to request to amend any record maintained in the data system, as provided in Section 1798.35 of the Civil Code.
(m) This section shall apply to all school districts, including merit districts.
SEC. 5.
Section 44053 is added to the Education Code, to read:44053.
(a) (1) A local educational agency or private school, upon receiving any credible complaint or other reason to believe that an employee has engaged in egregious misconduct shall conduct an investigation to determine whether the employee committed egregious misconduct.(2) Investigations conducted by a local educational agency pursuant to paragraph (1) shall commence within 15 calendar days of receiving a credible complaint or other reason to believe that an employee has engaged in egregious misconduct.
(3) Investigations conducted by a local educational agency pursuant to paragraph (1) shall be concluded within 90 calendar days of being commenced. Conclusion of the investigation shall be evidenced by an unfounded report, a substantiated report, or an inconclusive report. The timeline for conclusion of the investigation may be extended for good cause.
(4) (A) On or before July 1, 2027, each private school shall adopt a written employee investigation policy for investigations described in paragraph (1) that includes, at a minimum, a description of the steps to be followed during those investigations, reasonable timelines for commencing and concluding those investigations, and the rights or responsibilities of the employer and employee relating to those investigations.
(B) Investigations pursuant to paragraph (1) by private schools shall be conducted in accordance with the written policy adopted pursuant to subparagraph (A) and shall be completed regardless of whether the employee separates from their employment from the private school, and any resulting substantiated reports of an employee’s egregious misconduct shall be submitted to the statewide data system pursuant to Section 44052.
(b) (1) The local educational agency conducting an investigation pursuant to subdivision (a) shall give the employee the reasonable opportunity to provide a statement and evidence to the investigator. The statement or evidence may be in person or in writing, or both, at the employee’s option.
(2) Records related to this investigation shall not be entered into an employee’s personnel records unless and until an opportunity is provided to the employee to review and comment on those records. Investigative records shall not be made available until the conclusion of the investigation.
(3) The investigation shall be completed regardless of whether the employee ends the employment relationship with the local educational agency.
(c) Within 10 calendar days of the conclusion of the investigation, the local educational agency shall serve upon the employee a written notice of the finding and a summary of the basis for the finding. Service shall be made by a method authorized by Section 11505 of the Government Code.
(d) For purposes of this section, “good cause” includes, but is not limited to, delays resulting from circumstances in which a law enforcement agency is conducting a criminal investigation or other law enforcement activity related to the alleged misconduct is under review.
(e) This section shall apply to all school districts, including merit districts.
SEC. 6.
Section 44242.5 of the Education Code is amended to read:44242.5.
(a) Each allegation of an act or omission by an applicant for, or holder of, a credential for which the applicant may be subject to an adverse action shall be presented to the Committee of Credentials.(b) The committee has jurisdiction to commence an initial review upon receipt of any of the following:
(1) (A) Official records of the Department of Justice, of a law enforcement agency, of a state or federal court, and of any other agency of this state or another state.
(B) For purposes of subparagraph (A), “agency of this state” has the same meaning as that of “state agency” as set forth in Section 11000 of the Government Code.
(2) An affidavit or declaration signed by a person with personal knowledge of the acts alleged to constitute misconduct.
(3) (A) A statement from an employer notifying the commission that, as a result of an allegation of misconduct, or while an allegation of misconduct is pending, a credentialholder has been dismissed, nonreelected, suspended for more than 10 days, or placed pursuant to a final adverse employment action on unpaid administrative leave for more than 10 days, or has resigned or otherwise left employment.
(B) The employer shall provide the notice described in subparagraph (A) to the commission not later than 30 days after the dismissal, nonreelection, suspension, placement on unpaid administrative leave, resignation, or departure from employment of the employee.
(C) For purposes of subparagraphs (A) and (B), a change in status due solely to unsatisfactory performance pursuant to paragraph (5) of subdivision (a) of Section 44932 or a reduction in force pursuant to Sections 44955 to 44958, inclusive, is not a result of an allegation of misconduct.
(4) A notice from an employer that a complaint was filed with the school district alleging sexual misconduct by a credentialholder. Results of an investigation by the committee based on this paragraph shall not be considered for action by the committee unless there is evidence presented to the committee in the form of a written or oral declaration under penalty of perjury that confirms the personal knowledge of the declarant regarding the acts alleged to constitute misconduct.
(5) A notice from a school district, employer, public agency, or testing administrator of a violation of Section 44420, 44421.1, 44421.5, or 44439.
(6) (A) An affirmative response on an application submitted to the commission as to any conviction, adverse action on, or denial of, a license, or pending investigation into a criminal allegation or pending investigation of a noncriminal allegation of misconduct by a governmental licensing entity.
(B) Failure to disclose any matter set forth in subparagraph (A).
(7) (A) An entry in the statewide data system, pursuant to Section 44052, of a substantiated report of egregious misconduct.
(B) A record of a start of an investigation followed by a change in employment status during the investigation entered into the statewide data system established pursuant to Section 44052.
(c) An initial review commences on the date that the written notice is mailed to the applicant or credentialholder that their fitness to hold a credential is under review. Upon commencement of a formal review pursuant to Section 44244, the committee shall investigate all alleged misconduct and the circumstances in mitigation and aggravation. The investigation shall include, but not be limited to, all of the following:
(1) Investigation of the fitness and competence of the applicant or credentialholder to perform the duties authorized by the credential for which they have applied or that they presently hold.
(2) Preparation of a summary of the applicable law, a summary of the facts, contested and uncontested, and a summary of any circumstances in aggravation or mitigation of the allegation.
(3) Determination of probable cause for an adverse action on the credential. If the allegation is for unprofessional or immoral conduct, the committee, in any formal review conducted pursuant to Section 44244 to determine probable cause, shall permit the employer of the credentialholder to be present while testimony is taken. If the allegation of unprofessional or immoral conduct involves sexual abuse, the employer shall be examined in the meeting for any relevant evidence relating to the sexual abuse.
(A) If the committee determines that probable cause for an adverse action does not exist, the committee shall terminate the investigation.
(B) If the committee determines that probable cause for an adverse action on the credential exists, upon receipt of a request from an applicant or a credentialholder pursuant to Section 44244.1, the commission shall initiate an adjudicatory hearing, as prescribed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, by filing an accusation or statement of issues.
(d) The committee has jurisdiction to commence a formal review pursuant to Section 44244 upon receipt of any of the following:
(1) (A) Official records of a state or federal court that reflect a conviction or plea, including a plea of nolo contendere, to a criminal offense or official records of a state court that adjudge a juvenile to be a dependent of the court pursuant to Section 300 of the Welfare and Institutions Code due to allegations of sexual misconduct or physical abuse by a credentialholder or applicant.
(B) Subparagraph (A) does not relieve the commission from the confidentiality provisions, notice, and due process requirements set forth in Section 827 of the Welfare and Institutions Code.
(2) An affidavit or declaration signed by a person with personal knowledge of the acts alleged to constitute misconduct.
(3) A statement described in paragraph (3) of subdivision (b).
(4) Official records of a governmental licensing entity that reflect an administrative proceeding or investigation, otherwise authorized by law or regulation, that has become final.
(5) A notice described in paragraph (5) of subdivision (b).
(6) A response or failure to disclose, as described in paragraph (6) of subdivision (b).
(7) An entry described in paragraph (7) of subdivision (b).
(e) (1) Upon completion of its investigation, the committee shall report its actions and recommendations to the commission, including its findings as to probable cause, and if probable cause exists, its recommendations as to the appropriate adverse action.
(2) The findings shall be available, upon its request, to the employing or last known employing school district, or, if adverse action is recommended by the committee and the credentialholder has not filed a timely appeal of the recommendation of the committee pursuant to Section 44244.1, upon a request made within five years of the date of the committee’s recommendations to a school district providing verification that the credentialholder has applied for employment in the school district. The findings, for all purposes, shall remain confidential and limited to school district personnel in a direct supervisory capacity in relation to the person investigated. A person who otherwise releases findings received from the committee or the commission, absent a verified release signed by the person who is the subject of the investigation, shall be guilty of a misdemeanor.
(3) The findings shall not contain any information that reveals the identity of persons other than the person who is the subject of the investigation.
(f) (1) Except as provided in paragraph (2) and, notwithstanding subdivision (b), for purposes of determining whether jurisdiction exists under subdivision (b), the commission, in accordance with Section 44341, may make inquiries and requests for production of information and records only from the Department of Justice, a law enforcement agency, a state or federal court, and a licensing agency of this state, or a licensing agency of another state.
(2) For purposes of determining whether jurisdiction exists, paragraph (1) does not apply to release of personnel records.
(3) Notwithstanding paragraph (1), for purposes of investigating substantiated reports of egregious misconduct submitted to the statewide data system established pursuant to Section 44052, the commission may make inquiries and requests for production of information and records from local educational agencies and private schools.
(g) Notwithstanding subdivision (a), convictions for controlled substance offenses listed in Section 11350 or 11377, or former Section 11500 or 11500.5, of the Health and Safety Code that are more than five years old, for which relief is granted pursuant to Section 1203.4, 1203.4a, 1203.41, 1203.42, 1203.425, or 1203.49 of the Penal Code, shall not be presented to the Committee on Credentials.
SEC. 7.
Section 44242.7 of the Education Code is amended to read:44242.7.
(a) Any allegation of an act or omission by the holder of a credential, except for an allegation that involves sexual misconduct with a minor or recurring conduct resulting in a pattern of misconduct, shall be presented to the Committee of Credentials for initial review within four years from the date of the alleged act or omission, or within one year from the date the act or omission should reasonably have been discovered.(b) The commission shall adopt regulations specifying conduct that is considered recurring conduct that results in a pattern of misconduct as set forth in subdivision (a).
(c) An entry in the statewide data system created pursuant to Section 44052 of a substantiated report of egregious misconduct by an employee in a noncertificated position at a local educational agency, or any employee at a private school, that does not involve sexual misconduct with a minor or recurring conduct resulting in a pattern of misconduct, shall be presented to the Committee of Credentials for initial review within four years from the date of the alleged act or omission, or within one year from the date that a local educational agency or private school provides all known evidence in response to an inquiry from the commission pursuant to subdivision (b) of Section 44051.
SEC. 8.
Section 44341 of the Education Code is amended to read:44341.
(a) (1) For the purpose of ascertaining the moral character and true identity of the holder of a credential or an applicant for a credential or the renewal of a credential after jurisdiction to commence an initial review pursuant to subdivision (b) of Section 44242.5 has been established, the commission is authorized to require the production of information, records, reports, and other data from any public agency or private school.(2) For the purpose of determining whether jurisdiction exists, the commission is also authorized to require the limited production of records as set forth in subdivision (f) of Section 44242.5.
(3) The information in paragraphs (1) and (2) shall be provided to the commission within 30 days of the request.
(4) The commission shall maintain the confidentiality of this information in accordance with Chapter 1 (commencing with Section 1798) of Title 1.8 of the Civil Code.
(b) Except for the situation prescribed in subdivision (d), every applicant for a credential or for the renewal of a credential shall be deemed to have given their consent for the securing of, and disclosure of, information to the commission for the sole purpose of ascertaining the moral character and true identity of the holder of a credential, the applicant for a credential, or a credentialholder applying for the renewal of the credential.
(c) The Department of Justice shall furnish, upon application of the commission or its authorized representative, all information pertaining to any applicant of whom there is a record in its office except that information which may compromise or prejudice an ongoing criminal investigative matter may be withheld until the matter is completed.
(d) With the written consent of an applicant for a credential or a credentialholder, the commission upon written request of any private school authority, shall release to that private school authority information and other data relative to the identification or fitness of any applicant for a teaching position in the private school so long as not otherwise prohibited by any other provision of law.
(e) Each application for a credential shall contain notice that the information provided by the applicant is subject to investigation for, and verification of, the applicant’s moral character and true identity by means of review of information, records, reports, and other data from any agency or department of the state or any political subdivision of the state, whether chartered by the state or not, secured by the commission for these purposes.
SEC. 9.
Section 44691 of the Education Code, as added by Section 10 of Chapter 460 of the Statutes of 2025, is amended to read:44691.
(a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the detection and reporting of child abuse and assault, and post on the department’s internet website links to existing training resources.
(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not be limited to, both of the following:
(A) Information on the identification of child abuse and neglect and child sexual abuse and assault.
(B) Reporting requirements for child abuse and neglect and child sexual abuse and assault.
(b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the department, private schools, and charter schools, and their school personnel and volunteers in California, regarding the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.
(2) The State Department of Education shall develop appropriate means of instructing school personnel regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.
(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools shall do the following:
(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.
(B) Provide annual training on the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.
(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year and to volunteers upon commencing volunteer services.
(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 2023–24 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.
(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year, within the first six weeks of that person’s employment, or within six weeks of commencing volunteer services. The process developed under this paragraph may include, but not be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.
(d) (1) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools that do not use the online training module provided by the State Department of Social Services shall use an equivalent training module developed specifically to meet the requirements of this section and report that training to the State Department of Education.
(2) The alternative training module shall be approved by the public entity risk pool joint powers authority or liability insurance provider used by the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, or charter school.
(3) For private schools, the alternative training module shall be approved by the private school’s governing authority.
(e) For purposes of this section, a volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee.
(f) A person who has completed the mandated reporter training provided by the State Department of Social Services and received a certificate of completion within the previous 12 months shall be deemed to satisfy the training requirements specified in this section.
(g) It is the intent of the Legislature that the child sexual abuse and assault content, as added by Senate Bill 848 of the 2025–26 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2025, but instead only alter the content of those training requirements.
(h) This section shall become operative on July 1, 2026.
SEC. 10.
Section 45125.1 of the Education Code is amended to read:45125.1.
(a) It is the intent of the Legislature that local educational agencies and state special schools and diagnostic centers operated by the department be safe and nurturing places for pupils that are free of fear and threats of violence, and free of violent crimes and sexual offenses committed by, or intended to be committed by, contractors and subcontractors providing direct services to pupils or services on school campuses or other facilities where pupils receive services.(b) Any entity that has a contract with a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department shall ensure that any employee, including a subcontractor, who interacts with pupils or provides direct services to pupils has a valid criminal records summary as described in Section 44237. The entity shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code. When the contracting entity performs the criminal background check, it shall immediately provide any subsequent arrest and conviction information it receives to any local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department that it is contracting with pursuant to the subsequent arrest service. The entity that has a contract with a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department shall provide evidence to the contracting entity that all of the entity’s employees, including subcontractors, interacting with pupils or providing direct services to pupils undergo a fingerprint-based state and national criminal history background check.
(c) (1) This section does not apply to an entity providing services to a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department, as described in subdivision (b), in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable. An employee, including a subcontractor, of an entity providing services pursuant to this paragraph to a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department shall be within the immediate supervision and control of a school employee.
(2) Notwithstanding subdivision (b), an employee, including a subcontractor, of any entity that has a contract with a local educational agency, or the department for purposes of state special schools and diagnostic centers operated by the department, and that offers work experience opportunities for pupils, including, but not limited to, opportunities pursuant to Section 51760, 52336, 52372, 52410, or 52460, Article 1 (commencing with Section 52300), Article 5 (commencing with Section 52381), or Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of Division 4, Chapter 16.5 (commencing with Section 53070) of Part 28 of Division 4, Article 5 (commencing with Section 54690) of Chapter 9 of Part 29 of Division 4, or Part 54.5 (commencing with Section 88820) of Division 7 of Title 3, or workplace placements as part of a pupil’s individualized education program, including, but not limited to, the services described in Article 3 (commencing with Section 56470) of Chapter 4.5 of Part 30 of Division 4, is not required to have a valid criminal records summary pursuant to subdivision (b) if all of the following requirements are met:
(A) At least one adult employee in the workplace during the pupil’s work hours, who has direct contact with the pupil and has been designated by the employer as the employee of record who is responsible for the safety of the pupil, has a valid criminal records summary as described in Section 44237.
(B) A staff representative of the local educational agency, or the department for purposes of state special schools and diagnostic centers operated by the department, makes visitations as specified in a pupil’s individualized education program, or, if unspecified, at least once every three weeks to consult with the pupil’s workplace liaison, observe the pupil at the workplace, and check in with the pupil to ensure the pupil’s health, safety, and welfare, including by addressing any concerns the pupil has raised.
(C) The parent or guardian of the pupil has signed a consent form regarding the pupil’s work placement, attesting that the parent or guardian understands the duties assigned to the pupil and the nature of the workplace environment.
(3) If a pupil participates in services provided by a contractor as part of an independent study program, the local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department shall verify completion of a valid criminal records summary for all employees, including subcontractors, of the contractor who interact with the pupil or provide direct services to the pupil.
(d) On a case-by-case basis, a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department may require an entity with whom it has a contract to comply with the requirements of this section for employees, including subcontractors, in addition to those described in subdivision (b). The entity shall prepare and submit those individuals’ fingerprints to the Department of Justice, as described in subdivision (b).
(e) (1) The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (b), (d), or (i) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (b), (d), or (i) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the Department of Justice shall notify the employer designated by the individual of that fact.
(2) The Department of Justice, at its discretion, may notify the local educational agencies or the department for purposes of state special schools and diagnostic centers operated by the department in instances when the employee, including a subcontractor, is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1.
(3) A request for records under this section shall be conducted pursuant to Section 11105.3 of the Penal Code. The Department of Justice shall provide a state and federal response pursuant to subdivision (p) of Section 11105 of the Penal Code.
(f) (1) An entity having a contract as described in subdivision (b) or that is required to comply with this section for other employees pursuant to subdivision (d) shall not permit an employee, including a subcontractor, to interact with pupils, commence services, or assign any employee, including a subcontractor, to the local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department until the Department of Justice completes its check of the state and federal criminal history file as set forth in this section.
(2) The prohibition in paragraph (1) does not apply to an employee, including a subcontractor, solely on the basis that the employee, including a subcontractor, has been convicted of a felony if the employee, including a subcontractor, has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(3) The prohibition in paragraph (1) does not apply to an employee, including a subcontractor, solely on the basis that the employee, including a subcontractor, has been convicted of a serious felony that is not also a violent felony if that employee, including a subcontractor, can prove to the sentencing court of the offense in question, by clear and convincing evidence, that the employee, including a subcontractor, has been rehabilitated for the purposes of schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the area of the local educational agency, or from the court in the area of the state special school or diagnostic center operated by the department, in which the person is a resident.
(g) An entity having a contract as described in subdivision (b) or that is required to comply with this section for other employees, including subcontractors, pursuant to subdivision (d) shall certify in writing to the local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department that neither the employer nor any of its employees, including subcontractors, who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may interact with pupils or provide direct services to pupils have been convicted of a felony as defined in Section 45122.1 or convicted of an offense described in Section 44830.1 or 44836.
(h) Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section.
(i) (1) For purposes of this section, an individual operating as a sole proprietor of an entity that has a contract with a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department, as described in subdivision (b), shall be considered an employee of that entity.
(2) To protect the safety of any pupil that may interact with an employee of an entity that is a sole proprietorship and has a contract as described in subdivision (b) or that is required to comply with this section for other employees pursuant to subdivision (d), a local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department shall prepare and submit the employee’s fingerprints to the Department of Justice, as described in subdivision (b).
(j) This section applies to the following direct services to pupils:
(1) Direct services to a pupil without regard to the location where the services are provided, including services provided virtually.
(2) Services arranged by the local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department and offered at a school campus, diagnostic or testing center, resource center, satellite facility, meeting space, learning center, facility established by a charter school approved in a charter petition or material revision, recreation or athletic facility, or any other facility where the arranged services are provided, including services provided virtually.
(3) Transportation to or from facilities described in paragraph (2), except for drivers that are subject to the requirements of Article 5 (commencing with Section 39875) of Chapter 1 of Part 23.5.
(k) A local educational agency or the department for purposes of state special schools and diagnostic centers operated by the department shall include a requirement in any contract setting forth a termination clause for noncompliance with the requirements of this section.
(l) For purposes of this section, “local educational agency” means a school district, educational joint powers authority, county office of education, or charter school.
SEC. 11.
Section 45125.15 is added to the Education Code, to read:45125.15.
(a) On or before July 1, 2027, each governing board or body of a local educational agency, each private school, and the department for purposes of state special schools and diagnostic centers operated by the department, when entering into a contract with any entity for services, as described in subdivision (j) of Section 45125.1, shall do both of the following:(1) Ensure that the contract terms and conditions include, at a minimum, the following:
(A) The conditions outlined in subdivision (b).
(B) As applied to a governing board or body of a local educational agency or the department for purposes of state special schools and diagnostic centers, the requirements of Sections 45125.1.
(C) As applied to a private school, the requirements of Section 33192.
(2) Enforce the following:
(A) The contract terms and conditions outlined in subdivision (b).
(B) As applied to a governing board or body of a local educational agency or the department for purposes of state special schools and diagnostic centers, the requirements of Sections 45125.1.
(C) As applied to a private school, the requirements of Section 33192.
(b) (1) Any entity that has a contract with a local educational agency, a private school, or the department for purposes of state special schools and diagnostic centers operated by the department, and that is providing services as described in subdivision (j) of Section 45125.1, shall disclose to the local educational agency, the private school, or the department, as applicable, the names and pertinent identifying information of all employees, including subcontractors, who have previously been employed by a local educational agency or private school in California, or state special school or diagnostic center operated by the department.
(2) The local educational agency, the private school, or the department, as applicable, shall check the names and pertinent identifying information against either the statewide data system established pursuant to Section 44052 in a manner consistent with Section 44051, or in a manner consistent with Section 44939.5, as applicable.
(3) As a condition of qualifying to be a contractor or subcontractor for a local educational agency, a private school, or the department, the entity shall disclose any credible complaint of, or discipline for, reportable conduct, by the entity’s employees, including subcontractors, who will be providing the services described in subdivision (j) of Section 45125.1. The entity shall further ensure that a process is in place to notify the local educational agency, the private school, or the department, as applicable, when a credible complaint of, or discipline for, reportable conduct by the entity’s employees, including subcontractors, who are providing the services described in subdivision (j) of Section 45125.1 is received by the entity.
(4) The contract described in subdivision (a) shall include a requirement setting forth a termination clause for noncompliance with the requirements of this section.
(c) If any credible complaint of egregious misconduct by any contractor or subcontractor, or employee, including a subcontractor, of any contractor or subcontractor, performing services for the local educational agency, the private school, or the department for purposes of state special schools and diagnostic centers operated by the department, is made or received, the local educational agency, the private school, or the department for purposes of state special schools and diagnostic centers operated by the department, shall do both of the following:
(1) In addition to any other reporting required by law, notify and file a report with law enforcement.
(2) Notify, in writing, the contracting entity that is subject to the requirements of this section.
(d) For purposes of this section, the following definitions apply:
(1) “Local educational agency” means a school district, educational joint powers authority, county office of education, or charter school.
(2) (A) “Reportable conduct” means any of the following:
(i) Egregious misconduct, as defined in Section 44932.
(ii) A sex offense, as defined in Section 44010, or any other sexual misconduct.
(iii) Offenses defined in Section 44011 of this code, or in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, subdivision (c) of Section 667.5 of the Penal Code, or subdivision (c) of Section 1192.7 of the Penal Code.
(iv) Conduct that would require a report under the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164)) of Chapter 2 of Title 1 of Part 4 of the Penal Code.
(v) Any other conduct that poses a serious risk to the physical or emotional safety of a pupil.
(B) “Reportable conduct” does not include a violation consisting solely of an administrative or performance-based policy, including, but not limited to, attendance, punctuality, dress code, or other violations.
(e) The requirements of this section supplement the requirements of Section 45125.1.
(f) This section does not supersede or invalidate a contract that is in effect on or before July 1, 2027. If a contract is in effect on or before July 1, 2027, the contract shall remain in effect until the expiration of the contract or the parties to the agreement negotiate a successor agreement that will be operative after July 1, 2027, that complies with this section. A local educational agency, a private school, or the department for purposes of state special schools and diagnostic centers operated by the department shall not enter into a contract or make an amendment or other ancillary agreement to an existing contract on or after January 1, 2027, that would be operative after July 1, 2027, unless it would comply with this section.
SEC. 12.
Section 59009 of the Education Code is amended to read:59009.
(a) The department shall require employees, prospective employees, volunteers, contractors, and subcontractors for the California School for the Deaf, as defined in Section 59000, to undergo a fingerprint-based state and national criminal history background check.(b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) pursuant to subdivision (u) of Section 11105 of the Penal Code.
(c) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department.
(d) The Department of Justice shall provide a state- and federal-level response to the department pursuant to subdivision (p) of Section 11105 of the Penal Code.
(e) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in subdivision (a).
SEC. 13.
Section 59105 of the Education Code is amended to read:59105.
(a) The department shall require employees, prospective employees, volunteers, contractors, and subcontractors for the California School for the Blind, as defined in Section 59100, to undergo a fingerprint-based state and national criminal history background check.(b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) pursuant to subdivision (u) of Section 11105 of the Penal Code.
(c) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department.
(d) The Department of Justice shall provide a state- and federal-level response to the department pursuant to subdivision (p) of Section 11105 of the Penal Code.
(e) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in subdivision (a).
SEC. 14.
Section 59206 of the Education Code is amended to read:59206.
(a) The department shall require employees, prospective employees, volunteers, contractors, and subcontractors for the diagnostic centers, as defined in Section 59200, to undergo a fingerprint-based state and national criminal history background check.(b) The department shall electronically submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) pursuant to subdivision (u) of Section 11105 of the Penal Code.
(c) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the department.
(d) The Department of Justice shall provide a state- and federal-level response to the department pursuant to subdivision (p) of Section 11105 of the Penal Code.
(e) The department shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in subdivision (a).
SEC. 15.
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.SEC. 16.
The Legislature finds and declares that Section 4 of this act, which amends Section 44052 of the Education Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:To protect the privacy of individuals associated with investigations of egregious misconduct, it is necessary to limit public access to individual records or source data associated with the statewide data system established pursuant to Section 44052 of the Education Code.
Text of SB 1083 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions