BILL NUMBER: AB 2555	CHAPTERED  07/11/02

	CHAPTER  142
	FILED WITH SECRETARY OF STATE  JULY 11, 2002
	APPROVED BY GOVERNOR  JULY 10, 2002
	PASSED THE SENATE  JUNE 27, 2002
	PASSED THE ASSEMBLY  MAY 9, 2002

INTRODUCED BY   Assembly Member Leach

                        FEBRUARY 21, 2002

   An act to add Section 8406.9 to the Education Code, relating to
child care and development services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2555, Leach.  Child care and development services:  local
contracts.
   Existing law authorizes the Superintendent of Public Instruction
to enter into and execute local contractual agreements with any
public or private entity or agency for the delivery of child care and
development services or the furnishing of property, facilities,
personnel, supplies, equipment, and administrative services related
to the delivery of child care development services.
   This bill would provide that if an agency places a person who has
been convicted of specified theft-related crimes in a position of
fiscal responsibility or control, as defined, the agency may have its
contract suspended or terminated immediately, upon review and
recommendation of the general counsel of the State Department of
Education.  The bill would require the agency to receive 90 days
prior notice of the termination and would allow the agency to appeal
the termination action.  The bill would require the department to
withdraw the termination action if the agency provides evidence that
the convicted person has been removed from the position and provides
assurance that the person will not be returned to a position of
financial responsibility or control.


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


  SECTION 1.  Section 8406.9 is added to the Education Code, to read:

   8406.9.  (a) An agency that places a person in a position of
fiscal responsibility or control who has been convicted of any crime
specified in Chapter 2 (commencing with Section 458) of, Chapter 4
(commencing with Section 470) of, Chapter 5 (commencing with Section
484) of, Chapter 6 (commencing with Section 503) of, or Chapter 7
(commencing with Section 518) of, Title 13 of Part 1 of the Penal
Code may have its contract suspended or terminated immediately if
there is documented evidence of the conviction, and upon review and
recommendation of the general counsel of the State Department of
Education.
   (b) For purposes of this section, "position of fiscal
responsibility or control" includes any authority to direct or
control expenditure of, or any access to, state or federal child care
and development funds received pursuant to this chapter whether that
authority or access is conferred based on the person's status as an
employee, director, manager, board member, or volunteer, or based on
any other status.
   (c) An agency whose contract is terminated pursuant to this
section may appeal that action in accordance with Section 8402.
   (d) Termination pursuant to this section shall not occur without
notice as described in Section 8406 at least 90 days prior to
termination.
   (e) If the agency provides evidence to the State Department of
Education that the convicted person has been removed from the
position of fiscal responsibility or control and provides assurance
that the person will not be returned to a position of fiscal
responsibility or control, the State Department of Education shall
withdraw the termination action.