BILL NUMBER: AB 2685	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 19, 2010

   An act to amend Sections 1006, 35107, 44237, 44346.1, and 44424
of, and to add Section 44021 to, the Education Code, relating to
schools, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2685, as introduced, De La Torre. Schools: criminal background
of employees and board members.
   (1) Under existing law, any registered voter is eligible to be a
member of the county board of education, except as specified.
Existing law also authorizes any person who is 18 years of age or
older, who is a resident of the school district, and who meets other
specified requirements to be elected or appointed to the governing
board of a school district.
   This bill would require a person who is elected, appointed, or is
otherwise selected to serve on those boards to successfully complete
a criminal background check, as specified, prior to taking office. By
imposing additional requirements on local educational agencies, the
bill would impose a state-mandated local program.
   (2) Existing law requires every person, firm, association,
partnership, or corporation offering or conducting private school
instruction on the elementary or high school level to conduct a
criminal background check with the Department of Justice for each
applicant for employment in a position that requires contact with
minor pupils, if the applicant is not credentialed by the Commission
on Teacher Credentialing or licensed by another state agency that
requires a criminal background check.
   This bill would require a private school to notify the Commission
on Teacher Credentialing whenever an employee who comes in contact
with minor pupils in the course of his or her employment is charged
with the commission of any sex offense, as defined. The bill would
make a willful violation of those provisions a misdemeanor. By
creating a new crime, the bill would impose a state-mandated local
program.
   The bill would require the commission, with the assistance of the
Department of Justice, to establish and maintain a database of all
persons who do not possess a valid credential issued by the
commission, who are or were employed by a private school in a
position requiring contact with minor pupils, and who have been
arrested or convicted of a sex offense.
   (3) Existing law requires the commission to deny any application
for the issuance of a credential to an applicant who has been
convicted of specified criminal offenses, and also requires the
commission to revoke the credential of a holder who has been
convicted of those offenses. Existing law also authorizes the
commission to grant a credential to an applicant who has been
convicted of a violent or serious felony if he or she obtains a
certificate of rehabilitation and pardon pursuant to specified
statutory provisions, and specifies that the commission is prohibited
from revoking the credential of a holder solely on the basis that
the applicant has been convicted of a violent or serious felony if he
or she obtains a certificate of rehabilitation and pardon.
   This bill would authorize, but not require, the commission to
grant or revoke a credential of applicants and credentialholders who
have been convicted of those offenses and specified other offenses,
including willful harm or injury to a child, assault resulting in the
death of a child under 8 years of age, and the detainment or
concealment of a child from the legal custodian. The bill would also
prohibit the commission from denying or revoking a credential solely
on the basis that the applicant or credentialholder has been
convicted for abducting his or her own child under specified
statutory provisions.
   (4) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   (5) This bill would declare that it is to take effect immediately
as an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 1006 of the Education Code is amended to read:
   1006.  (a) Any registered voter is eligible to be a member of the
county board of education except the county superintendent of
schools, any member of his staff, or any employee of a school
district.
   (b) Notwithstanding any other provision of law, the county board
of education may adopt or the residents of the county may propose, by
initiative, a proposal to limit or repeal a limit on the number of
terms a member of the county board of education may serve on the
county board of education. Any proposal to limit the number of terms
a member of the county board of education may serve on the county
board of education shall apply prospectively only and shall not
become operative unless it is submitted to the electors of the county
at a regularly scheduled election and a majority of the votes cast
on the question favor the adoption of the proposal.
   (c) An initiative measure proposed pursuant to subdivision (b)
shall be subject to the procedures set forth in Chapter 2 (commencing
with Section 9100) of Division 9 of the Elections Code. 
   (d) Notwithstanding any other law, prior to taking office, a
person elected, appointed, or otherwise selected to serve on a county
board of education shall successfully complete a criminal background
check in accordance with Section 45125 prior to taking office. 

  SEC. 2.  Section 35107 of the Education Code is amended to read:
   35107.  (a) Any person, regardless of sex, who is 18 years of age
or older, a citizen of the state, a resident of the school district,
a registered voter, and who is not disqualified by the Constitution
or laws of the state from holding a civil office, is eligible to be
elected or appointed a member of a governing board of a school
district without further qualifications.
   (b) (1) An employee of a school district may not be sworn into
office as an elected or appointed member of that school district's
governing board unless and until he or she resigns as an employee. If
the employee does not resign, the employment will automatically
terminate upon being sworn into office.
   (2) For any individual who is an employee of a school district and
an elected or appointed member of that school district's governing
board prior to January 1, 1992, this subdivision shall apply when he
or she is reelected or reappointed, on or after January 1, 1992, as a
member of the school district's governing board.
   (c) Notwithstanding any other  provision of  law,
the governing board of a school district may adopt or the residents
of the school district may propose, by initiative, a proposal to
limit or repeal a limit on the number of terms a member of the
governing board of the school district may serve on the governing
board of the school district. Any proposal to limit the number of
terms a member of the governing board of the school district may
serve on the governing board of the school district shall apply
prospectively only and shall not become operative unless it is
submitted to the electors of the school district at a regularly
scheduled election and a majority of the votes cast on the question
favor the adoption of the proposal.
   (d) (1) An initiative measure proposed pursuant to subdivision (c)
shall be subject to the procedures set forth in Chapter 4
(commencing with Section 9300) of Division 9 of the Elections Code.
   (2) A proposal submitted to the electors by the governing board
pursuant to subdivision (c) shall be subject to the procedures set
forth in Chapter 6 (commencing with Section 9500) of Division 9 of
the Elections Code.
   (e) A member of the governing board of a school district shall
abstain from voting on personnel matters that uniquely affect a
relative of the member but may vote on collective bargaining
agreements and personnel matters that affect a class of employees to
which the relative belongs. For purposes of this section, "relative"
means an adult who is related to the person by blood or affinity
within the third degree, as determined by the common law, or an
individual in an adoptive relationship within the third degree. 
   (f) Notwithstanding any other law, a person elected, appointed, or
otherwise selected to serve on a governing board of a school
district shall successfully complete a criminal background check in
accordance with Section 45125 prior to taking office. 
  SEC. 3.  Section 44021 is added to the Education Code, to read:
   44021.  (a) A private school shall notify the Commission on
Teacher Credentialing whenever an employee who comes in contact with
minor pupils in the course of his or her employment is charged with
the commission of any sex offense, as defined in Section 44010, no
later than 10 days after being informed that the employee has been
charged.
   (b) Any principal, teacher, employee, or school officer of a
private school who refuses or willfully neglects to notify the
commission pursuant to subdivision (a) is guilty of a misdemeanor
punishable by imprisonment in a county jail not to exceed six months
or by a fine not to exceed five thousand dollars ($5,000), or by both
that fine and imprisonment.
   (c) For purposes of this section, "private school" means any
person, firm, association, partnership, or corporation offering or
conducting private school instruction on the elementary or high
school level.
  SEC. 4.  Section 44237 of the Education Code is amended to read:
   44237.  (a) Every person, firm, association, partnership, or
corporation offering or conducting private school instruction on the
elementary or high school level shall require each applicant for
employment in a position requiring contact with minor pupils who does
not possess a valid credential issued by the Commission on Teacher
Credentialing or is not currently licensed by another state agency
that requires a criminal record summary that directly relates to
services provided in a facility described in this section and has
background clearance criteria that meets or exceeds the requirements
of this section, to submit two sets of fingerprints prepared for
submittal by the employer to the Department of Justice for the
purpose of obtaining criminal record summary information from the
Department of Justice and the Federal Bureau of Investigation.
   (b) (1) As used in this section, "employer" means every person,
firm, association, partnership, or corporation offering or conducting
private school instruction on the elementary or high school level.
   (2) As use in this section, "employment" means the act of engaging
the services of a person, who will have contact with pupils, to work
in a position at a private school at the elementary or high school
level on or after September 30, 1997, on a regular, paid full-time
basis, regular, paid part-time basis or paid full- or part-time
seasonal basis.
   (3) As used in this section, "applicant" means any person who is
seriously being considered for employment by an employer.
   (4) This section does not apply to a secondary school pupil
working at the school he or she attends or a parent or legal guardian
working exclusively with his or her children.
   (c) (1) Upon receiving the identification cards, the Department of
Justice shall ascertain whether the applicant has been arrested or
convicted of any crime insofar as that fact can be ascertained from
information available to the department and forward the information
to the employer submitting the fingerprints no more than 15 working
days after receiving the identification cards. The Department of
Justice shall not forward information regarding criminal proceedings
that did not result in a conviction but shall forward information on
arrests pending adjudication.
   (2) Upon implementation of an electronic fingerprinting system
with terminals located statewide and managed by the Department of
Justice, the Department of Justice shall ascertain the information
required pursuant to this subdivision within three working days. If
the Department of Justice cannot ascertain the information required
pursuant to this subdivision within three working days, the
department shall notify the employer submitting the fingerprints that
it cannot so ascertain the required information. This notification
shall be delivered by telephone or electronic mail to the employer
submitting the fingerprints. If the employer submitting the
fingerprints is notified by the Department of Justice that it cannot
ascertain the required information about a person, the employer
 may   shall  not employ that person until
the Department of Justice ascertains that information.
   (3) The Department of Justice shall review the criminal record
summary it obtains from the Federal Bureau of Investigation to
ascertain whether an applicant for employment has a conviction, or an
arrest pending final adjudication, for any sex offense, controlled
substance offense, crime of violence, or serious or violent felony.
The Department of Justice shall provide written notification to the
private school employer only as to whether an applicant for
employment has any convictions, or arrests pending final
adjudication, for any of these crimes.
   (d) An employer shall not employ a person until the Department of
Justice completes its check of the state criminal history file as set
forth in this section.
   (e) (1) A person, firm, association, partnership, or corporation
offering or conducting private school instruction on the elementary
or high school level shall not employ a person who has been convicted
of a violent or serious felony or a person who would be prohibited
from employment by a public school district pursuant to any provision
of this code because of his or her conviction for any crime.
   (2) A person who would be prohibited from employment by a private
school pursuant to paragraph (1)  may   shall
 not, on or after July 1, 1999, own or operate a private school
offering instruction on the elementary or high school level.
   (f) An employer shall request subsequent arrest service from the
Department of Justice as provided under Section 11105.2 of the Penal
Code.
   (g) This section applies to any violent or serious offense which,
if committed in this state, would have been punishable as a violent
or serious felony.
   (h) For purposes of this section, a violent felony is any felony
listed in subdivision (c) of Section 667.5 of the Penal Code and a
serious felony is any felony listed in subdivision (c) of Section
1192.7 of the Penal Code.
   (i) Notwithstanding subdivision (e), a person shall not be denied
employment or terminated from employment solely on the basis that the
person has been convicted of a violent or serious felony if the
person 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.
   (j) Notwithstanding subdivision (e), a person shall not be denied
employment or terminated from employment solely on the basis that the
person has been convicted of a serious felony that is not also a
violent felony if that person can prove to the sentencing court of
the offense in question, by clear and convincing evidence, that he or
she has been rehabilitated for the purposes of school 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 county in which he or she is a resident.
   (k) The Commission on Teacher Credentialing shall send on a
monthly basis to each private school a list of all teachers who have
had their state teaching credential revoked or suspended. The list
shall be identical to the list compiled for public schools in the
state. The commission shall also send on a quarterly basis a complete
and updated list of all teachers who have had their teaching
credentials revoked or suspended, excluding teachers who have had
their credentials reinstated, or who are deceased.
   (  l  ) The Department of Justice may charge a reasonable
fee to cover costs associated with the processing, reviewing, and
supplying of the criminal record summary as required by this section.
 In no event shall the   The  fee 
shall not  exceed the actual costs incurred by the department.
   (m) Where reasonable access to the statewide, electronic
fingerprinting network is available, the Department of Justice may
mandate electronic submission of the fingerprints and related
information required by this section.
   (n) All information obtained from the Department of Justice is
confidential. Agencies handling Department of Justice information
shall ensure the following:
   (1)  No   A  recipient shall  not
 disclose its contents or provide copies of information.
   (2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.
   (3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of
Title 11 of the California Code of Regulations.
   (4) Compliance with destruction, storage, dissemination, auditing,
backgrounding, and training requirements as set forth in Sections
700  through   to  708, inclusive, of Title
11 of the California Code of Regulations and Section 11077 of Penal
Code governing the use and security of criminal offender record
information is the responsibility of the entity receiving the
information from the Department of Justice. 
   (o) The Commission on Teacher Credentialing shall establish and
maintain a database of all persons who do not possess a valid
credential issued by the commission, who are or were employed by a
private school in a position requiring contact with minor pupils, and
who have been arrested or convicted of a sex offense, as defined in
Section 44010. The database shall include, among other information,
the name and address of the private school at which the person is or
was employed. The Department of Justice shall assist the commission
in establishing and maintaining the database. 
  SEC. 5.  Section 44346.1 of the Education Code is amended to read:
   44346.1.  (a) The commission shall deny any application for the
issuance of a credential made by an applicant who has been convicted
of a violent or serious felony or a crime set forth in subdivision
(a) of Section 44424 or whose employment has been denied or
terminated pursuant to Section 44830.1.
   (b) This section applies to any violent or serious offense which,
if committed in this state, would have been punishable as a violent
or serious felony.
   (c) For purposes of this section, a violent felony is any felony
listed in subdivision (c) of Section 667.5 of the Penal Code and a
serious felony is any felony listed in subdivision (c) of Section
1192.7 of the Penal Code.
   (d)  (1)   Notwithstanding subdivision (a), the
commission may, but is not required to, grant a credential to an
applicant who has been convicted of a violent or serious felony 
or an offense defined in Section 273a, 273ab, or 278 of the Penal
Code  if the person is eligible for, and 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. 
   (2) Notwithstanding paragraph (1), the commission shall not deny a
credential to an applicant solely on the basis that the applicant
has been convicted under Section 278 of the Penal Code for abducting
his or her own child. 
  SEC. 6.  Section 44424 of the Education Code is amended to read:
   44424.  (a) Upon the conviction of the holder of any credential
issued by the State Board of Education or the Commission on Teacher
Credentialing of a violation, or attempted violation, of a violent or
serious felony as described in Section 44346.1, or any one or more
of Penal Code Sections 187 to 191, inclusive, 192 insofar as this
section relates to voluntary manslaughter, 193, 194 to 217.1,
inclusive, 220, 222, 244, 245, 261 to 267, inclusive, 273a, 273ab,
273d, 273f, 273g, 278, 285 to 288a, inclusive, 424, 425, 484 to 488,
inclusive, insofar as these sections relate to felony convictions,
503 and 504, or of any offense involving lewd and lascivious conduct
under Section 272 of the Penal Code, or any offense committed or
attempted in any other state or against the laws of the United States
which, if committed or attempted in this state, would have been
punished as one or more of the offenses specified in this section,
becoming final, the commission shall forthwith revoke the credential.

   (b) Upon a plea of nolo contendere as a misdemeanor to one or more
of the crimes set forth in subdivision (a), all credentials held by
the respondent shall be suspended until a final disposition regarding
those credentials is made by the commission. Any action that the
commission is permitted to take following a conviction may be taken
after the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal, or when an order granting probation is
made suspending the imposition of sentence and the time for appeal
has elapsed or the judgment of conviction has been affirmed on
appeal, irrespective of a subsequent order under the provisions of
Section 1203.4 of the Penal Code.
   (c) The commission shall revoke a credential issued to a person
whose employment has been denied or terminated pursuant to Section
44830.1.
   (d)  (1)    Notwithstanding subdivision (a),
 a credential shall not be revoked solely on the basis that
the applicant or   the commission may, but is not
required to, revoke   the credential of a  holder 
who  has been convicted of a violent or serious felony  or
an offense defined in Section 273a,   273ab, or 278 of the
Penal Code  if the person 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. 
   (2) Notwithstanding paragraph (1), the commission shall not deny a
credential to an applicant solely on the basis that the applicant
has been convicted under Section 278 of the Penal Code for abducting
his or her own child. 
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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. 8.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect the health and safety of children attending
private schools, it is necessary that this act take effect
immediately.