BILL NUMBER: SB 1116	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Huff and Yee
   (Coauthor: Senator Liu)

                        FEBRUARY 17, 2010

   An act to add Article 6 (commencing with Section 33195) to Chapter
2 of Part 20 of Division 2 of Title 2 of the Education Code,
relating to heritage school instruction, and declaring the urgency
thereof, to take effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1116, as introduced, Huff. Heritage school instruction.
   (1) Existing law requires every entity offering or conducting
private school instruction on the elementary or high school level to
annually verify information by filing with the Superintendent of
Public Instruction an affidavit or statement under penalty of perjury
setting forth specified information relating to the current year.
The affidavit or statement must be made available to any parent or
guardian whose child is currently enrolled or is considering whether
to enroll his or her child in the school, as specified. If the
employees of any entities that have a contract with a private school
to provide specified services may have any contact with pupils, those
employees are required to submit their fingerprints to the
Department of Justice for a background check. The Department of
Justice is authorized to notify the private school when the employee
has a pending criminal case, or a criminal conviction, of specified
crimes. Private schools contracting with an entity for construction
or other related services where employees of the entity will have
other than limited contact with pupils, are required to ensure the
safety of the pupils by utilizing one or more methods.
   This bill would apply a substantially identical verification
requirement to heritage schools, which is a school for children that
serves children who are at least 4 years and 9 months of age to 18
years of age and who attend a public or private full-time school, and
which offers foreign language education or tutoring and cultural
education relating to a foreign country. The bill would require every
person, firm, association, partnership, or corporation offering or
conducting heritage school instruction to annually file with the
Superintendent an affidavit or statement, under penalty of perjury,
by the owner or other head setting forth specified information.
Because the bill creates a new crime, it would impose a state
mandated local program.
   The bill would require heritage school contractors to submit to
the Department of Justice fingerprint images and related information
required by the Department of Justice of all employees of specified
entities that contract with a heritage school to obtain criminal
history information, as specified. The Department of Justice would be
required to forward requests for criminal history information to the
Federal Bureau of Investigation, review reply information received
from the bureau, and provide a determination and response to the
heritage school contractor. The bill would require the contractor to
request subsequent arrest information, as specified, from the
Department of Justice. The Department of Justice would be required to
charge a sufficient fee for the costs of processing requests for
criminal history information. The heritage school would also be
required to maintain membership in a state or national cultural or
language association, comply with relevant applicable local
regulations, and not operate out of a residential home.
   The bill would establish the Heritage Enrichment Resource Fund.
The Superintendent would be authorized to expend moneys deposited in
the fund, upon appropriation by statute, as specified.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (3)  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.  Article 6 (commencing with Section 33195) is added to
Chapter 2 of Part 20 of Division 2 of Title 2 of the Education Code,
to read:

      Article 6.  Verification of Heritage School Instruction


   33195.  (a) Every person, firm, association, partnership, or
corporation offering or conducting heritage school instruction shall,
between the first and 15th day of October of each year, commencing
on October 1, 2010, file with the Superintendent an affidavit or
statement, under penalty of perjury, by the owner or other head
setting forth the following information for the current year:
   (1) All names, whether real or fictitious, of the person, firm,
association, partnership, or corporation under which it has done and
is doing business.
   (2) The address, including city and street, of every place of
doing business of the person, firm, association, partnership, or
corporation within the State of California.
   (3) The address, including city and street, of the location of the
records of the person, firm, association, partnership, or
corporation, and the name and address, including city and street, of
the custodian of the records.
   (4) The names and addresses, including city and street, of the
directors, if any, and principal officers of the person, firm,
association, partnership, or corporation.
   (5) The school enrollment, by grades, number of teachers,
coeducational or enrollment limited to boys or girls, and boarding
facilities.
   (6) That the following records are maintained at the address
stated, and are true and accurate:
   (A) The courses of study offered by the institution.
   (B) The names and addresses, including city and street, of its
faculty, together with a record of the educational qualifications of
each faculty member.
   (7) Criminal record summary information that has been obtained
pursuant to Section 44237.
   (b) Whenever two or more heritage schools are under the effective
control or supervision of a single administrative unit, the
administrative unit may comply with the provisions of this section on
behalf of each of the schools under its control or supervision by
submitting one report.
   (c) Filing pursuant to this section shall not be interpreted to
mean, and it shall be unlawful for any school to expressly or
impliedly represent, that the State of California, the Superintendent
, the state board, the department, or any division or bureau of the
department, or any accrediting agency has made any evaluation,
recognition, approval, or endorsement of the school or course, unless
this is an actual fact.
   (d) Filing pursuant to this section does not grant a heritage
school any right to receive state funding.
   33195.1.  (a) Commencing October 1, 2010, the affidavit or
statement filed with the Superintendent pursuant to Section 33195
shall, under penalty of perjury, include a statement manifesting
compliance with the provisions of Section 44237.
   (b) In the case of any heritage school where an instructor also
serves as the administrator of the school, the affidavit or statement
shall be made available upon request to the parents or guardians of
all pupils currently enrolled in the school and to any parent or
guardian considering whether to enroll his or her child in the
school.
   33195.2.  (a) Except as provided in subdivisions (b) and (c), if
the employees of any entity that has a contract with a heritage
school to provide any of the following services may have any contact
with pupils, those employees shall submit or have submitted their
fingerprints in a manner authorized by the Department of Justice
together with a fee determined by the Department of Justice to be
sufficient to reimburse the department for its costs incurred in
processing the application:
   (1) School and classroom janitorial.
   (2) Schoolsite administrative.
   (3) Schoolsite grounds and landscape maintenance.
   (4) Pupil transportation.
   (5) Schoolsite food-related services.
   (b) This section shall not apply to an entity providing any of the
services listed in subdivision (a) to a heritage school in an
emergency or exceptional situation, such as when a pupil's health or
safety is endangered or when repairs are needed to make school
facilities safe and habitable.
   (c) This section shall not apply to an entity providing any of the
services listed in subdivision (a) to a heritage school when the
heritage school determines that the employees of the entity will have
limited contact with pupils. In determining whether a contract
employee has limited contact with pupils, the heritage school shall
consider the totality of the circumstances, including factors such as
the length of time the contractors will be on school grounds,
whether pupils will be in proximity with the site where the
contractors will be working, and whether the contractors will be
working by themselves or with others. If a heritage school has made
this determination, the heritage school shall take appropriate steps
to protect the safety of any pupils that may come in contact with
these employees.
   (d) A heritage school may determine, on a case-by-case basis, to
require an entity providing schoolsite services other than those
listed in subdivision (a) or those described in Section 33195.3 and
the entity's employees to comply with the requirements of this
section, unless the heritage school determines that the employees of
the entity will have limited contact with pupils. In determining
whether a contract employee will have limited contact with pupils,
the heritage school shall consider the totality of the circumstances,
including factors such as the length of time the contractors will be
on school grounds, whether pupils will be in proximity with the site
where the contractors will be working, and whether the contractors
will be working by themselves or with others. If a heritage school
makes this determination, the heritage school shall take appropriate
steps to protect the safety of any pupils that may come in contact
with these employees. If a heritage school requires an entity
providing services other than those listed in subdivision (a) and its
employees to comply with the requirements of this section, the
Department of Justice shall comply with subdivision (e).
   (e) (1) The heritage school contractor shall submit to the
Department of Justice fingerprint images and related information
required by the Department of Justice of all employees of entities,
as identified in subdivisions (a) and (d), that contract with a
heritage school, as defined in Section 33195.4, for the purposes of
obtaining information as to the existence and content of a record of
state or federal convictions and state or federal arrests and also
information as to the existence and content of a record of state and
federal arrests for which the Department of Justice establishes that
the person is free on bail or on his or her own recognizance pending
trail or appeal.
   (2) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this subdivision. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate a fitness
determination to the heritage school contractor.
   (3) The Department of Justice shall provide a state response to
the heritage school contractor pursuant to paragraph (1) of
subdivision (p) of Section 11105 of the Penal Code.
   (4) The heritage school contractor shall request from the
Department of Justice subsequent arrest notification service, as
provided pursuant to Section 11105.2 of the Penal Code, for employees
described in paragraph (1).
   (5) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in the
subdivision.
   (f) An entity having a contract as specified in subdivision (a)
and an entity required to comply with this section pursuant to
subdivision (d) shall not permit an employee to come in contact with
pupils until the Department of Justice has ascertained that the
employee has not been convicted of a felony as defined in Section
45122.1.
   (1) This prohibition does not apply to an employee solely on the
basis that the employee has been convicted of a felony if the
employee 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) This prohibition does not apply to an employee solely on the
basis that the employee has been convicted of a serious felony that
is not also a violent felony if that employee 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
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 having jurisdiction where he
or she is resident.
   (g) An entity having a contract as specified in subdivision (a)
and an entity required to comply with this section pursuant to
subdivision (d) shall certify in writing to the heritage school that
neither the employer nor any of its employees who are required by
this section to submit or have their fingerprints submitted to the
Department of Justice and who may come in contact with pupils have
been convicted of a felony as defined in Section 45122.1.
   (h) An entity having a contract as specified in subdivision (a) on
the effective date of the act adding this section and an entity
required to comply with this section pursuant to subdivision (d) by a
heritage school with which it has a contract on the effective date
of the act adding this section shall complete the requirements of
this section within 90 days of that date.
   (i) Where reasonable access to the statewide electronic
fingerprinting network is available, the Department of Justice may
request electronic submission of the fingerprint cards and other
information required by this section.
   33195.3.  (a) A heritage school contracting with an entity for the
construction, reconstruction, rehabilitation, or repair of a school
facility where the employees of the entity will have contact, other
than limited contact, with pupils shall ensure the safety of the
pupils by one or more of the following methods:
   (1) The installation of a physical barrier at the worksite to
limit contact with pupils.
   (2) Continual supervision and monitoring of all employees of the
entity by an employee of the entity whom the Department of Justice
has ascertained has not been convicted of a violent or serious
felony. For purposes of this paragraph, an employee of the entity may
submit his or her fingerprints to the Department of Justice pursuant
to subdivision (a) of Section 33195.2 and the Department of Justice
shall comply with subdivision (d) of Section 33195.2.
   (3) Surveillance of employees of the entity by school personnel.
   (b) An entity that contracts with a heritage school for the
construction, reconstruction, rehabilitation, or repair of a school
facility is not required to comply with the requirements of Section
33195.2 if one or more of the methods described in subdivision (a) is
utilized.
   (c) (1) This section shall not apply to an entity providing
construction, reconstruction, rehabilitation, or repair services to a
school facility in an emergency or exceptional situation, such as
when a pupil's health or safety is endangered or when repairs are
needed to make school facilities safe and habitable.
   (2) For purposes of this section, a violent felony means any
felony listed in subdivision (c) of Section 667.5 of the Penal Code
and a serious felony means any felony listed in subdivision (c) of
Section 1192.7 of the Penal Code.
   33195.4.  For purposes of this article, "heritage school" means a
school that serves children who are at least 4 years and 9 months of
age and no older than 18 years of age, who attend a public or private
full-time day school, that does all of the following:
   (a) Specifies regular hours of operation.
   (b) Offers education or academic tutoring, or both, in a foreign
language.
   (c) Offers education on the culture, traditions, or history of a
country other than the United States.
   (d) Offers culturally enriching activities, including, but not
limited to, art, dancing, games, or singing, based on the culture or
customs of a country other than the United States.
   (e) Maintains membership in a state or national cultural or
language association.
   (f) Complies with relevant local government regulations, where
applicable.
   (g) Does not operate out of a residential home.
   33195.5.  (a) The Heritage Enrichment Resource Fund is hereby
established in the State Treasury. Moneys deposited in the fund may
be expended by the Superintendent upon appropriation by statute, for
the purposes of this article.
   (b) The affidavit or statement to be filed pursuant to this
article shall be accompanied with a fee of fifty-five dollars ($55),
to be deposited in the Heritage Enrichment Resource Fund.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.
  SEC. 3.  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 ensure that pupils have the opportunity to attend
heritage schools to supplement their full-time day school curriculum
with education of a foreign language and the culture, traditions, or
history of a country other than the United States, it is necessary
that this act take effect immediately.