BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 389
AUTHOR: Williams
AMENDED: June 19, 2013
FISCAL COMM: Yes HEARING DATE: June 26, 2013
URGENCY: No CONSULTANT:Lenin Del Castillo
SUBJECT : Private School Employees.
SUMMARY
This bill requires private, nonpublic schools, to
fingerprint all employees who will have contact with pupils
and submit two sets of the fingerprints 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. This bill also provides
authority for the Superintendent of Public Instruction
(SPI), as part the certification process of a nonpublic
school to verify that it has received a successful criminal
background check clearance and has enrolled in subsequent
arrest notice service, as specified.
BACKGROUND
Existing law requires every person, firm, association,
partnership, or corporation offering or conducting private
school instruction on the elementary or high school level
to 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 (CTC) or is not currently licensed by another
state agency that requires a criminal record summary that
directly relates to services provided in a facility, as
specified, and has background clearance 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.
(Education Code § 44237(a))
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Existing law requires the Commission on Teacher
Credentialing (CTC) to send on a quarterly 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. (Education Code § 44237(k))
Existing law requires a nonpublic, nonsectarian school or
agency that seeks certification to file an application with
the SPI on forms provided by the State Department of
Education. The applications shall include information as
specified, including a description of the special education
and designated instruction and services provided to
individuals with exceptional needs if the application is
for nonpublic, nonsectarian school certification and a
description of the designated instruction and services
provided to individuals with exceptional needs if the
application is for nonpublic nonsectarian agency
certification. The application shall also include
affidavits and assurances necessary to comply with all
applicable federal and state laws and regulations that
include criminal record summaries required of all
nonpublic, nonsectarian school or agency personnel having
contact with minor children. The Superintendent of Public
Instruction (SPI) is required, prior to certification of a
nonpublic, nonsectarian school, to conduct an onsite review
of the facility and program for which the applicant seeks
certification. The SPI shall also conduct an investigation
of a nonpublic, nonsectarian school or agency onsite at any
time without prior notice if there is substantial reason to
believe that there is an immediate danger to the health,
safety, or welfare of a child, as specified. (Education
Code § 56366.1)
ANALYSIS
This bill:
1) Requires every person, firm, association, partnership,
or corporation offering or conducting private school
instruction on the elementary or high school level to
require each applicant for employment who will have
contact with pupils to submit two sets of the
fingerprints to the Department of Justice for the
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purpose of obtaining criminal record summary
information from the Department of Justice and the
Federal Bureau of Investigation. An "applicant" means
any person who is seriously being considered for
employment by an employer.
2) Provides that a person who would be prohibited from
employment by a private school pursuant to the bill's
provisions, as specified, shall not own or operate a
private school offering instruction on the elementary
or high school level.
3) In conducting an onsite review of the facility and
program for which a nonpublic, nonsectarian school or
agency seeks certification, provides that the SPI may
verify that the nonpublic, nonsectarian school or
agency received a successful criminal background check
clearance and has enrolled in subsequent arrest notice
service, as specified, for each owner, operator, and
employee of the nonpublic, nonsectarian school or
agency.
4) Provides that the SPI shall not certify the nonpublic,
nonsectarian school or agency for a period longer than
one year.
5) In conducting an investigation of a nonpublic,
nonsectarian school or agency onsite as specified, the
SPI may verify that the nonpublic, nonsectarian school
or agency received a successful criminal background
check clearance and has enrolled in subsequent arrest
notice service, as specified, for each owner,
operator, and employee of the nonpublic, nonsectarian
school or agency.
6) For purposes of enabling the SPI to carry out his or
her duties pursuant to this section as specified, a
nonpublic, nonsectarian school or agency shall, upon
demand, make available to the SPI evidence of a
successful criminal background check clearance and
enrollment in subsequent arrest notice service, as
specified, for each owner, operator, and employee of
the nonpublic, nonsectarian school or agency. The
nonpublic, nonsectarian school or agency shall retain
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the evidence and store it in a locked file separate
from other files.
STAFF COMMENTS
1) Need for the bill . Current law requires school
districts to conduct a background check on any
certificated employee whose employment status is
temporary, substitute, or probationary and on any
non-certificated employee who will be employed by the
school district. However, certificated staff at
private and nonpublic schools are exempt from
background check requirements if they possess a valid
California teaching credential or are currently
licensed by another state agency that requires a
criminal record summary. According to the author's
office, because school districts are required to
establish a relationship regarding employees with the
Department of Justice through the background check
process, the school districts are quickly notified of
an arrest and has the ability to take immediate
action, including conducting their own internal
investigation of an arrest. However, because there is
no existing requirement for nonpublic schools to
conduct background checks for certificated staff, they
would not have established a relationship with the
Department of Justice. Therefore, they would not be
notified if an employee is arrested.
AB 389 establishes uniformity between public and
private, nonpublic, schools regarding employee
background check requirements and will also allow the
State Department of Education (SDE) to review
background clearances during its certification process
of nonpublic schools. The author's office indicates
this bill is necessary to ensure that all schools,
including those that serve the most vulnerable of
students, have the information and tools necessary to
ensure student safety in the school environment.
2) Nonpublic schools . When a child has needs that cannot
be met in a public school setting, that child may be
educated in a nonpublic school at public expense.
Students qualified for placement in nonpublic schools
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have exceptional learning, behavioral, or physical
handicapping conditions that negatively impact their
educational progress. Typical handicapping conditions
of nonpublic school students include: learning
disabled, seriously emotionally disturbed,
developmentally disabled, autistic, speech and
language impaired, or other health impairments.
According to the author's office, these students, like
all California students, deserve to be protected but
are potentially most at risk of not being able to
communicate abuse. The SDE has indicated there are
340 certified nonpublic schools and that approximately
13,399 California students are educated each year in
nonpublic schools located both in California and in
other states.
3) Chaptering issue : This bill currently contains a
chaptering issue with SB 91 and AB 97, which are the
education budget trailer bills regarding the budget's
school finance reform proposal.
SUPPORT
California Association of Private Special Education Schools
California Teachers Association
State Superintendent of Public Instruction (sponsor)
OPPOSITION
None on file.