BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 389|
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THIRD READING
Bill No: AB 389
Author: Williams (D)
Amended: 7/11/13 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/26/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Monning, Torres
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/12/13
AYES: De León, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Walters, Padilla
ASSEMBLY FLOOR : 76-0, 4/18/13 (Consent) - See last page for
vote
SUBJECT : Private schools: employees: criminal background
checks
SOURCE : State Superintendent of Public Instruction
DIGEST : This bill requires private, nonpublic schools, to
fingerprint all employees who will have contact with pupils and
submit two sets of the fingerprints to Department of Justice
(DOJ) for the purpose of obtaining criminal record summary
information from DOJ and the Federal Bureau of Investigation
(FBI). 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
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in subsequent arrest notice service, as specified.
ANALYSIS : 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 DOJ for the purpose of obtaining
criminal record summary information from DOJ and the Federal
Bureau of Investigation.
Existing law requires the 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.
Existing law requires a nonpublic, nonsectarian school or agency
that seeks certification to file an application with the SPI on
forms provided by the CDE. 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 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
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welfare of a child, as specified.
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 DOJ for the purpose of
obtaining criminal record summary information from DOJ and the
FBI. An "applicant" means any person who is seriously being
considered for employment by an employer.
2.Clarifies that a person who would be prohibited from
employment by a private school, as specified, shall not own or
operate a private school offering instruction on the
elementary or high school level.
3.Provides, in conducting an onsite review of the facility and
program for which a nonpublic, nonsectarian school or agency
seeks certification, 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/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
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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 the
evidence and store it in a locked file separate from other
files.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
DOJ: The costs to the DOJ to process fingerprints and obtain
criminal background information, as required by this bill,
will be fully reimbursed by fees paid to the Fingerprint Fees
Account by the applicants or employers (private, nonpublic
schools).
CDE/SPI: To the extent that the SPI elects to verify
successful criminal background check clearance for private
schools during certification, there would like be a minor
workload increase to the CDE.
SUPPORT : (Verified 8/14/13)
State Superintendent of Public Instruction (source)
California Teachers Association
California Association of Private Special Education Schools
ARGUMENTS IN SUPPORT : Supporters argue that 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 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. CDE 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.
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ASSEMBLY FLOOR : 76-0, 04/18/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Morrell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Holden, Lowenthal, Mitchell, Vacancy
PQ:nl 8/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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