SB 160, as amended, Lara. Classified school employees: misconduct against a child: statewide tracking.
Existing law requires the governing board of a school district to place a classified employee on a compulsory leave of absence in specified circumstances, including, among other circumstances, if the employee is charged by complaint, information, or indictment filed in a court of competent jurisdiction with the commission of a sex offense, as defined.
This bill would require a school district or charter school to notify the State Department of Education when a classified employee of the school district or charter school is dismissed, resigns, is suspended, retires, or is terminated from employment as a result of misconduct against a child, as specified, thereby imposing a state-mandated local program. The bill would require the department, upon request by a school district or charter school, to provide that informationbegin insert
onlyend insert for purposes of verifying previous employment of a classifiedbegin delete employeeend deletebegin insert employee, as specified. The bill would require the information to be kept confidential and would require the department to remove from its records a classified employee’s information who is subsequently acquitted or found to be wrongfully accused of the alleged misconduct against a childend insert. The bill would make a conforming change and nonsubstantive changes.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 44010 of the Education Code is amended
2to read:
“Sex offense,” as used in Sections 44020, 44237, 44346,
444425, 44436, 44836, 45123, and 45304.5, means any of the
5offenses listed below:
6(a) An offense defined in Section 220, 261, 261.5, 262, 264.1,
7266, 266j, 267, 285, 286, 288, 288a, 288.5, 289, 311.1, 311.2,
8311.3, 311.4, 311.10, 311.11, 313.1, 647b, 647.6, or former Section
9647a, subdivision (a), (b), (c), or (d) of Section 243.4, or
10subdivision (a) or (d) of Section 647 of the Penal Code.
11(b) An offense defined in former subdivision (5) of former
12Section 647 of the Penal Code repealed by Chapter 560 of the
13Statutes of 1961, or an offense defined in former
subdivision (2)
14of former Section 311 of the Penal Code repealed by Chapter 2147
15of the Statutes of 1961, if the offense defined in those sections was
16committed before September 15, 1961, to the same extent that an
17offense committed before that date was a sex offense for the
18purposes of this section before September 15, 1961.
19(c) An offense defined in Section 314 of the Penal Code
20committed on or after September 15, 1961.
21(d) An offense defined in former subdivision (1) of former
22Section 311 of the Penal Code repealed by Chapter 2147 of the
23Statutes of 1961 committed on or after September 7, 1955, and
24before September 15, 1961.
P3 1(e) An offense involving lewd and lascivious conduct under
2Section 272 of the
Penal Code committed on or after September
315, 1961.
4(f) An offense involving lewd and lascivious conduct under
5former Section 702 of the Welfare and Institutions Code repealed
6by Chapter 1616 of the Statutes of 1961, if that offense was
7committed before September 15, 1961, to the same extent that an
8offense committed before that date was a sex offense for the
9purposes of this section before September 15, 1961.
10(g) An offense defined in Section 286 or 288a of the Penal Code
11before the effective date of the amendment of either section enacted
12at the 1975-76 Regular Session of the Legislature committed
13before the effective date of the amendment.
14(h) An attempt to commit any of the offenses specified in this
15
section.
16(i) An offense committed or attempted in another state or against
17the laws of the United States that, if committed or attempted in
18this state, would have been punishable as one or more of the
19offenses specified in this section.
20(j) A conviction for an offense resulting in the requirement to
21register as a sex offender pursuant to Section 290 of the Penal
22Code.
23(k) Commitment as a mentally disordered sex offender under
24former Article 1 (commencing with Section 6300) of Chapter 2
25of Part 2 of the Welfare and Institutions Code, as repealed by
26Chapter 928 of the Statutes of 1981.
Section 45304.5 is added to the Education Code, to
28read:
(a) A school district or charter school, within 30 days
30of one of the following actions, shall notify the department when
31a classified employee of the school district
or charter school is
32dismissed, resigns, is suspended, retires, or is terminated from
33employment as a result of misconduct against a child.
34(b) begin insert(1)end insertbegin insert end insert The department shall keep the information provided
35pursuant to subdivision (a) and, upon request by a school district
36or charter school, provide that informationbegin insert onlyend insert for purposes of
37verifying previous employment for a classified employeebegin insert being
38considered for employment by the requesting
school district or
39charter school. The department shall remove from its records a
40classified employee’s information who is subsequently acquitted
P4 1or found to be wrongfully accused of alleged misconduct against
2a child that led to his or her dismissal, resignation, suspension,
3retirement, or termination of employmentend insert.
4(2) Information collected and requested pursuant to this section
5shall be kept confidential and shall not be made available to the
6public. The department shall ensure that information collected
7pursuant to this section shall only be used for the purposes
8described in this subdivision.
9(c) For purposes of this section, “misconduct against a child”
10means any of the following:
11(1) A sex offense, as specified in Section 44010.
12(2) Aiding or abetting the unlawful sale to, use by, or exchange
13to, minors of a controlled substance included in Schedule I, II, or
14III, as listed in Section 11054, 11055, or 11056 of the Health and
15Safety Code, respectively.
16(3) An offense specified in Sections 11165.2 to 11165.6,
17inclusive, of the Penal Code.
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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