BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: SB 160
AUTHOR: Lara
AMENDED: April 8, 2013
FISCAL COMM: Yes HEARING DATE: April 17, 2013
URGENCY: No CONSULTANT:Lenin Del Castillo
NOTE : This bill has been referred to the Committees on
Education and Public
Safety. A "do pass" motion should include referral to the
Committee on
Public Safety.
SUBJECT : Classified School Employees.
SUMMARY
This bill requires school districts and charter schools,
within 30 days, to notify the State Department of Education
(SDE) when a classified employee is dismissed, resigns,
suspended, or retires from employment as a result of
misconduct against a child, as specified.
BACKGROUND
Under the existing Child Abuse and Neglect Reporting Act, all
school district teachers and employees are considered to be
"mandated reporters." Mandated reporters are required to
report to any law enforcement department knowledge or
observations they may have of a child they know or reasonably
suspect to have been the subject of child abuse or neglect.
The individual report must be made by telephone immediately
or as soon as practicable with a written or electronic follow
up within 36 hours. (Penal Code § 11164 et seq.)
There is currently no statewide mechanism to identify and
monitor school districts' classified employees that separate
by dismissal, resignation, or settlement during the course of
an investigation involving misconduct with students.
Therefore, a classified employee who separates from his or
her district may be able to find employment with other school
districts without them knowing the circumstances under which
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the employee left that position.
ANALYSIS
This bill requires school districts and charter schools,
within 30 days, to notify the SDE when a classified employee
is dismissed, resigns, suspended, or retires from employment
as a result of misconduct against a child, as specified.
More specifically, this bill:
1) Requires the State Department of Education to keep the
information provided and upon request by a school
district or charter school, provide that information for
purposes of verifying previous employment for a
classified employee.
2) Defines "misconduct against a child" as:
a) Sex offenses, as specified in various
provisions of law.
b) Aiding or abetting the unlawful sale to, use
by, or exchange to,
minors of a controlled substance, as specified.
c) Child neglect.
d) Willful harming or injuring of a child or the
endangering of the
person or health of a child.
e) Unlawful corporal punishment or injury.
f) Abuse or neglect in out-of-home care.
g) Child abuse or neglect.
STAFF COMMENTS
1) Need for the bill : At the request of the Joint
Legislative Audit Committee, the California State
Auditor conducted an audit regarding the Los Angeles
Unified School District's handling of allegations of
employee abuse against students. The audit report was
released on November, 29, 2012, and included a
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recommendation for the Legislature to consider
establishing a mechanism to monitor classified employees
who have separated from a school district by dismissal,
resignation, or settlement during the course of an
investigation for misconduct involving students, similar
to the oversight provided for certificated employees.
SB 160 attempts to implement this recommendation and
according to the author, close a loophole in the
reporting of classified employees who are dismissed,
resign from, suspended, or retire from employment as a
result of misconduct against children.
2) Mandated costs . The notification requirements for
school districts and charter schools would likely result
in unknown state-reimbursable mandated costs.
Additionally, the SDE would require additional state
operations costs to collect, maintain, and disseminate
the information reported to them by school districts and
charter schools.
3) Staff amendments . Staff recommends that the bill be
amended to ensure confidentiality of the information
reported to the SDE by prohibiting the information from
being made open to the public and that it only be used
to determine whether a classified employee, who is being
considered for employment by the requesting school
district or charter schools, has been dismissed or
resigns from employment due to child misconduct. Staff
also recommends that the bill be amended to provide the
ability for any classified employee that is reported to
the SDE and subsequently acquitted or found to be
wrongfully accused of the alleged misconduct that led to
his or her dismissal, resignation, suspension,
retirement, or termination, to be removed from SDE's
tracking system.
4) Related legislation :
AB 349 (Gatto) requires school districts and charter
schools to report changes in employment status to the
State Department of Education when a classified employee
is dismissed, suspended, resigns, retires, or is
otherwise terminated as a result of allegations of
misconduct against a child.
SUPPORT
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California Council of Nonprofit Organizations, Inc.
California Narcotic Officers' Association
OPPOSITION
None on file.