BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 160|
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THIRD READING
Bill No: SB 160
Author: Lara (D) and De Leon (D), et al.
Amended: 4/30/13
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 4/17/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Jackson, Monning
SUBJECT : Classified school employees
SOURCE : Author
DIGEST : This bill requires school districts and charter
schools, within 30 days, to notify the California Department of
Education (CDE) when a classified employee is dismissed,
suspended, or is terminated from employment as a result of the
misconduct against a child, as specified, and to notify in
writing the classified employee that is the subject of the
notification, as specified.
ANALYSIS : 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.
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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/her district may be
able to find employment with other school districts without them
knowing the circumstances under which the employee left that
position.
This bill requires school districts and charter schools, within
30 days, to notify the CDE when a classified employee is
dismissed, suspended, or is terminated from employment as a
result of misconduct against a child, as specified. And, to
notify, in writing, the classified employee who is the subject
of the notification, as specified. More specifically, this
bill:
1. Requires the CDE 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.
3. Requires the CDE to remove that information if a person
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submits a certified copy of a court order of an acquittal or
statement of factual innocence pertaining to the alleged
misconduct against a child.
Comments
Need for this 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
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. This bill attempts to implement this recommendation
and according to the author's office, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Mandate: Potentially significant, mandate on school
districts for specified reporting, and any related procedures
or training developed. Reimbursable expenses for each
district mandate will likely be small for each district, but
the aggregate costs for more than 1,000 school districts
would likely be in the low millions.
CDE: Initial costs $650,000, and ongoing annual costs of
$550,000, to collect, maintain, provide, and expunge
specified information according to the requirements of this
bill.
SUPPORT : (Verified 5/29/13)
California Council of Nonprofit Organizations, Inc.
California Federation of Teacher
California Narcotic Officers' Association
Students First
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PQ:k 5/29/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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