BILL ANALYSIS
SENATE COMMITTEE ON EDUCATION
Gloria Romero, Chair
2009-2010 Regular Session
BILL NO: SB 129
AUTHOR: Huff
AMENDED: June 18, 2009
FISCAL COMM: Yes HEARING DATE: July 15, 2009
URGENCY: Yes CONSULTANT: Lynn Lorber
NOTE : This bill has been amended to replace its contents
and this is the first time the bill is being heard in its
current form. The prior version of this bill was never
heard.
SUBJECT : Heritage Schools
SUMMARY
This bill, an urgency measure, establishes in statute
"heritage schools" as a category of schools that are not
full-time day schools. This bill requires heritage schools
to file an affidavit with the Superintendent of Public
Instruction detailing specific information relative to
personnel and the course of study, and requires employees
of a heritage school to be fingerprinted.
BACKGROUND
The term heritage school generally refers to a program of
instruction, outside of the regular school day, about the
culture, traditions and history of a country other than the
United States. Some heritage schools operate like a child
care center and are required to be licensed through the
Department of Social Services (see Comment #1).
Current law requires private schools to file an affidavit
with the Superintendent of Public Instruction detailing
specific information relative to school personnel and the
courses of study, and requires employees to be
fingerprinted.
ANALYSIS
This bill , an urgency measure, requires heritage schools,
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as defined, to file an affidavit with the Superintendent of
Public Instruction detailing specific information relative
to personnel and the course of study, and requires
employees of a heritage school to be fingerprinted.
Specifically, this bill:
1) Defines a heritage school as a school that serves
children who are between the ages of four years and
nine months and 18 years, who attend a public or
private full-time day school, that does all of the
following:
a) Specifies regular hours of operation.
b) Offers education or academic tutoring, or
both, in a foreign language.
c) Offers education on the culture, traditions,
or history of a country other than the United
States.
d) Offers culturally enriching activities,
including but not limited to, art, dancing, games
or singing, based on the culture or customs of a
country other than the United States.
e) Maintains membership in a state or national
cultural or language association.
f) Complies with relevant local government
regulations.
g) Does not operate out of a residential home.
2) Requires every person, firm, association, partnership
or corporation offering or conducting heritage school
instruction to file, between the first and 15th day of
October of each year (beginning October 1, 2011) with
the Superintendent of Public Instruction an affidavit
or statement, under penalty of perjury, by the owner
or other head setting forth the following information
for the current year:
a) All names of the person, firm, association,
partnership, or corporation under which it has
done and is doing business.
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b) The address of every place of doing business
of the person, firm, association, partnership, or
corporation within the State of California.
c) The address of the location of the records
of the person, firm, association, partnership or
corporation, and the name and address of the
custodian of the records.
d) The names and addresses of the directors and
principal officers of the person, firm,
association, partnership, or corporation.
e) The school enrollment, by grades, number of
teachers, co-educational or enrollment limited to
boys or girls, and boarding facilities.
f) That specified records are kept at the
address stated, and are true and accurate.
g) Criminal records summary information has
been obtained pursuant to current law affecting
private school employees.
3) Beginning October 1, 2011, requires the affidavit or
statement to include, under penalty of perjury, a
statement that the heritage school is in compliance
with requirements for fingerprinting and a criminal
record summary that currently apply to private school
employees.
Contracting for specific services
1) Requires employees of any entity contracting with a
heritage school providing any of the following
services, and who may have any contact with pupils, to
submit their fingerprints in a manner authorized by
the Department of Justice (DOJ), with any fee charged
by DOJ:
a) School and classroom janitorial.
b) School site administrative.
c) School site grounds and landscape
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maintenance.
d) Pupil transportation.
e) School site food-related services.
2) Exempts an entity providing any of the services listed
above in an emergency or exceptional situation from
the fingerprinting and criminal records summary
requirements.
3) Exempts an entity providing any of the services listed
above from fingerprinting and criminal record summary
requirements if the heritage school determines that
the employees of the entity will have limited contact
with pupils.
4) Authorizes a heritage school to determine, on a
case-by-case basis, to require an entity providing
school site services other than those listed above to
comply with fingerprinting and criminal records
summary requirements.
5) Requires the Department of Justice (DOJ) to ascertain
whether an individual who has submitted fingerprints
has been arrested or convicted of any crime, and
requires notification of the employer if the
individual has a pending criminal proceeding for a
felony or has been convicted of a felony. This bill
authorizes the DOJ to notify the heritage school to
forward a copy of the fingerprints to the FBI.
6) Prohibits an entity from permitting an employee to
come in contact with pupils until the DOJ has
ascertained that the employee has not been convicted
of a felony.
7) Requires an entity having a contract with a heritage
school to certify in writing that neither the employer
nor any of its employees who are required to submit
fingerprints have been convicted of a felony.
8) Requires an entity currently under contract with a
heritage school to complete the fingerprinting
requirements within 90 days of the effective date of
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this bill.
Contracting for construction or repair of facilities
1) Requires a heritage school contracting with an entity
for the construction, reconstruction, rehabilitation,
or repair of a school facility where the employees of
the entity will have contact, other than limited
contact, with pupils to ensure the safety of the
pupils by one or more of the following methods:
a) The installation of a physical barrier at
the worksite to limit contact with pupils.
b) Continual supervision and monitoring of all
employees of the entity by an employee of the
entity whom the DOJ has ascertained has not been
convicted of a violent or serious felony.
c) Surveillance of employees of the entity by
school personnel.
2) Provides that an entity that contracts with a heritage
school for construction or repair of a school facility
is not required to comply with fingerprinting and
criminal record summary requirements if one or more of
the methods described above is used. This bill also
exempts an entity providing construction,
reconstruction, rehabilitation, or repair services in
an emergency or exceptional situation from the
requirement to keep those employees separated from
pupils, or that they be monitored.
3) Requires the Superintendent of Public Instruction to
prepare and publish a list of heritage schools to
include the name and address of the school and the
name of the school owner or administrator.
4) Prohibits the filing of an affidavit pursuant to this
bill from being interpreted to mean that the State of
California, the Superintendent of Public Instruction,
the State Board of Education, the California
Department of Education (CDE), or any division or
bureau of the CDE, or any accrediting agency has made
any evaluation, recognition, approval or endorsement
of the school or course, unless this is an actual
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fact. This bill provides that it is unlawful for any
school to expressly or impliedly represent the filing
of an affidavit as an evaluation, recognition,
approval or endorsement.
5) Includes an urgency clause.
STAFF COMMENTS
1) What are heritage schools ? According to the Senate
Human Services Committee analysis of a similar bill,
heritage schools come in many sizes, settings, and
organizational structures with one thing in common:
they exist to educate children to speak languages
other than English and to learn about a foreign
culture and customs. Some heritage schools are only
open after school during the school year; others are
also open all day on school holidays and during
vacations. Some heritage schools rent facilities from
school districts; others operate in store fronts and
strip malls. Some are, in essence, drop in programs
requiring no sign-in or sign-out of children. Others,
particularly when operating all day during school
vacations, provide care and supervision. In other
words, some heritage schools do not operate as child
care centers while others do. Heritage schools
operating as a child care center are required to hold
a child care license.
2) Will some heritage schools still be required to have a
child care license ? While this bill is silent with
regard to child care licensing requirements, the
practical effects are unclear. It is possible that
the Department of Social Services, which is
responsible for the licensing of child care providers,
would view the filing of an affidavit with the
Department of Education as an adequate form of
accountability, and would therefore not require
heritage schools to hold a child care license. Staff
is still awaiting a determination from the Department
of Social Services as to whether this bill will have
any effect on licensing requirements.
3) No right to state funding . Staff recommends an
amendment to specify that the filing of an affidavit
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with the Superintendent of Public Instruction by a
heritage school does not grant the heritage school any
right to receive state funding.
4) Private school affidavit . Current law requires
private schools to file an affidavit with the
Superintendent of Public instruction detailing
specific information relative to personnel and the
course of study, and requires employees (including
those of an entity contracting with a private school)
of a private school to be fingerprinted. This bill
establishes a nearly identical process for heritage
schools.
5) Related legislation . SB 379 (Huff, 2008) would have
exempted heritage schools from child day care
licensure. SB 379 was held on the Senate
Appropriations Committee's suspense file on May 11,
2009.
6) Prior legislation . AB 344 (Huff, 2007) and AB 1888
(Huff, 2008) were similar to SB 379 of 2009 (see
Related legislation). AB 344 was never heard, and AB
1888 was held on the Assembly Appropriations
Committee's suspense file.
SUPPORT
None received.
OPPOSITION
None received.