BILL NUMBER: AB 1717 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 26, 2012
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 16, 2012
An act to amend Section 44830.1 of add
Section 44021 to the Education Code, and to amend
Section 1555 of the Health and Safety Code, relating to
certificated school district employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1717, as amended, Dickinson. Certificated school
School district employees.
employees: community care facilities .
(1) Existing law requires the State Department of Social Services
to notify the local director of social services and the probation
officer of the county in which a community care facility is located
whenever the license, registration, or special permit issued to the
community care facility is suspended, revoked, temporarily suspended,
forfeited, canceled, or expired.
Existing law requires the Department of Justice to notify a school
district if it discovers that an individual who is an applicant for
employment for a position requiring certification qualifications has
been convicted of specified offenses and requires a school district
employer to request subsequent arrest service from the Department of
Justice, as specified.
This bill would require a school district, as part of the hiring
process, to request an applicant for a classified or certificated
position, including a temporary or substitute position, to provide,
in writing, information regarding a currently or previously held
license, registration, or special permit issued under provisions
governing community care facilities and regarding current or prior
employment in a licensed community care facility. The bill would
require an employee of a school district to provide similar
information by July 1, 2013.
The bill would require a school district that receives information
that an applicant for employment or an employee currently holds or
previously held such a license, registration, or special permit or is
currently employed or was previously employed in a licensed
community care facility to submit the applicant's or employee's name,
birth date, and driver's license or Department of Motor Vehicles
identification number to the State Department of Social Services.
The bill would require the State Department of Social Services to
include the contact information for the employing school district in
the record of an individual holding a license, registration, or
special permit and in the record of the employee of a community care
facility. If the individual's license, registration, or special
permit is revoked, suspended, forfeited, canceled, or surrendered on
the grounds that the holder engaged in conduct inimical to the
health, morals, welfare, or safety of either an individual in or
receiving services from the community care facility or has an
exclusion on those grounds, the bill would require the State
Department of Social Services to notify the employing school district
within 10 days of receipt of that information or within 10 days of
the revocation, suspension, forfeiture, cancellation, surrender, or
exclusion, whichever is applicable.
The bill would require the school district to notify the State
Department of Social Services if an employee of a school district who
holds a license, registration, or special permit for a community
care facility or is employed in a licensed community care facility is
dismissed on the basis of endangering the safety of a pupil.
To the extent that these requirements would operate to impose new
duties on school districts, the bill would impose a state-mandated
local program.
(2) 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.
This bill would require the State Department of Social Services to
notify, as provided, the Department of Justice whenever a license,
registration, or special permit issued for a community care facility
is revoked or has an exclusion on the grounds that the holder engaged
in conduct inimical to the health, morals, welfare, or safety of
either an individual in, or receiving services from, the facility or
the people of the State of California.
The bill would require the Department of Justice to provide to a
school district information pertaining to the revocation of or
exclusion on a license, registration, or special permit for a
community care facility if a certificated school employee or an
applicant for employment by the school district is the subject of the
information. The bill would require the department to provide the
information within 10 days of receipt of the information.
(2) The bill also would make technical, nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44021 is added to the
Education Code , to read:
44021. (a) (1) As part of the hiring process, a school district
shall request an applicant for a classified or certificated position,
including a temporary or substitute position, to provide, in
writing, information regarding a currently or previously held
license, registration, or special permit issued under Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code for a community care facility and regarding current or prior
employment in a community care facility licensed by the State
Department of Social Services.
(2) By July 1, 2013, an employee of a school district shall notify
the school district, in writing, if the employee currently holds or
previously held a license, registration, or special permit issued
under Chapter 3 (commencing with Section 1500) of Division 2 of the
Health and Safety Code for a community care facility and if the
employee is currently or was previously employed in a community care
facility licensed by the State Department of Social Services.
(b) When a school district receives information that an applicant
for employment or an employee currently holds or previously held a
license, registration, or special permit issued under Chapter 3
(commencing with Section 1500) of Division 2 of the Health and Safety
Code for a community care facility or is currently or was previously
employed in a community care facility licensed by the State
Department of Social Services, the school district shall submit the
applicant's or employee's name, birth date, and driver's license or
Department of Motor Vehicles identification number to the State
Department of Social Services.
(c) The State Department of Social Services shall include the
contact information for the employing school district in the record
of an individual holding a license, registration, or special permit
issued under Chapter 3 (commencing with Section 1500) of Division 2
of the Health and Safety Code for a community care facility and in
the record of the employee of a community care facility. If the
individual's license, registration, or special permit is revoked,
suspended, forfeited, canceled, or surrendered on the grounds that
the holder engaged in conduct inimical to the health, morals,
welfare, or safety of either an individual in or receiving services
from the community care facility or has an exclusion on those
grounds, the State Department of Social Services shall notify the
employing school district and, in the case of a certificated
employee, the Commission on Teacher Credentialing within 10 days of
receipt of information pursuant to subdivision (b) or within 10 days
of the revocation, suspension, forfeiture, cancellation, surrender,
or exclusion, whichever is applicable.
(d) If an employee of a school district who holds a license,
registration, or special permit issued under Chapter 3 (commencing
with Section 1500) of Division 2 of the Health and Safety Code for a
community care facility or is employed in a community care facility
licensed by the State Department of Social Services is dismissed on
the basis of endangering the safety of a pupil, the school district
shall notify the State Department of Social Services of the
dismissal.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 44830.1 of the Education
Code is amended to read:
44830.1. (a) In addition to any other prohibition or provision, a
person who has been convicted of a violent or serious felony shall
not be hired by a school district in a position requiring
certification qualifications or supervising positions requiring
certification qualifications. A school district shall not retain in
employment a current certificated employee who has been convicted of
a violent or serious felony, and who is a temporary employee, a
substitute employee, or a probationary employee serving before March
15 of the employee's second probationary year. If any conviction is
reversed and the formerly convicted person is acquitted of the
offense in a new trial, or the charges are dismissed, this section
does not prohibit his or her employment thereafter.
(b) This section applies to any violent or serious offense that,
if committed in this state, would have been punishable as a violent
or serious felony.
(c) (1) For purposes of this section, a violent felony is any
felony listed in subdivision (c) of Section 667.5 of the Penal Code
and a serious felony is any felony listed in subdivision (c) of
Section 1192.7 of the Penal Code.
(2) For purposes of this section, a plea of nolo contendere to a
serious or violent felony constitutes a conviction.
(3) For purposes of this section, the term "school district" has
the same meaning as defined in Section 41302.5.
(d) When the governing board of any school district requests a
criminal record summary of a temporary, substitute, or probationary
certificated employee, two fingerprint cards, bearing the legible
rolled and flat impressions of the person's fingerprints together
with a personal description and the fee, shall be submitted, by any
means authorized by the Department of Justice, to the Department of
Justice.
(e) When the Department of Justice ascertains that an individual
who is an applicant for employment by a school district has been
convicted of a violent or serious felony, or for purposes of
implementing the prohibitions set forth in Section 44836, any sex
offense, as defined in Section 44010, or any controlled substance
offense, as defined in Section 44011, or is the subject of
information received pursuant to subdivision (b) of Section 1555 of
the Health and Safety Code, the Department of Justice shall notify
the school district of the criminal or other information pertaining
to the applicant. The notification shall be delivered by telephone or
electronic mail to the school district. The notification to the
school district shall cease to be made once the statewide electronic
fingerprinting network is returning responses within three working
days. The Department of Justice shall send by first-class mail or
electronic mail a copy of the criminal or other information to the
Commission on Teacher Credentialing. The Department of Justice may
charge a reasonable fee to cover the costs associated with
processing, reviewing, and supplying the criminal record summary or
other information required by this section. The fee shall not exceed
the actual costs incurred by the Department of Justice.
(f) Notwithstanding subdivision (a), a person shall not be denied
employment or terminated from employment solely on the basis that the
person has been convicted of a violent or serious felony if the
person has obtained a certificate of rehabilitation and pardon
pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6
of Part 3 of the Penal Code.
(g) Notwithstanding subdivision (f), a person shall not be denied
employment or terminated from employment solely on the basis that the
person has been convicted of a serious felony that is not also a
violent felony if that person can prove to the sentencing court of
the offense in question, by clear and convincing evidence, that he or
she has been rehabilitated for the purposes of school employment for
at least one year. If the offense in question occurred outside this
state, the person may seek a finding of rehabilitation from the court
in the school district in which he or she is a resident.
(h) Notwithstanding any other law, when the Department of Justice
notifies a school district by telephone or electronic mail that a
current temporary employee, substitute employee, or probationary
employee serving before March 15 of the employee's second
probationary year, has been convicted of a violent or serious felony,
that employee shall immediately be placed on leave without pay. When
the school district receives written electronic notification of the
fact of conviction from the Department of Justice, the employee shall
be terminated automatically and without regard to any other
procedure for termination specified in this code or school district
procedures unless the employee challenges the record of the
Department of Justice and the Department of Justice withdraws in
writing its notification to the school district. Upon receipt of
written withdrawal of notification from the Department of Justice,
the employee shall immediately be reinstated with full restoration of
salary and benefits for the period of time from the suspension
without pay to the reinstatement.
(i) (1) An employer shall request subsequent arrest service from
the Department of Justice as provided under Section 11105.2 of the
Penal Code.
(2) Within 10 days of receipt of information provided to the
Department of Justice pursuant to Section 1555 of the Health and
Safety Code subsequent to employment of a person, the Department of
Justice shall provide to a school district employer notification of
that information and copies of all records provided to the Department
of Justice pertaining to the revocation or exclusion, in compliance
with all applicable federal and state privacy laws. The notification
shall be delivered to the school district employer in the same manner
as set forth in subdivision (e).
(j) Notwithstanding Section 47610, this section applies to a
charter school.
(k) This section shall not apply to a certificated employee who
applies to renew his or her credential when both of the following
conditions have been met:
(1) The employee's original application for credential was
accompanied by that person's fingerprints.
(2) The employee has either been continuously employed in one or
more public school districts since the issuance or last renewal of
his or her credential or his or her credential has not expired
between renewals.
(l) This section does not prohibit a county superintendent of
schools from issuing a temporary certificate to any person described
in paragraph (1) or (2) of subdivision (k).
(m) This section does not prohibit a school district from hiring a
certificated employee who became a permanent employee of another
school district as of October 1, 1997.
(n) All information obtained from the Department of Justice is
confidential. Every agency handling Department of Justice information
shall ensure the following:
(1) A recipient shall not disclose its contents or provide copies
of information.
(2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.
(3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of
Title 11 of the California Code of Regulations.
(4) Compliance with destruction, storage, dissemination, auditing,
backgrounding, and training requirements as set forth in Sections
700 through 708, inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of the Penal Code, governing the use
and security of criminal offender record information, is the
responsibility of the entity receiving the information from the
Department of Justice.
SEC. 2. Section 1555 of the Health and Safety
Code is amended to read:
1555. (a) Whenever a license, registration, or special permit
issued under this chapter for a community care facility is suspended,
revoked, temporarily suspended, forfeited, canceled, or expires, the
department shall provide written notice of that occurrence within 10
days to the local director of social services and the probation
officer of the county in which the community care facility is
located.
(b) Whenever a license, registration, or special permit issued
under this chapter for a community care facility is revoked or has an
exclusion on the grounds that the holder engaged in conduct inimical
to the health, morals, welfare, or safety of either an individual
in, or receiving services from, the facility or the people of the
State of California, the department shall provide written notice of
that occurrence within 10 days to the Department of Justice, and
copies of records pertaining to the revocation or exclusion, in
compliance with all applicable federal and state privacy laws.