BILL NUMBER: AB 1717 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2012
AMENDED IN ASSEMBLY APRIL 17, 2012
AMENDED IN ASSEMBLY MARCH 26, 2012
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 16, 2012
An act to add Section 44021 to the Education Code, relating to
school district employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1717, as amended, Dickinson. School district 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 an employee
of a school district to notify the school district, as provided, if
the employee obtains a license, registration, or special permit
issued under provisions governing community care facilities or is
hired to work in a licensed community care facility.
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 and would require a school district employee to update
that information at least annually . 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 either residing
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
State Department of Social Services to notify a school district when
an employee of the school district is granted a license,
registration, or special permit issued under provisions governing
community care facilities or is granted authorization to
be employed in a community care facility licensed by the department.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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.
(3) After July 1, 2013, an employee of a school district shall
notify the school district within 30 days, in writing, if the
employee obtains 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 if the
employee is hired to work 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) (1) 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 After July 1,
2013, at least once per calendar year, an individual who is an
employee of a school district shall update the contact information
for the employing school district.
(2) 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 either residing 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.
(3) The State Department of Social Services shall notify a school
district when an employee of that school district is granted 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 granted authorization to be
employed in a community care facility licensed by the State
Department of Social Services.
(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.