Existing law prohibits the employment or retainment of employment by a school district of a person convicted of a sex offense and defines the term sex offense for those purposes and for specified other provisions relating to schools and school employees.

This bill would revise the list of crimes included in the definition of sex offense by, among other things, including specified crimes a violation of which requires a person to register as a sex offender under the Sex Offender Registration Act. By imposing additional duties on local educational agencies to, among other things, take action relating to the employment of a person convicted of one of those offenses, the bill would impose a state-mandated local program.

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 the statutory provisions noted above.

Existing law prohibits the employment or retainment of employment by a school district of a person convicted of a sex offense and defines the term sex offense for those purposes and for specified other provisions relating to schools and school employees.

This bill would revise the list of crimes included in the definition of sex offense by, among other things, including specified crimes a violation of which requires a person to register as a sex offender under the Sex Offender Registration Act. By imposing additional duties on local educational agencies to, among other things, take action relating to the employment of a person convicted of one of those offenses, the bill would impose a state-mandated local program.

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 the statutory provisions noted above.

Existing law prohibits the employment or retainment of employment by a school district of a person convicted of a sex offense and defines the term sex offense for those purposes and for specified other provisions relating to schools and school employees.

This bill would revise the list of crimes included in the definition of sex offense by, among other things, including specified crimes a violation of which requires a person to register as a sex offender under the Sex Offender Registration Act. By imposing additional duties on local educational agencies to, among other things, take action relating to the employment of a person convicted of one of those offenses, the bill would impose a state-mandated local program.

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 the statutory provisions noted above.

 CONSENT  

Bill No: AB 872

Author:

:

Vote:

SENATE EDUCATION COMMITTEE: 7-0, 6/7/17

AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/27/17

AYES: Skinner, Anderson, Bradford, Jackson, Mitchell, Stone, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 74-0, 4/20/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Commission on Teacher Credentialing

DIGEST:

This bill updates the list of sex offenses that require the Commission on Teacher Credentialing (CTC) to suspend a person’s credential by referencing the list of offenses in the California Penal Code that require registration as a sex offender.

ANALYSIS:

Existing law:

1. Defines which sex offenses require immediate suspension and revocation of a teaching credential or denial of a credential application by the CTC.
2. Requires the CTC to immediately suspend a credential when the holder has been charged with certain sex or controlled substance offenses and to revoke the credential upon conviction.
3. Requires the CTC to revoke a credential when the holder has been convicted of certain sex offenses or controlled substance offenses and prohibits reinstatement of the credential for certain felony offenses.
4. Establishes the Committee of Credentials (COC) for the purpose of reviewing allegations that may be grounds for the denial, suspension, or revocation of a teaching or services credential issued by the CTC.

This bill updates the existing list of sex offenses that require the CTC to suspend a person’s credential by adding references to:

1. Penal Code Section 290(c), which lists all of the crimes for which a convicted person must register as a sex offender for the rest of his or her life. By adding this section to the Education Code, the following sex offenses will result in automatic credential suspension:
   1. Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289: Murder with intent to commit rape or other sexual acts.
   2. Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289: Kidnapping with intent to commit rape or other sexual acts.
   3. Section 236.1(b) and (c): Human trafficking for purposes of prostitution or creating child pornography.
   4. Section 266c: Unlawful sexual contact with consent procured via false or fraudulent representation intended to create fear.
   5. Section 266h(b): Pimping.
   6. Section 269: Aggravated sexual assault of a child.
   7. Section 288.3: Contacts minor with the intent to commit specified offenses.
   8. Section 288.4: Arrangement of meeting with minor for lewd/lascivious behavior.
   9. Section 288.7: Sexual acts with child 10 years or younger.
   10. Section 653f(c): Solicitation of another to commit forcible rape, sodomy, or oral copulation.
2. Penal Code Section 288.2, related to sending sexual text messages to minors.

Although the above-listed offenses constitute mandatory denial or revocation of a teaching credential, current law does not allow for persons convicted of these crimes to have their credentials immediately suspended; this bill provides that authority.

Comments

1. Need for the bill. According to the CTC, under current law, not all sex offenses result in an automatic suspension of credentials. This may lead to situations in which a person convicted of a sexual offense can remain in the classroom until the disposition of his or her case. Even if an employer takes action to suspend the employee, without action to suspend his or her credential, the credential holder may be able to move to another employer and continue working in a classroom.

This bill adds Penal Code sections to the Education Code so they can be added to the existing list of offenses that require a mandatory suspension by the CTC.

1. Mandatory offenses and discretionary review. Criminal offenses requiring revocation of teaching credentials include specific felonies and misdemeanors, violent or serious felonies, sex offenses, and controlled substance offenses. In some cases, such as theft crimes, mandatory revocation is limited to felony thefts. In other cases, such as child endangerment, mandatory revocation is required for both misdemeanors and felonies.

Offenses not requiring teaching credential revocation receive a discretionary review by the CTC, with action taken by the COC based on the facts and circumstances of the case. If a formal review is made by the COC, the credential holder may appear and present their case. After the formal review, the COC may issue a decision for disciplinary action, with the credential holder having 30 days to accept the discipline or request a hearing with an independent Administrative Law Judge. After the Judge makes a decision, the COC can accept the decision or its own disciplinary action.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/17/17)

Commission on Teacher Credentialing (source)

Association of California School Administrators

California State Sheriff's Association

OPPOSITION: (Verified 7/17/17)

None received

ASSEMBLY FLOOR: 74-0, 4/20/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Choi, Gallagher, Mathis, Patterson, Ridley-Thomas

Prepared by:

7/19/17 15:33:45

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2017 - 2018 Regular

Bill No: AB 872 Hearing Date: June 27, 2017

Subject: School Employees: Employment: Sex Offenses

HISTORY

Source: Commission on Teacher Credentialing

Prior Legislation: None

Support: Association of California School Administrators; California State Sheriffs’ Association

Opposition: None known

Assembly Floor Vote: 74 - 0

PURPOSE

The purpose of this bill is to update the list of sex offenses that require the Commission on Teacher Credentialing (CTC) to suspend a person’s credential by referencing the list of offenses in the California Penal Code that require registration as a sex offender.

Existing law defines which sex offenses require immediate suspension and revocation of a teaching credential or denial of a credential application by the CTC. (Education Code § 44010)

Existing law requires the CTC to immediately suspend a credential when the holder has been charged with certain sex or controlled substance offenses and to revoke the credential upon conviction. (Education Code § 44425)

Existing law requires the CTC to revoke a credential when the holder has been convicted of certain sex offenses or controlled substance offenses and prohibits reinstatement of the credential for certain felony offenses. (Education Code Section 44424)

Existing law establishes the Committee of Credentials for the purpose of reviewing allegations that may be grounds for the denial, suspension, or revocation of a teaching or services credential issued by the CTC.

This bill updates the existing list of sex offenses that require the CTC to suspend a person’s credential to be the same as the list that requires a revocation of a credential. (Education Code § 44240)

This bill adds all offenses in Penal Code Section 290(c), which states those offenses for which a person must register. This adds a number offenses that do not currently require suspension of a person’s credential: section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289: Murder with intent to commit rape or other sexual acts; Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289: Kidnapping with intent to commit rape or other sexual acts; Section 236.1(b) and (c): Human trafficking for purposes of prostitution or creating child pornography; Section 266c: Unlawful sexual contact with consent procured via false or fraudulent representation intended to create fear; Section 266h(b): Pimping; Section 269: Aggravated sexual assault of a child; Section 288.3: Contacts minor with the intent to commit specified offenses; Section 288.4: Arrangement of meeting with minor for lewd/lascivious behavior; Section 288.7: Sexual acts with child 10 years or younger; Section 653f(c): Solicitation of another to commit forcible rape, sodomy, or oral copulation;

This bill also adds Penal Code Section 288.2, related to sending sexual text messages to minors, to the list of offenses for which a teacher’s credential must be suspended.

COMMENTS

1. Need for This Bill

According to the author:

Under current law, not all serious sex offenses result in an automatic suspension of credentials by the Commission. This may lead to situations in which a person charged with a sexual offense serious enough to result in registry as a sex offender if convicted, can remain in the classroom until the disposition of his or her case. Even if an employer takes action to suspend the employee, without additional action to suspend his or her credential, the credential holder may be able to move to another employer and re-enter an educational setting. This bill adds penal code sections to the education code in order to update the existing list of offenses that require a mandatory suspension by the CTC.

2. Additional crimes requiring suspension when charged

When a teacher is charged with specified offenses their license is immediately suspended pending the disposition of the case. If the person is convicted his or her license will be revoked. The list of offense for revocation upon conviction does not match the list of offenses that require suspension when a person is charged. This bill conforms the lists so that both include all registerable sex offenses. Without this change, in theory a teacher charged with a sex offense could remain teaching while waiting to be tried on the case

-- END –

SENATE COMMITTEE ON EDUCATION

Senator Benjamin Allen, Chair

2017 - 2018 Regular

Bill No: AB 872 Hearing Date: June 7, 2017

Subject: School employees: employment: sex offenses

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.

SUMMARY

This bill updates the list of sex offenses that require the Commission on Teacher Credentialing (CTC) to suspend a person’s credential by referencing the list of offenses in the California Penal Code that require registration as a sex offender.

BACKGROUND

Existing law:

1. Defines which sex offenses require immediate suspension and revocation of a teaching credential or denial of a credential application by the CTC.
2. Requires the CTC to immediately suspend a credential when the holder has been charged with certain sex or controlled substance offenses and to revoke the credential upon conviction.
3. Requires the CTC to revoke a credential when the holder has been convicted of certain sex offenses or controlled substance offenses and prohibits reinstatement of the credential for certain felony offenses.
4. Establishes the Committee of Credentials for the purpose of reviewing allegations that may be grounds for the denial, suspension, or revocation of a teaching or services credential issued by the CTC.

ANALYSIS

This bill updates the existing list of sex offenses that require the CTC to suspend a person’s credential by adding references to:

1. Penal Code Section 290(c), which lists all of the crimes for which a convicted person must register as a sex offender for the rest of his or her life. By adding this section to the education code, the following sex offenses will result in automatic credential suspension:
   1. Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289: Murder with intent to commit rape or other sexual acts.
   2. Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289: Kidnapping with intent to commit rape or other sexual acts.
   3. Section 236.1(b) and (c): Human trafficking for purposes of prostitution or creating child pornography.
   4. Section 266c: Unlawful sexual contact with consent procured via false or fraudulent representation intended to create fear.
   5. Section 266h(b): Pimping.
   6. Section 269: Aggravated sexual assault of a child.
   7. Section 288.3: Contacts minor with the intent to commit specified offenses.
   8. Section 288.4: Arrangement of meeting with minor for lewd/lascivious behavior.
   9. Section 288.7: Sexual acts with child 10 years or younger.
   10. Section 653f(c): Solicitation of another to commit forcible rape, sodomy, or oral copulation.
2. Penal Code Section 288.2, related to sending sexual text messages to minors.

Although the above-listed offenses constitute mandatory denial or revocation of a teaching credential, current law does not allow for persons convicted of these crimes to have their credentials immediately suspended; this bill would provide that authority.

STAFF COMMENTS

1. Need for the bill. According to the Commission on Teacher Credentialing (CTC), under current law, not all sex offenses result in an automatic suspension of credentials. This may lead to situations in which a person convicted of a sexual offense can remain in the classroom until the disposition of his or her case. Even if an employer takes action to suspend the employee, without action to suspend his or her credential, the credential holder may be able to move to another employer and continue working in a classroom.

This bill adds penal code sections to the education code so they can be added to the existing list of offenses that require a mandatory suspension by the CTC.

1. Mandatory offenses and discretionary review. Criminal offenses requiring revocation of teaching credentials include specific felonies and misdemeanors, violent or serious felonies, sex offenses, and controlled substance offenses. In some cases, such as theft crimes, mandatory revocation is limited to felony thefts. In other cases, such as child endangerment, mandatory revocation is required for both misdemeanors and felonies.

Offenses not requiring teaching credential revocation receive a discretionary review by the Commission on Teacher Credentialing, with action taken by the Committee of Credentials (COC) based on the facts and circumstances of the case. If a formal review is made by the COC, the credential holder may appear and present their case. After the formal review, the COC may issue a decision for disciplinary action, with the credential holder having 30 days to accept the discipline or request a hearing with an independent Administrative Law Judge. After the Judge makes a decision, the COC can accept the decision or its own disciplinary action.

SUPPORT

Association of California School Administrators

California State Sheriff's Association

Commission on Teacher Credentialing (Sponsor)

OPPOSITION

None received

-- END --

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 872

Author:(Chau) – As Introduced Ver:February 16, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill updates and specifies the list of sex offenses that require mandatory suspension of a teaching credential by the Commission on Teacher Credentialing (CTC), such as sending sexual text messages to minors.

FISCAL EFFECT:

No direct fiscal impact.

COMMENTS:

1. Purpose. This bill updates the list of sex offenses that require a mandatory suspension of a teaching credential by adding the list of all sex offenses that require a person to register as a sex offender. The bill also adds to this list a new penal code section that didn't exist previously, sending sexual text message to minors (known as sexting).
2. Background. Several sections of the Education Code currently deal with criminal offenses requiring revocation of teaching credentials. Under current law a conviction of any of the following felonies results in a mandatory revocation of a teaching credential: rape, human trafficking, lewd/lascivious behavior, pimping, kidnapping to commit sexual acts or solicitation for another to commit forcible rape, sodomy or oral copulation.
3. Staff Comments. According to the CTC, under current law, not all sex offenses result in an automatic suspension of credentials by the Commission. Even if an employer takes action to suspend the employee, without action to suspend his or her credential, the credential holder may be able to move to another employer and re-enter an educational setting. This bill adds Penal Code sections to the Education Code. Most notably the bill adds sexting and aggravated sexual assault of a child to the list of mandatory suspension of a teaching credential by the CTC.

Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081

Date of Hearing: March 22, 2017

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 872 (

Author:Chau) – As Introduced Ver:February 16, 2017

SUBJECT: School employees: employment: sex offenses

SUMMARY: Changes the list of sex offenses that require mandatory suspension of a teaching credential by the Commission on Teacher Credentialing (CTC). Specifically, this bill adds reference to Penal Code Section 290(c) and 288.2 to the definition of sex offense in the Education Code and deletes the duplicative code references.

EXISTING LAW:

1. Defines which “sex offenses” require immediate suspension and revocation of a teaching credential or denial of a credential application by the CTC. (Education Code Section 44010)
2. Requires the CTC to immediately suspend a credential when the holder has been charged with certain sex or controlled substance offenses and to revoke the credential upon conviction. (Education Code Section 44425)
3. Requires the CTC to revoke a credential when the holder has been convicted of certain sex offenses or controlled substance offenses and prohibits reinstatement of the credential for certain felony offenses. (Education Code Section 44424)
4. Establishes the Committee of Credentials for the purpose of reviewing allegations that may be grounds for the denial, suspension, revocation of a teaching or services credential issued by the CTC. (Education Code Section 44240)

FISCAL EFFECT: Unknown

COMMENTS: This bill updates the list of sex offenses that require a mandatory suspension of a teaching credential by adding the list of all sex offenses that require a person to register as a sex offender. The bill also adds to this list a new penal code section that didn't exist previously - sending sexual text message to minors (known as sexting).

According to the CTC, under current law, not all sex offenses result in an automatic suspension of credentials by the Commission. This may lead to situations in which a person charged with a sexual offense can remain in the classroom until the disposition of his or her case. Even if an employer takes action to suspend the employee, without action to suspend his or her credential, the credential holder may be able to move to another employer and re-enter an educational setting. This bill adds penal code sections to the education code so they can be added to the existing list of offenses that require a mandatory suspension by the CTC.

Mandatory Offenses and Discretionary Review. Several sections of the Education code currently deal with criminal offenses requiring revocation of teaching credentials. Section 44424 of the Education code lists specific felonies and misdemeanors and violent/serious felonies. Section 44010 of the Education code lists specified sex offenses and Section 44011 lists controlled substance offenses. Under current law a conviction of any of the felonies listed in Section 44424 results in a mandatory revocation. In some cases such as theft crimes, the Legislature has specifically limited the revocation to felony thefts. In others, such as child endangerment, the Legislature has included both misdemeanors and felonies.

Offenses that do not require mandatory revocation of teaching credentials receive a discretionary review by the Commission on Teacher Credentialing and action is taken by the Committee of Credentials (COC) based on the facts and circumstances of the case. After the first review by the COC, the committee may decide to end the review process or move the case forward for a formal review by the committee. At the formal review by the committee, the credential holder may appear and present their case. After the formal review, the committee may issue a decision for disciplinary action for the credential holder and the person has 30 days to accept the discipline or request an Administrative hearing by an independent Administrative Law Judge. After the Judge makes a decision, the Committee of Credentials can either accept that decision or reject the decision and impose the committee's disciplinary action.

Addition of Penal Code Sections. This bill adds the following Penal Code Sections to the Education Code as offenses which require mandatory suspension (and eventual revocation) of a teaching credential:

1. Penal Code Section 290(c) – Offenses which require the offender to register under the Sex Offender Registration Act. By adding Penal Code Section 290(c) to the education code, the following sex offenses will be added:

• Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289: Murder with intent to commit rape or other sexual acts
• Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289: Kidnapping with intent to commit rape or other sexual acts
• Section 236.1(b) and (c): Human trafficking for purposes of prostitution or creating child pornography
• Section 266c: Unlawful sexual contact with consent procured via false or fraudulent representation intended to create fear
• Section 266h(b): Pimping
• Section 269: Aggravated sexual assault of a child
• 288.3: Contacts minor with the intent to commit specified offenses
• 288.4: Arrangement of meeting with minor for lewd/lascivious behavior
• 288.7: Sexual acts with child 10 years or younger
• Section 653f(c): Solicitation of another to commit forcible rape, sodomy, or oral copulation

1. Penal Code Section 288.2 – Harmful matter sent with intent to seduce a minor. This is a relatively new penal code section related to sending sexual messages via text.

Although the above-listed offenses, except Penal Code section 269, constitute mandatory denial or revocation offenses (mandatories) pursuant to Education Code sections 44346.1 and 44424, those who have been charged with these offenses cannot be automatically suspended because these charges are not included in Education Code section 44010.

Committee Amendment: Inconsistencies have been found among the list of sex, drug and violent crime offenses that require a mandatory suspension and revocation of a teaching credential. In order to remedy these inconsistencies, the committee should consider amending the bill to require the Legislature to convene a working group to discuss the penal code sections included on the list of offenses that require mandatory suspension and revocation of a teaching credential.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriff's Association

Opposition

None on file

Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087