AB 949: School employees: contracts: sole proprietors: criminal background checks.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-07-21
Existing law requires an employee of an entity that has a contract with a school district to provide janitorial, administrative, grounds and landscape maintenance, transportation, and food services for the school, if that employee may have contact with pupils, to submit or have submitted his or her fingerprints to the Department of Justice, which is required to ascertain whether that individual has been arrested or convicted of a crime and to notify the employer designated by the individual of that fact. Existing law also authorizes a school district, on a case-by-case basis as specified, to require an entity providing schoolsite services other than those listed above to submit or have submitted its employees fingerprints. The Department of Justice is authorized to forward a copy of the fingerprints to the Federal Bureau of Investigation to verify the record of previous arrests or convictions of the applicant. The Department of Justice is required to review the criminal record summary it obtains from the Federal Bureau of Investigation and notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, if committed in California, would have been punishable as a violent or serious felony and is required to provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes.
This bill would provide that an individual operating as a sole proprietor of an entity that has a contract with a school district, as specified, is considered to be an employee of the entity for purposes of the criminal background check requirements described above. The bill would also require a school district to prepare and submit that employees fingerprints to the Department of Justice. Because this bill would create a new duty for school districts, it 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 requires an employee of an entity that has a contract with a school district to provide janitorial, administrative, grounds and landscape maintenance, transportation, and food services for the school, if that employee may have contact with pupils, to submit or have submitted his or her fingerprints to the Department of Justice, which is required to ascertain whether that individual has been arrested or convicted of a crime and to notify the employer designated by the individual of that fact. Existing law also authorizes a school district, on a case-by-case basis as specified, to require an entity providing schoolsite services other than those listed above to submit or have submitted its employees fingerprints. The Department of Justice is authorized to forward a copy of the fingerprints to the Federal Bureau of Investigation to verify the record of previous arrests or convictions of the applicant. The Department of Justice is required to review the criminal record summary it obtains from the Federal Bureau of Investigation and notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, if committed in California, would have been punishable as a violent or serious felony and is required to provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes.
This bill would provide that an individual operating as a sole proprietor of an entity that has a contract with a school district, as specified, is considered to be an employee of the entity for purposes of the criminal background check requirements described above. The bill would also require a school district to prepare and submit that employees fingerprints to the Department of Justice. Because this bill would create a new duty for school districts, it 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 requires an employee of an entity that has a contract with a school district to provide janitorial, administrative, grounds and landscape maintenance, transportation, and food services for the school, if that employee may have contact with pupils, to submit or have submitted his or her fingerprints to the Department of Justice, which is required to ascertain whether that individual has been arrested or convicted of a crime and to notify the employer designated by the individual of that fact. Existing law also authorizes a school district, on a case-by-case basis as specified, to require an entity providing schoolsite services other than those listed above to submit or have submitted its employees fingerprints. The Department of Justice is authorized to forward a copy of the fingerprints to the Federal Bureau of Investigation to verify the record of previous arrests or convictions of the applicant. The Department of Justice is required to review the criminal record summary it obtains from the Federal Bureau of Investigation and notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, if committed in California, would have been punishable as a violent or serious felony and is required to provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes.
This bill would provide that an individual operating as a sole proprietor of an entity that has a contract with a school district, as specified, is considered to be an employee of the entity for purposes of the criminal background check requirements described above. The bill would also require a school district to prepare and submit that employees fingerprints to the Department of Justice. Because this bill would create a new duty for school districts, it 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.
(a)Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a school district, as defined in Section 41302.5, to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application:
(1)School and classroom janitorial.
(2)Schoolsite administrative.
(3)Schoolsite grounds and landscape maintenance.
(4)Pupil transportation.
(5)Schoolsite food-related.
(b)This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable.
(c)This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district when the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district has made this determination, the school district shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees.
(d)A school district may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 45125.2 and the entitys employees to comply with the requirements of this section, unless the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district makes this determination, the school district shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a school district requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision (e).
(e)(1)The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a) or (d) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a) or (d) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the Department of Justice shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or electronic mail to the employer.
(2)The Department of Justice, at its discretion, may notify the school district in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1.
(3)The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses that, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication.
(f)An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1.
(1)This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee 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.
(2)This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee 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 schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(g)An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the school district that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Section 45122.1.
(h)An entity having a contract as specified in subdivision (a) on the effective date of this section and an entity required to comply with this section pursuant to subdivision (d) by a school district with which it has a contract on the effective date of the amendments made to this section during the 199798 Regular Session shall complete the requirements of this section within 90 days of that date.
(i)For purposes of this section, a charter school shall be deemed to be a school district.
(j)Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section.
(k)(1)For purposes of this section, an individual operating as a sole proprietor of an entity that has a contract with a school district, as specified in subdivision (a), or an entity required to comply with this section pursuant to subdivision (d), shall be considered an employee of that entity.
(2)To protect the safety of any pupil that may come into contact with an employee of an entity that is a sole proprietorship and has a contract as specified in subdivision (a), or is required to comply with this section pursuant to subdivision (d), a school district shall prepare and submit the employees fingerprints to the Department of Justice, as described in subdivision (a).
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.
(a)Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a school district, as defined in Section 41302.5, to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application:
(1)School and classroom janitorial.
(2)Schoolsite administrative.
(3)Schoolsite grounds and landscape maintenance.
(4)Pupil transportation.
(5)Schoolsite food-related.
(b)This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable.
(c)This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district when the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district has made this determination, the school district shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees.
(d)A school district may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 45125.2 and the entitys employees to comply with the requirements of this section, unless the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district makes this determination, the school district shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a school district requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision (e).
(e)(1)The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a) or (d) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the Department of Justice. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the Department of Justice shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a) or (d) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the Department of Justice shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or electronic mail to the employer.
(2)The Department of Justice, at its discretion, may notify the school district in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1.
(3)The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses that, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication.
(f)An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1.
(1)This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee 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.
(2)This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee 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 schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(g)An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the school district that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Section 45122.1.
(h)An entity having a contract as specified in subdivision (a) on the effective date of this section and an entity required to comply with this section pursuant to subdivision (d) by a school district with which it has a contract on the effective date of the amendments made to this section during the 199798 Regular Session shall complete the requirements of this section within 90 days of that date.
(i)For purposes of this section, a charter school shall be deemed to be a school district.
(j)Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section.
(k)(1)For purposes of this section, an individual operating as a sole proprietor of an entity that has a contract with a school district, as specified in subdivision (a), or an entity required to comply with this section pursuant to subdivision (d), shall be considered an employee of that entity.
(2)To protect the safety of any pupil that may come into contact with an employee of an entity that is a sole proprietorship and has a contract as specified in subdivision (a), or is required to comply with this section pursuant to subdivision (d), a school district shall prepare and submit the employees fingerprints to the Department of Justice, as described in subdivision (a).
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.
(a)Except as provided in subdivisions (b) and (c), if the employees of any entity that has a contract with a school district, as defined in Section 41302.5, to provide any of the following services may have any contact with pupils, those employees shall submit or have submitted their fingerprints in a manner authorized by the Department of Justice together with a fee determined by the Department of Justice to be sufficient to reimburse the department for its costs incurred in processing the application:
(1)School and classroom janitorial.
(2)Schoolsite administrative.
(3)Schoolsite grounds and landscape maintenance.
(4)Pupil transportation.
(5)Schoolsite food-related.
(b)This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district in an emergency or exceptional situation, such as when pupil health or safety is endangered or when repairs are needed to make school facilities safe and habitable.
(c)This section shall not apply to an entity providing any of the services listed in subdivision (a) to a school district when the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee has limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district has made this determination, the school district shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees.
(d)A school district may determine, on a case-by-case basis, to require an entity providing schoolsite services other than those listed in subdivision (a) or those described in Section 45125.2 and the entitys employees to comply with the requirements of this section, unless the school district determines that the employees of the entity will have limited contact with pupils. In determining whether a contract employee will have limited contact with pupils, the school district shall consider the totality of the circumstances, including factors such as the length of time the contractors will be on school grounds, whether pupils will be in proximity with the site where the contractors will be working, and whether the contractors will be working by themselves or with others. If a school district makes this determination, the school district shall take appropriate steps to protect the safety of any pupils that may come in contact with these employees. If a school district requires an entity providing services other than those listed in subdivision (a) and its employees to comply with the requirements of this section, the Department of Justice shall comply with subdivision. subdivision (e).
(e)(1)The Department of Justice shall ascertain whether the individual whose fingerprints were submitted to it pursuant to subdivision (a) or (d) has been arrested or convicted of any crime insofar as that fact can be ascertained from information available to the department. Department of Justice. Upon implementation of an electronic fingerprinting system with terminals located statewide and managed by the Department of Justice, the department Department of Justice shall ascertain the information required pursuant to this section within three working days. When the Department of Justice ascertains that an individual whose fingerprints were submitted to it pursuant to subdivision (a) or (d) has a pending criminal proceeding for a felony as defined in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1, the department Department of Justice shall notify the employer designated by the individual of that fact. The notification shall be delivered by telephone or electronic mail to the employer.
(2)The Department of Justice, at its discretion, may notify the school district in instances when the employee is defined as having a pending criminal proceeding described in Section 45122.1 or has been convicted of a felony as defined in Section 45122.1.
(3)The Department of Justice may forward one copy of the fingerprints to the Federal Bureau of Investigation to verify any record of previous arrests or convictions of the applicant. The Department of Justice shall review the criminal record summary it obtains from the Federal Bureau of Investigation and shall notify the employer only as to whether or not an applicant has any convictions or arrests pending adjudication for offenses which, that, if committed in California, would have been punishable as a violent or serious felony. The Department of Justice shall not provide any specific offense information received from the Federal Bureau of Investigation. The Department of Justice shall provide written notification to the contract employer only concerning whether an applicant for employment has any conviction or arrest pending final adjudication for any of those crimes, as specified in Section 45122.1, but shall not provide any information identifying any offense for which an existing employee was convicted or has an arrest pending final adjudication.
(f)An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall not permit an employee to come in contact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Section 45122.1.
(1)This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a felony if the employee 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.
(2)This prohibition does not apply to an employee solely on the basis that the employee has been convicted of a serious felony that is not also a violent felony if that employee 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 schoolsite employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(g)An entity having a contract as specified in subdivision (a) and an entity required to comply with this section pursuant to subdivision (d) shall certify in writing to the school district that neither the employer nor any of its employees who are required by this section to submit or have their fingerprints submitted to the Department of Justice and who may come in contact with pupils have been convicted of a felony as defined in Section 45122.1.
(h)An entity having a contract as specified in subdivision (a) on the effective date of this section and an entity required to comply with this section pursuant to subdivision (d) by a school district with which it has a contract on the effective date of the amendments made to this section during the 199798 Regular Session shall complete the requirements of this section within 90 days of that date.
(i)For purposes of this section, a charter school shall be deemed to be a school district.
(j)Where reasonable access to the statewide electronic fingerprinting network is available, the Department of Justice may mandate electronic submission of the fingerprint cards and other information required by this section.
(k)(1)For purposes of this section, an individual operating as a sole proprietor of an entity that has a contract with a school district, as specified in subdivision (a), or an entity required to comply with this section pursuant to subdivision (d), shall be considered an employee of that entity.
(2)To protect the safety of any pupil that may come into contact with an employee of an entity that is a sole proprietorship and has a contract as specified in subdivision (a), or is required to comply with this section pursuant to subdivision (d), a school district shall prepare and submit the employees fingerprints to the Department of Justice, as described in subdivision (a).
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.
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Date
|
Status
|
|---|---|
| Jul 21, 2017 | Chaptered by Secretary of State - Chapter 84, Statutes of 2017. |
| Jul 21, 2017 | Approved by the Governor. |
| Jul 10, 2017 | Enrolled and presented to the Governor at 3:40 p.m. |
| Jul 3, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul 3, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Jun 27, 2017 | Read second time. Ordered to Consent Calendar. |
| Jun 26, 2017 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jun 7, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 7). Re-referred to Com. on APPR. |
| May 10, 2017 | Referred to Com. on ED. |
| Apr 20, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 20, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1145.) |
| Apr 6, 2017 | Read second time. Ordered to Consent Calendar. |
| Apr 5, 2017 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (April 5). |
| Mar 23, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 22). Re-referred to Com. on APPR. |
| Mar 2, 2017 | Referred to Com. on ED. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Jul 3, 2017 | Consent Calendar 2nd AB949 | Senate Floor |
Passed |
|
| Jun 7, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Education |
Passed |
|
| Apr 20, 2017 | Favorable (Energy & Utilities Subcommittee) | Assembly Floor |
Passed |
|
| Apr 5, 2017 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 22, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
|
Date
|
|---|---|---|
| American Federation of State, County, and Municipal Employees | ** Support | Jun 27, 2017 |
| California School Employees Association | ** Support | Jun 27, 2017 |
| Los Angeles Unified School District | ** Support | Jun 27, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 949
:
SENATE EDUCATION COMMITTEE: 7-0, 6/7/17
AYES: Allen, Wilk, Galgiani, Leyva, Mendoza, Pan, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 74-0, 4/20/17 (Consent) - See last page for vote
SOURCE: Los Angeles Unified School District
DIGEST:
This bill requires school districts contracting with a sole proprietor for specified services to prepare and submit the fingerprints of the individual to the Department of Justice (DOJ).
Existing law:
- Requires all schools to conduct criminal background checks before employing individuals in non-certificated positions and before contracting with an entity for employees that may interact with pupils.
- Requires any agency that receives criminal history information from DOJ to designate at least one custodian of records, confirmed by a state and federal level criminal background check.
- Specifies that any person who, knowing he or she is not authorized by law to receive criminal history information, knowingly receives or possesses the record or information is guilty of a misdemeanor.
- Authorizes a school district or county office of education to request from DOJ any records involving criminal offenses committed by a prospective volunteer and arrest notification services.
- Prohibits school districts from employing persons convicted of a violent or serious felony, a specified sex offense, or a specified drug offense, unless the conviction is reversed, the person is acquitted, or the charges are dismissed.
This bill:
- States that an individual operating as a sole proprietor of an entity that has a specified type of contract with a school district is considered an employee of that entity.
- Requires a school district, to protect the safety of any pupil that may come into contact with an employee of an entity that is a sole proprietorship, to prepare and submit the sole proprietor’s fingerprints to the DOJ and for the DOJ to ascertain if the individual has been arrested or convicted of any crime.
Comments
- Need for the bill. According to the author, “As of 2011, state law required all agencies that receive criminal history information from the DOJ to designate at least one ‘Custodian of Records’ duly processed and approved by the DOJ, to be responsible for the security, storage, dissemination, and destruction of criminal record information. Accordingly, each school must have a DOJ-confirmed Custodian of Records who is authorized to receive the criminal history information for all prospective employees.
“Sole proprietors are essentially self-employed and therefore do not meet the definition of an employee of the school nor an employee of any vendor entity that can use its DOJ-confirmed Custodian of Records to conduct the clearance. This is a critical measure designed to ensure school safety and security by extending the criminal background check requirement to sole proprietors.”
This bill requires additional background checks on individuals working on school campuses to protect the safety of all pupils and staff.
- Background checks and sole proprietors. While school districts are required to obtain fingerprints and perform background checks on individuals that may interact with pupils, existing law does not contemplate individuals that are neither potential school district employees nor employees of an entity authorized to conduct background checks (e.g. sole proprietors). School districts that currently conduct background checks on sole proprietors in the safety interest of their faculty and students do not have explicit authority to do so because the individual being checked is not considered a school district employee. These school districts could technically be charged with a misdemeanor, however, DOJ does not pursue such charges because of the known gap in current law.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Los Angeles Unified School District (source)
American Federation of State, County, and Municipal Employees
California School Employees Association
OPPOSITION: (Verified 6/26/17)
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
6/27/17 16:32:00
SENATE COMMITTEE ON EDUCATION
Senator Benjamin Allen, Chair
2017 - 2018 Regular
Bill No: AB 949 Hearing Date: June 7, 2017
Author: | |||
Version: | February 16, 2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Ian Johnson | ||
Subject: School employees: contracts: sole proprietors: criminal background checks
SUMMARY
This bill requires school districts contracting with a sole proprietor for specified services to prepare and submit the fingerprints of the individual to the Department of Justice (DOJ).
BACKGROUND
Existing law:
- Requires all schools to conduct criminal background checks before employing individuals in non-certificated positions and before contracting with an entity for employees that may interact with pupils.
- Requires any agency that receives criminal history information from DOJ to designate at least one custodian of records, confirmed by a state and federal level criminal background check.
- Specifies that any person who, knowing he or she is not authorized by law to receive criminal history information, knowingly receives or possesses the record or information is guilty of a misdemeanor.
- Authorizes a school district or county office of education to request from DOJ any records involving criminal offenses committed by a prospective volunteer and arrest notification services.
- Prohibits school districts from employing persons convicted of a violent or serious felony, a specified sex offense, or a specified drug offense, unless the conviction is reversed, the person is acquitted, or the charges are dismissed.
ANALYSIS
This bill:
- States that an individual operating as a sole proprietor of an entity that has a specified type of contract with a school district is considered an employee of that entity.
- Requires a school district, to protect the safety of any pupil that may come into contact with an employee of an entity that is a sole proprietorship, to prepare and submit the sole proprietor’s fingerprints to the Department of Justice (DOJ) and for the DOJ to ascertain if the individual has been arrested or convicted of any crime.
STAFF COMMENTS
- Need for the bill. According to the author, “As of 2011, state law required all agencies that receive criminal history information from the DOJ to designate at least one “Custodian of Records” duly processed and approved by the DOJ, to be responsible for the security, storage, dissemination, and destruction of criminal record information. Accordingly, each school must have a DOJ-confirmed Custodian of Records who is authorized to receive the criminal history information for all prospective employees.
Sole proprietors are essentially self-employed and therefore do not meet the definition of an employee of the school nor an employee of any vendor entity that can use its DOJ-confirmed Custodian of Records to conduct the clearance. This is a critical measure designed to ensure school safety and security by extending the criminal background check requirement to sole proprietors.”
This bill requires additional background checks on individuals working on school campuses to protect the safety of all pupils and staff.
- Background checks and sole proprietors. While school districts are required to obtain fingerprints and perform background checks on individuals that may interact with pupils, existing law does not contemplate individuals that are neither potential school district employees nor employees of an entity authorized to conduct background checks (e.g. sole proprietors). School districts that currently conduct background checks on sole proprietors in the safety interest of their faculty and students do not have explicit authority to do so because the individual being checked is not considered a school district employee. These school districts could technically be charged with a misdemeanor, however, DOJ does not pursue such charges because of the known gap in current law.
- Arguments in support. The Legislature has repeatedly established high “fitness” standards for individuals who work near and around vulnerable populations, including children. Several sections of existing education law prohibit individuals convicted of certain crimes from being employed by school districts. Supporters of this measure state that all school employees must undergo rigorous background checks to ensure that students and staff are protected and that individuals convicted of serious crimes are not allowed on campus. Students, parents, and employees are entitled to know that anyone working on a public school campus has been properly vetted.
SUPPORT
Los Angeles Unified School District (Sponsor)
American Federation of State, County, and Municipal Employees
California School Employees Association
OPPOSITION
None received.
-- END --
Date of Hearing: April 5, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 949
Author:(Gipson) – As Introduced Ver:February 16, 2017
Policy Committee: | Education | Vote: | 7 - 0 |
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires sole proprietors that have specified types of contracts with school districts to be subject to criminal background checks. Specifically, this bill:
- States that an individual operating as a sole proprietor of an entity that has a specified type of contract with a school district is considered an employee of that entity.
- Requires a school district to prepare and submit the sole proprietor’s fingerprints to the Department of Justice (DOJ) and for the DOJ to ascertain if the individual has been arrested or convicted of any crime.
FISCAL EFFECT:
Minor and absorbable Prop 98/GF costs. School districts are currently required to conduct background checks on all employees who will be in contact with pupils; therefore, they already have a custodian of records.
COMMENTS:
- Purpose. “As of 2011, state law required all agencies that receive criminal history information from the California Department of Justice (DOJ) to designate at least one ‘Custodian of Records’ duly processed and approved by the DOJ, to be responsible for the security, storage, dissemination, and destruction of criminal record information. Accordingly, each school must have a DOJ-confirmed Custodian of Records who is authorized to receive the criminal history information for all prospective employees…Sole proprietors are essentially self-employed and therefore do not meet the definition of an employee of the school nor an employee of any vendor entity that can use its DOJ-confirmed Custodian of Records to conduct the clearance. This is a critical measure designed to ensure school safety and security by extending the criminal background check requirement to sole proprietors.”
- Background. Existing law requires that any entity that has a contract with a school district, and whose employees will have contact with pupils, must have the employee's fingerprints submitted to DOJ for purposes of conducting a criminal background check. Furthermore, current law requires any public or private agency that receives criminal history information from the DOJ to designate at least one custodian of records. That individual must be confirmed by DOJ following a state and federal level criminal record background check. The confirmation is revoked if the individual is convicted of a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicant’s ability to perform the duties or responsibilities of a custodian of record.
- Staff comments. DOJ is required to maintain criminal history information, which includes the master record of information compiled by the Attorney General pertaining to the identification and criminal history of any person. DOJ provides an automated service for criminal history background checks that may be required as a condition of employment. This information may only be provided to a person who has been confirmed as the agency’s custodian of record. Under existing law, a sole proprietor is unable to process a background check on themselves, clear themselves, and report to the school district that their record is clean. DOJ confirms that allowing school districts to be the custodian of record will adequately address this deficiency.
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 949 (
Author:Gipson) – As Introduced Ver:February 16, 2017
SUBJECT: School employees: contracts: sole proprietors: criminal background checks
SUMMARY: Requires sole proprietors that have specified types of contracts with school districts to be subject to criminal background checks. Specifically, this bill:
- States that an individual operating as a sole proprietor of an entity that has a specified type of contract with a school district is considered an employee of that entity.
- Requires a school district to prepare and submit the sole proprietor’s fingerprints to the Department of Justice (DOJ) and for the DOJ to ascertain if the individual has been arrested or convicted of any crime.
EXISTING LAW:
- Existing law requires that if the employees of any entity that has a contract with a school district may have contact with pupils, those employees’ fingerprints must be submitted to DOJ for purposes of conducting a criminal background check. This provision applies to entities providing the following or other services, unless, on a case by case basis, the school district determines the employees of the entity will have limited contact with pupils:
- school and classroom janitorial
- schoolsite administrative
- schoolsite grounds and landscape maintenance
- pupil transportation
- schoolsite food-related.
- Current law requires any public or private agency that receives criminal history information from the DOJ to designate at least one custodian of records. That individual must be confirmed by DOJ following a state and federal level criminal record background check. The confirmation is revoked if the individual is convicted of a felony offense, or any other offense that involves moral turpitude, dishonesty, or fraud, or that impacts the applicant’s ability to perform the duties or responsibilities of a custodian of record (Penal Code 11102.2).
- Any person who, knowing he or she is not authorized by law to receive criminal history information, knowingly receives or possesses the record or information is guilty of a misdemeanor (Penal Code 11143).
- Existing law prohibits public and private schools from employing individuals in non-certificated positions without first conducting a criminal background check of the individual. Existing law also requires that employees of entities that provide certain contracted services to school districts, who may come into contact with pupils, to be fingerprinted and prohibits employees of those entities from coming into contact with pupils if they have been convicted of a serious or violent felony (EC 45125 and 45125.1).
- Under existing law, sex offender registrants whose sex crime was against a victim under age 16 are prohibited by law from working, as an employee or volunteer, with minors, if the registrant would be working with minors directly and in an unaccompanied setting on more than an incidental or occasional basis or would have supervisory or disciplinary power over the child. If the registrant’s crime was not against a victim under age 16, the registrant must notify the employer or volunteer organization of his status as a registrant. Failure to comply with this law is a misdemeanor offense (Penal Code 290.95).
- Current law specifies when a school district or county office of education (COE) requests from the Department of Justice (DOJ), records involving criminal offenses committed by a prospective volunteer, the school district or COE may request that the DOJ provide subsequent arrest notification service and specifies that the DOJ shall comply with that request (EC 35021.2).
- Existing law prohibits the governing board of a school district from employing or retaining in employment the following persons:
- persons who have been convicted of a violent or serious felony unless the person has obtained a certificate of rehabilitation and pardon. (EC 45122.1)
- persons who have been convicted of specified sex offenses unless the conviction was reversed, the person was acquitted, or the conviction was dismissed pursuant to Section 1203.4 of the Penal Code. (EC 44836)
- persons who have been convicted of specified drug offenses unless the conviction is reversed, the person is acquitted, or the charges are dismissed. (EC 44836)
FISCAL EFFECT: The Office of Legislative Counsel has keyed this bill as a state-mandated local program.
COMMENTS:
Need for the bill: The bill authorizes school districts to conduct background checks on sole proprietorship vendors providing specified services to school districts, in order to protect the safety of pupils and staff on school campuses. According to the author,
“As of 2011, state law required all agencies that receive criminal history information from the California Department of Justice (DOJ) to designate at least one “Custodian of Records” duly processed and approved by the DOJ, to be responsible for the security, storage, dissemination, and destruction of criminal record information. Accordingly, each school must have a DOJ-confirmed Custodian of Records who is authorized to receive the criminal history information for all prospective employees.
Sole proprietors are essentially self-employed and therefore do not meet the definition of an employee of the school nor an employee of any vendor entity that can use its DOJ-confirmed Custodian of Records to conduct the clearance. This is a critical measure designed to ensure school safety and security by extending the criminal background check requirement to sole proprietors.”
DOJ staff notes that they provided technical support to the author and have confirmed that this proposed solution would adequately address this deficiency.
DOJ background checks. DOJ is required to maintain criminal history information, which includes the master record of information compiled by the Attorney General pertaining to the identification and criminal history of any person. DOJ provides an automated service for criminal history background checks that may be required as a condition of employment, licensing, certification, foreign adoptions, or visa or immigration clearances. This information may only be provided to a person who has been confirmed as the agency’s custodian of record.
Arguments in support. Supporters note that current law provides clear guidance and instruction for school districts on how background checks are to be conducted. However, the law is silent when an individual is neither a potential school district employee nor an employee of an entity that is authorized to conduct background checks. The laws do not contemplate a school district contracting services with a sole proprietor, who clearly cannot conduct a background clearance on themselves. While school districts have in the past ensured the safety of their students, teachers, and parents by conducting background checks on sole proprietors, they do so knowing that to be in possession of these reports is a misdemeanor pursuant to Penal Code 1143. This bill seeks to clarify the law and ensure school districts have the authority to conduct background checks on all individuals who may come into contact with students, including sole proprietors.
Supporters state that all school employees must undergo rigorous background checks to ensure that students and staff are protected and that individuals convicted of serious offences are not allowed on campus. Students, parents and employees are entitled to know that anyone working on a public school campus has been properly vetted.
Prior legislation. AB 13 (Lowenthal) of the 2011-12 Session would have authorized a school district, county office of education, or charter school to request a local law enforcement agency to conduct a criminal records check of a prospective nonteaching volunteer; prohibited persons who have been convicted of certain violent or serious felonies, specified sex offenses, or felony controlled substances offenses from serving as a nonteaching volunteer, as specified; and required charter schools to comply with existing fingerprint laws. The bill was held in Senate Education.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles Unified School District (Sponsor)
American Federation of State, County and Municipal Employees
California School Employees Association
Opposition
None on file
Analysis Prepared by: Debbie Look / ED. / (916) 319-2087
Bill Author
Bill Co-Author(s):