AB 1627: Public employment: disqualifications.

Existing law contains numerous provisions governing the qualifications, standards, and training of peace officers. Existing law specifies circumstances that disqualify a person from holding office or being employed as a peace officer, including, among other things, having been convicted of a felony.

This bill would disqualify a person from being a peace officer if they were employed by United States Immigration and Customs Enforcement between September 1, 2025, and January 20, 2029, or the Alabama Department of Corrections or the Georgia Department of Corrections between January 1, 2020, and January 1, 2026.

Existing law requires the Department of Corrections and Rehabilitation to complete a background investigation, using as guidelines the standards defined by the Commission on Peace Officer Standards and Training, of any applicant for employment as a peace officer before the applicant may be employed or begin training as a peace officer.

This bill would require the background investigation completed by the Department of Corrections and Rehabilitation to also include an investigation of prior employment with United States Immigration and Customs Enforcement, the Alabama Department of Corrections, or the Georgia Department of Corrections.

The California Constitution establishes minimum qualifications for holding various public offices. Existing law provides that a person is eligible to hold an elective civil office if the person is 18 years of age and a citizen of the state. Existing law provides that a person, regardless of citizenship or immigration status, is eligible to hold an appointed civil office if the person is 18 years of age and a resident of the state.

The California Constitution authorizes a superintendent of schools to be elected by each county at each gubernatorial election or appointed by a county board of education, and directs the Legislature to prescribe the qualifications required of a county superintendent of schools.

The California Constitution provides that the University of California is a public trust, with the full powers of organization and government, and subject only to such legislative control as may be necessary to insure the security of its funds, and compliance with the terms of its endowments and competitive bidding procedures, as specified. The University of California is administered by the Board of Regents of the University of California comprised of 7 ex officio members, and 18 members appointed by the Governor and approved by the Senate, as specified.

Existing law establishes the California State University, which is administered by the Board of Trustees of the California State University. Existing law provides for the membership of the board to include 5 specified ex officio members, 16 members appointed by the Governor and subject to confirmation by the Senate, one representative of the alumni associations, 2 student members appointed by the Governor, and a faculty member appointed by the Governor, as specified.

Existing law contains numerous provisions regulating primary and postsecondary teachers and administrators and the governance of school districts, charter schools, county offices of education, community colleges, the California State University, and the University of California. Existing law specifies grounds when the Commission on Teacher Credentialing is required to deny an application for a teaching credential, including, among other things, a conviction of specified offenses or a requirement to register as a sex offender, as specified.

This bill would prohibit a person from being employed as a teacher, principal, superintendent, chancellor, or other administrator by any school district, charter school, county office of education, or community college district, or by the University of California, or by the California State University, if they were employed by United States Immigration and Customs Enforcement between September 1, 2025, and January 20, 2029, or the Alabama Department of Corrections or the Georgia Department of Corrections between January 1, 2020, and January 1, 2026.

Existing law establishes the State Department of Education, under the administration of the State Board of Education and the Superintendent of Public Instruction, and assigns to it numerous duties relating to the governance of the public elementary and secondary schools of this state. Existing law authorizes specified government entities, including the State Department of Education, the Commission on Teacher Credentialing, the California State University, and the University of California, to require employees, prospective employees, volunteers, contractors, and subcontractors to undergo a fingerprint-based state and national criminal history background check, as specified.

This bill would require the Department of Education to perform a background investigation, including an inquiry into previous employment with United States Immigration and Customs Enforcement, the Alabama Department of Corrections, or the Georgia Department of Corrections, of any applicant for employment as a teacher, principal, superintendent, chancellor, or other administrator before the applicant may be employed, as specified, by any school district, charter school, county office of education, or community college district, or by the University of California, or by the California State University.

The bill would make the provisions of the act severable.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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.