SB 1083: Noncertificated public school employees: private school employees: egregious misconduct: statewide data system: Commission on Teacher Credentialing: adverse actions: contracts and background checks for educational services.

(1)Existing law requires school districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the State Department of Education considering an applicant for a noncertificated position, and private schools considering an applicant for any position, to inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as required to be disclosed, as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined, that were used to support a substantiated investigation. Existing law requires those entities, when responding to an inquiry as to whether it has made a report of egregious misconduct to the Commission on Teacher Credentialing, to also provide the inquiring entity with a copy of all relevant information that was reported to the commission within its possession.

This bill would revise and recast those provisions by, among other things, (A) requiring those disclosures to be related to a substantiated report instead of a substantiated investigation, (B) requiring those entities to provide relevant evidence instead of in addition to any information, as specified, (C) limiting the responses to inquiries described above to reports of egregious misconduct submitted to the statewide data system described in paragraph (2) instead of those submitted to the commission, (D) requiring those entities to also provide relevant evidence or information to the commission upon inquiry, and (D) (E) requiring those entities to preserve evidence or information relating to a substantiated report of egregious misconduct, as specified. The bill would establish that a school employee may be subject to dismissal if the employee, while holding a previous position in a local educational agency or private school, was the subject of any credible complaints of, investigations into, or discipline for, egregious misconduct, that was reported to the statewide data system described in paragraph (2) and either the employer failed to disclose that information or the employee did not disclose their previous education employers, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

(2)Existing law requires the commission, on or before July 1, 2027, and contingent upon an appropriation for these purposes in the annual Budget Act or another statute, to develop a statewide data system that includes information relating to investigations of allegations of egregious misconduct of individuals serving in a noncertificated position for a local educational agency, as defined, or in any position for a private school. Existing law requires local educational agency employers and private school employers, following both the start of, and completion of, an investigation of egregious misconduct, to submit notice to the statewide data system, as provided. Existing law requires substantiated reports of egregious misconduct and employee departures from employment during investigations to be recorded in the statewide data system and prohibits the recording in the statewide data system of investigations of egregious misconduct that result in an unfounded or inconclusive report, as provided.

This bill would revise and recast those provisions by, among other things, (A) specifying that the statewide data system to be developed is specific to investigations of egregious misconduct, (B) revising the statewide data systems data fields, as specified, (C) revising the data that is to be submitted by local educational agencies and private schools and the processes for submitting and updating that data, as specified, and (D) specifying the role and responsibilities of the commission, local educational agencies, and private schools regarding the statewide data system by, among other things, (i) requiring the commission to develop a secure interface, as provided, and (ii) requiring local educational agencies and private schools to (I) request access to the statewide data system through the secure interface by May 1, 2027, (II) provide the commission with a designated email address for purposes of receiving notifications from the statewide data system, and (III) preserve all information or evidence related to substantiated reports of egregious misconduct that are notated in the statewide data system. The bill would also explicitly state that these provisions apply to merit districts. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

The bill would, among other things, provide that data contained in the statewide data system is not subject to disclosure under the California Public Records Act and that specified rights under the Information Practices Act of 1977 do not apply to data maintained in the statewide data system that is personal information for purposes of that act.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

This bill would require a local educational agency or private school, upon receiving any credible complaint or other reason to believe that an employee has engaged in egregious misconduct, to conduct an investigation to determine whether the employee committed egregious misconduct. For local educational agencies, the bill would, among other things, (A) specify investigative timeliness, timeliness and (B) require, before commencing the investigation, the local educational agency to provide the employee with written notice, and, within 10 calendar days of the conclusion of the investigation, to serve upon the employee a written notice relating to the findings, as specified, and (C) provide local educational agency noncertificated employees with the right to request a hearing on a substantiated report, as provided. specified. The bill would require each private school to adopt, by July 1, 2027, a written employee investigation policy that includes, at a minimum, a description of the steps to be followed during those investigations, reasonable timelines for commencing and concluding those investigations, and the rights of responsibilities of the employer and employee relating to those investigations. The bill would require local educational agencies and private schools to complete the investigation regardless of whether the employee ends the employment relationship. The bill would explicitly state that these provisions apply to merit districts.

By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.

Existing law requires those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions to review the statewide data system to determine whether an investigation resulted in a substantiated report of egregious misconduct before hiring an individual for an applicable position.

This bill would, among other things, require the statewide data system to be accessible only to commission employees for specified purposes and employees of local educational agencies and private schools that are responsible for employment, employee investigations, or hiring decisions, and would require all of those employees to keep information contained in the statewide data system confidential, as provided.

(3)Existing law requires the commission to appoint a Committee of Credentials and requires allegations of acts or omissions for which adverse action may be taken against applicants or holders of teaching or services credentials to be presented to the committee. Existing law authorizes the committee to commence an initial review upon the receipt of any of a list of specified documents or information, including the receipt of a record of a substantiated report, and a record of a start of an investigation followed by a change in employment status during an investigation, entered into the statewide data system. Existing law authorizes the committee to commence a formal review, as specified, upon receipt of specified documents or information.

This bill would, among other things, (A) additionally authorize the committee to commence a formal review upon the receipt of an entry in the statewide data system of a substantiated report or a record of a start of an investigation followed by a change in employment status during the investigation entered into the statewide data system, (B) authorize the commission to make inquiries and requests for production of information and records from local educational agencies and private schools for purposes of investigating substantiated reports of egregious misconduct submitted to the statewide data system, and (C) require an entry of a substantiated report of egregious misconduct that does not involve sexual misconduct with a minor or recurring conduct resulting in a pattern of misconduct to be presented to the Committee of Credentials for initial review within 4 years.

Existing law authorizes the commission, for purposes of ascertaining the moral character and true identity of the holder of a credential or an applicant for a credential or the renewal of a credential after jurisdiction to commence an initial review has been established, to require the production of information, records, reports, and other data from any public agency, as provided.

This bill would authorize the commission to also require the production of information, records, reports, and other data for those purposes from private schools.

(4)Existing law authorizes the department to require employees, prospective employees, volunteers, contractors, and subcontractors for the department and the state special schools and diagnostic centers operated by the department to undergo a fingerprint-based state and national criminal history background check, as specified.

This bill would instead require the department to require those background checks, as specified, and would also include the departments agents in those requirements.

Existing law requires any entity that has a contract with a local educational agency, as defined, to ensure that any employee who interacts with pupils, outside of the immediate supervision and control of the pupils parent or guardian or a school employee, has a valid criminal records summary, except as provided. summary. Existing law exempts entities from this requirement in an emergency or exceptional situation. If a pupil participates in services provided by a contractor as part of an independent study program, and the pupil is under the immediate supervision and control of the pupils parent or guardian, existing law requires the local educational agency to either verify completion of a valid criminal records summary for all employees or ensure that the parent or guardian has signed a consent form.

This bill would separately require, on or before July 1, 2027, each governing board or body of a local educational agency, as defined, each private school, and the department for purposes of state special schools and diagnostic centers operated by the department, when entering into an a contract with any entity for specified services, except as provided, services to pupils to (A) ensure that the contract terms and conditions include, among other things, (A) a requirement that the entity provide evidence that all of the entitys employees, agents, subcontractors, or any employee of a subcontractor, providing those services undergo a fingerprint-based state and national criminal history background check, as specified, and (B) the above-described requirements concerning background checks or, for private schools, other specified requirements concerning background checks and (B) enforce those terms. The bill would also require, on or before July 1, 2027, each governing board or body of a local educational agency, the department for purposes of state special schools and diagnostic centers operated by the department, and private schools, when entering into a contract with any entity for specified services to pupils to ensure that the contract terms and conditions include, among other things, (A) a requirement that as part of qualifying to be a contractor or subcontractor for a local educational agency or agency, the department, or a private school, the entity has disclosed disclose any complaints about, or discipline of, the entitys employees, agents, subcontractors, or any employee of a subcontractor who will be providing the services, as provided. The bill would, among other things, require provided, and (B) a requirement on the local educational agencies and the department to agency, the department, or the private school to check the names and pertinent identifying information provided by a contracting entity against either the statewide data system, system or pursuant to alternate procedures, as specified, and, if specified. If any credible complaint of egregious misconduct by any contractor or subcontractor, or employee or agent of any contractor or subcontractor, performing services for the local educational agency or the department agency, the department, or the private school is made or received, the bill would require the local educational agency or the department agency, the department, or the private school to make specified notifications.

(5)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.