Local educational agencies: confidentiality agreements: child predators.

Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law prohibits a person who has been convicted of a violent or serious felony from being hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. Existing law also prohibits a school district from employing or retaining in employment a person who has been convicted, or who has been convicted following a plea of nolo contendere, of any sex offense, as defined. This bill would, on or after January 1, 2021, prohibit local educational agencies, and officers and employees of local educational agencies, from entering into, or extending or renewing, confidentiality agreements, as defined, with child predators. The bill would also prohibit those officers and employees from favorably recommending, or otherwise facilitating or promoting, the employment of a child predator by another local educational agency. The bill would define child predators for its purposes as persons who have been convicted of child abuse or neglect, as described, convicted of a sex offense, as defined, perpetrated upon a person under 18 years of age at the time of the offense, or suspended or terminated from employment by the local educational agency because the agency has determined that the person's behavior was inappropriate in its effect on a pupil or pupils. The bill would provide that an officer or employee of a local educational agency who knowingly or negligently fails to comply with provisions of the bill would be liable for damages determined by a court of competent jurisdiction to have been proximately caused by that knowing or negligent failure to comply. The bill would also authorize the court to award appropriate attorney's fees to a prevailing party in the action.