Pupil safety: local educational agency contractors: background checks.

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 pupil's parent or guardian or a school employee, has a valid criminal records summary, as provided. This bill would exempt an employee of any entity that has a contract with a local educational agency, and that offers work experience opportunities for pupils or workplace placements as part of a pupil's individualized education program, from the requirement to have a valid criminal records summary if certain requirements are met, including that at least one adult employee in the workplace during the pupil's work hours, who has direct contact with the pupil and has been designated by the employer as the employee of record who is responsible for the safety of the pupil, has a valid criminal records summary and that the pupil's parent or guardian has signed a consent form regarding the pupil's work placement. 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 a parent or guardian during the provision of those services, the bill would require a local educational agency to either verify completion of a valid criminal records summary for all employees of the contractor who interact with the pupil or ensure that the parent or guardian of the pupil has signed a consent form before the pupil's interaction with an employee of the contractor. To the extent the bill imposes additional requirements on local educational agencies, 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. This bill would declare that it is to take effect immediately as an urgency statute.