Asm. Juan Alanis

Existing law, the California Public Records Act, generally requires public records to be open for inspection by the public. Existing law provides numerous exceptions to this requirement. Under existing law, the personnel records of peace officers and custodial officers are confidential and not subject to public inspection. Existing law provides certain exemptions to this confidentiality, including the reports, investigations, and findings of certain incidents involving the use of force by a peace officer. Existing law authorizes an agency to redact the records disclosed for specified purposes including, among others, to remove personal data or information, as specified, and where there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of the peace officer, custodial officer, or another person. This bill would require a court in an action to compel disclosure pursuant to specified provisions, in determining whether there is a specific, articulable, and particularized reason to believe that disclosure of the record would pose a significant danger to the physical safety of a person, to consider whether a particular peace officer is currently operating undercover and their duties demand anonymity. This bill would incorporate additional changes to Section 832.7 of the Penal Code proposed by AB 847 and AB 1388, to be operative only if this bill and AB 847 or AB 1388 are enacted and this bill is enacted last.

(1) Existing law requires local educational agencies, as defined, to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services as reflected in an individualized education program. Existing law requires each special education local plan area to ensure that a continuum of program options is available to meet the needs of individuals with exceptional needs for special education and related services, as required by federal law. Existing law requires the continuum of program options to include, among other options, a resource specialist program, designated instruction and services, and special classes, as provided. Existing law requires the resource specialist program to provide, among other things, monitoring of pupil progress on a regular basis, participation in the review and revision of individualized education programs, as appropriate, and referral of pupils who do not demonstrate appropriate progress to the individualized education program team. Existing law requires caseloads for resource specialists to be stated in specified local policies and in accordance with regulations established by the State Board of Education, and prohibits a resource specialist from having a caseload that exceeds 28 pupils. This bill would require local educational agencies to take all reasonable steps to distribute the workload associated with initial assessments across all resource specialists employed by the local educational agency in an equal manner, unless otherwise collectively bargained. By imposing additional duties on local officials, the bill would impose a state-mandated local program. (2) Existing law requires special classes that serve pupils with similar and more intensive educational needs to be available, and authorizes special classes to enroll pupils only when the nature or severity of the disability of the individual with exceptional needs is such that education in the regular classes with the use of supplementary aids and services, including curriculum modification and behavioral support, cannot be achieved satisfactorily. This bill would require the Superintendent of Public Instruction, on or before July 1, 2027, to recommend a maximum adult-to-pupil staffing ratio for those special classes, as provided, and to post the recommendation on the department's internet website. The bill would require the Superintendent to report their recommendations to the appropriate policy and fiscal committees of the Legislature and the state board on or before April 1, 2027, as specified. (3) 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.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires, for the 4th and subsequent revisions of the housing element, the Department of Housing and Community Development, in consultation with each council of governments, where applicable, to determine the existing and projected need for housing for each region, as prescribed. Existing law requires, among other things, the department to meet and consult with the council of governments regarding the assumptions and methodology to be used by the department to determine the region's housing needs at least 26 months prior to the scheduled revision of the housing element and before developing the existing and projected housing need for a region. This bill would require the department to meet and consult with the council of governments, as described above, pursuant to prescribed deadlines. For the 7th revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision, except for specified councils of governments. For the 8th and subsequent revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 486 to be operative only if this bill and SB 486 are enacted and this bill is enacted last.

(1) Under existing law, each school district and county office of education is responsible for the overall development, as specified, of a comprehensive school safety plan for each of its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires that the plan include, among other things, child abuse reporting procedures, as specified. This bill would require a comprehensive school plan to instead include child abuse or neglect reporting procedures and would additionally require a comprehensive school safety plan, when it is next reviewed and updated, or by no later than July 1, 2026, to include procedures specifically designed to address the supervision and protection of children from child abuse or neglect and sex offenses. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. Existing law requires school district and county office of education comprehensive school safety plans to include assessing school crime committed on school campuses and at school-related functions. This bill would require school district and county office of education comprehensive school safety plans to instead include assessing all crime, not just school crime, committed on school campuses and at school-related functions. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. Existing law authorizes a principal or their designee, when they verify through local law enforcement officials that a report has been filed of the occurrence of a violent crime on the schoolsite of an elementary or secondary school at which they are the principal, to send to each pupil's parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime, as specified. Existing law provides that these provisions do not create any liability in a school district or its employees. This bill would revise and expand the definition of "violent crime" for these purposes and would authorize a principal or their designee to also provide that same notification for sex offenses, as defined. (2) Existing law requires the Commission on Teacher Credentialing to, among other things, establish standards for the issuance and renewal of credentials, certificates, and permits, as specified. Existing law requires the commission to deny an application for the issuance of a credential or for the renewal of a credential, or to revoke a credential, for any person convicted of a sex offense, as defined. Existing law prohibits the governing board of a school district from employing or retaining in employment persons in public school service who have been convicted, or who have been convicted following a plea of nolo contendere to charges, of any sex offense, and prescribes numerous provisions, including required actions, relating to suspensions, dismissals, and leaves of absences of public school employees charged or convicted of a sex offense. This bill would expand the definition of "sex offense" for those purposes to include additional crimes, as provided. To the extent the expanded definition of sex offenses would impose additional duties on local educational agencies or other local entities or officials, the bill would impose a state-mandated local program. In addition to any other prohibition or provision, existing law prohibits a person who has been convicted of a violent or serious felony from being hired by a school district, as defined, or charter school in a position requiring certification qualifications or supervising positions requiring certification qualifications, and prohibits a school district, as defined, or charter school from retaining in employment a current certificated employee who has been convicted of a violent or serious felony, and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employee's second probationary year, as provided. This bill would apply those same prohibitions to persons who have been convicted of sex offenses, as defined, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program. (3) Existing law prohibits school districts, county offices of education, charter schools, and state special schools from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, or expunging from an employee's personnel file, or entering in an agreement that would authorize expunging from an employee's personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. Existing law requires a school district, county office of education, charter school, or state special school that has made a report of an employee's egregious misconduct to the Commission on Teacher Credentialing to disclose this fact to a school district, county office of education, charter school, or state special school considering an application for employment from the employee, upon inquiry. This bill would additionally apply those provisions to private schools and diagnostic centers operated by the State Department of Education. Existing law requires a person applying for a certificated position at a school district, county office of education, charter school, or state special school to provide that prospective employer with a complete list of every school district, county office of education, charter school, or state special school that the applicant has previously been an employee of, and requires school districts, county offices of education, charter schools, and state special schools considering an applicant for a certificated position to inquire with each of those local educational agencies that previously employed the applicant as to whether the applicant, while previously employed by the local educational agency, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct that were required to be reported to the commission. Existing law requires those local educational agencies, when responding to an inquiry as to whether it has made a report of egregious misconduct to the commission, to also provide the inquiring local educational agency with a copy of all relevant information that was reported to the commission within its possession. This bill would additionally apply those provisions to private schools and diagnostic centers operated by the department, and would also prescribe similar provisions for noncertificated employees applicable to school districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and for employees of any position at private schools. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. This bill would require 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. The bill would require the commission to serve only as the data administrator for records submitted to the statewide data system and to ensure the secure operation and technical functionality of the statewide data system. The bill would require 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. The bill would require substantiated reports of egregious misconduct and employee departures from employment during investigations to be recorded in the statewide data system, and would prohibit the recording in the statewide data system of investigations of egregious misconduct that result in an unfounded or inconclusive report, as provided. The bill would require 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. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would prohibit the commission from being responsible for verifying the truthfulness or legal sufficiency of the information submitted by local educational agency employers or private school employers. This bill would, on or before July 1, 2026, require each governing board of a school district, county board of education, and governing body of a charter school or private school, and the department for purposes of state special schools and diagnostic centers operated by the department, to (A) adopt written policies that promote safe environments for pupil learning and engagement, as specified, and (B) adopt written policies, plans, or specifications regarding school facilities, and the furnishing of school facilities, that address classroom and nonclassroom environments to promote safe environments for learning and engagement that are easily supervised. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would encourage school districts, county offices of education, and charter schools to work with their public entity risk pool joint powers authority or insurance provider to identify and adopt best practices known to prevent violent crimes, injury, sex offenses, and egregious misconduct. (4) 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. This bill would additionally authorize the committee to commence an initial review upon the receipt of a record of a substantiated report or the receipt of a record of a start of an investigation followed by a change in employment status during an investigation entered into the statewide data system. (5) Existing law requires the State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services to, among other things, (A) develop and disseminate to all school districts, county offices of education, state special schools and diagnostic centers operated by the department, and charter schools, and their school personnel in California, information regarding the detection and reporting of child abuse, and (B) provide statewide guidance on the responsibilities of mandated reporters who are school personnel, as specified. This bill, commencing July 1, 2026, would, among other things, (A) require that information to additionally be developed and disseminated to private schools and school volunteers, and (B) require that guidance to include school volunteers who are mandated reporters. Existing law requires the State Department of Education to develop and disseminate to all school districts, county offices of education, state special schools and diagnostic centers operated by the department, and charter schools, and their school personnel in California, information regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and to develop appropriate means of instructing school personnel regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs. This bill, commencing July 1, 2026, would, among other things, (A) require that information to additionally be developed and disseminated to private schools and school volunteers, and (B) require that means of instruction to include school volunteers. Existing law requires school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools to provide annual training, using the online training module provided by the State Department of Social Services or an alternative training, to their employees and persons working on their behalf who are mandated reporters, as defined, on the mandated reporting requirements related to child abuse, as provided. Existing law also requires those entities to develop a process for all persons required to receive that training to provide proof of completing the training within the first 6 weeks of each school year or within the first 6 weeks of that person's employment. Commencing July 1, 2025, existing law additionally requires school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools to, among other things, provide annual training to their employees on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, as provided, and applies the proof of training requirements to this training. This bill, commencing July 1, 2026, would, among other things, additionally apply those provisions to private schools and school volunteers, as provided, and would require school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools that do not use the online training module provided by the State Department of Social Services to use an equivalent training module developed specifically to meet those requirements, as provided. (6) Existing law authorizes a school district to provide abuse, including sexual abuse, and human trafficking prevention education, as provided, and authorizes a parent or guardian of a pupil to excuse their child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, pursuant to a specified opt-out process, as provided. This bill would, among other things, require the Superintendent of Public Instruction, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, local educational agencies, and public entity risk pool joint powers authorities that provide risk management services to California schools, on or before July 1, 2026, to (A) develop, (B) disseminate to all school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the State Department of Education, and private schools, and (C) post on the department's internet website, resources and information relating to appropriate boundaries, as provided. The bill would require the Superintendent, on or before July 1, 2026, to develop guidance on the appropriate means of instructing pupils regarding the prevention of abuse, including sexual abuse and assault, of pupils, as specified, and would authorize school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools to provide annual instruction using the resources, information, and guidance developed and disseminated by the Superintendent, to all pupils, as provided. The bill would authorize a parent or guardian of a pupil to excuse their child from all or part of the instruction pursuant to the same opt-out process described above. (7) Existing law, the Child Abuse and Neglect Reporting Act, establishes procedures for the reporting and investigation of suspected child abuse or neglect. The act requires certain professionals, including teachers, instructional aides, and classified employees, known as "mandated reporters," to report known or reasonably suspected child abuse or neglect to a local law enforcement agency or a county welfare or probation department, as specified. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. The act provides that volunteers, except for volunteers of public or private organizations whose duties require direct contact with and supervision of children, except a volunteer of a Court Appointed Special Advocate program, are not mandated reporters. This bill would revise and recast those provisions as they relate to the educational environment to instead make (A) employees, certain volunteers, and governing board or body members of a school district, county office of education, charter school, or private school, (B) employees, certain volunteers, and board members of public and private contractors to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school whose duties require contact or supervision of pupils at that school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school, and (C) employees and certain volunteers assigned to a state special school or diagnostic center operated by the State Department of Education, all mandated reporters under the act. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. (8) This bill would incorporate additional changes to Section 32282 of the Education Code proposed by SB 98, to be operative only if this bill and SB 98 are enacted and this bill is enacted last. (9) This bill would incorporate additional changes to Section 11165.7 of the Penal Code proposed by AB 653 and SB 402 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. (10) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law governs the determination of child custody and visitation in contested proceedings. Under existing law, upon a finding by the court that a party seeking custody of a child has perpetrated domestic violence against the child, the other party seeking custody of the child, or others, as specified, there is a rebuttable presumption that granting custody to the party who perpetrated domestic violence is detrimental to the best interest of the child. Under existing law, this presumption may only be rebutted by a preponderance of the evidence. This bill would require, when making a determination of the best interests of a child, a court to consider any relevant, admissible evidence that a parent has caused human trafficking of the child or other parent.

Existing law requires the State Department of Public Health to license and regulate health facilities, including general acute care hospitals. Existing law makes a violation of these provisions a crime. Existing federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) , authorizes a covered health care provider to use specified protected health information to maintain a directory of patients in its facility, and to disclose that information to persons who ask for the patient by name. Existing federal law requires a covered health care provider to inform an individual of its privacy practices generally and the use and disclosure of information in the directory and to provide the patient with the opportunity to restrict or prohibit that use or disclosure. Existing law, the Confidentiality of Medical Information Act, prohibits a health care provider, a contractor, or a health care service plan from disclosing medical information, as defined, but does not prevent a general acute care hospital, upon an inquiry concerning a specific patient, from releasing a patient's name, address, age, and sex, and a general description of the reason for treatment, among other information, unless there is a specific written request by the patient to the contrary. This bill, beginning July 1, 2026, would require a general acute care hospital to inform a patient or the patient's representative, at the time of admission or as soon as reasonably possible in cases of patient incapacity or an emergency treatment circumstance, that the patient or the patient's representative may restrict or prohibit the use or disclosure of protected health information in the hospital's patient directory and would require the hospital to provide the patient or the patient's representative an acknowledgment of the hospital's privacy practices by using a separate document and having hospital personnel verbally inform the patient or the patient's representative, as specified. Because a violation of the bill's requirements would be a crime, this 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 no reimbursement is required by this act for a specified reason.

Existing law requires the Department of Justice to collect data from specified local law enforcement agencies and to make available on the department's OpenJustice Web portal information relating to criminal statistics. Existing law requires those law enforcement agencies to install and maintain records needed for the correct reporting of statistical data and to report the data to the Attorney General in the manner the Attorney General prescribes. This bill would require the department to include in the information made available on the OpenJustice Web portal information concerning arrests for human trafficking and the number of individuals who have been a victim of human trafficking as reported through the California Incident-Based Reporting System. Because the bill would require local law enforcement agencies to collect and report additional information to the Attorney General, this 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.

(1) Existing law authorizes specified drowning or injury prevention organizations (DIP organization) to provide informational materials, in electronic or hardcopy form, to a public school regarding specified topics relating to drowning prevention. Existing law requires a DIP organization that chooses to provide informational materials to provide, upon request by a public school, the informational materials in the 3 most commonly spoken languages associated with the population attending the school. This bill would instead require a DIP organization that chooses to provide informational materials to provide, upon request by a public school, the informational materials in English and would encourage the DIP organization to provide informational materials in the other most commonly spoken languages associated with the population attending the school. The bill would require a DIP organization that chooses to provide informational materials to a public school to provide those materials at no cost to the public school, allow the school to offer copies of the materials to pupils and parents, and provide written evidence to a school administrator that demonstrates that the informational materials provided by the DIP organization align with the drowning, drowning prevention, water safety, rescue, and swim skills lesson information found on the drowning prevention web page of the federal Centers for Disease Control and Prevention, as provided. The bill also would require the State Department of Education, in consultation with the State Department of Developmental Services and the State Department of Public Health, to gather and make available on its internet website school-based water safety and drowning prevention education resources and curriculum, as provided. The bill would authorize public schools to provide to their pupils those water safety informational materials identified by the department and provided by a DIP organization, as provided. (2) Existing law requires the State Department of Public Health to adopt and enforce regulations relating to public swimming pools, as defined. This bill would expressly authorize the State Department of Public Health to review and evaluate existing statutes and regulations under its jurisdiction recommended by the California Unintentional Injury Prevention Strategic Plan Project to ensure clarity, consistency, and alignment with current public health practices, as provided, and would authorize the department to recommend to the Legislature updates or nonsubstantive technical corrections to support effective implementation and regulatory compliance.

Existing law, the Nevaeh Youth Sports Safety Act, requires a youth sports organization to ensure, by January 1, 2027, that its athletes have access to an automated external defibrillator (AED) during any practice or match. Existing law requires the AED to be administered by a medical professional or other certified and qualified person designated by a youth sports organization. This bill would delay the requirement to have access to an AED until January 1, 2028, would remove the requirement that it be administered by a medical professional, and would also require, by January 1, 2027, a youth sports organization to ensure that its coaches are certified, as specified, to perform cardiopulmonary resuscitation and to operate an AED. The bill would require, by January 1, 2027, a youth sports organization to have a written emergency response plan that includes certain information, including the location and procedures to be followed during a sudden cardiac event. The bill would require, by January 1, 2028, a youth sports organization to properly maintain and test its AED, as specified.

Existing law requires the Department of Transportation to install screening on state freeway overpasses to prevent objects from being dropped or thrown upon vehicles passing underneath, as provided. This bill would require, on or before July 1, 2028, the department to identify best practices for the implementation of suicide countermeasures designed to deter suicide attempts on bridges and overpasses, as provided.