(1) 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, the Sexual Abuse-Free Education (SAFE) Act, would prohibit a school entity, defined as a school district, county office of education, charter school, or private or parochial school, from knowingly hiring a person as a certificated employee in a position involving direct contact with children, if the person was determined by a current or former employer, as the result of an investigation, to be responsible for an act of child abuse or sexual misconduct with a pupil, unless the allegations of child abuse or sexual misconduct with a pupil were subsequently determined to be false. The bill would require, when a school entity makes an offer of employment to an applicant for a certificated position involving direct contact with children, and before the applicant may accept the offer, the school entity to contact the superintendent of a school district, or his or her designee, or the equivalent chief executive officer of a charter school or private school, for each of the school entities by which the applicant has been employed, and obtain specified information about the applicant in writing. The bill would provide that school entities and school entity officials would not be subject to civil or criminal liability for the disclosure of information pursuant to these provisions unless the information was disclosed with the knowledge that it was false. The bill, pursuant to specified statutes, would authorize the Commission on Teacher Credentialing to discipline, or take an adverse action against, a certificated school administrator who willfully fails to disclose the information required pursuant to these provisions. The bill would also require, when a school entity makes an offer of employment to an applicant for a certificated position involving direct contact with children, and before the applicant may accept the offer, the school entity to require the applicant to provide a declaration in writing that he or she has not been determined by a current or former employer, as the result of a voluntary resignation or investigation, to be responsible for an act of child abuse or sexual misconduct with a pupil. The bill would prohibit a collective bargaining agreement, termination agreement, severance agreement, or other contract entered into after January 1, 2019, from preventing the disclosure of any information related to child abuse or sexual misconduct with a child, affecting the ability of the school entity to report child abuse or sexual misconduct with a child, or requiring the school entity to expunge information relating to child abuse or sexual misconduct with a child from any document, unless the allegations of child abuse or sexual misconduct with a child are determined to be false. Because the bill would require school districts, county offices of education, and charter schools to comply with additional requirements before hiring new employees, and to disclose information about former employees who are applicants for certificated positions at other school entities, the bill would impose a state-mandated local program. (2) 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.
Sponsored bills
Under existing law, in addition to vehicle registration fees, an annual fee based upon vehicle weight is imposed on commercial motor vehicles. Existing law applies these provisions to pickup trucks and provides that whenever a camper is temporarily attached to a motor vehicle designed to transport property, it is deemed a load and the fees imposed are based on the unladen weight of the motor vehicle, exclusive of the camper. This bill would exempt pick-up trucks from weight fee requirements. The bill would provide that whenever a camper is temporarily attached to a motor vehicle designed to transport property and is specifically designated for commercial purposes, it is deemed a load and subject to the imposition of weight fees based on the unladen weight of the motor vehicle. The bill would also make conforming changes.
Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the minor, his or her parents or guardian, and the attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. Existing law also authorizes some of those individuals to receive copies of the case file. This bill would authorize an investigator employed by a county auditor-controller, as defined, who is authorized by a county board of supervisors to investigate suspected acts of waste, fraud, or abuse, including, but not limited to, misuse of personally identifiable information or protected health information of minors, to access, inspect, and copy a juvenile case file, or portions thereof, as necessary for the performance of his or her duties. The bill would authorize access, inspection, and copying only when the investigator is conducting an investigation within the scope of his or her duties, the information contained in the juvenile case file is reasonably believed to be relevant to the investigation, and prior notice is given to the director of the county child welfare agency or the county probation department. The bill would impose restrictions on the use of the confidential information and require subsequent sealing of the confidential information. The bill would require, in the event the county auditor-controller determines a juvenile's confidential information was improperly used in a manner detrimental to the interests of the child, that the county auditor-controller inform the child's attorney so that the attorney can take appropriate action commensurate with his or her duties to protect the interests of the child.
Existing law provides that a person in this state cannot be denied the benefits of, or be subjected to discrimination under, a state program or activity, as specified, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation. Existing law provides for officers and employees of the state, when away from their headquarters for state business, to receive travel expenses. Existing law prohibits a state agency and the Legislature from requiring any of its employees, officers, or members to travel to, or from approving a request for state-funded or state-sponsored travel to, any state that has enacted a law that voids or repeals, or that has the effect of voiding or repealing, existing state or local protections against discrimination on the basis of sexual orientation, gender identity, or gender expression or that has enacted a law that authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression, as specified. Existing law excepts from these provisions travel that is required for specified purposes, including, among other things, to participate in meetings or training required to maintain grant funding and to complete job-related training necessary to maintain licensure or similar standards. This bill also would exempt travel that is required to attend or to participate in a collegiate academic conference or competition, or a collegiate athletic event, and travel that is required to further recruitment of a prospective collegiate student athlete, from these provisions.
This measure would proclaim the week of February 26, 2018, to March 4, 2018, inclusive, as Eating Disorders Awareness Week.
This measure would proclaim February 2018 as Teen Dating Violence Awareness and Prevention Month, and would encourage all Californians to observe Teen Dating Violence Awareness and Prevention Month with programs and activities that raise awareness about teen dating violence.
This measure would proclaim the month of January 2018 as National Mentoring Month.