AB 389 — Private schools: employees: criminal background checks.

Summary

(1) Existing law sets forth a method for providing special education and related services to pupils with exceptional needs. Existing law also permits, under certain circumstances, contracts to be entered for the provision of those services by nonpublic, nonsectarian schools or agencies, as defined. Existing law authorizes a master contract for special education and related services provided by a nonpublic, nonsectarian school or agency only if the school or agency has been certified by the Superintendent of Public Instruction as meeting specified standards. Existing law requires the Superintendent, before certification, to conduct an onsite review of the facility and program seeking certification, as provided. Existing law further requires the Superintendent to conduct an investigation of a nonpublic, nonsectarian school or agency onsite at any time without prior notice if there is substantial reason to believe that there is an immediate danger to the health, safety, or welfare of a child, as provided. This bill would authorize the Superintendent, when conducting an onsite review or investigation, to verify that the nonpublic, nonsectarian school or agency has received a successful criminal background check clearance and has enrolled in subsequent arrest notice service, as specified, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency. (2) Existing law requires every person, firm, association, partnership, or corporation offering or conducting private school instruction on the elementary or high school level to require each applicant for employment in a position requiring contact with minor pupils who does not possess a valid California state teaching credential, or is not currently licensed by another state agency that requires a criminal record summary, to submit 2 sets of fingerprints to the Department of Justice for the purpose of obtaining a criminal record summary from the Department of Justice and the Federal Bureau of Investigation. Existing law requires a recipient of the summary to not disclose its contents or provide copies of the information, and requires the information received to be destroyed upon hiring. This bill would delete the exemption for applicants possessing a valid California state teaching credential or who are currently licensed by another state agency that requires a criminal record summary, from submitting 2 sets of fingerprints for the purpose of obtaining a criminal record summary from the Department of Justice and the Federal Bureau of Investigation. The bill would, notwithstanding the restrictions on sharing and destroying criminal background check information, require a nonpublic, nonsectarian school or agency, upon demand, to make available to the Superintendent evidence of a successful criminal background check clearance and enrollment in subsequent arrest notice service, as provided, for each owner, operator, and employee of the nonpublic, nonsectarian school or agency. The bill would require the nonpublic, nonsectarian school or agency to retain the evidence, as specified. The bill also would make technical, nonsubstantive changes.

Bill Text

• Chaptered 10/10/13 - Chaptered Current pdf October 10, 2013
• Enrolled 09/12/13 - Enrolled pdf September 12, 2013
• Amended 07/11/13 - Amended Senate pdf July 11, 2013
• Amended 06/19/13 - Amended Senate pdf June 19, 2013
• Amended 04/11/13 - Amended Assembly pdf April 11, 2013
• Amended 03/21/13 - Amended Assembly pdf March 21, 2013
• Introduced 02/15/13 - Introduced pdf February 15, 2013
• AB389 View text html

Action History

1. October 10, 2013

   Chaptered by Secretary of State - Chapter 701, Statutes of 2013.

2. October 10, 2013

   Approved by the Governor.

3. September 23, 2013

   Enrolled and presented to the Governor at 4 p.m.

4. September 06, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 2898.).

5. August 26, 2013

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

6. August 26, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 1978.).

7. August 14, 2013

   Read second time. Ordered to third reading.

8. August 13, 2013

   From committee: Do pass. (Ayes 5. Noes 0.) (August 12).

9. July 11, 2013

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

10. June 26, 2013

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (June 26). Re-referred to Com. on APPR.

11. June 19, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

12. May 28, 2013

    In committee: Set, first hearing. Hearing canceled at the request of author.

13. May 02, 2013

    Referred to Com. on ED.

14. April 18, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

15. April 18, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1008.)

16. April 15, 2013

    Read second time. Ordered to consent calendar.

17. April 11, 2013

    Read second time and amended. Ordered to second reading.

18. April 10, 2013

    From committee: Do pass as amended. To consent calendar. (Ayes 7. Noes 0.) (April 3).

19. April 01, 2013

    Re-referred to Com. on ED.

20. March 21, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

21. February 28, 2013

    Referred to Com. on ED.

22. February 19, 2013

    From printer. May be heard in committee March 21.

23. February 15, 2013

    Read first time. To print.

Sponsors

• Williams · Primary

Votes

Subjects