Bill Text: CA SB1005 | 2019-2020 | Regular Session | Amended
Bill Title: Local educational agencies: confidentiality agreements: child predators.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-05-11 - Re-referred to Com. on ED. [SB1005 Detail]
Download: California-2019-SB1005-Amended.html
|
Amended
IN
Senate
April 03, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 1005
| Introduced by Senator Morrell |
February 13, 2020 |
An act to add Section 35184.5 to the Education Code, relating to school employment. local educational agencies.
LEGISLATIVE COUNSEL'S DIGEST
SB 1005, as amended, Morrell.
School employment: pupil safety. 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 state the intent of the Legislature to enact future legislation relating to school employment and
pupil safety. 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 35184.5 is added to the Education Code, to read:35184.5.
(a) On or after January 1, 2021, no local educational agency, and no officer or employee of a local educational agency, shall do either of the following:(1) Enter into, or extend or renew, a confidentiality agreement with a child predator.
(2) Provide a favorable recommendation for, or otherwise facilitate or promote, the employment of a child predator with another local educational agency.
(b) An officer or employee of a local educational agency who knowingly or negligently fails to comply with the requirements of subdivision (a) by failing to disclose, or by concealing, pertinent information, or by making a
false or misleading communication, shall be liable for damages as determined by a court of competent jurisdiction to have been proximately caused by that knowing or negligent failure to comply. The court may also award appropriate attorney’s fees to a prevailing party in an action brought pursuant to this subdivision.
(c) As used in this section:
(1) “Child predator” means a person to whom either or both of the following apply:
(A) The person has been convicted of child abuse or neglect within the meaning of Section 11165.6 of the Penal Code, or the person has been convicted of any of the sex offenses referenced in Section 44010 and at least one of the persons upon whom a sex offense was perpetrated was under 18 years of age at the time the offense occurred.
(B) The person has been 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.
(2) “Confidentiality agreement” means a contract or other binding agreement that includes, but is not necessarily limited to, a commitment by the local educational agency that it will disclose no information regarding the criminal violation or other unacceptable behavior of a child predator that is the cause of the termination of that person’s employment with the local educational agency.
(3) “Local educational agency” means a school district, county office of education, or charter school.
It is the intent of the Legislature to enact future legislation relating to school employment and pupil safety.
