| 1 | | - | Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 848Introduced by Senator PrezFebruary 21, 2025 An act relating to educational equity. to amend Sections 32280, 32281, 32282, 44010, 44939.5, and 51950 of, to amend, repeal, and add Section 44691 of, to add Sections 44051 and 44052 to, and to add Article 10 (commencing with Section 32100) to Chapter 1 of Part 19 of Division 1 of Title 1 of, the Education Code, and to amend Sections 288.3 and 11165.7 of the Penal Code, relating to pupil safety.LEGISLATIVE COUNSEL'S DIGESTSB 848, as amended, Prez. Sex equity in education: Title IX. Pupil safety: school employee misconduct: child abuse prevention: criminal communications with a minor.(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. Existing law prohibits a chartering authority from denying a petition for the establishment of a charter school unless it makes written factual findings supporting at least one of specified bases for denial, including, among other bases for denial, that the petition does not contain a reasonably comprehensive description of the development of a school safety plan that includes the same safety topics required in school district and county office of education comprehensive school safety plans.This bill would additionally require, when a comprehensive school safety plan or charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, those plans to include procedures specifically designed to address the supervision and protection of children from child abuse 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, but not a charter schools school safety plan, 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. The bill would require, when a charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, the plan to include assessing the current status of crime committed on the charter schools campus 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 pupils 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 (A) revise and expand the definition of violent crime for these purposes, (B) authorize a principal or their designee to also provide that same notification for sex crimes, as defined, (C) authorize charter school principals and their designees to provide the same notifications, and (D) provide that these provisions also do not create any liability in a charter school or its employees.(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 retain 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.(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 employees personnel file, or entering in an agreement that would authorize expunging from an employees 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 employees egregious misconduct to the commission 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 add private schools and diagnostic centers operated by the State Department of Education to those provisions. Existing laws 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 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, state specials schools and diagnostic centers operated by the department, and 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, to develop a statewide data system that includes specified information, including information relating to egregious misconduct, for individuals serving in a noncertificated position for a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. The bill would, among other things, require those employers, following the start of an investigation of egregious misconduct, to submit notice that an investigation was commenced and would require only substantiated reports to result in a record of the statewide data system indicating the employer and position for which the investigation was conducted. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.This bill would, on or before July 1, 2026, require each governing board of a school district, county board of the 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 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 the Superintendent of Public Instruction, instead of the department, to undertake those activities in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, (B) require that information to additionally be developed and disseminated to private schools and school volunteers, and (C) 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 State Department of Education, 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 the Superintendent, instead of the department, to undertake those activities, (B) require that information to additionally be developed and disseminated to private schools and school volunteers, and (C) 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 persons 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, 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. (5) 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, 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 department, and private schools, and (C) post on the departments internet website, resources and information relating to appropriate boundaries, as provided, and 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. The bill would, commencing, July 1, 2027, require school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools to provide annual in-person instruction, using the resources, information, and guidance developed and disseminated by the Superintendent, to all pupils, as provided. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. 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.(6) Existing law, as added by Proposition 83 of the November 7, 2006, statewide general election, makes it a crime for a person to contact or communicate with a minor, or attempt to contact or communicate with a minor, when the person knows or reasonably should know that the person being contacted is a minor, with the intent to commit one of a list of specified offenses involving the minor, including kidnapping and rape.This bill would expand the list of specified offenses described above to include acts that meet the definition of sex offense for certain purposes in the Education Code, as specified, and would expressly include, as a means of contacting or communicating, any social networking internet website or application. By expanding the definition of a crime, the bill would impose a state-mandated local program.(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) an employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school, (B) an employee, volunteer, or board member of a public or private contractor to a school district, county office of education, charter school, or private school whose duties require contact or supervision of pupils at that school district, county office of education, charter school, or private school, and (C) an employee or volunteer 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) 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 federal law, Title IX of the Education Amendments of 1972 (Title IX), prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.This bill would state the intent of the Legislature to enact future legislation relating to Title IX.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 10 (commencing with Section 32100) is added to Chapter 1 of Part 19 of Division 1 of Title 1 of the Education Code, to read: Article 10. Professional Boundaries Between Adults and Pupils and the Safety of Learning Environments32100. (a) It is the intent of the Legislature that school districts, schools operated by county offices of education, charter schools, private schools, and state special schools and diagnostic centers operated by the department be safe and nurturing places for pupils that are free of fear and threats of violence and free of violent crimes and sexual offenses committed by, or intended to be committed by, other pupils, school employees, volunteers, and contractors.(b) On or before July 1, 2026, each governing board of a school district, county board of the 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, shall do both of the following: (1) Adopt written policies that promote safe environments for pupil learning and engagement, consistent with the legislative intent specified in subdivision (a), and that do both of the following:(A) Explicitly address professional boundaries (i) between pupils and school employees, adult volunteers, and school contractors, (ii) among and between pupils, and (iii) among and between adults employed, volunteering, or under contract.(B) Establish appropriate limits on contact during or outside of the schoolday between pupils and school employees, volunteers, and school contractors via social media internet platforms, text messaging, and other forms of communication that do not otherwise include the pupils parent or guardian. The policies may vary the limitations based on the age or grade of the pupil.(2) 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.(c) School districts, county offices of education, and charter schools are encouraged 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.(d) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code.SEC. 2. Section 32280 of the Education Code is amended to read:32280. (a) It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, the schools public entity risk pool joint powers authority or insurance provider, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It(b) It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For(c) For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For(d) For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus.SEC. 3. Section 32281 of the Education Code is amended to read:32281. (a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive.(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school.(2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members:(A) The principal or the principals designee.(B) One teacher who is a representative of the recognized certificated employee organization.(C) One parent whose child attends the school.(D) One classified employee who is a representative of the recognized classified employee organization.(E) Other members, if desired.(3) The schoolsite council shall consult with a representative from a law enforcement agency, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan. The comprehensive school safety plan and any updates to the plan shall be shared with the law enforcement agency, the fire department, and the other first responder entities.(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee.(c) This article does not limit or take away the authority of school boards as guaranteed under this code.(d) (1)Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), district if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite.(2)As used in this article, small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(e) (1) When a principal or his or her designee their designee, including the principal of a charter school or their designee, verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime or sex offense on the schoolsite of an elementary or secondary school at which he or she is they are the principal, the principal or the principals designee may send to each pupils parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or his or her their designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular workday after the verification. If, at the time of verification, local law enforcement officials determine that notification of the violent crime or sex offense would hinder an ongoing investigation, the notification authorized by this subdivision shall be made within a reasonable period of time, to be determined by the local law enforcement agency and the school district.For purposes of this section, an act considered a violent crime shall meet the definition of Section 67381 and be an act for which a pupil could or would be expelled pursuant to Section 48915. district or charter school, as applicable.(2) This subdivision does not create any liability in a school district or its district, charter school, or their employees for complying with paragraph (1).(f) (1) Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a comprehensive school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she the representative chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.(2) As used in this article, tactical responses to criminal incidents means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.(3) This subdivision does not preclude the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.(4) This subdivision does not reduce or eliminate the requirements of Section 32282.(g) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code.SEC. 4. Section 32282 of the Education Code is amended to read:32282. (a) The comprehensive school safety plan shall include, but not be limited to, all of the following:(1) (A) Assessing the current status of school crime committed on school campuses and at school-related functions.(B) When a charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, it shall include assessing the current status of crime committed on the charter schools campus and at school-related functions.(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:(A) (i) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.(ii) When a comprehensive school safety plan or charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, procedures specifically designed to address the supervision and protection of children from child abuse or sex offenses.(B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:(I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:(ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.(ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.(ic) Protective measures to be taken before, during, and following an earthquake.(id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.(II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.(III) (ia) Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.(ib) Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.(ic) For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.(ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).(iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.(II) Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.(iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.(H) A safe and orderly environment conducive to learning at the school.(I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.(J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.(K) If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:(i) (I) The school shall not conduct a high-intensity drill.(II) For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.(ii) The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.(iii) The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:(I) Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.(II) Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.(III) The ability for parents or guardians to opt their child or children out of the drills.(IV) An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.(V) A notice to all parents and guardians after the drill has concluded.(VI) The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.(L) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.(M) (i) When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.(ii) The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.(N) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.(3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:(i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.(ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.(B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.(C) (i) For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.(ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.(D) This paragraph applies to school districts, county offices of education, and charter schools.(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.(g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.(h) On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies.SEC. 5. Section 44010 of the Education Code is amended to read:44010. Sex offense, as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below:(a) An offense defined in Section 220, 261, 261.5, 262, or 288.2, subdivision (c) of Section 290, Section 311.2, 313.1, or 528.5, 647b, or subdivision (a) or (d) of Section 647, or paragraph (2) of subdivision (c) of Section 647.6, of the Penal Code.(b) An offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(c) An offense defined in Section 314 of the Penal Code committed on or after September 15, 1961.(d) An offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961.(e) An offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961.(f) An offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(g) An offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 197576 Regular Session of the Legislature committed before the effective date of the amendment.(h) An attempt to commit any of the offenses specified in this section.(i) An offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section.(j) A conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code.(k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981.SEC. 6. Section 44051 is added to the Education Code, immediately following Section 44050, to read:44051. (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a noncertificated position shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(b) For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment.SEC. 7. Section 44052 is added to the Education Code, immediately following Section 44051, to read:44052. (a) On or before July 1, 2027, the commission shall develop and establish a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school:(1) The name, date of birth, and a unique identification number of the noncertificated employee.(2) The name of the employer.(3) The starting date, ending date, if applicable, and title for each position held by the noncertificated employee.(4) The name of any employer that conducted an employee investigation for egregious misconduct, as defined in Section 44932, that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after January 1, 2027.(5) The date an investigation described in paragraph (4) was commenced.(6) The date a substantiated report described in paragraph (4) was filed.(b) The statewide data system established pursuant to subdivision (a) shall be accessible to all school district, county office of education, charter school, department-operated state special school and diagnostic center personnel who are responsible for employment, employee investigations, or hiring decisions.(c) Within 30 calendar days of hiring an individual for a noncertificated position, or the start of a new or additional noncertificated position, the employer shall provide the name, title, and start date of the noncertificated position held to the statewide data system established pursuant to subdivision (a).(d) Within 10 calendar days of a noncertificated employee leaving a position, the employer shall provide the final date of employment or final date in a specific noncertificated position to the statewide data system established pursuant to subdivision (a).(e) (1) Following the start of an investigation of egregious misconduct, the employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced.(2) Statewide data system records shall indicate a pending status until the investigation results in a substantiated report.(3) Only substantiated reports shall result in a record in the statewide data system indicating the employer organization and position for which the investigation was conducted. No other investigatory outcomes shall result in a permanent record in the statewide data system indicating a substantiated report.(f) For purposes of this section, employer means a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school.SEC. 8. Section 44691 of the Education Code, as added by Section 2 of Chapter 814 of the Statutes of 2024, is amended to read:44691. (a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect.(B) Reporting requirements for child abuse and neglect.(b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.(d) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.(e) This section shall become operative on July 1, 2025.(f) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed.SEC. 9. Section 44691 is added to the Education Code, to read:44691. (a) The Superintendent, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the detection and reporting of child abuse and assault, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect and child sexual abuse and assault.(B) Reporting requirements for child abuse and neglect and child sexual abuse and assault.(b) (1) The Superintendent shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year and to volunteers upon commencing volunteer services.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment, or within six week of commencing volunteer services. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(d) (1) 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 shall use an equivalent training module developed specifically to meet the requirements of this section and report that training to the Superintendent.(2) The alternative training module shall be approved by the public entity risk pool joint powers authority or liability insurance provider used by the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(e) This section shall become operative on July 1, 2026.SEC. 10. Section 44939.5 of the Education Code is amended to read:44939.5. (a) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency.(b) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employees personnel file, nor shall they enter into an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted.(c) (1) A person applying for a certificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school or diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, and state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the local educational agency, school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring local educational agency school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(d) Any school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable.SEC. 11. Section 51950 of the Education Code is amended to read:51950. (a) A Except as required by subdivision (d), a school district may provide abuse, including sexual abuse, abuse and assault, and human trafficking prevention education.(b) For purposes of this section, abuse, including sexual abuse, abuse and assault, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, abuse and assault, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.(c) The Superintendent, 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, shall do all of the following:(1) On or before July 1, 2026, develop, disseminate to all school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools, and post on the departments internet website, resources and information regarding all of the following:(A) Building awareness and understanding of appropriate boundaries regarding adult-to-pupil interactions and relationships.(B) Building awareness and understanding of appropriate professional boundaries between pupils and school personnel and volunteers.(C) Building awareness and understanding of appropriate pupil-to-pupil interactions and relationships.(D) Building awareness and understanding of the detection and indicators of inappropriate behaviors in adults and pupils, and strategies to reduce risk and establish healthy boundaries.(E) Options to report child abuse and assault, and inappropriate interactions and relationships, and to safely seek assistance.(2) On or before July 1, 2026, develop guidance on the appropriate means of instructing pupils regarding the prevention of abuse, including sexual abuse and assault, of pupils, consistent with all of the following:(A) The instruction shall be age appropriate and differentiated by grade and instructional setting.(B) The instruction shall include the prevention of abuse, including sexual abuse and assault, of children at home, in the community, on school grounds, by school personnel, other pupils, and school volunteers, or in school-sponsored programs.(C) The instruction shall be delivered by certificated personnel who do not otherwise have regular contact with the pupils receiving the instruction and who have received training described in subdivision (h).(d) Commencing July 1, 2027, school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall provide annual in-person instruction, using the resources, information, and guidance developed and disseminated by the Superintendent pursuant to subdivision (c), to all enrolled pupils.(c)(e) A parent or guardian of a pupil shall have the right to excuse his or her their child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, and from the instruction described in subdivision (d), consistent with Section 51938.(d)(f) The department Superintendent may make available on the departments Internet Web site internet website information about the education described in this section, resources on abuse, including sexual abuse, abuse and assault, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.(e)(g) A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.(f)(h) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, abuse and assault, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors.SEC. 12. Section 288.3 of the Penal Code is amended to read:288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former Section 288a, or to otherwise commit a sex offense identified pursuant to Section 44010 of the Education Code, involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.(b) As used in this section, contacts or communicates with shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system. system, including, but not limited to, any social networking internet website or application.(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.SEC. 13. Section 11165.7 of the Penal Code is amended to read:11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1)A teacher.(2)An instructional aide.(3)A teachers aide or teachers assistant employed by a public or private school.(4)A classified employee of a public school.(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(1) An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school.(2) An employee, volunteer, or board member of a public or private contractor to a school district, county office of education, charter school, or private school whose duties require contact or supervision of pupils at that school district, county office of education, charter school, or private school.(3) An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education.(4) [Reserved](5) [Reserved](6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(9) [Reserved](10) A licensee, an administrator, or an employee of a licensed community care or child daycare facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16)An employee of a school district police or security department.(16) [Reserved](17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a human resource employee is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.(49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the persons duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.(b) Except as provided in paragraph paragraphs (1), (2), (3), and (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools schools, and, commencing July 1, 2026, private schools, shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.It is the intent of the Legislature to enact future legislation relating to Title IX of the Education Amendments of 1972. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 848Introduced by Senator PrezFebruary 21, 2025 An act relating to educational equity.LEGISLATIVE COUNSEL'S DIGESTSB 848, as introduced, Prez. Sex equity in education: Title IX.Existing federal law, Title IX of the Education Amendments of 1972 (Title IX), prohibits a person, on the basis of sex, from being excluded from participation in, being denied the benefits of, or being subject to discrimination, which includes sexual harassment, under any education program or activity receiving federal financial assistance.This bill would state the intent of the Legislature to enact future legislation relating to Title IX.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. It is the intent of the Legislature to enact future legislation relating to Title IX of the Education Amendments of 1972. |
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| 112 | | - | Article 10. Professional Boundaries Between Adults and Pupils and the Safety of Learning Environments32100. (a) It is the intent of the Legislature that school districts, schools operated by county offices of education, charter schools, private schools, and state special schools and diagnostic centers operated by the department be safe and nurturing places for pupils that are free of fear and threats of violence and free of violent crimes and sexual offenses committed by, or intended to be committed by, other pupils, school employees, volunteers, and contractors.(b) On or before July 1, 2026, each governing board of a school district, county board of the 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, shall do both of the following: (1) Adopt written policies that promote safe environments for pupil learning and engagement, consistent with the legislative intent specified in subdivision (a), and that do both of the following:(A) Explicitly address professional boundaries (i) between pupils and school employees, adult volunteers, and school contractors, (ii) among and between pupils, and (iii) among and between adults employed, volunteering, or under contract.(B) Establish appropriate limits on contact during or outside of the schoolday between pupils and school employees, volunteers, and school contractors via social media internet platforms, text messaging, and other forms of communication that do not otherwise include the pupils parent or guardian. The policies may vary the limitations based on the age or grade of the pupil.(2) 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.(c) School districts, county offices of education, and charter schools are encouraged 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.(d) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 114 | | - | Article 10. Professional Boundaries Between Adults and Pupils and the Safety of Learning Environments32100. (a) It is the intent of the Legislature that school districts, schools operated by county offices of education, charter schools, private schools, and state special schools and diagnostic centers operated by the department be safe and nurturing places for pupils that are free of fear and threats of violence and free of violent crimes and sexual offenses committed by, or intended to be committed by, other pupils, school employees, volunteers, and contractors.(b) On or before July 1, 2026, each governing board of a school district, county board of the 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, shall do both of the following: (1) Adopt written policies that promote safe environments for pupil learning and engagement, consistent with the legislative intent specified in subdivision (a), and that do both of the following:(A) Explicitly address professional boundaries (i) between pupils and school employees, adult volunteers, and school contractors, (ii) among and between pupils, and (iii) among and between adults employed, volunteering, or under contract.(B) Establish appropriate limits on contact during or outside of the schoolday between pupils and school employees, volunteers, and school contractors via social media internet platforms, text messaging, and other forms of communication that do not otherwise include the pupils parent or guardian. The policies may vary the limitations based on the age or grade of the pupil.(2) 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.(c) School districts, county offices of education, and charter schools are encouraged 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.(d) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 116 | | - | Article 10. Professional Boundaries Between Adults and Pupils and the Safety of Learning Environments |
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| 118 | | - | Article 10. Professional Boundaries Between Adults and Pupils and the Safety of Learning Environments |
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| 120 | | - | 32100. (a) It is the intent of the Legislature that school districts, schools operated by county offices of education, charter schools, private schools, and state special schools and diagnostic centers operated by the department be safe and nurturing places for pupils that are free of fear and threats of violence and free of violent crimes and sexual offenses committed by, or intended to be committed by, other pupils, school employees, volunteers, and contractors.(b) On or before July 1, 2026, each governing board of a school district, county board of the 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, shall do both of the following: (1) Adopt written policies that promote safe environments for pupil learning and engagement, consistent with the legislative intent specified in subdivision (a), and that do both of the following:(A) Explicitly address professional boundaries (i) between pupils and school employees, adult volunteers, and school contractors, (ii) among and between pupils, and (iii) among and between adults employed, volunteering, or under contract.(B) Establish appropriate limits on contact during or outside of the schoolday between pupils and school employees, volunteers, and school contractors via social media internet platforms, text messaging, and other forms of communication that do not otherwise include the pupils parent or guardian. The policies may vary the limitations based on the age or grade of the pupil.(2) 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.(c) School districts, county offices of education, and charter schools are encouraged 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.(d) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 124 | | - | 32100. (a) It is the intent of the Legislature that school districts, schools operated by county offices of education, charter schools, private schools, and state special schools and diagnostic centers operated by the department be safe and nurturing places for pupils that are free of fear and threats of violence and free of violent crimes and sexual offenses committed by, or intended to be committed by, other pupils, school employees, volunteers, and contractors. |
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| 126 | | - | (b) On or before July 1, 2026, each governing board of a school district, county board of the 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, shall do both of the following: |
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| 128 | | - | (1) Adopt written policies that promote safe environments for pupil learning and engagement, consistent with the legislative intent specified in subdivision (a), and that do both of the following: |
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| 130 | | - | (A) Explicitly address professional boundaries (i) between pupils and school employees, adult volunteers, and school contractors, (ii) among and between pupils, and (iii) among and between adults employed, volunteering, or under contract. |
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| 132 | | - | (B) Establish appropriate limits on contact during or outside of the schoolday between pupils and school employees, volunteers, and school contractors via social media internet platforms, text messaging, and other forms of communication that do not otherwise include the pupils parent or guardian. The policies may vary the limitations based on the age or grade of the pupil. |
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| 134 | | - | (2) 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. |
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| 136 | | - | (c) School districts, county offices of education, and charter schools are encouraged 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. |
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| 138 | | - | (d) For purposes of this article, the following definitions apply: |
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| 140 | | - | (1) Sex offense has the same meaning as defined in Section 44010. |
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| 142 | | - | (2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year. |
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| 144 | | - | (3) Violent crime means any of the following: |
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| 146 | | - | (A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381. |
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| 148 | | - | (B) An act for which a pupil could or would be expelled pursuant to Section 48915. |
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| 150 | | - | (C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code. |
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| 152 | | - | (D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 154 | | - | SEC. 2. Section 32280 of the Education Code is amended to read:32280. (a) It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, the schools public entity risk pool joint powers authority or insurance provider, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It(b) It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For(c) For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For(d) For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus. |
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| 156 | | - | SEC. 2. Section 32280 of the Education Code is amended to read: |
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| 158 | | - | ### SEC. 2. |
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| 160 | | - | 32280. (a) It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, the schools public entity risk pool joint powers authority or insurance provider, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It(b) It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For(c) For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For(d) For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus. |
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| 162 | | - | 32280. (a) It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, the schools public entity risk pool joint powers authority or insurance provider, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It(b) It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For(c) For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For(d) For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus. |
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| 164 | | - | 32280. (a) It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, the schools public entity risk pool joint powers authority or insurance provider, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It(b) It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For(c) For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For(d) For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus. |
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| 168 | | - | 32280. (a) It is the intent of the Legislature that all California public schools teaching kindergarten or any of grades 1 to 12, inclusive, operated by a school district, in cooperation with local law enforcement agencies, community leaders, parents, pupils, teachers, administrators, classified employees, local emergency medical services personnel, the schools public entity risk pool joint powers authority or insurance provider, and other persons who may be interested in the health and safety of pupils and the prevention of campus crime and violence, develop a comprehensive school safety plan that addresses the safety concerns identified through a systematic planning process. It |
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| 170 | | - | (b) It is also the intent of the Legislature that all school staff be trained on the comprehensive school safety plan. For |
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| 172 | | - | (c) For the purposes of this section, law enforcement agencies include local police departments, county sheriffs offices, school district police or security departments, probation departments, and district attorneys offices. For |
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| 174 | | - | (d) For purposes of this section, a safety plan means a plan to develop strategies aimed at the prevention of, response to, and education about, potential incidents involving medical emergencies, including sudden cardiac arrest, and crime and violence on the school campus. |
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| 176 | | - | SEC. 3. Section 32281 of the Education Code is amended to read:32281. (a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive.(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school.(2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members:(A) The principal or the principals designee.(B) One teacher who is a representative of the recognized certificated employee organization.(C) One parent whose child attends the school.(D) One classified employee who is a representative of the recognized classified employee organization.(E) Other members, if desired.(3) The schoolsite council shall consult with a representative from a law enforcement agency, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan. The comprehensive school safety plan and any updates to the plan shall be shared with the law enforcement agency, the fire department, and the other first responder entities.(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee.(c) This article does not limit or take away the authority of school boards as guaranteed under this code.(d) (1)Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), district if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite.(2)As used in this article, small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(e) (1) When a principal or his or her designee their designee, including the principal of a charter school or their designee, verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime or sex offense on the schoolsite of an elementary or secondary school at which he or she is they are the principal, the principal or the principals designee may send to each pupils parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or his or her their designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular workday after the verification. If, at the time of verification, local law enforcement officials determine that notification of the violent crime or sex offense would hinder an ongoing investigation, the notification authorized by this subdivision shall be made within a reasonable period of time, to be determined by the local law enforcement agency and the school district.For purposes of this section, an act considered a violent crime shall meet the definition of Section 67381 and be an act for which a pupil could or would be expelled pursuant to Section 48915. district or charter school, as applicable.(2) This subdivision does not create any liability in a school district or its district, charter school, or their employees for complying with paragraph (1).(f) (1) Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a comprehensive school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she the representative chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.(2) As used in this article, tactical responses to criminal incidents means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.(3) This subdivision does not preclude the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.(4) This subdivision does not reduce or eliminate the requirements of Section 32282.(g) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 178 | | - | SEC. 3. Section 32281 of the Education Code is amended to read: |
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| 180 | | - | ### SEC. 3. |
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| 182 | | - | 32281. (a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive.(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school.(2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members:(A) The principal or the principals designee.(B) One teacher who is a representative of the recognized certificated employee organization.(C) One parent whose child attends the school.(D) One classified employee who is a representative of the recognized classified employee organization.(E) Other members, if desired.(3) The schoolsite council shall consult with a representative from a law enforcement agency, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan. The comprehensive school safety plan and any updates to the plan shall be shared with the law enforcement agency, the fire department, and the other first responder entities.(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee.(c) This article does not limit or take away the authority of school boards as guaranteed under this code.(d) (1)Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), district if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite.(2)As used in this article, small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(e) (1) When a principal or his or her designee their designee, including the principal of a charter school or their designee, verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime or sex offense on the schoolsite of an elementary or secondary school at which he or she is they are the principal, the principal or the principals designee may send to each pupils parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or his or her their designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular workday after the verification. If, at the time of verification, local law enforcement officials determine that notification of the violent crime or sex offense would hinder an ongoing investigation, the notification authorized by this subdivision shall be made within a reasonable period of time, to be determined by the local law enforcement agency and the school district.For purposes of this section, an act considered a violent crime shall meet the definition of Section 67381 and be an act for which a pupil could or would be expelled pursuant to Section 48915. district or charter school, as applicable.(2) This subdivision does not create any liability in a school district or its district, charter school, or their employees for complying with paragraph (1).(f) (1) Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a comprehensive school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she the representative chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.(2) As used in this article, tactical responses to criminal incidents means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.(3) This subdivision does not preclude the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.(4) This subdivision does not reduce or eliminate the requirements of Section 32282.(g) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 183 | | - | |
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| 184 | | - | 32281. (a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive.(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school.(2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members:(A) The principal or the principals designee.(B) One teacher who is a representative of the recognized certificated employee organization.(C) One parent whose child attends the school.(D) One classified employee who is a representative of the recognized classified employee organization.(E) Other members, if desired.(3) The schoolsite council shall consult with a representative from a law enforcement agency, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan. The comprehensive school safety plan and any updates to the plan shall be shared with the law enforcement agency, the fire department, and the other first responder entities.(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee.(c) This article does not limit or take away the authority of school boards as guaranteed under this code.(d) (1)Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), district if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite.(2)As used in this article, small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(e) (1) When a principal or his or her designee their designee, including the principal of a charter school or their designee, verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime or sex offense on the schoolsite of an elementary or secondary school at which he or she is they are the principal, the principal or the principals designee may send to each pupils parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or his or her their designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular workday after the verification. If, at the time of verification, local law enforcement officials determine that notification of the violent crime or sex offense would hinder an ongoing investigation, the notification authorized by this subdivision shall be made within a reasonable period of time, to be determined by the local law enforcement agency and the school district.For purposes of this section, an act considered a violent crime shall meet the definition of Section 67381 and be an act for which a pupil could or would be expelled pursuant to Section 48915. district or charter school, as applicable.(2) This subdivision does not create any liability in a school district or its district, charter school, or their employees for complying with paragraph (1).(f) (1) Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a comprehensive school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she the representative chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.(2) As used in this article, tactical responses to criminal incidents means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.(3) This subdivision does not preclude the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.(4) This subdivision does not reduce or eliminate the requirements of Section 32282.(g) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 185 | | - | |
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| 186 | | - | 32281. (a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive.(b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school.(2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members:(A) The principal or the principals designee.(B) One teacher who is a representative of the recognized certificated employee organization.(C) One parent whose child attends the school.(D) One classified employee who is a representative of the recognized classified employee organization.(E) Other members, if desired.(3) The schoolsite council shall consult with a representative from a law enforcement agency, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan. The comprehensive school safety plan and any updates to the plan shall be shared with the law enforcement agency, the fire department, and the other first responder entities.(4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee.(c) This article does not limit or take away the authority of school boards as guaranteed under this code.(d) (1)Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), district if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite.(2)As used in this article, small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(e) (1) When a principal or his or her designee their designee, including the principal of a charter school or their designee, verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime or sex offense on the schoolsite of an elementary or secondary school at which he or she is they are the principal, the principal or the principals designee may send to each pupils parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or his or her their designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular workday after the verification. If, at the time of verification, local law enforcement officials determine that notification of the violent crime or sex offense would hinder an ongoing investigation, the notification authorized by this subdivision shall be made within a reasonable period of time, to be determined by the local law enforcement agency and the school district.For purposes of this section, an act considered a violent crime shall meet the definition of Section 67381 and be an act for which a pupil could or would be expelled pursuant to Section 48915. district or charter school, as applicable.(2) This subdivision does not create any liability in a school district or its district, charter school, or their employees for complying with paragraph (1).(f) (1) Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a comprehensive school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she the representative chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents.(2) As used in this article, tactical responses to criminal incidents means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators.(3) This subdivision does not preclude the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session.(4) This subdivision does not reduce or eliminate the requirements of Section 32282.(g) For purposes of this article, the following definitions apply:(1) Sex offense has the same meaning as defined in Section 44010.(2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year.(3) Violent crime means any of the following:(A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381.(B) An act for which a pupil could or would be expelled pursuant to Section 48915.(C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code.(D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 187 | | - | |
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| 188 | | - | |
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| 189 | | - | |
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| 190 | | - | 32281. (a) Each school district and county office of education is responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. |
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| 191 | | - | |
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| 192 | | - | (b) (1) Except as provided in subdivision (d) with regard to a small school district, the schoolsite council established pursuant to former Section 52012, as it existed before July 1, 2005, or Section 52852 shall write and develop a comprehensive school safety plan relevant to the needs and resources of that particular school. |
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| 193 | | - | |
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| 194 | | - | (2) The schoolsite council may delegate this responsibility to a school safety planning committee made up of the following members: |
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| 195 | | - | |
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| 196 | | - | (A) The principal or the principals designee. |
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| 197 | | - | |
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| 198 | | - | (B) One teacher who is a representative of the recognized certificated employee organization. |
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| 199 | | - | |
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| 200 | | - | (C) One parent whose child attends the school. |
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| 201 | | - | |
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| 202 | | - | (D) One classified employee who is a representative of the recognized classified employee organization. |
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| 203 | | - | |
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| 204 | | - | (E) Other members, if desired. |
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| 205 | | - | |
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| 206 | | - | (3) The schoolsite council shall consult with a representative from a law enforcement agency, a fire department, and other first responder entities in the writing and development of the comprehensive school safety plan. The comprehensive school safety plan and any updates to the plan shall be shared with the law enforcement agency, the fire department, and the other first responder entities. |
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| 207 | | - | |
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| 208 | | - | (4) In the absence of a schoolsite council, the members specified in paragraph (2) shall serve as the school safety planning committee. |
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| 209 | | - | |
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| 210 | | - | (c) This article does not limit or take away the authority of school boards as guaranteed under this code. |
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| 211 | | - | |
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| 212 | | - | (d) (1)Subdivision (b) shall not apply to a small school district, as defined in paragraph (2), district if the small school district develops a districtwide comprehensive school safety plan that is applicable to each schoolsite. |
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| 213 | | - | |
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| 214 | | - | (2)As used in this article, small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year. |
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| 215 | | - | |
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| 216 | | - | |
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| 217 | | - | |
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| 218 | | - | (e) (1) When a principal or his or her designee their designee, including the principal of a charter school or their designee, verifies through local law enforcement officials that a report has been filed of the occurrence of a violent crime or sex offense on the schoolsite of an elementary or secondary school at which he or she is they are the principal, the principal or the principals designee may send to each pupils parent or legal guardian and each school employee a written notice of the occurrence and general nature of the crime. If the principal or his or her their designee chooses to send the written notice, the Legislature encourages the notice be sent no later than the end of business on the second regular workday after the verification. If, at the time of verification, local law enforcement officials determine that notification of the violent crime or sex offense would hinder an ongoing investigation, the notification authorized by this subdivision shall be made within a reasonable period of time, to be determined by the local law enforcement agency and the school district.For purposes of this section, an act considered a violent crime shall meet the definition of Section 67381 and be an act for which a pupil could or would be expelled pursuant to Section 48915. district or charter school, as applicable. |
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| 219 | | - | |
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| 220 | | - | (2) This subdivision does not create any liability in a school district or its district, charter school, or their employees for complying with paragraph (1). |
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| 221 | | - | |
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| 222 | | - | (f) (1) Notwithstanding subdivision (b), a school district or county office of education may, in consultation with law enforcement officials, elect to not have its schoolsite council develop and write those portions of its comprehensive school safety plan that include tactical responses to criminal incidents that may result in death or serious bodily injury at the schoolsite. The portions of a comprehensive school safety plan that include tactical responses to criminal incidents may be developed by administrators of the school district or county office of education in consultation with law enforcement officials and with a representative of an exclusive bargaining unit of employees of that school district or county office of education, if he or she the representative chooses to participate. The school district or county office of education may elect not to disclose those portions of the comprehensive school safety plan that include tactical responses to criminal incidents. |
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| 223 | | - | |
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| 224 | | - | (2) As used in this article, tactical responses to criminal incidents means steps taken to safeguard pupils and staff, to secure the affected school premises, and to apprehend the criminal perpetrator or perpetrators. |
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| 225 | | - | |
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| 226 | | - | (3) This subdivision does not preclude the governing board of a school district or county office of education from conferring in a closed session with law enforcement officials pursuant to Section 54957 of the Government Code to approve a tactical response plan developed in consultation with those officials pursuant to this subdivision. Any vote to approve the tactical response plan shall be announced in open session following the closed session. |
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| 227 | | - | |
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| 228 | | - | (4) This subdivision does not reduce or eliminate the requirements of Section 32282. |
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| 229 | | - | |
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| 230 | | - | (g) For purposes of this article, the following definitions apply: |
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| 231 | | - | |
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| 232 | | - | (1) Sex offense has the same meaning as defined in Section 44010. |
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| 233 | | - | |
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| 234 | | - | (2) Small school district means a school district that has fewer than 2,501 units of average daily attendance at the beginning of each fiscal year. |
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| 235 | | - | |
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| 236 | | - | (3) Violent crime means any of the following: |
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| 237 | | - | |
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| 238 | | - | (A) An act defined or described in paragraphs (2) to (4), inclusive, of subdivision (i) of Section 67381. |
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| 239 | | - | |
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| 240 | | - | (B) An act for which a pupil could or would be expelled pursuant to Section 48915. |
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| 241 | | - | |
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| 242 | | - | (C) A violent felony pursuant to subdivision (c) of Section 667.5 of the Penal Code. |
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| 243 | | - | |
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| 244 | | - | (D) A serious felony pursuant to subdivision (c) of Section 1192.7 of the Penal Code. |
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| 245 | | - | |
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| 246 | | - | SEC. 4. Section 32282 of the Education Code is amended to read:32282. (a) The comprehensive school safety plan shall include, but not be limited to, all of the following:(1) (A) Assessing the current status of school crime committed on school campuses and at school-related functions.(B) When a charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, it shall include assessing the current status of crime committed on the charter schools campus and at school-related functions.(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:(A) (i) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.(ii) When a comprehensive school safety plan or charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, procedures specifically designed to address the supervision and protection of children from child abuse or sex offenses.(B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:(I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:(ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.(ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.(ic) Protective measures to be taken before, during, and following an earthquake.(id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.(II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.(III) (ia) Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.(ib) Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.(ic) For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.(ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).(iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.(II) Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.(iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.(H) A safe and orderly environment conducive to learning at the school.(I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.(J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.(K) If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:(i) (I) The school shall not conduct a high-intensity drill.(II) For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.(ii) The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.(iii) The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:(I) Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.(II) Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.(III) The ability for parents or guardians to opt their child or children out of the drills.(IV) An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.(V) A notice to all parents and guardians after the drill has concluded.(VI) The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.(L) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.(M) (i) When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.(ii) The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.(N) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.(3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:(i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.(ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.(B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.(C) (i) For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.(ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.(D) This paragraph applies to school districts, county offices of education, and charter schools.(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.(g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.(h) On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. |
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| 248 | | - | SEC. 4. Section 32282 of the Education Code is amended to read: |
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| 250 | | - | ### SEC. 4. |
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| 252 | | - | 32282. (a) The comprehensive school safety plan shall include, but not be limited to, all of the following:(1) (A) Assessing the current status of school crime committed on school campuses and at school-related functions.(B) When a charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, it shall include assessing the current status of crime committed on the charter schools campus and at school-related functions.(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:(A) (i) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.(ii) When a comprehensive school safety plan or charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, procedures specifically designed to address the supervision and protection of children from child abuse or sex offenses.(B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:(I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:(ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.(ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.(ic) Protective measures to be taken before, during, and following an earthquake.(id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.(II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.(III) (ia) Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.(ib) Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.(ic) For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.(ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).(iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.(II) Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.(iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.(H) A safe and orderly environment conducive to learning at the school.(I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.(J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.(K) If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:(i) (I) The school shall not conduct a high-intensity drill.(II) For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.(ii) The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.(iii) The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:(I) Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.(II) Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.(III) The ability for parents or guardians to opt their child or children out of the drills.(IV) An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.(V) A notice to all parents and guardians after the drill has concluded.(VI) The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.(L) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.(M) (i) When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.(ii) The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.(N) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.(3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:(i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.(ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.(B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.(C) (i) For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.(ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.(D) This paragraph applies to school districts, county offices of education, and charter schools.(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.(g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.(h) On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. |
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| 254 | | - | 32282. (a) The comprehensive school safety plan shall include, but not be limited to, all of the following:(1) (A) Assessing the current status of school crime committed on school campuses and at school-related functions.(B) When a charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, it shall include assessing the current status of crime committed on the charter schools campus and at school-related functions.(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:(A) (i) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.(ii) When a comprehensive school safety plan or charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, procedures specifically designed to address the supervision and protection of children from child abuse or sex offenses.(B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:(I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:(ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.(ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.(ic) Protective measures to be taken before, during, and following an earthquake.(id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.(II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.(III) (ia) Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.(ib) Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.(ic) For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.(ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).(iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.(II) Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.(iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.(H) A safe and orderly environment conducive to learning at the school.(I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.(J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.(K) If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:(i) (I) The school shall not conduct a high-intensity drill.(II) For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.(ii) The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.(iii) The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:(I) Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.(II) Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.(III) The ability for parents or guardians to opt their child or children out of the drills.(IV) An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.(V) A notice to all parents and guardians after the drill has concluded.(VI) The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.(L) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.(M) (i) When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.(ii) The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.(N) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.(3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:(i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.(ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.(B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.(C) (i) For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.(ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.(D) This paragraph applies to school districts, county offices of education, and charter schools.(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.(g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.(h) On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. |
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| 255 | | - | |
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| 256 | | - | 32282. (a) The comprehensive school safety plan shall include, but not be limited to, all of the following:(1) (A) Assessing the current status of school crime committed on school campuses and at school-related functions.(B) When a charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, it shall include assessing the current status of crime committed on the charter schools campus and at school-related functions.(2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following:(A) (i) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.(ii) When a comprehensive school safety plan or charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, procedures specifically designed to address the supervision and protection of children from child abuse or sex offenses.(B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following:(I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:(ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.(ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools.(ic) Protective measures to be taken before, during, and following an earthquake.(id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.(II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.(III) (ia) Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries.(ib) Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate.(ic) For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code.(ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i).(iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable.(II) Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted.(iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information.(C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.(D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079.(E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.(F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950.(G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.(H) A safe and orderly environment conducive to learning at the school.(I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.(J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.(K) If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill:(i) (I) The school shall not conduct a high-intensity drill.(II) For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant.(ii) The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill.(iii) The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following:(I) Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals.(II) Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time.(III) The ability for parents or guardians to opt their child or children out of the drills.(IV) An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded.(V) A notice to all parents and guardians after the drill has concluded.(VI) The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources.(L) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school.(M) (i) When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds.(ii) The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan.(N) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose.(3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following:(i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs.(ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school.(B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs.(C) (i) For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section.(ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended.(D) This paragraph applies to school districts, county offices of education, and charter schools.(b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety.(c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.(d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.(e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.(f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.(g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.(h) On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. |
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| 257 | | - | |
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| 258 | | - | |
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| 259 | | - | |
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| 260 | | - | 32282. (a) The comprehensive school safety plan shall include, but not be limited to, all of the following: |
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| 261 | | - | |
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| 262 | | - | (1) (A) Assessing the current status of school crime committed on school campuses and at school-related functions. |
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| 263 | | - | |
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| 264 | | - | (B) When a charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, it shall include assessing the current status of crime committed on the charter schools campus and at school-related functions. |
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| 265 | | - | |
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| 266 | | - | (2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the schools procedures for complying with existing laws related to school safety, which shall include the development of all of the following: |
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| 267 | | - | |
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| 268 | | - | (A) (i) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. |
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| 269 | | - | |
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| 270 | | - | (ii) When a comprehensive school safety plan or charter schools school safety plan is next reviewed and updated, or by no later than July 1, 2026, procedures specifically designed to address the supervision and protection of children from child abuse or sex offenses. |
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| 271 | | - | |
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| 272 | | - | (B) (i) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.), and Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)). The disaster procedures shall also include, but not be limited to, all of the following: |
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| 273 | | - | |
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| 274 | | - | (I) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: |
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| 275 | | - | |
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| 276 | | - | (ia) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan. |
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| 277 | | - | |
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| 278 | | - | (ib) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once a school quarter in elementary schools and at least once a semester in secondary schools. |
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| 279 | | - | |
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| 280 | | - | (ic) Protective measures to be taken before, during, and following an earthquake. |
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| 281 | | - | |
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| 282 | | - | (id) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. |
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| 283 | | - | |
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| 284 | | - | (II) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community. |
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| 285 | | - | |
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| 286 | | - | (III) (ia) Commencing with the 202627 fiscal year, establishing a procedure to identify appropriate refuge shelter for all pupils and staff to be used in the event of an evacuation order by local authorities and notify the operational area having jurisdiction within the schools boundaries of this identified refuge, in order to first prioritize the safety of pupils and staff, and then the defense of that structure in the event of a fire. Each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, shall coordinate the procedure with the operational area having jurisdiction within the schools boundaries. For those schools under the jurisdiction of a school district or county office of education, the school district or county office of education shall be the entity that coordinates with the operational area having jurisdiction within each of the schools boundaries. |
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| 287 | | - | |
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| 288 | | - | (ib) Commencing with the 202627 fiscal year, the development by each public school, including a charter school, serving more than 50 pupils in kindergarten or any of grades 1 to 12, inclusive, that is in a high or very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code or Section 4204 of the Public Resources Code, of a communication and evacuation plan, to be used in the event of an early notice evacuation warning, that allows enough time to evacuate all pupils and staff. These plans shall clearly identify a decision process to determine whether an evacuation order is appropriate. |
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| 289 | | - | |
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| 290 | | - | (ic) For purposes of this subclause, operational area means an intermediate level of the state emergency services organization, consisting of a county and all political subdivisions within the county area, that serves as a link in the system of communication and coordination between the states emergency operation centers and the operating centers of the political subdivisions that make up the operational area, as described in subdivision (b) of Section 8559 of the Government Code and Section 8605 of the Government Code. |
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| 291 | | - | |
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| 292 | | - | (ii) The evaluation of a comprehensive school safety plan pursuant to subdivision (d) and the review of a school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable, shall include ensuring that the plan includes appropriate adaptations for pupils with disabilities, as required pursuant to clause (i). |
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| 293 | | - | |
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| 294 | | - | (iii) (I) After the first evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted, and after each annual evaluation or review thereafter, a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves may bring concerns about an individual pupils ability to access disaster safety procedures described in the comprehensive school safety plan or the school safety plan to the school principal. If the school principal determines there is merit to a concern, the principal shall direct the schoolsite council, school safety planning committee, or charter school, as applicable, to make appropriate modifications to the comprehensive school safety plan or school safety plan, as applicable, during the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. The school principal may direct the schoolsite council, the school safety planning committee, or the charter school, as applicable, to make such modifications before the evaluation of the comprehensive school safety plan pursuant to subdivision (d) or the review of the school safety plan pursuant to clause (iii) of subparagraph (F) of paragraph (5) of subdivision (c) of Section 47605 or clause (iii) of subparagraph (G) of paragraph (5) of subdivision (b) of Section 47605.6, as applicable. |
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| 295 | | - | |
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| 296 | | - | (II) Subclause (I) does not prohibit a school employee, a pupils parent, guardian, or educational rights holder, or a pupil themselves from bringing their concerns to the school principal before an evaluation or review, as applicable, for purposes of subdivision (d) and clause (ii) is conducted. |
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| 297 | | - | |
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| 298 | | - | (iv) All deliberations of the schoolsite council, school safety planning committee, or charter school, as applicable, related to individual pupils with disabilities for purposes of the requirements of clauses (i) to (iii), inclusive, shall be subject to applicable state and federal laws regarding the privacy of pupil information. |
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| 299 | | - | |
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| 300 | | - | (C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2. |
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| 301 | | - | |
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| 302 | | - | (D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. |
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| 303 | | - | |
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| 304 | | - | (E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. |
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| 305 | | - | |
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| 306 | | - | (F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing gang-related apparel, if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define gang-related apparel. The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this subparagraph, gang-related apparel shall not be considered a protected form of speech pursuant to Section 48950. |
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| 307 | | - | |
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| 308 | | - | (G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. |
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| 309 | | - | |
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| 310 | | - | (H) A safe and orderly environment conducive to learning at the school. |
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| 311 | | - | |
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| 312 | | - | (I) The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6. |
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| 313 | | - | |
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| 314 | | - | (J) Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community. |
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| 315 | | - | |
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| 316 | | - | (K) If a comprehensive school safety plan includes procedures to prepare for active shooters or other armed assailants by conducting a drill, a school shall comply with all of the following relating to the drill: |
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| 317 | | - | |
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| 318 | | - | (i) (I) The school shall not conduct a high-intensity drill. |
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| 319 | | - | |
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| 320 | | - | (II) For purposes of this clause, high-intensity drill means a drill that includes simulations that mimic an actual school shooter or other armed assailant incident, including, but not limited to, theatrical makeup or other materials to give an image of blood or gunshot wounds, acting by an individual posing to be the assailant, acting by individuals posing as victims, or simulations that instruct pupils to actively resist an assailant by throwing objects, attacking, or swarming the assailant. |
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| 321 | | - | |
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| 322 | | - | (ii) The school shall not include the use of real weapons, gunfire blanks, or explosions in the conducting of the drill. |
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| 323 | | - | |
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| 324 | | - | (iii) The school shall ensure a trauma-informed approach to the design and execution of any drill, which shall include all of the following: |
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| 325 | | - | |
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| 326 | | - | (I) Age-appropriate and developmentally appropriate drill content and terminology developed with the involvement of school personnel, including school-based mental health professionals. |
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| 327 | | - | |
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| 328 | | - | (II) Notice to all parents and guardians of pupils, teachers, administrators, and school personnel subject to the drills in advance of the drill and of the drills expected length of time. |
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| 329 | | - | |
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| 330 | | - | (III) The ability for parents or guardians to opt their child or children out of the drills. |
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| 331 | | - | |
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| 332 | | - | (IV) An announcement to pupils and educators immediately before the start of the drills and an announcement to pupils and educators immediately after the drills have concluded. |
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| 333 | | - | |
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| 334 | | - | (V) A notice to all parents and guardians after the drill has concluded. |
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| 335 | | - | |
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| 336 | | - | (VI) The provision of contact information for community-based resources, including local organizations with objectives to reduce gun violence or provide mental health counseling, to parents or guardians, pupils, and staff who are negatively impacted by the drills, and, where available, prioritizing school-based resources. |
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| 337 | | - | |
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| 338 | | - | (L) Procedures to assess and respond to reports of any dangerous, violent, or unlawful activity that is being conducted or threatened to be conducted at the school, at an activity sponsored by the school, or on a schoolbus serving the school. |
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| 339 | | - | |
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| 340 | | - | (M) (i) When a comprehensive school safety plan is next reviewed and updated on or after July 1, 2025, procedures to respond to incidents involving an individual experiencing a sudden cardiac arrest or a similar life-threatening medical emergency while on school grounds. |
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| 341 | | - | |
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| 342 | | - | (ii) The procedures described in clause (i) are encouraged to integrate evidence-based core elements, including any cardiopulmonary resuscitation training offered and the placement of any automated external defibrillator available on the schoolsite in accordance with nationally recognized evidence-based emergency cardiac care guidelines, as dictated by the school safety plan. |
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| 343 | | - | |
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| 344 | | - | (N) For schools that serve pupils in any of grades 7 to 12, inclusive, a protocol in the event a pupil is suffering or is reasonably believed to be suffering from an opioid overdose. |
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| 345 | | - | |
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| 346 | | - | (3) (A) Beginning July 1, 2025, an instructional continuity plan to establish communication with pupils and their families and provide instruction to pupils when in-person instruction is disrupted due to an emergency pursuant to Section 41422 or subdivision (a) of Section 46392. The plan shall include all the following: |
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| 347 | | - | |
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| 348 | | - | (i) Procedures for pupil engagement, as soon as practicable, and no later than five calendar days following the emergency. Procedures shall be designed to establish two-way communication with pupils and their families and identify and provide supports for pupils social-emotional, mental health, and academic needs. |
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| 349 | | - | |
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| 350 | | - | (ii) A plan to provide access to in-person instruction or remote instruction pursuant to Sections 51747 and 51749.5, as soon as practicable, but no later than 10 instructional days following the emergency. The plan may include support to pupils and families to enroll in or be temporarily reassigned to another school district, county office of education, or charter school. |
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| 351 | | - | |
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| 352 | | - | (B) Local educational agencies are encouraged to plan to meet instructional standards that are at least equivalent to those applicable to independent study programs. |
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| 353 | | - | |
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| 354 | | - | (C) (i) For purposes of this paragraph, temporarily reassigned means temporarily reassigned to another local educational agency outside of the school district, but within the county or an immediately adjacent county, in which the pupils parent or guardian resides. Notwithstanding Section 48200 or any other law, a pupil who is temporarily reassigned shall be deemed to have complied with the residency requirements for attendance in the local educational agency that is temporarily serving the pupil pursuant to this section. |
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| 355 | | - | |
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| 356 | | - | (ii) Notwithstanding Section 48200 or any other law, a school district, county office of education, or charter school may continue to enroll a pupil who is temporarily reassigned to another school district, county office of education, or charter school pursuant to this section in order to facilitate the timely reentry of the pupil in their prior school after the emergency event has ended. |
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| 357 | | - | |
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| 358 | | - | (D) This paragraph applies to school districts, county offices of education, and charter schools. |
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| 359 | | - | |
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| 360 | | - | (b) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed in partnership by the departments Safe Schools and Violence Prevention Center and the Attorney Generals Crime and Violence Prevention Center entitled Safe Schools: A Planning Guide for Action in conjunction with developing their plan for school safety. |
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| 361 | | - | |
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| 362 | | - | (c) Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees. |
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| 363 | | - | |
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| 364 | | - | (d) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public. |
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| 365 | | - | |
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| 366 | | - | (e) As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying. |
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| 367 | | - | |
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| 368 | | - | (f) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288. |
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| 369 | | - | |
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| 370 | | - | (g) The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary. |
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| 371 | | - | |
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| 372 | | - | (h) On or before March 1, 2025, the Superintendent shall develop and post on the departments internet website instructional continuity plan guidance, including guidance for continued academic and school engagement strategies during disruptions in instruction due to emergencies. |
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| 373 | | - | |
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| 374 | | - | SEC. 5. Section 44010 of the Education Code is amended to read:44010. Sex offense, as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below:(a) An offense defined in Section 220, 261, 261.5, 262, or 288.2, subdivision (c) of Section 290, Section 311.2, 313.1, or 528.5, 647b, or subdivision (a) or (d) of Section 647, or paragraph (2) of subdivision (c) of Section 647.6, of the Penal Code.(b) An offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(c) An offense defined in Section 314 of the Penal Code committed on or after September 15, 1961.(d) An offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961.(e) An offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961.(f) An offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(g) An offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 197576 Regular Session of the Legislature committed before the effective date of the amendment.(h) An attempt to commit any of the offenses specified in this section.(i) An offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section.(j) A conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code.(k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981. |
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| 375 | | - | |
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| 376 | | - | SEC. 5. Section 44010 of the Education Code is amended to read: |
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| 377 | | - | |
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| 378 | | - | ### SEC. 5. |
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| 379 | | - | |
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| 380 | | - | 44010. Sex offense, as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below:(a) An offense defined in Section 220, 261, 261.5, 262, or 288.2, subdivision (c) of Section 290, Section 311.2, 313.1, or 528.5, 647b, or subdivision (a) or (d) of Section 647, or paragraph (2) of subdivision (c) of Section 647.6, of the Penal Code.(b) An offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(c) An offense defined in Section 314 of the Penal Code committed on or after September 15, 1961.(d) An offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961.(e) An offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961.(f) An offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(g) An offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 197576 Regular Session of the Legislature committed before the effective date of the amendment.(h) An attempt to commit any of the offenses specified in this section.(i) An offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section.(j) A conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code.(k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981. |
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| 381 | | - | |
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| 382 | | - | 44010. Sex offense, as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below:(a) An offense defined in Section 220, 261, 261.5, 262, or 288.2, subdivision (c) of Section 290, Section 311.2, 313.1, or 528.5, 647b, or subdivision (a) or (d) of Section 647, or paragraph (2) of subdivision (c) of Section 647.6, of the Penal Code.(b) An offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(c) An offense defined in Section 314 of the Penal Code committed on or after September 15, 1961.(d) An offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961.(e) An offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961.(f) An offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(g) An offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 197576 Regular Session of the Legislature committed before the effective date of the amendment.(h) An attempt to commit any of the offenses specified in this section.(i) An offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section.(j) A conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code.(k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981. |
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| 383 | | - | |
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| 384 | | - | 44010. Sex offense, as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below:(a) An offense defined in Section 220, 261, 261.5, 262, or 288.2, subdivision (c) of Section 290, Section 311.2, 313.1, or 528.5, 647b, or subdivision (a) or (d) of Section 647, or paragraph (2) of subdivision (c) of Section 647.6, of the Penal Code.(b) An offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(c) An offense defined in Section 314 of the Penal Code committed on or after September 15, 1961.(d) An offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961.(e) An offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961.(f) An offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.(g) An offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 197576 Regular Session of the Legislature committed before the effective date of the amendment.(h) An attempt to commit any of the offenses specified in this section.(i) An offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section.(j) A conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code.(k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981. |
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| 385 | | - | |
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| 386 | | - | |
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| 387 | | - | |
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| 388 | | - | 44010. Sex offense, as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below: |
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| 389 | | - | |
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| 390 | | - | (a) An offense defined in Section 220, 261, 261.5, 262, or 288.2, subdivision (c) of Section 290, Section 311.2, 313.1, or 528.5, 647b, or subdivision (a) or (d) of Section 647, or paragraph (2) of subdivision (c) of Section 647.6, of the Penal Code. |
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| 391 | | - | |
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| 392 | | - | (b) An offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961. |
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| 393 | | - | |
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| 394 | | - | (c) An offense defined in Section 314 of the Penal Code committed on or after September 15, 1961. |
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| 395 | | - | |
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| 396 | | - | (d) An offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961. |
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| 397 | | - | |
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| 398 | | - | (e) An offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961. |
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| 399 | | - | |
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| 400 | | - | (f) An offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961. |
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| 401 | | - | |
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| 402 | | - | (g) An offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 197576 Regular Session of the Legislature committed before the effective date of the amendment. |
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| 403 | | - | |
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| 404 | | - | (h) An attempt to commit any of the offenses specified in this section. |
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| 405 | | - | |
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| 406 | | - | (i) An offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section. |
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| 407 | | - | |
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| 408 | | - | (j) A conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code. |
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| 409 | | - | |
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| 410 | | - | (k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981. |
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| 411 | | - | |
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| 412 | | - | SEC. 6. Section 44051 is added to the Education Code, immediately following Section 44050, to read:44051. (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a noncertificated position shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(b) For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment. |
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| 413 | | - | |
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| 414 | | - | SEC. 6. Section 44051 is added to the Education Code, immediately following Section 44050, to read: |
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| 415 | | - | |
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| 416 | | - | ### SEC. 6. |
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| 417 | | - | |
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| 418 | | - | 44051. (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a noncertificated position shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(b) For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment. |
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| 419 | | - | |
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| 420 | | - | 44051. (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a noncertificated position shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(b) For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment. |
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| 421 | | - | |
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| 422 | | - | 44051. (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a noncertificated position shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(b) For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment. |
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| 423 | | - | |
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| 424 | | - | |
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| 425 | | - | |
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| 426 | | - | 44051. (a) (1) A person applying for a noncertificated position at a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that the applicant has previously been an employee of. |
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| 427 | | - | |
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| 428 | | - | (2) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a noncertificated position shall inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing. |
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| 429 | | - | |
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| 430 | | - | (3) School districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession. |
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| 431 | | - | |
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| 432 | | - | (b) For purposes of this section, noncertificated employees include noncertificated temporary employees regardless of the length of their employment. |
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| 433 | | - | |
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| 434 | | - | SEC. 7. Section 44052 is added to the Education Code, immediately following Section 44051, to read:44052. (a) On or before July 1, 2027, the commission shall develop and establish a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school:(1) The name, date of birth, and a unique identification number of the noncertificated employee.(2) The name of the employer.(3) The starting date, ending date, if applicable, and title for each position held by the noncertificated employee.(4) The name of any employer that conducted an employee investigation for egregious misconduct, as defined in Section 44932, that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after January 1, 2027.(5) The date an investigation described in paragraph (4) was commenced.(6) The date a substantiated report described in paragraph (4) was filed.(b) The statewide data system established pursuant to subdivision (a) shall be accessible to all school district, county office of education, charter school, department-operated state special school and diagnostic center personnel who are responsible for employment, employee investigations, or hiring decisions.(c) Within 30 calendar days of hiring an individual for a noncertificated position, or the start of a new or additional noncertificated position, the employer shall provide the name, title, and start date of the noncertificated position held to the statewide data system established pursuant to subdivision (a).(d) Within 10 calendar days of a noncertificated employee leaving a position, the employer shall provide the final date of employment or final date in a specific noncertificated position to the statewide data system established pursuant to subdivision (a).(e) (1) Following the start of an investigation of egregious misconduct, the employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced.(2) Statewide data system records shall indicate a pending status until the investigation results in a substantiated report.(3) Only substantiated reports shall result in a record in the statewide data system indicating the employer organization and position for which the investigation was conducted. No other investigatory outcomes shall result in a permanent record in the statewide data system indicating a substantiated report.(f) For purposes of this section, employer means a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. |
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| 435 | | - | |
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| 436 | | - | SEC. 7. Section 44052 is added to the Education Code, immediately following Section 44051, to read: |
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| 437 | | - | |
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| 438 | | - | ### SEC. 7. |
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| 439 | | - | |
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| 440 | | - | 44052. (a) On or before July 1, 2027, the commission shall develop and establish a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school:(1) The name, date of birth, and a unique identification number of the noncertificated employee.(2) The name of the employer.(3) The starting date, ending date, if applicable, and title for each position held by the noncertificated employee.(4) The name of any employer that conducted an employee investigation for egregious misconduct, as defined in Section 44932, that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after January 1, 2027.(5) The date an investigation described in paragraph (4) was commenced.(6) The date a substantiated report described in paragraph (4) was filed.(b) The statewide data system established pursuant to subdivision (a) shall be accessible to all school district, county office of education, charter school, department-operated state special school and diagnostic center personnel who are responsible for employment, employee investigations, or hiring decisions.(c) Within 30 calendar days of hiring an individual for a noncertificated position, or the start of a new or additional noncertificated position, the employer shall provide the name, title, and start date of the noncertificated position held to the statewide data system established pursuant to subdivision (a).(d) Within 10 calendar days of a noncertificated employee leaving a position, the employer shall provide the final date of employment or final date in a specific noncertificated position to the statewide data system established pursuant to subdivision (a).(e) (1) Following the start of an investigation of egregious misconduct, the employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced.(2) Statewide data system records shall indicate a pending status until the investigation results in a substantiated report.(3) Only substantiated reports shall result in a record in the statewide data system indicating the employer organization and position for which the investigation was conducted. No other investigatory outcomes shall result in a permanent record in the statewide data system indicating a substantiated report.(f) For purposes of this section, employer means a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. |
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| 441 | | - | |
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| 442 | | - | 44052. (a) On or before July 1, 2027, the commission shall develop and establish a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school:(1) The name, date of birth, and a unique identification number of the noncertificated employee.(2) The name of the employer.(3) The starting date, ending date, if applicable, and title for each position held by the noncertificated employee.(4) The name of any employer that conducted an employee investigation for egregious misconduct, as defined in Section 44932, that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after January 1, 2027.(5) The date an investigation described in paragraph (4) was commenced.(6) The date a substantiated report described in paragraph (4) was filed.(b) The statewide data system established pursuant to subdivision (a) shall be accessible to all school district, county office of education, charter school, department-operated state special school and diagnostic center personnel who are responsible for employment, employee investigations, or hiring decisions.(c) Within 30 calendar days of hiring an individual for a noncertificated position, or the start of a new or additional noncertificated position, the employer shall provide the name, title, and start date of the noncertificated position held to the statewide data system established pursuant to subdivision (a).(d) Within 10 calendar days of a noncertificated employee leaving a position, the employer shall provide the final date of employment or final date in a specific noncertificated position to the statewide data system established pursuant to subdivision (a).(e) (1) Following the start of an investigation of egregious misconduct, the employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced.(2) Statewide data system records shall indicate a pending status until the investigation results in a substantiated report.(3) Only substantiated reports shall result in a record in the statewide data system indicating the employer organization and position for which the investigation was conducted. No other investigatory outcomes shall result in a permanent record in the statewide data system indicating a substantiated report.(f) For purposes of this section, employer means a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. |
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| 443 | | - | |
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| 444 | | - | 44052. (a) On or before July 1, 2027, the commission shall develop and establish a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school:(1) The name, date of birth, and a unique identification number of the noncertificated employee.(2) The name of the employer.(3) The starting date, ending date, if applicable, and title for each position held by the noncertificated employee.(4) The name of any employer that conducted an employee investigation for egregious misconduct, as defined in Section 44932, that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after January 1, 2027.(5) The date an investigation described in paragraph (4) was commenced.(6) The date a substantiated report described in paragraph (4) was filed.(b) The statewide data system established pursuant to subdivision (a) shall be accessible to all school district, county office of education, charter school, department-operated state special school and diagnostic center personnel who are responsible for employment, employee investigations, or hiring decisions.(c) Within 30 calendar days of hiring an individual for a noncertificated position, or the start of a new or additional noncertificated position, the employer shall provide the name, title, and start date of the noncertificated position held to the statewide data system established pursuant to subdivision (a).(d) Within 10 calendar days of a noncertificated employee leaving a position, the employer shall provide the final date of employment or final date in a specific noncertificated position to the statewide data system established pursuant to subdivision (a).(e) (1) Following the start of an investigation of egregious misconduct, the employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced.(2) Statewide data system records shall indicate a pending status until the investigation results in a substantiated report.(3) Only substantiated reports shall result in a record in the statewide data system indicating the employer organization and position for which the investigation was conducted. No other investigatory outcomes shall result in a permanent record in the statewide data system indicating a substantiated report.(f) For purposes of this section, employer means a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. |
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| 445 | | - | |
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| 446 | | - | |
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| 447 | | - | |
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| 448 | | - | 44052. (a) On or before July 1, 2027, the commission shall develop and establish a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school: |
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| 449 | | - | |
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| 450 | | - | (1) The name, date of birth, and a unique identification number of the noncertificated employee. |
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| 451 | | - | |
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| 452 | | - | (2) The name of the employer. |
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| 453 | | - | |
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| 454 | | - | (3) The starting date, ending date, if applicable, and title for each position held by the noncertificated employee. |
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| 455 | | - | |
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| 456 | | - | (4) The name of any employer that conducted an employee investigation for egregious misconduct, as defined in Section 44932, that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after January 1, 2027. |
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| 457 | | - | |
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| 458 | | - | (5) The date an investigation described in paragraph (4) was commenced. |
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| 459 | | - | |
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| 460 | | - | (6) The date a substantiated report described in paragraph (4) was filed. |
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| 461 | | - | |
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| 462 | | - | (b) The statewide data system established pursuant to subdivision (a) shall be accessible to all school district, county office of education, charter school, department-operated state special school and diagnostic center personnel who are responsible for employment, employee investigations, or hiring decisions. |
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| 463 | | - | |
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| 464 | | - | (c) Within 30 calendar days of hiring an individual for a noncertificated position, or the start of a new or additional noncertificated position, the employer shall provide the name, title, and start date of the noncertificated position held to the statewide data system established pursuant to subdivision (a). |
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| 465 | | - | |
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| 466 | | - | (d) Within 10 calendar days of a noncertificated employee leaving a position, the employer shall provide the final date of employment or final date in a specific noncertificated position to the statewide data system established pursuant to subdivision (a). |
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| 467 | | - | |
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| 468 | | - | (e) (1) Following the start of an investigation of egregious misconduct, the employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced. |
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| 469 | | - | |
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| 470 | | - | (2) Statewide data system records shall indicate a pending status until the investigation results in a substantiated report. |
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| 471 | | - | |
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| 472 | | - | (3) Only substantiated reports shall result in a record in the statewide data system indicating the employer organization and position for which the investigation was conducted. No other investigatory outcomes shall result in a permanent record in the statewide data system indicating a substantiated report. |
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| 473 | | - | |
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| 474 | | - | (f) For purposes of this section, employer means a school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school. |
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| 475 | | - | |
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| 476 | | - | SEC. 8. Section 44691 of the Education Code, as added by Section 2 of Chapter 814 of the Statutes of 2024, is amended to read:44691. (a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect.(B) Reporting requirements for child abuse and neglect.(b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.(d) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.(e) This section shall become operative on July 1, 2025.(f) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. |
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| 477 | | - | |
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| 478 | | - | SEC. 8. Section 44691 of the Education Code, as added by Section 2 of Chapter 814 of the Statutes of 2024, is amended to read: |
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| 479 | | - | |
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| 480 | | - | ### SEC. 8. |
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| 481 | | - | |
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| 482 | | - | 44691. (a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect.(B) Reporting requirements for child abuse and neglect.(b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.(d) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.(e) This section shall become operative on July 1, 2025.(f) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. |
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| 483 | | - | |
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| 484 | | - | 44691. (a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect.(B) Reporting requirements for child abuse and neglect.(b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.(d) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.(e) This section shall become operative on July 1, 2025.(f) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. |
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| 485 | | - | |
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| 486 | | - | 44691. (a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect.(B) Reporting requirements for child abuse and neglect.(b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school.(d) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place.(e) This section shall become operative on July 1, 2025.(f) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. |
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| 487 | | - | |
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| 488 | | - | |
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| 489 | | - | |
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| 490 | | - | 44691. (a) The State Department of Education, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following: |
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| 491 | | - | |
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| 492 | | - | (1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the detection and reporting of child abuse, and post on the departments internet website links to existing training resources. |
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| 493 | | - | |
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| 494 | | - | (2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following: |
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| 495 | | - | |
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| 496 | | - | (A) Information on the identification of child abuse and neglect. |
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| 497 | | - | |
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| 498 | | - | (B) Reporting requirements for child abuse and neglect. |
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| 499 | | - | |
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| 500 | | - | (b) (1) The State Department of Education shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools, and their school personnel in California, regarding the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs. |
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| 501 | | - | |
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| 502 | | - | (2) The State Department of Education shall 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. |
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| 503 | | - | |
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| 504 | | - | (c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do the following: |
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| 505 | | - | |
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| 506 | | - | (1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. |
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| 507 | | - | |
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| 508 | | - | (B) Provide annual training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs. |
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| 509 | | - | |
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| 510 | | - | (C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year. |
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| 511 | | - | |
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| 512 | | - | (D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements. |
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| 513 | | - | |
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| 514 | | - | (2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school and diagnostic center, or charter school. |
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| 515 | | - | |
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| 516 | | - | (d) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools that do not use the online training module provided by the State Department of Social Services shall report to the State Department of Education the training being used in its place. |
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| 517 | | - | |
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| 518 | | - | (e) This section shall become operative on July 1, 2025. |
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| 519 | | - | |
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| 520 | | - | (f) This section shall become inoperative on July 1, 2026, and, as of January 1, 2027, is repealed. |
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| 521 | | - | |
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| 522 | | - | SEC. 9. Section 44691 is added to the Education Code, to read:44691. (a) The Superintendent, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the detection and reporting of child abuse and assault, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect and child sexual abuse and assault.(B) Reporting requirements for child abuse and neglect and child sexual abuse and assault.(b) (1) The Superintendent shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year and to volunteers upon commencing volunteer services.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment, or within six week of commencing volunteer services. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(d) (1) 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 shall use an equivalent training module developed specifically to meet the requirements of this section and report that training to the Superintendent.(2) The alternative training module shall be approved by the public entity risk pool joint powers authority or liability insurance provider used by the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(e) This section shall become operative on July 1, 2026. |
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| 523 | | - | |
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| 524 | | - | SEC. 9. Section 44691 is added to the Education Code, to read: |
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| 525 | | - | |
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| 526 | | - | ### SEC. 9. |
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| 527 | | - | |
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| 528 | | - | 44691. (a) The Superintendent, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the detection and reporting of child abuse and assault, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect and child sexual abuse and assault.(B) Reporting requirements for child abuse and neglect and child sexual abuse and assault.(b) (1) The Superintendent shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year and to volunteers upon commencing volunteer services.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment, or within six week of commencing volunteer services. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(d) (1) 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 shall use an equivalent training module developed specifically to meet the requirements of this section and report that training to the Superintendent.(2) The alternative training module shall be approved by the public entity risk pool joint powers authority or liability insurance provider used by the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(e) This section shall become operative on July 1, 2026. |
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| 529 | | - | |
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| 530 | | - | 44691. (a) The Superintendent, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the detection and reporting of child abuse and assault, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect and child sexual abuse and assault.(B) Reporting requirements for child abuse and neglect and child sexual abuse and assault.(b) (1) The Superintendent shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year and to volunteers upon commencing volunteer services.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment, or within six week of commencing volunteer services. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(d) (1) 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 shall use an equivalent training module developed specifically to meet the requirements of this section and report that training to the Superintendent.(2) The alternative training module shall be approved by the public entity risk pool joint powers authority or liability insurance provider used by the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(e) This section shall become operative on July 1, 2026. |
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| 531 | | - | |
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| 532 | | - | 44691. (a) The Superintendent, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following:(1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the detection and reporting of child abuse and assault, and post on the departments internet website links to existing training resources.(2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following:(A) Information on the identification of child abuse and neglect and child sexual abuse and assault.(B) Reporting requirements for child abuse and neglect and child sexual abuse and assault.(b) (1) The Superintendent shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(2) The State Department of Education shall 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.(c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools shall do the following:(1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine.(B) Provide annual training on the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs.(C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year and to volunteers upon commencing volunteer services.(D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements.(2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment, or within six week of commencing volunteer services. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(d) (1) 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 shall use an equivalent training module developed specifically to meet the requirements of this section and report that training to the Superintendent.(2) The alternative training module shall be approved by the public entity risk pool joint powers authority or liability insurance provider used by the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school.(e) This section shall become operative on July 1, 2026. |
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| 533 | | - | |
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| 534 | | - | |
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| 535 | | - | |
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| 536 | | - | 44691. (a) The Superintendent, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, shall do all of the following: |
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| 537 | | - | |
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| 538 | | - | (1) Develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the detection and reporting of child abuse and assault, and post on the departments internet website links to existing training resources. |
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| 539 | | - | |
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| 540 | | - | (2) Provide statewide guidance on the responsibilities of mandated reporters who are school personnel in accordance with the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code). This guidance shall include, but not necessarily be limited to, both of the following: |
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| 541 | | - | |
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| 542 | | - | (A) Information on the identification of child abuse and neglect and child sexual abuse and assault. |
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| 543 | | - | |
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| 544 | | - | (B) Reporting requirements for child abuse and neglect and child sexual abuse and assault. |
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| 545 | | - | |
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| 546 | | - | (b) (1) The Superintendent shall develop and disseminate information to all school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools, and their school personnel and volunteers in California, regarding the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs. |
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| 547 | | - | |
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| 548 | | - | (2) The State Department of Education shall 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. |
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| 549 | | - | |
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| 550 | | - | (c) School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, private schools, and charter schools shall do the following: |
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| 551 | | - | |
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| 552 | | - | (1) (A) Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (d), to their employees, volunteers, and persons working on their behalf who are mandated reporters, as defined in Section 11165.7 of the Penal Code, pursuant to this section and subdivision (d) of Section 11165.7 of the Penal Code on the mandated reporting requirements. This training shall include information that failure to report an incident of known or reasonably suspected child abuse or neglect, as required by Section 11166 of the Penal Code, is a misdemeanor punishable by up to six months confinement in a county jail, or by a fine of one thousand dollars ($1,000), or by both that imprisonment and fine. |
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| 553 | | - | |
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| 554 | | - | (B) Provide annual training on the prevention of abuse, including sexual abuse and assault, of children on school grounds, by school personnel and volunteers, or in school-sponsored programs. |
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| 555 | | - | |
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| 556 | | - | (C) The training provided pursuant to subparagraphs (A) and (B) shall be provided to school personnel hired during the course of the school year and to volunteers upon commencing volunteer services. |
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| 557 | | - | |
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| 558 | | - | (D) It is the intent of the Legislature that the child abuse prevention content, as added by Assembly Bill 1913 of the 202324 Regular Session, will not add to the duration of training requirements pursuant to this section, as it read on January 1, 2024, but instead only alter the content of those training requirements. |
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| 559 | | - | |
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| 560 | | - | (2) Develop a process for all persons required to receive training pursuant to this section to provide proof of completing the training within the first six weeks of each school year or within the first six weeks of that persons employment, or within six week of commencing volunteer services. The process developed under this paragraph may include, but not necessarily be limited to, the use of a sign-in sheet or the submission of a certificate of completion to the applicable governing board or body of the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school. |
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| 561 | | - | |
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| 562 | | - | (d) (1) 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 shall use an equivalent training module developed specifically to meet the requirements of this section and report that training to the Superintendent. |
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| 563 | | - | |
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| 564 | | - | (2) The alternative training module shall be approved by the public entity risk pool joint powers authority or liability insurance provider used by the school district, county office of education, state special school or diagnostic center operated by the State Department of Education, private school, or charter school. |
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| 565 | | - | |
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| 566 | | - | (e) This section shall become operative on July 1, 2026. |
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| 567 | | - | |
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| 568 | | - | SEC. 10. Section 44939.5 of the Education Code is amended to read:44939.5. (a) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency.(b) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employees personnel file, nor shall they enter into an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted.(c) (1) A person applying for a certificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school or diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, and state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the local educational agency, school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring local educational agency school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(d) Any school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. |
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| 569 | | - | |
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| 570 | | - | SEC. 10. Section 44939.5 of the Education Code is amended to read: |
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| 571 | | - | |
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| 572 | | - | ### SEC. 10. |
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| 573 | | - | |
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| 574 | | - | 44939.5. (a) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency.(b) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employees personnel file, nor shall they enter into an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted.(c) (1) A person applying for a certificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school or diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, and state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the local educational agency, school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring local educational agency school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(d) Any school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. |
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| 575 | | - | |
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| 576 | | - | 44939.5. (a) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency.(b) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employees personnel file, nor shall they enter into an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted.(c) (1) A person applying for a certificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school or diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, and state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the local educational agency, school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring local educational agency school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(d) Any school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. |
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| 577 | | - | |
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| 578 | | - | 44939.5. (a) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency.(b) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employees personnel file, nor shall they enter into an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted.(c) (1) A person applying for a certificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school or diagnostic center operated by the department, and private school that the applicant has previously been an employee of.(2) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, and state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the local educational agency, school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing.(3) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring local educational agency school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession.(d) Any school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. |
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| 579 | | - | |
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| 580 | | - | |
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| 581 | | - | |
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| 582 | | - | 44939.5. (a) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not enter into an agreement that would prevent a mandatory report of egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, to the Commission on Teacher Credentialing or any other state or federal agency. |
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| 583 | | - | |
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| 584 | | - | (b) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools shall not expunge from an employees personnel file, nor shall they enter into an agreement that would authorize expunging from an employees personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932. This prohibition does not preclude removing, or entering into an agreement to remove, documents containing allegations that have been the subject of a hearing before an arbitrator, school board, personnel commission, Commission on Professional Competence, or administrative law judge, in which the employee prevailed, the allegations were determined to be false, not credible, or unsubstantiated, or a determination was made that the discipline was not warranted. |
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| 585 | | - | |
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| 586 | | - | (c) (1) A person applying for a certificated position at a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school shall provide that prospective employer with a complete list of every school district, county office of education, charter school, and state special school or diagnostic center operated by the department, and private school that the applicant has previously been an employee of. |
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| 587 | | - | |
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| 588 | | - | (2) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools considering an applicant for a certificated position shall inquire with each school district, county office of education, charter school, and state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as disclosed pursuant to paragraph (1), as to whether the applicant, while previously employed by the local educational agency, school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, that were required to be reported to the Commission on Teacher Credentialing. |
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| 589 | | - | |
|---|
| 590 | | - | (3) School districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department, and private schools that have made a report of an employees egregious misconduct to the Commission on Teacher Credentialing shall disclose this fact to a school district, county office of education, charter school, or state special school or diagnostic center operated by the department, or private school considering an application for employment from the employee, upon inquiry, and, notwithstanding any other law, shall provide the inquiring local educational agency school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school with a copy of all relevant information that was reported to the Commission on Teacher Credentialing, within its possession. |
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| 591 | | - | |
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| 592 | | - | (d) Any school employee who alleges that another school employee has engaged in egregious misconduct, as defined in paragraph (1) of subdivision (a) of Section 44932, knowing at the time of making the allegation that the allegation was false, shall be subject to certificate revocation, if applicable. |
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| 593 | | - | |
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| 594 | | - | SEC. 11. Section 51950 of the Education Code is amended to read:51950. (a) A Except as required by subdivision (d), a school district may provide abuse, including sexual abuse, abuse and assault, and human trafficking prevention education.(b) For purposes of this section, abuse, including sexual abuse, abuse and assault, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, abuse and assault, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.(c) The Superintendent, 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, shall do all of the following:(1) On or before July 1, 2026, develop, disseminate to all school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools, and post on the departments internet website, resources and information regarding all of the following:(A) Building awareness and understanding of appropriate boundaries regarding adult-to-pupil interactions and relationships.(B) Building awareness and understanding of appropriate professional boundaries between pupils and school personnel and volunteers.(C) Building awareness and understanding of appropriate pupil-to-pupil interactions and relationships.(D) Building awareness and understanding of the detection and indicators of inappropriate behaviors in adults and pupils, and strategies to reduce risk and establish healthy boundaries.(E) Options to report child abuse and assault, and inappropriate interactions and relationships, and to safely seek assistance.(2) On or before July 1, 2026, develop guidance on the appropriate means of instructing pupils regarding the prevention of abuse, including sexual abuse and assault, of pupils, consistent with all of the following:(A) The instruction shall be age appropriate and differentiated by grade and instructional setting.(B) The instruction shall include the prevention of abuse, including sexual abuse and assault, of children at home, in the community, on school grounds, by school personnel, other pupils, and school volunteers, or in school-sponsored programs.(C) The instruction shall be delivered by certificated personnel who do not otherwise have regular contact with the pupils receiving the instruction and who have received training described in subdivision (h).(d) Commencing July 1, 2027, school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall provide annual in-person instruction, using the resources, information, and guidance developed and disseminated by the Superintendent pursuant to subdivision (c), to all enrolled pupils.(c)(e) A parent or guardian of a pupil shall have the right to excuse his or her their child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, and from the instruction described in subdivision (d), consistent with Section 51938.(d)(f) The department Superintendent may make available on the departments Internet Web site internet website information about the education described in this section, resources on abuse, including sexual abuse, abuse and assault, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.(e)(g) A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.(f)(h) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, abuse and assault, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors. |
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| 595 | | - | |
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| 596 | | - | SEC. 11. Section 51950 of the Education Code is amended to read: |
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| 597 | | - | |
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| 598 | | - | ### SEC. 11. |
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| 599 | | - | |
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| 600 | | - | 51950. (a) A Except as required by subdivision (d), a school district may provide abuse, including sexual abuse, abuse and assault, and human trafficking prevention education.(b) For purposes of this section, abuse, including sexual abuse, abuse and assault, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, abuse and assault, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.(c) The Superintendent, 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, shall do all of the following:(1) On or before July 1, 2026, develop, disseminate to all school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools, and post on the departments internet website, resources and information regarding all of the following:(A) Building awareness and understanding of appropriate boundaries regarding adult-to-pupil interactions and relationships.(B) Building awareness and understanding of appropriate professional boundaries between pupils and school personnel and volunteers.(C) Building awareness and understanding of appropriate pupil-to-pupil interactions and relationships.(D) Building awareness and understanding of the detection and indicators of inappropriate behaviors in adults and pupils, and strategies to reduce risk and establish healthy boundaries.(E) Options to report child abuse and assault, and inappropriate interactions and relationships, and to safely seek assistance.(2) On or before July 1, 2026, develop guidance on the appropriate means of instructing pupils regarding the prevention of abuse, including sexual abuse and assault, of pupils, consistent with all of the following:(A) The instruction shall be age appropriate and differentiated by grade and instructional setting.(B) The instruction shall include the prevention of abuse, including sexual abuse and assault, of children at home, in the community, on school grounds, by school personnel, other pupils, and school volunteers, or in school-sponsored programs.(C) The instruction shall be delivered by certificated personnel who do not otherwise have regular contact with the pupils receiving the instruction and who have received training described in subdivision (h).(d) Commencing July 1, 2027, school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall provide annual in-person instruction, using the resources, information, and guidance developed and disseminated by the Superintendent pursuant to subdivision (c), to all enrolled pupils.(c)(e) A parent or guardian of a pupil shall have the right to excuse his or her their child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, and from the instruction described in subdivision (d), consistent with Section 51938.(d)(f) The department Superintendent may make available on the departments Internet Web site internet website information about the education described in this section, resources on abuse, including sexual abuse, abuse and assault, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.(e)(g) A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.(f)(h) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, abuse and assault, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors. |
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| 601 | | - | |
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| 602 | | - | 51950. (a) A Except as required by subdivision (d), a school district may provide abuse, including sexual abuse, abuse and assault, and human trafficking prevention education.(b) For purposes of this section, abuse, including sexual abuse, abuse and assault, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, abuse and assault, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.(c) The Superintendent, 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, shall do all of the following:(1) On or before July 1, 2026, develop, disseminate to all school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools, and post on the departments internet website, resources and information regarding all of the following:(A) Building awareness and understanding of appropriate boundaries regarding adult-to-pupil interactions and relationships.(B) Building awareness and understanding of appropriate professional boundaries between pupils and school personnel and volunteers.(C) Building awareness and understanding of appropriate pupil-to-pupil interactions and relationships.(D) Building awareness and understanding of the detection and indicators of inappropriate behaviors in adults and pupils, and strategies to reduce risk and establish healthy boundaries.(E) Options to report child abuse and assault, and inappropriate interactions and relationships, and to safely seek assistance.(2) On or before July 1, 2026, develop guidance on the appropriate means of instructing pupils regarding the prevention of abuse, including sexual abuse and assault, of pupils, consistent with all of the following:(A) The instruction shall be age appropriate and differentiated by grade and instructional setting.(B) The instruction shall include the prevention of abuse, including sexual abuse and assault, of children at home, in the community, on school grounds, by school personnel, other pupils, and school volunteers, or in school-sponsored programs.(C) The instruction shall be delivered by certificated personnel who do not otherwise have regular contact with the pupils receiving the instruction and who have received training described in subdivision (h).(d) Commencing July 1, 2027, school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall provide annual in-person instruction, using the resources, information, and guidance developed and disseminated by the Superintendent pursuant to subdivision (c), to all enrolled pupils.(c)(e) A parent or guardian of a pupil shall have the right to excuse his or her their child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, and from the instruction described in subdivision (d), consistent with Section 51938.(d)(f) The department Superintendent may make available on the departments Internet Web site internet website information about the education described in this section, resources on abuse, including sexual abuse, abuse and assault, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.(e)(g) A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.(f)(h) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, abuse and assault, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors. |
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| 603 | | - | |
|---|
| 604 | | - | 51950. (a) A Except as required by subdivision (d), a school district may provide abuse, including sexual abuse, abuse and assault, and human trafficking prevention education.(b) For purposes of this section, abuse, including sexual abuse, abuse and assault, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, abuse and assault, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance.(c) The Superintendent, 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, shall do all of the following:(1) On or before July 1, 2026, develop, disseminate to all school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools, and post on the departments internet website, resources and information regarding all of the following:(A) Building awareness and understanding of appropriate boundaries regarding adult-to-pupil interactions and relationships.(B) Building awareness and understanding of appropriate professional boundaries between pupils and school personnel and volunteers.(C) Building awareness and understanding of appropriate pupil-to-pupil interactions and relationships.(D) Building awareness and understanding of the detection and indicators of inappropriate behaviors in adults and pupils, and strategies to reduce risk and establish healthy boundaries.(E) Options to report child abuse and assault, and inappropriate interactions and relationships, and to safely seek assistance.(2) On or before July 1, 2026, develop guidance on the appropriate means of instructing pupils regarding the prevention of abuse, including sexual abuse and assault, of pupils, consistent with all of the following:(A) The instruction shall be age appropriate and differentiated by grade and instructional setting.(B) The instruction shall include the prevention of abuse, including sexual abuse and assault, of children at home, in the community, on school grounds, by school personnel, other pupils, and school volunteers, or in school-sponsored programs.(C) The instruction shall be delivered by certificated personnel who do not otherwise have regular contact with the pupils receiving the instruction and who have received training described in subdivision (h).(d) Commencing July 1, 2027, school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall provide annual in-person instruction, using the resources, information, and guidance developed and disseminated by the Superintendent pursuant to subdivision (c), to all enrolled pupils.(c)(e) A parent or guardian of a pupil shall have the right to excuse his or her their child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, and from the instruction described in subdivision (d), consistent with Section 51938.(d)(f) The department Superintendent may make available on the departments Internet Web site internet website information about the education described in this section, resources on abuse, including sexual abuse, abuse and assault, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils.(e)(g) A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors.(f)(h) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, abuse and assault, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors. |
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| 605 | | - | |
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| 606 | | - | |
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| 607 | | - | |
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| 608 | | - | 51950. (a) A Except as required by subdivision (d), a school district may provide abuse, including sexual abuse, abuse and assault, and human trafficking prevention education. |
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| 609 | | - | |
|---|
| 610 | | - | (b) For purposes of this section, abuse, including sexual abuse, abuse and assault, and human trafficking prevention education means instruction on the prevalence and nature of abuse, including sexual abuse, abuse and assault, and human trafficking, strategies to reduce risk, techniques to set healthy boundaries, and how to safely seek assistance. |
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| 611 | | - | |
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| 612 | | - | (c) The Superintendent, 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, shall do all of the following: |
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| 613 | | - | |
|---|
| 614 | | - | (1) On or before July 1, 2026, develop, disseminate to all school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools, and post on the departments internet website, resources and information regarding all of the following: |
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| 615 | | - | |
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| 616 | | - | (A) Building awareness and understanding of appropriate boundaries regarding adult-to-pupil interactions and relationships. |
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| 617 | | - | |
|---|
| 618 | | - | (B) Building awareness and understanding of appropriate professional boundaries between pupils and school personnel and volunteers. |
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| 619 | | - | |
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| 620 | | - | (C) Building awareness and understanding of appropriate pupil-to-pupil interactions and relationships. |
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| 621 | | - | |
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| 622 | | - | (D) Building awareness and understanding of the detection and indicators of inappropriate behaviors in adults and pupils, and strategies to reduce risk and establish healthy boundaries. |
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| 623 | | - | |
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| 624 | | - | (E) Options to report child abuse and assault, and inappropriate interactions and relationships, and to safely seek assistance. |
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| 625 | | - | |
|---|
| 626 | | - | (2) On or before July 1, 2026, develop guidance on the appropriate means of instructing pupils regarding the prevention of abuse, including sexual abuse and assault, of pupils, consistent with all of the following: |
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| 627 | | - | |
|---|
| 628 | | - | (A) The instruction shall be age appropriate and differentiated by grade and instructional setting. |
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| 629 | | - | |
|---|
| 630 | | - | (B) The instruction shall include the prevention of abuse, including sexual abuse and assault, of children at home, in the community, on school grounds, by school personnel, other pupils, and school volunteers, or in school-sponsored programs. |
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| 631 | | - | |
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| 632 | | - | (C) The instruction shall be delivered by certificated personnel who do not otherwise have regular contact with the pupils receiving the instruction and who have received training described in subdivision (h). |
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| 633 | | - | |
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| 634 | | - | (d) Commencing July 1, 2027, school districts, county offices of education, charter schools, state special schools and diagnostic centers operated by the department, and private schools shall provide annual in-person instruction, using the resources, information, and guidance developed and disseminated by the Superintendent pursuant to subdivision (c), to all enrolled pupils. |
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| 635 | | - | |
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| 636 | | - | (c) |
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| 637 | | - | |
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| 638 | | - | |
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| 639 | | - | |
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| 640 | | - | (e) A parent or guardian of a pupil shall have the right to excuse his or her their child from all or part of abuse, including sexual abuse, and human trafficking prevention education, and assessments related to that education, and from the instruction described in subdivision (d), consistent with Section 51938. |
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| 641 | | - | |
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| 642 | | - | (d) |
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| 643 | | - | |
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| 644 | | - | |
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| 645 | | - | |
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| 646 | | - | (f) The department Superintendent may make available on the departments Internet Web site internet website information about the education described in this section, resources on abuse, including sexual abuse, abuse and assault, and human trafficking prevention for professional learning purposes, and relevant materials for parents, guardians, and other caretakers of pupils. |
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| 647 | | - | |
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| 648 | | - | (e) |
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| 649 | | - | |
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| 650 | | - | |
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| 651 | | - | |
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| 652 | | - | (g) A school district is encouraged to collaborate with its countys child welfare probation, mental health, public health, and sheriffs departments, juvenile court, and office of education on intervention programs for pupils and other minors. |
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| 653 | | - | |
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| 654 | | - | (f) |
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| 655 | | - | |
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| 656 | | - | |
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| 657 | | - | |
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| 658 | | - | (h) As part of satisfying the requirements of Section 51934 that education be provided by instructors trained in the appropriate courses, as defined in Section 51931, continuation training shall be available and conducted periodically to enable school district personnel to learn about new developments in the understanding of abuse, including sexual abuse, abuse and assault, and human trafficking, and to receive instruction on current prevention efforts and methods. A school district is encouraged to include training on early identification of abuse, including sexual abuse, and human trafficking of pupils and other minors. |
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| 659 | | - | |
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| 660 | | - | SEC. 12. Section 288.3 of the Penal Code is amended to read:288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former Section 288a, or to otherwise commit a sex offense identified pursuant to Section 44010 of the Education Code, involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.(b) As used in this section, contacts or communicates with shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system. system, including, but not limited to, any social networking internet website or application.(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. |
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| 661 | | - | |
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| 662 | | - | SEC. 12. Section 288.3 of the Penal Code is amended to read: |
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| 663 | | - | |
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| 664 | | - | ### SEC. 12. |
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| 665 | | - | |
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| 666 | | - | 288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former Section 288a, or to otherwise commit a sex offense identified pursuant to Section 44010 of the Education Code, involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.(b) As used in this section, contacts or communicates with shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system. system, including, but not limited to, any social networking internet website or application.(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. |
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| 667 | | - | |
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| 668 | | - | 288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former Section 288a, or to otherwise commit a sex offense identified pursuant to Section 44010 of the Education Code, involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.(b) As used in this section, contacts or communicates with shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system. system, including, but not limited to, any social networking internet website or application.(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. |
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| 669 | | - | |
|---|
| 670 | | - | 288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former Section 288a, or to otherwise commit a sex offense identified pursuant to Section 44010 of the Education Code, involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense.(b) As used in this section, contacts or communicates with shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system. system, including, but not limited to, any social networking internet website or application.(c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. |
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| 671 | | - | |
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| 672 | | - | |
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| 673 | | - | |
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| 674 | | - | 288.3. (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former Section 288a, or to otherwise commit a sex offense identified pursuant to Section 44010 of the Education Code, involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense. |
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| 675 | | - | |
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| 676 | | - | (b) As used in this section, contacts or communicates with shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system. system, including, but not limited to, any social networking internet website or application. |
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| 677 | | - | |
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| 678 | | - | (c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. |
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| 679 | | - | |
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| 680 | | - | SEC. 13. Section 11165.7 of the Penal Code is amended to read:11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1)A teacher.(2)An instructional aide.(3)A teachers aide or teachers assistant employed by a public or private school.(4)A classified employee of a public school.(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(1) An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school.(2) An employee, volunteer, or board member of a public or private contractor to a school district, county office of education, charter school, or private school whose duties require contact or supervision of pupils at that school district, county office of education, charter school, or private school.(3) An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education.(4) [Reserved](5) [Reserved](6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(9) [Reserved](10) A licensee, an administrator, or an employee of a licensed community care or child daycare facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16)An employee of a school district police or security department.(16) [Reserved](17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a human resource employee is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.(49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the persons duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.(b) Except as provided in paragraph paragraphs (1), (2), (3), and (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools schools, and, commencing July 1, 2026, private schools, shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. |
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| 681 | | - | |
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| 682 | | - | SEC. 13. Section 11165.7 of the Penal Code is amended to read: |
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| 683 | | - | |
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| 684 | | - | ### SEC. 13. |
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| 685 | | - | |
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| 686 | | - | 11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1)A teacher.(2)An instructional aide.(3)A teachers aide or teachers assistant employed by a public or private school.(4)A classified employee of a public school.(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(1) An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school.(2) An employee, volunteer, or board member of a public or private contractor to a school district, county office of education, charter school, or private school whose duties require contact or supervision of pupils at that school district, county office of education, charter school, or private school.(3) An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education.(4) [Reserved](5) [Reserved](6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(9) [Reserved](10) A licensee, an administrator, or an employee of a licensed community care or child daycare facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16)An employee of a school district police or security department.(16) [Reserved](17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a human resource employee is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.(49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the persons duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.(b) Except as provided in paragraph paragraphs (1), (2), (3), and (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools schools, and, commencing July 1, 2026, private schools, shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. |
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| 687 | | - | |
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| 688 | | - | 11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1)A teacher.(2)An instructional aide.(3)A teachers aide or teachers assistant employed by a public or private school.(4)A classified employee of a public school.(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(1) An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school.(2) An employee, volunteer, or board member of a public or private contractor to a school district, county office of education, charter school, or private school whose duties require contact or supervision of pupils at that school district, county office of education, charter school, or private school.(3) An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education.(4) [Reserved](5) [Reserved](6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(9) [Reserved](10) A licensee, an administrator, or an employee of a licensed community care or child daycare facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16)An employee of a school district police or security department.(16) [Reserved](17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a human resource employee is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.(49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the persons duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.(b) Except as provided in paragraph paragraphs (1), (2), (3), and (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools schools, and, commencing July 1, 2026, private schools, shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. |
|---|
| 689 | | - | |
|---|
| 690 | | - | 11165.7. (a) As used in this article, mandated reporter is defined as any of the following:(1)A teacher.(2)An instructional aide.(3)A teachers aide or teachers assistant employed by a public or private school.(4)A classified employee of a public school.(5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school.(1) An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school.(2) An employee, volunteer, or board member of a public or private contractor to a school district, county office of education, charter school, or private school whose duties require contact or supervision of pupils at that school district, county office of education, charter school, or private school.(3) An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education.(4) [Reserved](5) [Reserved](6) An administrator of a public or private day camp.(7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization.(8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.(9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis.(9) [Reserved](10) A licensee, an administrator, or an employee of a licensed community care or child daycare facility.(11) A Head Start program teacher.(12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.(13) A public assistance worker.(14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.(15) A social worker, probation officer, or parole officer.(16)An employee of a school district police or security department.(16) [Reserved](17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.(18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.(19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.(20) A firefighter, except for volunteer firefighters.(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.(22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.(23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.(24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.(25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.(26) A state or county public health employee who treats a minor for venereal disease or any other condition.(27) A coroner.(28) A medical examiner or other person who performs autopsies.(29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency.(30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.(31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:(A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.(B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.(32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.(33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.(34) An employee of any police department, county sheriffs department, county probation department, or county welfare department.(35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.(36) A custodial officer, as defined in Section 831.5.(37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.(38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.(39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.(40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.(41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive.(43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.(B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.(44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions.(45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code.(46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.(47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code.(48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a human resource employee is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.(49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the persons duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.(b) Except as provided in paragraph paragraphs (1), (2), (3), and (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.(c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.(2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.(d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools schools, and, commencing July 1, 2026, private schools, shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility.(2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.(f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article.(g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. |
|---|
| 691 | | - | |
|---|
| 692 | | - | |
|---|
| 693 | | - | |
|---|
| 694 | | - | 11165.7. (a) As used in this article, mandated reporter is defined as any of the following: |
|---|
| 695 | | - | |
|---|
| 696 | | - | (1)A teacher. |
|---|
| 697 | | - | |
|---|
| 698 | | - | |
|---|
| 699 | | - | |
|---|
| 700 | | - | (2)An instructional aide. |
|---|
| 701 | | - | |
|---|
| 702 | | - | |
|---|
| 703 | | - | |
|---|
| 704 | | - | (3)A teachers aide or teachers assistant employed by a public or private school. |
|---|
| 705 | | - | |
|---|
| 706 | | - | |
|---|
| 707 | | - | |
|---|
| 708 | | - | (4)A classified employee of a public school. |
|---|
| 709 | | - | |
|---|
| 710 | | - | |
|---|
| 711 | | - | |
|---|
| 712 | | - | (5)An administrative officer or supervisor of child welfare and attendance, or a certificated pupil personnel employee of a public or private school. |
|---|
| 713 | | - | |
|---|
| 714 | | - | |
|---|
| 715 | | - | |
|---|
| 716 | | - | (1) An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school. |
|---|
| 717 | | - | |
|---|
| 718 | | - | (2) An employee, volunteer, or board member of a public or private contractor to a school district, county office of education, charter school, or private school whose duties require contact or supervision of pupils at that school district, county office of education, charter school, or private school. |
|---|
| 719 | | - | |
|---|
| 720 | | - | (3) An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education. |
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| 721 | | - | |
|---|
| 722 | | - | (4) [Reserved] |
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| 723 | | - | |
|---|
| 724 | | - | (5) [Reserved] |
|---|
| 725 | | - | |
|---|
| 726 | | - | (6) An administrator of a public or private day camp. |
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| 727 | | - | |
|---|
| 728 | | - | (7) An administrator or employee of a public or private youth center, youth recreation program, or youth organization. |
|---|
| 729 | | - | |
|---|
| 730 | | - | (8) An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency. |
|---|
| 731 | | - | |
|---|
| 732 | | - | (9)An employee of a county office of education or the State Department of Education whose duties bring the employee into contact with children on a regular basis. |
|---|
| 733 | | - | |
|---|
| 734 | | - | |
|---|
| 735 | | - | |
|---|
| 736 | | - | (9) [Reserved] |
|---|
| 737 | | - | |
|---|
| 738 | | - | (10) A licensee, an administrator, or an employee of a licensed community care or child daycare facility. |
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| 739 | | - | |
|---|
| 740 | | - | (11) A Head Start program teacher. |
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| 741 | | - | |
|---|
| 742 | | - | (12) A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11. |
|---|
| 743 | | - | |
|---|
| 744 | | - | (13) A public assistance worker. |
|---|
| 745 | | - | |
|---|
| 746 | | - | (14) An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities. |
|---|
| 747 | | - | |
|---|
| 748 | | - | (15) A social worker, probation officer, or parole officer. |
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| 749 | | - | |
|---|
| 750 | | - | (16)An employee of a school district police or security department. |
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| 751 | | - | |
|---|
| 752 | | - | |
|---|
| 753 | | - | |
|---|
| 754 | | - | (16) [Reserved] |
|---|
| 755 | | - | |
|---|
| 756 | | - | (17) A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school. |
|---|
| 757 | | - | |
|---|
| 758 | | - | (18) A district attorney investigator, inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor. |
|---|
| 759 | | - | |
|---|
| 760 | | - | (19) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section. |
|---|
| 761 | | - | |
|---|
| 762 | | - | (20) A firefighter, except for volunteer firefighters. |
|---|
| 763 | | - | |
|---|
| 764 | | - | (21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code. |
|---|
| 765 | | - | |
|---|
| 766 | | - | (22) An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. |
|---|
| 767 | | - | |
|---|
| 768 | | - | (23) A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code. |
|---|
| 769 | | - | |
|---|
| 770 | | - | (24) A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code. |
|---|
| 771 | | - | |
|---|
| 772 | | - | (25) An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code. |
|---|
| 773 | | - | |
|---|
| 774 | | - | (26) A state or county public health employee who treats a minor for venereal disease or any other condition. |
|---|
| 775 | | - | |
|---|
| 776 | | - | (27) A coroner. |
|---|
| 777 | | - | |
|---|
| 778 | | - | (28) A medical examiner or other person who performs autopsies. |
|---|
| 779 | | - | |
|---|
| 780 | | - | (29) A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, commercial film and photographic print or image processor means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does not include a person who develops film or makes prints or images for a public agency. |
|---|
| 781 | | - | |
|---|
| 782 | | - | (30) A child visitation monitor. As used in this article, child visitation monitor means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law. |
|---|
| 783 | | - | |
|---|
| 784 | | - | (31) An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings: |
|---|
| 785 | | - | |
|---|
| 786 | | - | (A) Animal control officer means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. |
|---|
| 787 | | - | |
|---|
| 788 | | - | (B) Humane society officer means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code. |
|---|
| 789 | | - | |
|---|
| 790 | | - | (32) A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, clergy member means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. |
|---|
| 791 | | - | |
|---|
| 792 | | - | (33) Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166. |
|---|
| 793 | | - | |
|---|
| 794 | | - | (34) An employee of any police department, county sheriffs department, county probation department, or county welfare department. |
|---|
| 795 | | - | |
|---|
| 796 | | - | (35) An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court. |
|---|
| 797 | | - | |
|---|
| 798 | | - | (36) A custodial officer, as defined in Section 831.5. |
|---|
| 799 | | - | |
|---|
| 800 | | - | (37) A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code. |
|---|
| 801 | | - | |
|---|
| 802 | | - | (38) An alcohol and drug counselor. As used in this article, an alcohol and drug counselor is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect. |
|---|
| 803 | | - | |
|---|
| 804 | | - | (39) A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code. |
|---|
| 805 | | - | |
|---|
| 806 | | - | (40) An associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code. |
|---|
| 807 | | - | |
|---|
| 808 | | - | (41) An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institutions premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code. |
|---|
| 809 | | - | |
|---|
| 810 | | - | (42) An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any combination of instruction for kindergarten, or grades 1 to 12, inclusive. |
|---|
| 811 | | - | |
|---|
| 812 | | - | (43) (A) A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, commercial computer technician means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code. |
|---|
| 813 | | - | |
|---|
| 814 | | - | (B) An employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172. |
|---|
| 815 | | - | |
|---|
| 816 | | - | (44) Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary educational institutions. |
|---|
| 817 | | - | |
|---|
| 818 | | - | (45) An individual certified by a licensed foster family agency as a certified family home, as defined in Section 1506 of the Health and Safety Code. |
|---|
| 819 | | - | |
|---|
| 820 | | - | (46) An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code. |
|---|
| 821 | | - | |
|---|
| 822 | | - | (47) A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional, as defined in Section 1374.73 of the Health and Safety Code and Section 10144.51 of the Insurance Code. |
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| 823 | | - | |
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| 824 | | - | (48) A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a human resource employee is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code. |
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| 825 | | - | |
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| 826 | | - | (49) An adult person whose duties require direct contact with and supervision of minors in the performance of the minors duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be construed to modify or limit the persons duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter. |
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| 827 | | - | |
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| 828 | | - | (b) Except as provided in paragraph paragraphs (1), (2), (3), and (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9. |
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| 829 | | - | |
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| 830 | | - | (c) (1) Except as provided in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5. |
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| 831 | | - | |
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| 832 | | - | (2) Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services. |
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| 833 | | - | |
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| 834 | | - | (d) Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools schools, and, commencing July 1, 2026, private schools, shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. |
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| 835 | | - | |
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| 836 | | - | (e) (1) On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility. |
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| 837 | | - | |
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| 838 | | - | (2) A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting. |
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| 839 | | - | |
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| 840 | | - | (f) Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this article. |
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| 841 | | - | |
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| 842 | | - | (g) Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect. |
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| 843 | | - | |
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| 844 | | - | SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 845 | | - | |
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| 846 | | - | SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 847 | | - | |
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| 848 | | - | SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 849 | | - | |
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| 850 | | - | ### SEC. 14. |
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| 851 | | - | |
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| 852 | | - | However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 853 | | - | |
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| 854 | | - | |
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| 855 | | - | |
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| 856 | | - | It is the intent of the Legislature to enact future legislation relating to Title IX of the Education Amendments of 1972. |
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