Today's Law As Amended


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SB-1456 School employment: Sexual Abuse-Free Education (SAFE) Act.(2017-2018)



As Amends the Law Today


SECTION 1.

 Chapter 6 (commencing with Section 45600) is added to Part 25 of Division 3 of Title 2 of the Education Code, to read:

CHAPTER  6. Sexual Abuse-Free Education (SAFE) Act
45600.
 This chapter shall be known, and may be cited, as the Sexual Abuse-Free Education (SAFE) Act.
45601.
 (a) A school entity shall not knowingly hire a person as a certificated employee in a position involving direct contact with children if the person was determined by a current or former employer, as the result of an investigation, to be responsible for an act of child abuse or sexual misconduct with a pupil, unless the allegations of child abuse or sexual misconduct with a pupil were subsequently determined to be false.
(b) (1) When a school entity makes an offer of employment to an applicant for a certificated position involving direct contact with children, and before the applicant may accept the offer, the school entity shall contact the superintendent of the school district, or his or her designee, or the equivalent chief executive officer of a charter school or private school, for each of the school entities by which the applicant has been employed, and obtain all of the following information in writing:
(A) The dates of employment of the applicant.
(B) Whether the applicant was the subject of a substantiated investigation concerning child abuse or sexual misconduct with a pupil and the allegations were not determined to be false.
(C) Whether the applicant was accused of child abuse or sexual misconduct with a pupil and a substantiated investigation was not initiated or completed.
(D) Whether the applicant had a license or certification suspended or revoked while allegations of child abuse or sexual misconduct with a pupil were pending or due to a finding of child abuse or sexual misconduct with a pupil.
(2) If a school entity contacted pursuant to this subdivision possesses information related to the subject matter of subparagraphs (A) to (D), inclusive, of paragraph (1), that school entity shall share it with the requesting school employer.
(3) A school entity or school entity official shall not be subject to civil or criminal liability for the disclosure of information pursuant to this chapter unless the information was disclosed with the knowledge that it was false.
(4) Notwithstanding paragraph (3), a certificated school administrator who willfully fails to disclose information as required pursuant to this chapter may be disciplined by the Commission on Teacher Credentialing pursuant to Section 44421 or may be subject to an adverse action pursuant to Section 44242.5.
(c) When a school entity makes an offer of employment to an applicant for a certificated position involving direct contact with children, and before the applicant may accept the offer, the school entity shall require the applicant to provide a declaration in writing that he or she has not been determined by a current or former employer, as the result of a voluntary resignation or investigation, to be responsible for an act of child abuse or sexual misconduct with a pupil.
(d) For purposes of this chapter:
(1) A “school entity” is a school district, a county office of education, a charter school, or a private or parochial school.
(2) A “substantiated investigation” means a fair and objective inquiry consistent with the principles of due process, which will include the right to specific notice of the charges against the accused, an explanation of the employer’s evidence, and an opportunity to respond to the charges before being deprived of the property interest of his or her employment.
45602.
 A collective bargaining agreement, termination agreement, severance agreement, or other contract entered into after January 1, 2019, shall not prevent the disclosure of any information related to child abuse or sexual misconduct with a child, affect the ability of the school entity to report child abuse or sexual misconduct with a child, or require the school entity to expunge information relating to child abuse or sexual misconduct with a child from any document, unless the allegations of child abuse or sexual misconduct with a child are determined to be false.
SEC. 2.
 If the Commission on State Mandates determines that this act contains 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.