Bill Text: CA AB2708 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2708 (Prior Session Legislation)

Bill Title: School employees: confidentiality agreements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-03-28 - Re-referred to Com. on ED. [AB2708 Detail]

Download: California-2021-AB2708-Amended.html

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2708

Introduced by Assembly Member Wicks

February 18, 2022

An act to ~~amend Section 44691 of~~ add Section 44051 to the Education Code, relating to ~~pupil safety.~~ school employees.

LEGISLATIVE COUNSEL'S DIGEST

AB 2708, as amended, Wicks. ~~Pupil safety: child abuse prevention: training.~~ School employees: confidentiality agreements.

Existing law establishes a system of public elementary and secondary schools in this state and authorizes local educational agencies throughout the state to operate schools and provide instruction to pupils in kindergarten and grades 1 to 12, inclusive. Existing law requires local education agencies and other entities that maintain a section on employee interactions with pupils in their employee code of conduct to provide a written copy of that section to each parent or guardian at the beginning of each school year, as provided, and to post that section on each of its schools’, and its own, internet website, as specified.
Existing law prohibits local educational agencies from entering into an agreement that would prevent a mandatory report of egregious misconduct, as defined, to the Commission on Teacher Credentialing or any other state or federal agency, and requires local educational agencies that made a report of an employee’s egregious misconduct to the Commission on Teacher Credentialing to disclose that fact to another local educational agency considering an application for employment from the employee, upon inquiry. Existing law prohibits local educational agencies from expunging from an employee’s personnel file, or entering into an agreement that would authorize expunging from an employee’s personnel file, credible complaints of, substantiated investigations into, or discipline for, egregious misconduct.
This bill would, on or after January 1, 2023, prohibit school districts, county offices of education, and charter schools, and their officers and employees, from entering into, or extending or renewing, confidentiality agreements, as defined, with an employee under investigation for complaints of misconduct related to harassment or assault of a pupil, or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation. The bill would also prohibit those local educational agencies and their officers and employees from favorably recommending, or otherwise facilitating or promoting, the employment of those persons with another local educational agency.
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, establish best practices for school personnel to prevent abuse and post on the department’s internet website links to existing training resources.
~~This bill would make a nonsubstantive change to that provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 44051 is added to the Education Code, to read:

44051.
(a) On or after January 1, 2023, a local educational agency, and any officer or employee of a local educational agency, shall not do either of the following:
(1) Enter into, or extend or renew, a confidentiality agreement with an employee under investigation for complaints of misconduct related to harassment or assault of a pupil or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation.
(2) Provide a favorable recommendation for, or otherwise facilitate or promote, the employment of an employee with another local educational agency who is under investigation for complaints of misconduct related to harassment or assault of a pupil, or who has had complaints of misconduct related to harassment or assault of a pupil substantiated against them by an investigation.
(b) As used in this section:
(1) “Confidentiality agreement” means a contract or other binding agreement, including a separation agreement, that includes, but is not necessarily limited to, a commitment by the local educational agency that it will not disclose information relating to an employee under investigation for misconduct related to harassment or assault of a pupil or who has had accusations of misconduct related to harassment or assault of a pupil substantiated against them by an investigation.
(2) “Employee” means a person who is actively employed by the local educational agency or a former employee who has resigned or been terminated.
(3) “Local educational agency” means a school district, county office of education, or charter school.
(4) “Misconduct related to harassment or assault of a pupil” includes, but is not limited to, “assault,” as defined in Section 240 of the Penal Code, and “harassment,” as defined in either subdivision (b) of Section 527.6 of the Code of Civil Procedure or in paragraph (1) of subdivision (c) of Section 653.2 of the Penal Code.

SECTION 1.Section 44691 of the Education Code 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.
(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.~~
(3)Develop appropriate means of instructing school personnel in the detection of child abuse and neglect and the proper action that school personnel should take in suspected cases of child abuse and neglect, including, but not limited to, an online training module to be provided by the State Department of Social Services.
(4)Establish best practices for school personnel to prevent abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and post on the department’s internet website links to existing training resources.
~~(b)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools shall do both of the following:~~
(1)Provide annual training, using the online training module provided by the State Department of Social Services or as provided in subdivision (c), 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. Mandated reporter training shall be provided to school personnel hired during the course of the school year. 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.
(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 person’s 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.
(c)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.
(d)School districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, and charter schools are encouraged to participate in training on the prevention of abuse, including sexual abuse, of children on school grounds, by school personnel, or in school-sponsored programs, and are also encouraged to provide all school employees with that training at least once every three years.