SB 848 significantly broadens child-safety and compliance obligations for California private schools, integrating private schools into California’s public-school child abuse prevention framework. While many of the obligations do not take effect until July 1, 2026 or July 1, 2027, some go into effect on January 1, 2026.
Beginning January 1, 2026, California private schools must:
Expand the Definition of Mandated Reporter:
- Mandated reporters, who are subject to the school’s mandated reporter policy and must sign an acknowledgement of that policy, now include volunteers (defined as individuals over 18 that interact with students outside of the immediate supervision/control of the student’s parent/guardian or a school employee), certain contractors, and Board members. Schools should provide these new mandated reporters with the same policy and acknowledgement form that its employees already receive.
Adopt New Hiring and Record Keeping Protocols:
- Applicants for all school positions must provide a complete list of all prior schools where they were employed. School should update their application forms to collect this information. LCW also recommends including language that the applicant understands and agrees that the hiring school will contact each prior employer regarding the applicant’s employment history.
- Before hiring, schools must contact each prior employer to determine whether the applicant was subject to credible complaints, substantiated investigations, or discipline for “egregious misconduct,” as defined in Section 44932 of the Education Code.
- Schools must also disclose to an inquiring employer if they have reported a former or current employee to the Commission on Teacher Credentialing (CTC). If they have, they must also provide all relevant information and supporting records to the inquiring school regarding the incident that led to the report. The law is less clear regarding whether the school must provide documentation on misconduct that was never reported to the CTC. LCW is available to advise schools regarding the considerations and potential risks of sharing that information.
- Moving forward, schools may not expunge or agree to remove credible complaints or substantiated egregious misconduct findings from personnel files, except where an arbitrator or investigator determined allegations were false, unsubstantiated, or discipline was unwarranted, and may not enter into severance or settlement agreements that restrict any party from disclosing or discussing substantiated findings of egregious misconduct or child abuse.
