SB 848 amends existing law to expand the application of Mandated Reporting laws to private schools, state special schools, and diagnostic centers operated by the Department of Education to ensure safe and nurturing environments. This summary will focus on the additional requirements for local educational agencies (LEAs), which include school districts, county offices of education, and charter schools.
First, SB 848 expands the list of individuals who are identified as “mandated reporters” to also include the following:
(1) An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school. A volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee.
(2) An employee, volunteer, or board member of a public or private school, contractor to a school district, county office of education, charter school, state special school or diagnostic center operated by the State Department of Education, or private school whose duties require contact with or supervision of pupils at that school district, county office of education, charter school, state special school or diagnostic center operated by the State Department of Education, or private school.
(3) An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education.
Second, the bill expands existing instructional requirements to include instruction on child neglect, sexual abuse and assault, and prevention of abuse.
Third, on or before July 1, 2026, the governing board of an LEA must adopt written policies that address the following:
(1) promote safe environments for pupil learning and engagement that explicitly address professional boundaries between pupils and school employees, adult volunteers, school contractors, or adults under contract.
(2) Establish appropriate contact limits during or outside the school day between pupils and school employees, volunteers, and school contractors via social media internet platforms, text messages, and other communications that do not include the pupil’s parents or guardians. Policies may vary based on the age or grade of the pupil.
LEAs must also adopt written policies, plans, or specifications regarding school facilities and the furnishing of school facilities that address classroom and non-classroom environments to promote safe environments for learning and engagement that are easily supervised.
Fifth, the definition of “sex offense” and “violent crime” is revised to be more expansive.
Sixth, LEAs are required to revise their comprehensive school safety plans to address child neglect and to report all crimes happening on campus and campus-related activities. The bill also requires that all school staff be trained on comprehensive school safety plans. The comprehensive school plans must be revised during the next update cycle and no later than July 1, 2026. The plans shall include procedures specifically designed to address the supervision and protection of children from child abuse or neglect or sex offenses, as defined.
Seventh, the bill requires that all persons applying for a noncertificated position with an LEA must provide the LEA with a complete list of every LEA, state special school, and diagnostic center operated by the Education Department, and private school that the applicant previously worked. The LEA is required to contact all the educational agencies listed and ask if the applicant, while employed, was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct as defined that were used to support a substantiated investigation. Additionally, the bill provides that any report by an LEA to the Commission on Teacher Credentialing of a certificated employee’s egregious misconduct must also be reported in response to any inquiry made by an LEA, state special school, or diagnostic center operated by the Department or private school.
Eighth, the bill requires that the Commission on Teacher Credentialing establish a database of noncertificated positions for LEAs and private schools. The information collected shall include:
(1) The name, date of birth, and a unique identification number of the employee.
(2) The name of the school employer.
(3) The starting date, ending date, if applicable, and title for each school position held by the employee.
(4) The name of any local educational agency or private school employer that conducted an employee investigation for egregious misconduct that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after July 1, 2027.
(5) The date the investigation started.
(6) The date the substantiated report was filed with the Commission.
The LEAs and private schools shall submit the above information to the Commission within 30 calendar days of hiring an individual for a non-credited position. If the individual’s job title changes, the change must be reported. Additionally, within 10 calendar days of the employee leaving their position, the employing educational agency must notify the Commission of the start date of employment or the final date in the position. The bill also requires that an employer report within 10 calendar days of starting an investigation of egregious misconduct. Within 10 calendar days of completing the investigation of egregious misconduct, the LEA or private school must notify the Commission of the results.
Finally, the State Department of Education, in consultation with the Office of Child Abuse Prevention, shall prepare instructional material and information to educate pupils on abuse, neglect, and assault. A pupil’s parent or guardian has the right to sign an opt-out slip for the child.
(SB 848 amends Sections 32280, 32281, 32282, 44010, 44242.5, 44830.1, 44939.5, and 51950 of, amends, repeals, and adds Section 44691 of, adds Sections 44051 and 44052 to, and adds Article 10 (commencing with Section 32100) to Chapter 1 of Part 19 of Division 1 of Title 1 of, the Education Code, and amends Section 11165.7 of the Penal Code.)