Senate Bill 531 – Requires Specific Employees Of Organizations That Offer Employment Opportunities To Public School Pupil Submit To Background Checks

The Education Code requires any entity that has a contract with a school district, county office of education, or charter school (LEA) to ensure that any employee who interacts with pupils, outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee, has a valid criminal records summary.

Under SB 531, all employees of any entity that has a contract with a LEA to offer work experience opportunities for pupils or workplace placements as part of a pupil’s individualized education program are not required to have a valid criminal records summary if certain requirements are met.  To be exempt from the valid criminal records summary the following requirements must be met:

• At least one adult employee in the workplace during the pupil’s work hours has a valid criminal records summary and such adult employee must have direct contact with the pupil and be designated by the employer entity as the employee of record who is responsible for the safety of the pupil;
• LEA staff representative must make at least one visitation every three weeks to consult with the pupil’s workplace liaison, observe the pupil at the workplace, and check in with the pupil to ensure the pupil’s health, safety, and welfare, including addressing any concerns the pupil has raised; and
• The pupil’s parent or guardian must sign a consent form regarding the pupil’s work placement, attesting that the parent or guardian understands the duties assigned to the pupil and the nature of the workplace environment.

If a pupil participates in services provided by a contractor as part of an independent study program and the pupil is under the immediate supervision and control of a parent or guardian during the provision of those services, SB 531 require the LEA to verify completion of a valid criminal records summary for all of the contractor’s employees who interact with the pupil.  Alternatively, before the pupil’s interaction with a contractor’s employee, the LEA must require the pupil’s parent or guardian to sign a consent form attesting that the parent or guardian understands that the person has not completed a valid criminal records summary.

(SB 531 amends Section 45125.1 of the Education Code.)