Section 33193 Of Article 5. Verification Of Private School Instruction From California Education Code >> Division 2. >> Title 2. >> Part 20. >> Chapter 2. >> Article 5.
33193
. (a) A private school contracting with an entity for the
construction, reconstruction, rehabilitation, or repair of a school
facility where the employees of the entity will have contact, other
than limited contact, with pupils shall ensure the safety of the
pupils by one or more of the following methods:
(1) The installation of a physical barrier at the worksite to
limit contact with pupils.
(2) Continual supervision and monitoring of all employees of the
entity by an employee of the entity whom the Department of Justice
has ascertained has not been convicted of a violent or serious
felony. For purposes of this paragraph, an employee of the entity may
submit his or her fingerprints to the Department of Justice pursuant
to subdivision (a) of Section 33192 and the department shall comply
with subdivision (d) of Section 33192.
(3) Surveillance of employees of the entity by school personnel.
(b) An entity that contracts with a private school for the
construction, reconstruction, rehabilitation, or repair of a school
facility is not required to comply with the requirements of Section
33192 if one or more of the methods described in subdivision (a) is
utilized.
(c) This section shall not apply to an entity providing
construction, reconstruction, rehabilitation, or repair services to a
school district in an emergency or exceptional situation, such as
when pupil health or safety is endangered or when repairs are needed
to make school facilities safe and habitable.
(d) (1) For purposes of this section, "private school" means a
person, firm, association, partnership, or corporation offering or
conducting private school instruction on the elementary or high
school level.
(2) For purposes of this section, a violent felony is any felony
listed in subdivision (c) of Section 667.5 of the Penal Code and a
serious felony is any felony listed in subdivision (c) of Section
1192.7 of the Penal Code.