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. (a) Every person, firm, association, partnership, or
corporation offering or conducting private school instruction on the
elementary or high school level shall require each applicant for
employment in a position requiring contact with minor pupils to
submit two sets of fingerprints prepared for submittal by the
employer to the Department of Justice for the purpose of obtaining
criminal record summary information from the Department of Justice
and the Federal Bureau of Investigation.
(b) (1) As used in this section, "employer" means every person,
firm, association, partnership, or corporation offering or conducting
private school instruction on the elementary or high school level.
(2) As used in this section, "employment" means the act of
engaging the services of a person, who will have contact with pupils,
to work in a position at a private school at the elementary or high
school level on or after September 30, 1997, on a regular, paid
full-time basis, regular, paid part-time basis, or paid full-time or
part-time seasonal basis.
(3) As used in this section, "applicant" means any person who is
seriously being considered for employment by an employer.
(4) This section does not apply to a secondary school pupil
working at the school he or she attends or a parent or legal guardian
working exclusively with his or her children.
(c) (1) Upon receiving the identification cards, the Department of
Justice shall ascertain whether the applicant has been arrested or
convicted of any crime insofar as that fact can be ascertained from
information available to the Department of Justice and forward the
information to the employer submitting the fingerprints no more than
15 working days after receiving the identification cards. The
Department of Justice shall not forward information regarding
criminal proceedings that did not result in a conviction but shall
forward information on arrests pending adjudication.
(2) Upon implementation of an electronic fingerprinting system
with terminals located statewide and managed by the Department of
Justice, the Department of Justice shall ascertain the information
required pursuant to this subdivision within three working days. If
the Department of Justice cannot ascertain the information required
pursuant to this subdivision within three working days, the
Department of Justice shall notify the employer submitting the
fingerprints that it cannot so ascertain the required information.
This notification shall be delivered by telephone or email to the
employer submitting the fingerprints. If the employer submitting the
fingerprints is notified by the Department of Justice that it cannot
ascertain the required information about a person, the employer shall
not employ that person until the Department of Justice ascertains
that information.
(3) The Department of Justice shall review the criminal record
summary it obtains from the Federal Bureau of Investigation to
ascertain whether an applicant for employment has a conviction, or an
arrest pending final adjudication, for any sex offense, controlled
substance offense, crime of violence, or serious or violent felony.
The Department of Justice shall provide written notification to the
private school employer only as to whether an applicant for
employment has any convictions, or arrests pending final
adjudication, for any of these crimes.
(d) An employer shall not employ a person until the Department of
Justice completes its check of the state criminal history file as set
forth in this section.
(e) (1) An employer shall not employ a person who has been
convicted of a violent or serious felony or a person who would be
prohibited from employment by a public school district pursuant to
any provision of this code because of his or her conviction for any
crime.
(2) A person who would be prohibited from employment by a private
school pursuant to paragraph (1) shall not, on or after July 1, 1999,
own or operate a private school offering instruction on the
elementary or high school level.
(f) An employer shall request subsequent arrest service from the
Department of Justice as provided under Section 11105.2 of the Penal
Code.
(g) This section applies to any violent or serious offense that,
if committed in this state, would have been punishable as a violent
or serious felony.
(h) 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.
(i) Notwithstanding subdivision (e), a person shall not be denied
employment or terminated from employment solely on the basis that the
person has been convicted of a violent or serious felony if the
person has obtained a certificate of rehabilitation and pardon
pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6
of Part 3 of the Penal Code.
(j) Notwithstanding subdivision (e), a person shall not be denied
employment or terminated from employment solely on the basis that the
person has been convicted of a serious felony that is not also a
violent felony if that person can prove to the sentencing court of
the offense in question, by clear and convincing evidence, that he or
she has been rehabilitated for the purposes of school employment for
at least one year. If the offense in question occurred outside this
state, then the person may seek a finding of rehabilitation from the
court in the county in which he or she is a resident.
(k) The commission shall make available to each private school a
listing of all credentialholders who have had final adverse action
taken against their credential. The information shall be identical to
that made available to public schools in the state. The commission
shall also send on a quarterly basis a complete and updated list of
all teachers who have had their teaching credentials revoked or
suspended, excluding teachers who have had their credentials
reinstated, or who are deceased.
(l) The Department of Justice may charge a reasonable fee to cover
costs associated with the processing, reviewing, and supplying of
the criminal record summary as required by this section. The fee
shall not exceed the actual costs incurred by the Department of
Justice.
(m) Where reasonable access to the statewide electronic
fingerprinting network is available, the Department of Justice may
mandate electronic submission of the fingerprints and related
information required by this section.
(n) All information obtained from the Department of Justice is
confidential. Agencies handling Department of Justice information
shall ensure the following:
(1) A recipient shall not disclose its contents or provide copies
of information.
(2) Information received shall be stored in a locked file separate
from other files, and shall only be accessible to the custodian of
records.
(3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708 of
Title 11 of the California Code of Regulations.
(4) Compliance with destruction, storage, dissemination, auditing,
backgrounding, and training requirements as set forth in Sections
700 to 708, inclusive, of Title 11 of the California Code of
Regulations and Section 11077 of the Penal Code governing the use and
security of criminal offender record information is the
responsibility of the entity receiving the information from the
Department of Justice.