AB 893

Under current law, the state superintendent of public instruction (state

superintendent) must, with the assistance of the Department of Justice (DOJ),

conduct a background investigation of each applicant for issuance or renewal of a

license or permit. A license or permit is required for an applicant to teach in a public

school. If the state superintendent determines that further investigation of the

applicant is necessary, current law requires fingerprinting of the applicant, and DOJ

may forward the fingerprinting cards to the Federal Bureau of Investigation to verify

the applicant's identity and obtain records of the applicant's criminal arrest or

conviction. The state superintendent may condition issuance of a license or permit

upon the receipt of a satisfactory background investigation. Current law requires

the state superintendent to revoke a license issued to an individual (licensee) by the

state superintendent for incompetency or immoral conduct on the part of the

licensee; if the licensee is convicted of certain Class A, B, C, D, E, F, G, or H felonies

or certain other crimes or violations, including sex offenses; or if the licensee is liable

for delinquent taxes or is delinquent in making court-ordered payments of child or

family support payments.

This bill requires each private school participating in a parental choice program

to conduct a background investigation of each teacher and administrator employed

by the private school on the effective date of the bill and for a teacher or administrator

that remains employed by the private school, at least once every five years after the

last background investigation was conducted. The bill also requires each

participating private school to conduct a background investigation prior to extending

an offer of employment to an individual who applies to teach in or serve as an

administrator of the private school. The bill prohibits a participating private school

from employing a teacher or administrator who would not be eligible for employment

in a public school for any of the reasons identified above. The bill also authorizes the

state superintendent to immediately terminate a private school's participation in a

parental choice program if the owner of the private school would not be eligible for

employment for any of the reasons identified above or if the private school employs

a teacher or administrator without conducting a background investigation or the

teacher or administrator would be ineligible to be licensed for any of the reasons

identified above.