AB 74

This bill requires each school board, governing body of a private school, and operator of a charter school to notify a pupil’s parent or guardian if the school board, governing body, or operator receives a credible report alleging sexual misconduct by a school staff member and the pupil is identified as an alleged victim, target, or recipient of the misconduct. Under the bill, a school board, governing body, or operator must notify the pupil’s parent or guardian by no later than the end of the day on which the school board receives the report containing the alleged sexual misconduct. Under the bill, a report is considered to be received by a school board or operator of a charter school when it is received by an assistant principal, principal, assistant school district superintendent, school district superintendent, or school district administrator, and is considered to be received by the governing body of a private school when it is received by an assistant principal, principal, superintendent, executive director, or other individual who acts as the administrative head of the private school.

Under current law, it is a Class I felony for a school staff member to commit an act of sexual misconduct against a pupil. Under current law and the bill, “sexual misconduct” means 1) communications made intentionally to sexually degrade, sexually humiliate, sexually arouse, or sexually gratify the pupil or the perpetrator or 2) intentional touching by the perpetrator or, upon the perpetrator’s instruction, by the use of a body part or object, if the purpose of the intentional touching is to sexually degrade, sexually humiliate, sexually arouse, or sexually gratify the pupil or the perpetrator.

The bill also requires school boards to annually provide information about how parents and guardians may access records related to school employee discipline under the state public records law.