California § 44052 - On or before July 1, 2027, the commission shall, contingent upon an appropriation

§ 44052. On or before July 1, 2027, the commission shall, contingent upon an appropriation

(a) On or before July 1, 2027, the commission shall, contingent upon an appropriation for these purposes in the annual Budget Act or another statute, develop a statewide data system that includes all of the following information for individuals serving in a noncertificated position for a local educational agency or in any position for a private school employer: (1) The name, date of birth, and a unique identification number of the employee. (2) The name of the school employer. (3) The starting date, ending date, if applicable, and title for each school position held by the employee. (4) The name of any local educational agency or private school employer that conducted an employee investigation for egregious misconduct that resulted in evidence for a substantiated report, as defined in Section 11165.12 of the Penal Code, on or after July 1, 2027. (5) The date an investigation described in paragraph (4) was commenced. (6) The date a substantiated report described in paragraph (4) was filed. (b) Those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions shall, before hiring an individual for a noncertificated position at a local educational agency or any position at a private school employer, review the statewide data system established pursuant to subdivision (a) to determine whether an investigation resulted in a substantiated report pursuant to paragraph (4) of subdivision (a). (c) Within 30 calendar days of hiring an individual for a noncertificated position at a local educational agency or for any position at a private school employer, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the position. (d) Within 30 calendar days of an individual changing into, or adding, a noncertificated position with the same local educational agency employer or any position at a private school organization, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the name and start date of the individual and the title of the new or additional position. (e) Within 10 calendar days of a noncertificated employee leaving a position at a local educational agency or any employee leaving a position at a private school, the local educational agency employer or private school employer shall provide to the statewide data system established pursuant to subdivision (a) the final date of employment or final date in the position. (f) (1) Within 10 calendar days of the start of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice to the statewide data system established pursuant to subdivision (a) that an investigation was commenced. (2) Statewide data system records shall indicate a pending status from the receipt of notice pursuant to paragraph (1) until the local educational agency employer or private school employer submits subsequent notice pursuant to this subdivision. (3) Within 10 calendar days of the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice stating the result of the investigation to the statewide data system. (A) If an investigation of egregious misconduct results in a substantiated report as defined in subdivision (b) of Section 11165.12 of the Penal Code, a record of the investigation result shall be created in the statewide data system. (B) If an investigation of egregious misconduct results in an unfounded report or inconclusive report as defined in Section 11165.12 of the Penal Code, no record of an investigation shall be created in the statewide data system. (4) If a noncertificated employee leaves a local educational agency employer or any employee leaves a private school employer before the completion of an investigation of egregious misconduct, the local educational agency employer or private school employer shall submit notice of the change in employment status mid-investigation to the statewide data system to be included in the employee’s record. (5) If a previously substantiated report is later determined by the governing board or body of the local educational agency, the private school, or an administrative law judge, if applicable, to be unfounded or inconclusive, the local educational agency or private school shall notify the commission within 10 days. Upon receiving the notification, the commission shall remove the report from the statewide data system. (g) The commission shall serve only as the data administrator for records submitted to the statewide data system pursuant to this section. The commission shall ensure the secure operation and technical functionality of the statewide data system, but shall not be responsible for verifying the truthfulness or legal sufficiency of the information submitted by local educational agency employers or private school employers. (h) For purposes of this section, the following definitions apply: (1) “Egregious misconduct” has the same meaning as defined in Section 44932. (2) “Local educational agency” means a school district, county office of education, charter school, or state special school or diagnostic center operated by the department.