SECTIONS 33190-33193 - California Statutes

EDUCATION CODE

SECTION 33190-33193

33190. Every person, firm, association, partnership, or corporation
offering or conducting private school instruction on the elementary
or high school level shall between the first and 15th day of October
of each year, commencing on October 1, 1967, file with the
Superintendent of Public Instruction an affidavit or statement, under
penalty of perjury, by the owner or other head setting forth the
following information for the current year:
(a) All names, whether real or fictitious, of the person, firm,
association, partnership, or corporation under which it has done and
is doing business.
(b) The address, including city and street, of every place of
doing business of the person, firm, association, partnership, or
corporation within the State of California.
(c) The address, including city and street, of the location of the
records of the person, firm, association, partnership, or
corporation, and the name and address, including city and street, of
the custodian of such records.
(d) The names and addresses, including city and street, of the
directors, if any, and principal officers of the person, firm,
association, partnership, or corporation.
(e) The school enrollment, by grades, number of teachers,
coeducational or enrollment limited to boys or girls and boarding
facilities.
(f) That the following records are maintained at the address
stated, and are true and accurate:
(1) The records required to be kept by Section 48222.
(2) The courses of study offered by the institution.
(3) The names and addresses, including city and street, of its
faculty, together with a record of the educational qualifications of
each.
(g) Criminal record summary information has been obtained pursuant
to Section 44237.
Whenever two or more private schools are under the effective
control or supervision of a single administrative unit, such
administrative unit may comply with the provisions of this section on
behalf of each of the schools under its control or supervision by
submitting one report.
Filing pursuant to this section shall not be interpreted to mean,
and it shall be unlawful for any school to expressly or impliedly
represent by any means whatsoever, that the State of California, the
Superintendent of Public Instruction, the State Board of Education,
the State Department of Education, or any division or bureau of the
department, or any accrediting agency has made any evaluation,
recognition, approval, or endorsement of the school or course unless
this is an actual fact.
The Superintendent of Public Instruction shall prepare and publish
a list of private elementary and high schools to include the name
and address of the school and the name of the school owner or
administrator.

33191. (a) Commencing October 1, 1985, the affidavit or statement
filed with the Superintendent of Public Instruction pursuant to
Section 33190 shall, under penalty of perjury, include a statement
manifesting compliance with the provisions of Section 44237.
(b) In the case of any private school where the instructor also
serves as the administrator of the school, the affidavit or statement
shall be made available upon request to the parents or guardians of
all pupils currently enrolled in the school and to any parent or
guardian considering whether to enroll his or her child in the
school.

33192. (a) Except as provided in subdivisions (b) and (c), if the
employees of any entity that has a contract with a private school to
provide any of the following services may have any contact with
pupils, those employees shall submit or have submitted their
fingerprints in a manner authorized by the Department of Justice
together with a fee determined by the Department of Justice to be
sufficient to reimburse the department for its costs incurred in
processing the application:
(1) School and classroom janitorial.
(2) Schoolsite administrative.
(3) Schoolsite grounds and landscape maintenance.
(4) Pupil transportation.
(5) Schoolsite food-related.
(b) This section shall not apply to an entity providing any of the
services listed in subdivision (a) to a private school 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.
(c) This section shall not apply to an entity providing any of the
services listed in subdivision (a) to a private school when the
private school determines that the employees of the entity will have
limited contact with pupils. In determining whether a contract
employee has limited contact with pupils, the private school shall
consider the totality of the circumstances, including factors such as
the length of time the contractors will be on school grounds,
whether pupils will be in proximity with the site where the
contractors will be working, and whether the contractors will be
working by themselves or with others. If a private school has made
this determination, the private school shall take appropriate steps
to protect the safety of any pupils that may come in contact with
these employees.
(d) A private school may determine, on a case-by-case basis, to
require an entity providing schoolsite services other than those
listed in subdivision (a) or those described in Section 33193 and the
entity's employees to comply with the requirements of this section,
unless the private school determines that the employees of the entity
will have limited contact with pupils. In determining whether a
contract employee will have limited contact with pupils, the private
school shall consider the totality of the circumstances, including
factors such as the length of time the contractors will be on school
grounds, whether pupils will be in proximity with the site where the
contractors will be working, and whether the contractors will be
working by themselves or with others. If a private school makes this
determination, the private school shall take appropriate steps to
protect the safety of any pupils that may come in contact with these
employees. If a private school requires an entity providing services
other than those listed in subdivision (a) and its employees to
comply with the requirements of this section, the Department of
Justice shall comply with subdivision (e).
(e) (1) The Department of Justice shall ascertain whether the
individual whose fingerprints were submitted to it pursuant to
subdivision (a) has been arrested or convicted of any crime insofar
as that fact can be ascertained from information available to the
department. Upon implementation of an electronic fingerprinting
system with terminals located statewide and managed by the Department
of Justice, the department shall ascertain the information required
pursuant to this section within three working days. When the
Department of Justice ascertains that an individual whose
fingerprints were submitted to it pursuant to subdivision (a) has a
pending criminal proceeding for a felony as defined in Section
45122.1 or has been convicted of a felony as defined in Section
45122.1, the department shall notify the employer designated by the
individual of that fact. The notification shall be delivered by
telephone or electronic mail to the employer.
(2) The Department of Justice, at its discretion, may notify the
private school in instances when the employee is defined as having a
pending criminal proceeding described in Section 45122.1 or has been
convicted of a felony as defined in Section 45122.1.
(3) The Department of Justice may forward one copy of the
fingerprints to the Federal Bureau of Investigation to verify any
record of previous arrests or convictions of the applicant. The
Department of Justice shall review the criminal record summary it
obtains from the Federal Bureau of Investigation and shall notify the
employer only as to whether or not an applicant has any convictions
or arrests pending adjudication for offenses which, if committed in
California, would have been punishable as a violent or serious
felony. The Department of Justice shall not provide any specific
offense information received from the Federal Bureau of
Investigation. The Department of Justice shall provide written
notification to the contract employer only concerning whether an
applicant for employment has any conviction or arrest pending final
adjudication for any of those crimes, as specified in Section
45122.1, but shall not provide any information identifying any
offense for which an existing employee was convicted or has an arrest
pending final adjudication.
(f) An entity having a contract as specified in subdivision (a)
and an entity required to comply with this section pursuant to
subdivision (d) shall not permit an employee to come in contact with
pupils until the Department of Justice has ascertained that the
employee has not been convicted of a felony as defined in Section
45122.1.
(1) This prohibition does not apply to an employee solely on the
basis that the employee has been convicted of a felony if the
employee 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.
(2) This prohibition does not apply to an employee solely on the
basis that the employee has been convicted of a serious felony that
is not also a violent felony if that employee 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
schoolsite 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 having jurisdiction where he
or she is resident.
(g) An entity having a contract as specified in subdivision (a)
and an entity required to comply with this section pursuant to
subdivision (d) shall certify in writing to the private school that
neither the employer nor any of its employees who are required by
this section to submit or have their fingerprints submitted to the
Department of Justice and who may come in contact with pupils have
been convicted of a felony as defined in Section 45122.1.
(h) An entity having a contract as specified in subdivision (a) on
the effective date of the act adding this section and an entity
required to comply with this section pursuant to subdivision (d) by a
private school with which it has a contract on the effective date of
the act adding this section shall complete the requirements of this
section within 90 days of that date.
(i) 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.
(j) Where reasonable access to the statewide electronic
fingerprinting network is available, the Department of Justice may
request electronic submission of the fingerprint cards and other
information required by this section.

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.