Senate Bill 849 was signed by California Governor Gavin Newsom, expanding efforts to prevent sexual abuse in public and private K-12 schools. The new California law requires schools to provide annual training to teachers, coaches, and school staff on how to prevent and report sexual misconduct. SB 849 also broadens the number of mandated reporters to include certain volunteers, governing boards, and other school staff who prior to this law, were not required to report allegations of abuse. Moreover, the law requires schools to adopt written policies that promote secure environments for pupil learning and policies that address facilities to promote safe environments for learning and engagement on or before July 1, 2026.
One of the most significant changes in the law is that it creates a database administered by the California Commission on Teacher Credentialing for credentialed individuals who are under investigation for misconduct. LEAs would be required to submit notice to the database during the start of and completion of an investigation of egregious misconduct. Prior to hiring a teacher, LEAs are required to review the database and make hiring decisions accordingly. This change alerts LEAs when a teacher is under active investigation for egregious misconduct, such as sexual abuse, which may deter the teacher from attempting to be rehired at another school after quitting before the investigation concludes.
The act expands comprehensive school safety plans to include procedures for supervision to prevent child abuse. As such, the Superintendent of Public Instruction, in consultation with the Office of Child Abuse Prevention in the State Department of Social Services, and LEAs are responsible for developing and disseminating resources regarding appropriate boundaries and appropriate prevention of sexual abuse and sexual assault.