(a) The administrator of every program established pursuant to this article shall establish minimum qualifications for each staff position that, at a minimum, ensure that all staff members who directly supervise pupils meet the minimum qualifications for an instructional aide, pursuant to the policies of the school district. Selection of the program site supervisors shall be subject to the approval of the schoolsite principal. The administrator shall also ensure that the program maintains a pupil-to-staff member ratio of no more than 20 to 1. All program staff and volunteers shall be subject to the health screening and fingerprint clearance requirements in current law and district policy for school personnel and volunteers in the school district.

(b) When a local educational agency contracts with a third party to operate a program pursuant to this article, the local educational agency shall require the third party to notify the local educational agency by the next working day following, and to submit a written report within seven days of, the occurrence of any health- or safety-related issues, including, but not limited to, issues involving criminal background clearances for employees, building safety, and any event specified in subdivision (c).

Terms Used In California Education Code 8483.4

  • Arrest: Taking physical custody of a person by lawful authority.
  • Local educational agency: means a school district, a county office of education, a community college district, or a school district acting on behalf of one or more schools within the school district. See California Education Code 8205

(c) For purposes of this section, an “event” includes any of the following:

(1) Death of a child from any cause.

(2) Any injury to a child that requires medical treatment.

(3) Any unusual incident or child absence that threatens the physical or emotional health or safety of a child.

(4) Any suspected child abuse or neglect, as defined in § 11165.6 of the Penal Code.

(5) Epidemic outbreaks.

(6) Poisonings.

(7) Fires or explosions that occur in or on the premises.

(8) Exposure to toxic substances.

(9) An arrest of an employee of the third party.

(10) Any other event as specified by the local educational agency.

(d) When a local educational agency contracts with a third party, the local educational agency shall require the third party to request from parents or guardians pupil health information, such as whether a pupil has allergies or asthma, before pupil enrollment. Parents or guardians may provide this information at their discretion and are not required to provide pupil health information in order for the pupil to receive services pursuant to this article.

(Amended by Stats. 2023, Ch. 48, Sec. 8. (SB 114) Effective July 10, 2023.)