An Administrator's Guide to California Private School Law Compendium

 For construction contractors who will have more than limited contact with students, the school must do one or more of the following:  Install a physical barrier at the worksite to limit contact with students;  Continually supervise and monitor all of the contractors with an employee of the outside construction entity whom the DOJ has ascertained has not been convicted of a violent or serious felony;  Conduct surveillance of the contractors with school personnel. RED FLAGS AND DISQUALIFICATION CRITERIA:  “Red Flags” that should cause suspicion and resort to information gained from other screening practices:  Unexplained gaps in the applicant’s employment history.  Unstable employment history; frequent transfers.  Failure to list contact information for supervisors at previous jobs or volunteer positions.  Other incomplete or inaccurate information.  Excessive interest in developing one-on-one relationships with children.  Difficulty in maintaining meaningful adult relationships or low self-esteem.  Automatic Disqualification:  Conviction for violent or serious felony.  Criminal conduct that would prohibit the individual’s employment by a public school district.  Conviction for “sex offense.”  Determination that individual is a “sexual psychopath.”  Conviction for crime involving certain controlled substances.  Prior termination for cause because of misconduct with a child.  Failure to complete the screening process.  Providing false information during the screening process.  Discretionary Disqualification:  If a school learns that an applicant has a criminal conviction that does not automatically disqualify the applicant from employment, the school must consider the following three factors:  The nature and gravity of the offense(s);  The time that has passed since the conviction and/or completion of the sentence; and

An Administrator’s Guide to California Private School Law - Compendium ©2019 Liebert Cassidy Whitmore 57

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