Effective January 1, 2026, Senate Bill (“SB”) 848 adds new requirements and duties for local educational agencies (“LEAs”) with regard to: reporting and handling sexual misconduct by employees, expanding the definitions of “violent crime” and “sex offense,” and expanding the definition of mandatory reporters.

SB 848 amends Education Code §§ 32280, 32281, 32282, 44010, 44242.5, 44830.1, 44939.5, and 51950, amends, repeals, and adds § 44691, adds §§ 44051 and 44052, adds Article 10 (commencing with § 32100), and amends Penal Code § 11165.7.

Key takeaways from SB 848:

• The definitions of “violent crime” and “sex offense” will be expanded. “Sex offense,” as defined in Ed. Code section 44010, now includes Pen. Code §§ 288.2,[1]3,[2] 288.4,[3] and 647.6(c)(2).[4] Additionally, Ed. Code § 32281 now permits a principal or their designee, after verifying through local law enforcement officials that a report has been filed for the occurrence of a violent crime or sex offense on the school site at which they are the principal, to send to each student’s parent or guardian, and each school employee, a written notice of the occurrence and general nature of the crime. Further, Ed. Code § 44830.1 will prohibit a person convicted of sex offenses, pursuant to the expanded definition in § 44010, from being hired by, or retaining current employment with, a school district in a certificated position.
• Ed. Code § 44052 will be added, which, on or before July 1, 2027, requires the creation of a statewide data system by the Commission on Teacher Credentialing (“CTC”) which includes information for non‑certificated employees pertaining to investigations of egregious misconduct allegations. LEAs and private school employers will be required to submit notices to the statewide data system within 10 calendar days of the start of an investigation of egregious misconduct and to submit a subsequent notice reporting the investigation result within 10 calendar days of the conclusion of the investigation. If the investigation of egregious misconduct results in an unfounded or inconclusive report, no record of the investigation shall be created in the statewide data system.
• Ed. Code § 44051 will be added, which requires candidates for non‑certificated employment at a LEA, charter school, or private school to provide the prospective employer with a complete list of every LEA, charter school, or private school the applicant was previously employed with. The LEA, charter school, or private school receiving this list must inquire with each LEA, charter school, or private school as to whether the applicant was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct. LEAs, charter schools, or private schools that have made a report of an employee’s egregious misconduct to the CTC must disclose this information and a copy of all relevant information used to support a substantiated investigation to any inquiring LEA, charter school, or private school considering an application from said employee.
• Pen. Code § 11165.7 is expanded to define a “mandated reporter” as: (a) employees, volunteers, and governing board members of a LEA; (b) employees, volunteers, board members, and contractors of a LEA whose duties require contact with or supervision of students; and (c) employees and volunteers assigned to a state special school or diagnostic center operated by the California Department of Education. Failure of these mandated reporters to report specified conduct is a crime.
• Starting July 1, 2026, Ed. Code § 44691 will expand annual training on mandated reporting and prevention of child abuse to include content on sexual assault. Annual training requirements will be expanded to volunteers and private schools. A volunteer is defined as a person who is over 18 years of age and who interacts with students outside the immediate supervision and control of the student’s parent or guardian or a school employee.
• Starting no later than July 1, 2026, Ed. Code §§ 32280, 32281, and 32282 will require school districts’ comprehensive school safety plans to include procedures specifically designed to address the supervision and protection of children from child abuse, neglect, and sex offenses.
• On or before July 1, 2026, Ed. Code § 32100 will require LEA governing boards to adopt written policies promoting safe environments for student learning and engagement. These written policies must explicitly address professional boundaries between: (a) students and school employees, adult volunteers, and school contractors; (b) among and between students, and (c) among and between adults employed, volunteering, or under contract. These written policies must also establish appropriate limits on contact during and outside of the school day via social media internet platforms, text messaging, and other forms of communication that do not include the student’s parent or guardian.
• On or before July 1, 2026, Ed. Code § 51950 will require the Superintendent of Public Instruction to develop and post resources regarding awareness and understanding of appropriate boundaries, detecting indicators of inappropriate behaviors in adults and students, reporting child abuse and assault, and preventing sexual abuse and assault. The Superintendent of Public Instruction must also develop age-appropriate materials for instructing students regarding sexual assault and abuse prevention. LEAs may provide annual instruction to all enrolled students using these resources, with an option for parents or guardians to excuse their children from the instruction.

If you have any questions regarding SB 848, or how to adopt policies in compliance with this new law, please contact the OMLO Education Law Practice Group.

[1] Pen. Code § 288.2—Sending Harmful Matter to Seduce Minor.

[2] Pen. Code § 288.3—Contact with Minor with Intent to Commit Sexual Offense.

[3] Pen. Code § 288.4—Arrangement of Meeting with Minor with Intent to Commit Sexual Offense.

[4] Pen. Code § 647.6(c)(2)—Subsequent Felony Sex Offense.