County Office of Education: Are Schools Doing Enough to Address Sexual Harassment?

R1

EDCOE should implement enhanced and more stringent background check processes, including character checks for all applicants who might, or do work around, or with students to prevent sexual predators from being hired. This should begin by January 1, 2025. We are unsure what the report is referring to by “enhanced and more stringent background check processes.” EDCOE follows all state and federal laws regarding background checks. EDCOE requires all applicants to be fingerprinted and submits those records to the Department of Justice to conduct a criminal background check for all potential certified and classified positions as well as for all volunteers. Applicants are not eligible for any position within EDCOE until the Department of Justice provides a clear background report which comports with the mandates under state and federal law. EDCOE also complies with all background laws and requirements under the California Education Code and the California Labor Code. EDCOE also conducts reference checks for applicants as a part of its hiring processes. There are also background matters that Employers are not allowed to consider under California law. EDCOE continues to review and refine its hiring processes to ensure alignment with state and federal law.

R2

EDCOE should ensure all employees complete state required sexual harassment prevention training by September 30, 2024. Local school districts should ensure the training is completed by all employees every two years and records are tracked. This recommendation is already in place. In accordance with California Government Code section 12950.1, EDCOE provides the required sexual harassment prevention training to all employees. It also provides all sexual harassment prevention training required under federal law.

R3

EDCOE should work with the employee unions to revise their bargaining agreements to permit schools to automate tracking on all buses and monitor bus drivers’ locations during transportation of students. This should be completed by March 31, 2025. This recommendation is already underway. EDCOE buses are equipped with radios with GPS tracking for EDCOE employees. EDCOE will further address this issue with the applicable bargaining units during the 2024-2025 school year.

R4

EDCOE should work with the employee unions to revise their bargaining agreements to permit schools to install cameras that have monitoring capability on all buses. A designated staff person or automation should monitor the locations of buses during transportation of students. We have implemented and plan to further implement this recommendation. After collective bargaining negotiations, in February 2023, EDCOE installed cameras on some vehicles as part of a pilot program. Currently all vehicles transporting Special Services students, home-to-school and school-to-home, are equipped with video cameras. EDCOE will further address this issue with the applicable bargaining units during the 2024-2025 school year.

R5

EDCOE should develop and implement policies and procedures that require supervisors and managers to closely monitor classified staff while working around students. If necessary, they should hire additional staff to achieve this goal. This should be done by March 31, 2025. We require further analysis of this recommendation. EDCOE will further address this issue with the applicable bargaining units during the 2024-2025 school year.

R6

EDCOE should implement sexual harassment prevention training for all students, including how to recognize and report it. This training should begin in kindergarten. EDCOE should offer parents the option to opt out. This should begin by March 31, 2025. We require further analysis of this recommendation. Generally, a student in grades K-3 cannot be suspended or expelled for sexual harassment. (See Cal. Educ. Code § 48900.2). Students in grades 7-12 receive instruction regarding “sexual harassment, sexual assault, sexual abuse, and human trafficking.” (See Cal. Educ. Code 51934.) EDCOE Superintendent Policy 5145.7 provides that all EDCOE students receive age- appropriate information on sexual harassment.

R7

EDCOE should implement a ‘buddy system’, or other means, for all students when traveling on school campus during class times. We are unable to implement this recommendation. The diverse range of students served by EDCOE would make implementing such a system impractical and likely impossible.

R8

EDCOE and County school districts should bring their Title IX website requirements up to date by December 31, 2024. We have already implemented this recommendation for EDCOE. EDCOE does not have any authority to require independently operated school districts to undertake any specific actions regarding their website content.

R9

EDCOE should provide all classified staff with radio transmitters to enable contact with their supervisor while working on campus. EDCOE should also provide all classified staff with body cameras and make their use a condition of employment. We are unable to implement this recommendation and are unclear as to the scope of what is being proposed. EDCOE staff working on campuses currently have many different means of communicating with their supervisors. This recommended requirement would implicate several different legal concerns under state and federal laws including but not limited to student, parent and staff privacy rights under the California Education Code and the California Labor Code. Particularly in relation to our special education student community and their right to medical privacy. It is not clear how such a program could feasibly be implemented and EDCOE is unable to implement it at this time. All staff are trained on how to recognize signs of sexual harassment and potential abuse under all state and federal laws including California’s Child Abuse and Neglect Reporting Act and Title IX.

R10

EDCOE should work with their MOU Law Enforcement partners to expand the MOU to address sexual misconduct by both students and school employees. We plan to implement this recommendation. EDCOE will discuss the possibility of expanding the MOU with the various signatories to the agreement.

R11

EDCOE should consider installing cameras in school hallways and classrooms so that no student or child is alone. We require further analysis of this recommendation.