POLICY
Sweeping new requirements to enhance student safety
SB 848 is intended to prevent childhood sexual assault
Senate Bill 848, which became effective Jan. 1, 2026, is broad legislation intended to enhance student safety by preventing childhood sexual assault at schools. SB 848 requires the governing boards of districts and county offices of education (COEs) to adopt, by July 1, 2026, written policies that promote safe environments for student learning and engagement that address professional boundaries and establish appropriate limits on contact, during or outside of the school day, that do not otherwise include a student’s parent/guardian.

While the intent of SB 848 is to protect students, it is also partially rooted in protecting the financial assets of local educational agencies, and closely reflects the recommendations made in the Fiscal Crisis and Management Assistance Team’s (FCMAT) 2025 report, Childhood Sexual Assault: Fiscal Implications for California Public Agencies.

FCMAT’s report assessed the widespread claims of sexual misconduct involving students throughout California, noting that claims have been made in 48 of 58 counties. The report noted that Assembly Bill 218, The Child Victims Act of 2019, eliminated many claim prerequisites and increased or effectively eliminated the statute of limitations for claims of childhood sexual assault against public entities, including school districts and COEs. While it is impossible to accurately assess the financial impact of AB 218 until cases are fully litigated or settled, FCMAT estimated that the claims brought against LEAs as of January 2025 range between $2-$3 billion.

FCMAT’s report noted that half of allegations of sexual misconduct offenses occurred in classrooms, with the majority of those taking place during general education. The report stated that while teachers were the most common perpetrators, other students, teacher’s aides, coaches, custodians/maintenance workers, coaches’ assistants (including walk-on coaches) and unauthorized outsiders were also found to be perpetrators.

FCMAT’s report concluded that “the goal should be to completely eliminate childhood sexual assault in local public agencies,” and that “preventive measures and mandates must be increased to protect children.” Of the 22 recommendations contained in the report, 10 are echoed in SB 848, including:

  1. The development and maintenance of a statewide data repository, including mandated cooperation and information sharing by public agencies
  2. Ensuring that state policies set consistent standards to achieve zero tolerance for childhood sexual assault
  3. Requiring Comprehensive School Safety Plans to include required policies and procedures designed to improve supervision and protection of children
  4. Amending mandated reporter requirements to include all employees, volunteers and governing board members of a public or private school, including charter schools
  5. Increasing the quality and consistency of mandated training to prevent, build awareness of and increase access to reporting options for childhood sexual assault
  6. Establishing a statute that promotes professional boundaries between adults and children and strengthens the safety of learning environments
  7. Expanding the work history verification and inquiry mandate to include all public and private school employers and employees
  8. Providing for an electronic database of school employee work history in California’s public and private schools
  9. Applying the definition of egregious misconduct to all public and private school employees
  10. Ensuring that instances of egregious misconduct are reported to an appropriate state agency and included in available work history data accessible to school employers

SB 848 provides legislative intent that school districts, schools operated by COEs, charter schools, private schools, and state special schools and diagnostic centers operated by the California Department of Education be safe and nurturing places for students that are free of fear and threats of violence, and free of violent crimes and sexual offenses committed by, or intended to be committed by, other students, school employees, volunteers and contractors.

Diverse group of children sitting on grass, focused on drawing together on a large sheet of paper with markers in an outdoor setting.
In addition to the policy requirements discussed above, SB 848 adds requirements related to the hiring of certificated and noncertificated staff, for both prospective employers and districts from where an applicant worked, to better detect instances of egregious misconduct.

SB 848 also requires on or before July 1, 2027, the Commission on Teacher Credentialing to, contingent upon a budget appropriation, develop a statewide data system that includes specified information for individuals serving in a noncertificated position for an LEA or in any position for a private school employer. LEAs that are responsible for employment, employee investigations or hiring decisions are then required to, before hiring an individual for a noncertificated position, review the statewide data system to determine whether an investigation resulted in a substantiated report.

CSBA updated sample Board Policies (BP) 4119.21/4219.21/4319.21 – Professional Standards and 4119.24/4219.24/4319.24 – Maintaining Appropriate Adult-Student Interactions in February. The Policy team is in the process of reviewing and updating additional policies impacted by SB 848, including:

  • BP 1240 – Volunteer Assistance
  • BP 4111/4211/4311 – Recruitment and Selection
  • BP 4112 – Appointment and Conditions of Employment
  • BP 4212 – Appointment and Conditions of Employment
  • BP 4112.5/4212.5/4312.5 – Criminal Record Check
  • BP 4112.6/4212.6/4312.6 – Personnel Files
  • BP 5141.4 – Child Abuse Prevention and Reporting
  • BP 5142 – Safety
  • BP 7110 – Facilities Master Plan

Because SB 848 imposes many new requirements for districts and COEs, including the adoption of new policy requirements by July 1, 2026, boards should carefully review their policies in an effort to provide safe environments for students and to comply with new legal requirements.