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SB 848 and the New Year Bring New Expectations for Private Schools
As CAPSO has outlined over the past several months, the passage of SB 848- a comprehensive piece of legislation focused on student safety in both public and private schools- will have multiple points of impact on private-school operations. While the implementation timeline varies across the bill’s provisions, several components take effect at the start of 2026. A summary of those provisions is provided below.
Private schools are encouraged to consult with their governing organizations, and with legal counsel as appropriate, to determine how best to interpret nuanced elements of the law, including the expanded categories of mandated reporters (such as the definition of “volunteer”) and the updated requirements related to reference-check policies and practices.
CAPSO will continue to monitor the implementation of SB 848 and will keep private schools, through their member organizations, informed about relevant developments and emerging points of impact.
Mandated Reporters & Training (effective 1/1/2026)
☐ Recognize and designate as mandated reporters: (§14(a)(1)–(42))
- Employees, volunteers*, and governing body members of private schools
- Contractors whose duties require pupil contact or supervision
- Clergy members and custodians of clergy records
- Athletic coaches, administrators, and directors
Hiring & Reference Checks (effective 1/1/2026)
☐ Reference Checks: before hiring, inquire with all prior employers about any credible complaints, substantiated investigations, or discipline for egregious misconduct. (§12(b)(2))
☐ Reference Checks: upon inquiry, disclose to inquiring educational institutions if a report of egregious misconduct was made to the Commission on Teacher Credentialing (CTC), and provide all relevant substantiating information within your possession. (§6(a)(3))
☐ Do not enter into any agreement that prevents a mandated report of egregious misconduct to the CTC or other agencies. (§12(a))
☐ Do not expunge or agree to expunge credible complaints, substantiated investigations, or discipline for egregious misconduct from personnel files, except in cases where the employee prevailed in a hearing. (§12(b))
Access the Full Legislative Text Here
Access the CAPSO Summary and Timeline Guide Document Here
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