An Administrator's Guide to California Private School Law

Chapter 3 – Hiring

 Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years.  Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that, in the case of a conviction, a full pardon has been granted or, in the case of an arrest, indictment, information, or misdemeanor complaint, a conviction did not result, except that records of arrest, indictment, information, or misdemeanor complaints may be reported pending pronouncement of judgment on the particular subject matter of those records.  Any other adverse information that antedates the report by more than seven years. 174

In addition, the ICRAA imposes restrictions on the information that may be included in a report which is collected from friends, neighbors, relatives, and acquaintances. The ICRAA states:

An investigative consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted, or who has knowledge of the item of information, unless either: i. The investigative consumer reporting agency has followed reasonable procedures to obtain confirmation of the information from an additional source that has independent and direct knowledge of the information, or ii. The person interviewed is the best possible source of the information. 175

e. Liability For Violations Of ICRAA Schools face potential liability for violations of the above requirements. Courts may award the successful aggrieved party actual damages ($10,000 or greater), costs of suit, and reasonable attorney fees. Punitive damages may be awarded for grossly negligent or willful violations of the ICRAA. 176 3. R ESTRICTIONS O N U SE O F C ONSUMER C REDIT R EPORTS F OR E MPLOYMENT P URPOSES California law prohibits employers from using consumer credit reports in employment decisions, unless the consumer credit report only verifies income and employment and does not include credit-related information such as credit score, credit history or credit record. Additionally,

An Administrator’s Guide to California Private School Law ©2019 Liebert Cassidy Whitmore 67