Bill Text: CA AB449 | 2013-2014 | Regular Session | Chaptered
Bill Title: Elementary and secondary education: certificated school employees: allegation of misconduct: reports to
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 232, Statutes of 2013. [AB449 Detail]
Download: California-2013-AB449-Chaptered.html
BILL NUMBER: AB 449 CHAPTERED
BILL TEXT
CHAPTER 232
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2013
APPROVED BY GOVERNOR SEPTEMBER 6, 2013
PASSED THE SENATE AUGUST 19, 2013
PASSED THE ASSEMBLY AUGUST 22, 2013
AMENDED IN SENATE JUNE 6, 2013
AMENDED IN ASSEMBLY APRIL 25, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 19, 2013
An act to amend Section 44242.5 of, and to add Section 44030.5 to,
the Education Code, relating to elementary and secondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 449, Muratsuchi. Elementary and secondary education:
certificated school employees: allegation of misconduct: reports to
Commission on Teacher Credentialing.
Existing law establishes the Commission on Teacher Credentialing
to, among other things, issue teaching and services credentials.
Existing law requires the commission to appoint a Committee of
Credentials and requires allegations of acts or omissions for which
adverse action may be taken against applicants or holders of teaching
or services credentials to be reported to the committee. Under
existing law, the committee is authorized to commence an initial or
formal review upon receipt of, among other things, a statement from
an employer notifying the commission that an employee's employment
status has changed in one of specified ways as a result of, or during
the pendency of, an allegation of misconduct. Existing law makes it
a misdemeanor, punishable by a fine of not more than $100, for a
principal, teacher, employee, or school officer of an elementary or
secondary school to refuse or willfully neglect to make a report
required by law.
This bill would specify that a change in employment status due
solely to unsatisfactory performance or a reduction in force is not a
result of an allegation of misconduct for purposes of those
provisions. The bill would require the superintendent of a school
district or county office of education, or the administrator of a
charter school, to report to the commission any change in the
employment status of a credentialholder working in a position
requiring a credential not later than 30 days after the
credentialholder's employment status changes in one of specified ways
as a result of an allegation of misconduct or while an allegation of
misconduct is pending. The bill would make the failure to make the
report unprofessional conduct, would subject the superintendent of
the school district or county office of education, or the
administrator of a charter school, to adverse action by the
commission for failure to make the report, and would make the refusal
or willful neglect to make the report a misdemeanor. By imposing
additional duties on local agencies and by creating a new crime, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44030.5 is added to the Education Code, to
read:
44030.5. (a) The superintendent of a school district or county
office of education, or the administrator of a charter school,
employing a person with a credential shall report any change in the
employment status of the credentialholder to the commission not later
than 30 days after the change in employment status, if the
credentialholder, while working in a position requiring a credential,
and as a result of an allegation of misconduct or while an
allegation of misconduct is pending, is dismissed, is nonreelected,
resigns, is suspended or placed on unpaid administrative leave for
more than 10 days as a final adverse action, retires, or is otherwise
terminated by a decision not to employ or reemploy.
(b) For purposes of subdivision (a), a change of employment status
due solely to unsatisfactory performance pursuant to paragraph (4)
of subdivision (a) of Section 44932 or a reduction in force pursuant
to Sections 44955 to 44958, inclusive, is not a result of an
allegation of misconduct.
(c) The failure to make the report required by subdivision (a) is
unprofessional conduct and may subject the superintendent of the
school district or county office of education, or the administrator
of a charter school, to adverse action by the commission.
(d) (1) Notwithstanding Section 44030, refusing or willfully
neglecting to make the report required by subdivision (a) is a
misdemeanor, punishable by a fine of not less than five hundred
dollars ($500) or more than one thousand dollars ($1,000).
(2) All fines imposed pursuant to this subdivision are the
personal responsibility of the superintendent of the school district
or county office of education, or the administrator of a charter
school, and may not be paid or reimbursed with public funds.
SEC. 2. Section 44242.5 of the Education Code is amended to read:
44242.5. (a) Each allegation of an act or omission by an
applicant for, or holder of, a credential for which he or she may be
subject to an adverse action shall be presented to the Committee of
Credentials.
(b) The committee has jurisdiction to commence an initial review
upon receipt of any of the following:
(1) (A) Official records of the Department of Justice, of a law
enforcement agency, of a state or federal court, and of any other
agency of this state or another state.
(B) For purposes of subparagraph (A), "agency of this state" has
the same meaning as that of "state agency" as set forth in Section
11000 of the Government Code.
(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) (A) A statement from an employer notifying the commission
that, as a result of an allegation of misconduct, or while an
allegation of misconduct is pending, a credentialholder has been
dismissed, nonreelected, suspended for more than 10 days, or placed
pursuant to a final adverse employment action on unpaid
administrative leave for more than 10 days, or has resigned or
otherwise left employment.
(B) The employer shall provide the notice described in
subparagraph (A) to the commission not later than 30 days after the
dismissal, nonreelection, suspension, placement on unpaid
administrative leave, resignation, or departure from employment of
the employee.
(C) For purposes of subparagraphs (A) and (B), a change in status
due solely to unsatisfactory performance pursuant to paragraph (4) of
subdivision (a) of Section 44932 or a reduction in force pursuant to
Sections 44955 to 44958, inclusive, is not a result of an allegation
of misconduct.
(4) A notice from an employer that a complaint was filed with the
school district alleging sexual misconduct by a credentialholder.
Results of an investigation by the committee based on this paragraph
shall not be considered for action by the committee unless there is
evidence presented to the committee in the form of a written or oral
declaration under penalty of perjury that confirms the personal
knowledge of the declarant regarding the acts alleged to constitute
misconduct.
(5) A notice from a school district, employer, public agency, or
testing administrator of a violation of Section 44420, 44421.1,
44421.5, or 44439.
(6) (A) An affirmative response on an application submitted to the
commission as to any conviction, adverse action on, or denial of, a
license, or pending investigation into a criminal allegation or
pending investigation of a noncriminal allegation of misconduct by a
governmental licensing entity.
(B) Failure to disclose any matter set forth in subparagraph (A).
(c) An initial review commences on the date that the written
notice is mailed to the applicant or credentialholder that his or her
fitness to hold a credential is under review. Upon commencement of a
formal review pursuant to Section 44244, the committee shall
investigate all alleged misconduct and the circumstances in
mitigation and aggravation. The investigation shall include, but not
be limited to, all of the following:
(1) Investigation of the fitness and competence of the applicant
or credentialholder to perform the duties authorized by the
credential for which he or she has applied or that he or she
presently holds.
(2) Preparation of a summary of the applicable law, a summary of
the facts, contested and uncontested, and a summary of any
circumstances in aggravation or mitigation of the allegation.
(3) Determination of probable cause for an adverse action on the
credential. If the allegation is for unprofessional or immoral
conduct, the committee, in any formal review conducted pursuant to
Section 44244 to determine probable cause, shall permit the employer
of the credentialholder to be present while testimony is taken. If
the allegation of unprofessional or immoral conduct involves sexual
abuse, the employer shall be examined in the meeting for any relevant
evidence relating to the sexual abuse.
(A) If the committee determines that probable cause for an adverse
action does not exist, the committee shall terminate the
investigation.
(B) If the committee determines that probable cause for an adverse
action on the credential exists, upon receipt of a request from an
applicant or a credentialholder pursuant to Section 44244.1, the
commission shall initiate an adjudicatory hearing, as prescribed by
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, by filing an accusation or statement
of issues.
(d) The committee has jurisdiction to commence a formal review
pursuant to Section 44244 upon receipt of any of the following:
(1) (A) Official records of a state or federal court that reflect
a conviction or plea, including a plea of nolo contendere, to a
criminal offense or official records of a state court that adjudge a
juvenile to be a dependent of the court pursuant to Section 300 of
the Welfare and Institutions Code due to allegations of sexual
misconduct or physical abuse by a credentialholder or applicant.
(B) Nothing in subparagraph (A) shall be construed to relieve the
commission from the confidentiality provisions, notice, and due
process requirements set forth in Section 827 of the Welfare and
Institutions Code.
(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) A statement described in paragraph (3) of subdivision (b).
(4) Official records of a governmental licensing entity that
reflect an administrative proceeding or investigation, otherwise
authorized by law or regulation, which has become final.
(5) A notice described in paragraph (5) of subdivision (b).
(6) A response or failure to disclose, as described in paragraph
(6) of subdivision (b).
(e) (1) Upon completion of its investigation, the committee shall
report its actions and recommendations to the commission, including
its findings as to probable cause, and if probable cause exists, its
recommendations as to the appropriate adverse action.
(2) The findings shall be available, upon its request, to the
employing or last known employing school district, or, if adverse
action is recommended by the committee and the credentialholder has
not filed a timely appeal of the recommendation of the committee
pursuant to Section 44244.1, upon a request made within five years of
the date of the committee's recommendations to a school district
providing verification that the credentialholder has applied for
employment in the school district. The findings, for all purposes,
shall remain confidential and limited to school district personnel in
a direct supervisory capacity in relation to the person
investigated. Any person who otherwise releases findings received
from the committee or the commission, absent a verified release
signed by the person who is the subject of the investigation, shall
be guilty of a misdemeanor.
(3) The findings shall not contain any information that reveals
the identity of persons other than the person who is the subject of
the investigation.
(f) (1) Except as provided in paragraph (2) and, notwithstanding
subdivision (b), for purposes of determining whether jurisdiction
exists under subdivision (b), the commission, in accordance with
Section 44341, may make inquiries and requests for production of
information and records only from the Department of Justice, a law
enforcement agency, a state or federal court, and a licensing agency
of this state or a licensing agency of another state.
(2) For purposes of determining whether jurisdiction exists,
paragraph (1) does not apply to release of personnel records.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
