AB 349,
as amended, Gatto. Classified employees: misconductbegin delete againstend deletebegin insert involvingend insert a child: reports.
Existing law authorizes the governing board of a school district to lay off and reemploy classified employees in accordance with specified procedures. Existing law requires classified employees subject to a layoff, to be effective at the end of the school year, to be given written notice on or before April 29 informing them of the layoff and of any displacement and reemployment rights.
This bill would require the superintendent of the employing school district or a charter school administrator to report a change in employment status to the State Department of Education when a classified employee is dismissed, is suspended, resigns, retires, or is otherwise terminated by a decision not to employ or reemploy, as a result of allegations of misconductbegin delete againstend deletebegin insert
involvingend insert a child, as defined. The bill would require the report to the department to contain all known information about each alleged act of misconductbegin insert, as specified,end insert and would require the department to maintain the reportbegin insert by county and by the employee’s name in a searchable format. The bill would require the department to establish due process procedures for purposes of removing a classified employee’s name from the reports, as provided, and procedures for determining whether a decision to dismiss, suspend, or not to employ or reemploy a classified employee, or when an employee resigns or retires, as a result of an allegation of misconduct involving a child or while an allegation of misconduct involving a child is pending are proven unfounded or substantiated, as the bill would define
those termsend insert. By imposing a new duty on a school district or charter school, the bill would create 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertIt is the intent of the Legislature that the State
2Department of Education and the Commission on Teacher
3Credentialing enter into an interagency agreement for a minimum
4of three years, in order for the commission to provide assistance
5to the department in administering Section 45118 of the Education
6Code.end insert
Section 45118 is added to the Education Code, to read:
(a) begin insert(1)end insertbegin insert end insert When a classified employee is dismissed,
10resigns, is suspended, retires, or is otherwise terminated by a
11decision not to employ or reemploy, as a result of an allegation of
12misconductbegin delete againstend deletebegin insert involvingend insert a child or while an allegation of
13misconductbegin delete againstend deletebegin insert
involvingend insert a child is pending, the superintendent
14of the employing school district or a charter school administrator
15shall report the change in employment status to the department no
16later than 30 days after the employment action.
17(2) “Otherwise terminated by a decision not to employ or
18reemploy” as used in paragraph (1) shall not include or be
P3 1interpreted to include a change of status that is solely for a layoff
2as described in Section 45308.
3(b) Forbegin delete theend delete purposes of the this section, “allegation of
4misconductbegin delete againstend deletebegin insert
involvingend insert a child” meansbegin delete an offense specifiedend delete
5begin insert
misconduct that involves any of the acts describedend insert in Sections
611165.2 to 11165.6, inclusive, of the Penalbegin delete Code, a sex offense as begin insert Code and Sectionend insert 44010, andbegin insert that involvesend insert
7specified in Sectionsend delete
8 aiding or abetting the unlawful sale to, use by, or exchange to
9minors of a controlled substance listed in Schedule I, II, or III as
10included in Sections 11054, 11055, and 11056 of the Health and
11Safety Code.
12(c) For purposes of this section, the term “school district”
13includes a county office of education.
14(d) The report shall contain all known information about each
15alleged act ofbegin delete misconduct.end deletebegin insert
misconduct and shall include all of the
16following:end insert
17(1) The name of the classified employee.
end insertbegin insert18(2) The current address of the classified employee.
end insertbegin insert19(3) The name of the reporting school district or charter school.
end insertbegin insert20(4) The name of the last school of employment.
end insertbegin insert
21(5) An explanation of the allegation of misconduct or pending
22allegation of misconduct.
23(6) Current contact information for all persons who may have
24information relating to allegation of misconduct.
25(7) Any and all documentation related to the case.
end insert
26(e) The report shall be made to the department regardless of any
27proposed or actual agreement, settlement, or stipulation not to
28make such a report. The report shall also be made if allegations of
29misconductbegin delete againstend deletebegin insert involvingend insert a child served on the employee are
30withdrawn in consideration of the employee’s resignation,
31retirement, or other failure to contest the truth of the allegations.
32The department shall maintain these reports by county and by
33begin delete school district or charter school.end deletebegin insert
the employee’s name, in a
34searchable format. This information shall not be made available
35to the general public.end insert
36(f) The superintendent of an employing school district or a
37charter school administrator shall, in writing, inform a classified
38employee of the content of this section if that employee is
39dismissed, resigns, is suspended, retires, or is otherwise terminated
40by a decision not to employ or reemploy, as a result of an allegation
P4 1of misconductbegin delete againstend deletebegin insert involvingend insert a child or while an allegation of
2misconduct begin deleteagainst end deletebegin insertinvolving
end inserta child is pending.
3(g) The department shall establish due process procedures with
4the purpose of removing a classified employee’s name from the
5reports maintained pursuant to subdivision (e). These procedures
6shall include, but not be limited to, a timeframe for how long a
7classified employee’s name shall be included in the reports
8maintained pursuant to subdivision (e).
9(h) (1) The department shall establish procedures to determine
10whether a decision to dismiss, suspend, or not to employ or
11reemploy a classified employee, or when an employee resigns or
12retires, as a result of an allegation of misconduct involving a child
13or while an allegation of misconduct involving a child is pending
14are proven unfounded or substantiated. If the department
15
determines the allegation of misconduct involving a child are
16proved unfounded, the classified employee’s name shall not be
17included in reports established pursuant to this section.
18(A) For purposes of this section “unfounded” means a report
19that is determined by the department to be false, to involve an
20accidental injury, or to not constitute misconduct involving a child
21as defined in subdivision (b).
22(B) For purposes of this section “substantiated” means a report
23determined by the department to constitute misconduct involving
24a child, based upon evidence that makes it more likely than not
25that misconduct, as described in subdivision (b), occurred.
26(2) If a school district or charter school initiates an
investigation
27against a classified employee for allegations involving a child as
28defined in this section, the school district or charter school shall
29provide the department with all relevant information pertinent to
30this investigation.
If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
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