BILL NUMBER: AB 349 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Gatto
FEBRUARY 13, 2013
An act to add Section 45118 to the Education Code, relating to
school administration.
LEGISLATIVE COUNSEL'S DIGEST
AB 349, as amended, Gatto. Classified employees: misconduct
against involving 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 misconduct against
involving a child, as defined. The bill would require the
report to the department to contain all known information about each
alleged act of misconduct , as specified, and would
require the department to maintain the report 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 terms . 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:
SECTION 1. It is the intent of the Legislature
that the State Department of Education and the Commission on Teacher
Credentialing enter into an interagency agreement for a minimum of
three years, in order for the commission to provide assistance to the
department in administering Section 45118 of the Education Code.
SECTION 1. SEC. 2. Section 45118 is
added to the Education Code, to read:
45118. (a) (1) When a classified employee
is dismissed, resigns, is suspended, retires, or is otherwise
terminated by a decision not to employ or reemploy, as a result of an
allegation of misconduct against involving
a child or while an allegation of misconduct against
involving a child is pending, the superintendent
of the employing school district or a charter school administrator
shall report the change in employment status to the department no
later than 30 days after the employment action.
(2) "Otherwise terminated by a decision not to employ or reemploy"
as used in paragraph (1) shall not include or be interpreted to
include a change of status that is solely for a layoff as described
in Section 45308.
(b) For the purposes of the this section,
"allegation of misconduct against involving
a child" means an offense specified
misconduct that involves any of the acts described in Sections
11165.2 to 11165.6, inclusive, of the Penal Code, a sex
offense as specified in Sections Code and Section
44010, and that involves aiding or abetting the
unlawful sale to, use by, or exchange to minors of a controlled
substance listed in Schedule I, II, or III as included in Sections
11054, 11055, and 11056 of the Health and Safety Code.
(c) For purposes of this section, the term "school district"
includes a county office of education.
(d) The report shall contain all known information about each
alleged act of misconduct. misconduct and
shall include all of the following:
(1) The name of the classified employee.
(2) The current address of the classified employee.
(3) The name of the reporting school district or charter school.
(4) The name of the last school of employment.
(5) An explanation of the allegation of misconduct or pending
allegation of misconduct.
(6) Current contact information for all persons who may have
information relating to allegation of misconduct.
(7) Any and all documentation related to the case.
(e) The report shall be made to the department regardless of any
proposed or actual agreement, settlement, or stipulation not to make
such a report. The report shall also be made if allegations of
misconduct against involving a child
served on the employee are withdrawn in consideration of the employee'
s resignation, retirement, or other failure to contest the truth of
the allegations. The department shall maintain these reports by
county and by school district or charter school.
the employee's name, in a searchable format. This information
shall not be made available to the general public.
(f) The superintendent of an employing school district or a
charter school administrator shall, in writing, inform a classified
employee of the content of this section if that employee is
dismissed, resigns, is suspended, retires, or is otherwise terminated
by a decision not to employ or reemploy, as a result of an
allegation of misconduct against inv
olving a child or while an allegation of misconduct
against involving a child is
pending.
(g) The department shall establish due process procedures with the
purpose of removing a classified employee's name from the reports
maintained pursuant to subdivision (e). These procedures shall
include, but not be limited to, a timeframe for how long a classified
employee's name shall be included in the reports maintained pursuant
to subdivision (e).
(h) (1) The department shall establish procedures to determine
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. If the department determines the
allegation of misconduct involving a child are proved unfounded, the
classified employee's name shall not be included in reports
established pursuant to this section.
(A) For purposes of this section "unfounded" means a report that
is determined by the department to be false, to involve an accidental
injury, or to not constitute misconduct involving a child as defined
in subdivision (b).
(B) For purposes of this section "substantiated" means a report
determined by the department to constitute misconduct involving a
child, based upon evidence that makes it more likely than not that
misconduct, as described in subdivision (b), occurred.
(2) If a school district or charter school initiates an
investigation against a classified employee for allegations involving
a child as defined in this section, the school district or charter
school shall provide the department with all relevant information
pertinent to this investigation.
SEC. 2. SEC. 3. If the Commission on
State Mandates determines that this act contains 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.