BILL NUMBER: AB 349 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2013
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: allegations
of misconduct involving a child:
misconduct: 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 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.
Existing constitutional provisions require that a statute that
limits the right of access to public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the
interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
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.
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
involving a child or while an allegation of
misconduct 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 purposes of the this section, "allegation of
misconduct involving a child" misconduct "
means misconduct that involves any of the acts described in
Sections 11165.2 to 11165.6, inclusive, of the Penal 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. the
following sections:
(1) Sections 187, 188, 189, and 192, as this section relates to
voluntary manslaughter, Sections 203, 205, 206, 207, 209 to 211,
inclusive, 214, 215, 217,1, 220, 222, 244, 245, 261, 261.5, 262, 265
to 266j, inclusive, 267, 273a, 273ab, 273d, 273f, 273g, 278, 285,
286, 286.5, 288, 288.2 to 288a, inclusive, 424, 425, 503, 504, and
11165.2 to 11165.6, inclusive, of the Penal Code.
(2) Sections 484, 484.1, 484b, 484c, and 484e to 488, inclusive,
of the Penal Code, as these sections relate to felony convictions.
(3) Section 44010 of this code.
(4) Any act that involves a controlled substance offense, as
described in Section 44011 of this code, that involves a minor.
(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 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 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 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 involving a child or
while an allegation of misconduct involving a child
is pending.
(g) The department shall establish due process procedures
with for 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 pending, is
proven unfounded or substantiated. If the department determines
the allegation of misconduct involving a child are
is proved unfounded, the classified employee's
name shall not be included in reports established pursuant to this
section.
(A) For purposes of this section 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) , based on the preponderance of the
evidence .
(B) For purposes of this section section,
"substantiated" means a report determined by the department to
constitute misconduct involving a child , based
upon a preponderance of the 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 of misconduct as defined in
this section, the school district or charter school shall provide the
department with all relevant information pertinent to this
investigation.
SEC. 3. The Legislature finds and declares that
this act imposes a limitation on the public's right of access to the
meetings of public bodies or the writings of public officials and
agencies within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to that constitutional provision,
the Legislature makes the following finding to demonstrate the
interest protected by this limitation and the need for protecting the
interest:
In order to protect sensitive employment matters, it is necessary
that this act take effect with the limitation on public access to
certain reports as specified in subdivision (e) of Section 45118 of
the Education Code.
SEC. 3. SEC. 4. 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.