AB 349, as amended, Gatto. Classified employees: allegations of 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, 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 or while an allegation of misconduct is pending are proven unfounded or substantiated, as the bill would define those terms.begin insert The bill would limit the availability of the report to a school district or charter school for purposes of verifying previous employment action for a classified employee who is being considered for employment.end insert 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:
It 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.
Section 45118 is added to the Education Code, to read:
(a) (1) When a classified employee is dismissed,
9resigns, is suspended, retires, or is otherwise terminated by a
P3 1decision not to employ or reemploy, as a result of an allegation of
2misconduct or while an allegation of misconduct is pending, the
3superintendent of the employing school district or a charter school
4administrator shall report the change in employment status to the
5department no later than 30 days after the employment action.
6(2) “Otherwise terminated by a decision not to employ or
7reemploy” as used in paragraph (1) shall not include or be
8interpreted to include a change of status that is solely for a layoff
9as described in
Section 45308.
10(b) For purposes ofbegin delete theend delete this section, “allegation of misconduct”
11means misconduct that involves any of the acts described in the
12following sections:
13(1) Sections 187, 188, 189, and 192, as this section relates to
14voluntary manslaughter, Sections 203, 205, 206, 207, 209 to 211,
15inclusive, 214, 215,begin delete 217,1,end deletebegin insert 217.1,end insert 220, 222, 244, 245, 261, 261.5,
16262, 265 to 266j, inclusive, 267, 273a, 273ab, 273d, 273f, 273g,
17278, 285, 286, 286.5, 288, 288.2 to 288a, inclusive, 424, 425, 503,
18504, and 11165.2 to 11165.6, inclusive, of the
Penal Code.
19(2) Sections 484, 484.1, 484b, 484c, and 484e to 488, inclusive,
20of the Penal Code, as these sections relate to felony convictions.
21(3) Section 44010 of this code.
22(4) Any act that involves a controlled substance offense, as
23described in Section 44011 of this code, that involves a minor.
24(c) For purposes of this section, the term “school district”
25includes a county office of education.
26(d) The report shall contain all known information about each
27alleged act of misconduct and shall include all of the following:
28(1) The name of the classified employee.
29(2) The current address of the classified employee.
30(3) The name of the reporting school district or charter school.
31(4) The name of the last school of employment.
32(5) An explanation of the allegation of misconduct or pending
33allegation of misconduct.
34(6) Current contact information for all persons who may have
35information relating tobegin insert theend insert allegation of misconduct.
36(7) Any and all documentation related to the case.
37(e) The report shall be made to the department regardless of any
38proposed or actual agreement, settlement, or stipulation not to
39make such a report. The report shall also be made if allegations of
40misconduct served on the employee are withdrawn in consideration
P4 1of the employee’s resignation, retirement, or other failure to contest
2the truth of the allegations. The department shall maintain these
3reports by county and by the employee’s name, in a searchable
4format. This information shall not be made available to the general
5public.
6(f) The superintendent of an employing school district or a
7charter school administrator shall, in writing, inform a classified
8employee of the content of this section if that employee is
9dismissed, resigns, is suspended, retires, or is otherwise terminated
10
by a decision not to employ or reemploy, as a result of an allegation
11of misconduct or while an allegation of misconduct is pending.
12(g) The department shall establish due process procedures for
13the purpose of removing a classified employee’s name from the
14reports maintained pursuant to subdivision (e). These procedures
15shall include, but not be limited to, a timeframe for how long a
16classified employee’s name shall be included in the reports
17maintained pursuant to subdivision (e).
18(h) (1) The department shall establish procedures to determine
19whether a decision to dismiss, suspend, or not to employ or
20reemploy a classified employee, or when an employee resigns or
21retires, as a result of an allegation of misconduct or while an
22allegation of
misconduct is pending, is proven unfounded or
23substantiated. If the department determines the allegation of
24misconduct is proved unfounded, the classified employee’s name
25shall not be included in reports established pursuant to this section.
26(A) For purposes of this section, “unfounded” means a report
27that is determined by the department to be false, to involve an
28accidental injury, or to not constitute misconduct as defined in
29subdivision (b), based on the preponderance of the evidence.
30(B) For purposes of this section, “substantiated” means a report
31determined by the department to constitute misconduct, based
32upon a preponderance of the evidence.
33(2) If a school district or charter school initiates
an investigation
34against a classified employee for allegations of misconduct as
35defined in this section, the school district or charter school shall
36provide the department with all relevant information pertinent to
37this investigation.
38(i) A report maintained by the department pursuant to this
39section shall only be made available upon request by a school
40district or charter school for the purpose of verifying previous
P5 1employment action subject to this section for a classified employee
2who is being considered for employment by the requesting school
3district or charter school.
The Legislature finds and declares that this act imposes
5a limitation on the public’s right of access to the meetings of public
6bodies or the writings of public officials and agencies within the
7meaning of Section 3 of Article I of the California Constitution.
8Pursuant to that constitutional provision, the Legislature makes
9the following finding to demonstrate the interest protected by this
10limitation and the need for protecting the interest:
11In order to protect sensitive employment matters, it is necessary
12that this act take effect with the limitation on public access to
13certain reports as specified in subdivision (e) of Section 45118 of
14the Education
Code.
If the Commission on State Mandates determines that
16this act contains costs mandated by the state, reimbursement to
17local agencies and school districts for those costs shall be made
18pursuant to Part 7 (commencing with Section 17500) of Division
194 of Title 2 of the Government Code.
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