Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 449


Introduced by Assembly Member Muratsuchi

February 19, 2013


An actbegin insert to amend Section 44242.5 of, and to repeal and add Section 44030 of, the Education Code,end insert relating to elementary and secondary education.

LEGISLATIVE COUNSEL’S DIGEST

AB 449, as amended, Muratsuchi. Elementary and secondary education:begin delete pupil safety andend delete certificated schoolbegin delete employees.end deletebegin insert employees: school district superintendent: reports to Commission on Teacher Credentialing.end insert

begin insert

Existing law provides that any principal, teacher, employee, or school officer of any elementary or secondary school who refuses or willfully neglects to make such reports as are required by law is guilty of a misdemeanor and is punishable by a fine of not more than $100.

end insert
begin insert

This bill would delete that provision.

end insert

Existing law providesbegin delete that school districts and county offices of education are responsible for the overall development of a comprehensive school safety plan for their schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law providesend delete for the employment of certificated school employees by school districts.begin insert Existing law provides for the credentialing of certificated employees of a school district by the Commission on Teacher Credentialing.end insert

This bill wouldbegin delete state the intent of the Legislature to enact legislation that would ensure the safety of California’s school pupils and promote the professionalism of certificated school employees.end deletebegin insert require the superintendent of a school district with certificated employees to report to the commission any change in the employment status of a credentialholder, 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. The bill would make failure to make the report unprofessional conduct and subject the superintendent of the school district to adverse action by the commission, and would make the refusal or willful neglect to make the report a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.end insert

begin insert

Under existing law, 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, is required to be presented to the Committee of Credentials. Existing law provides that the committee has jurisdiction to commence an initial review and a formal review upon receipt of any of specified records, declarations, statements, notices, or responses.

end insert
begin insert

This bill would provide that the committee has jurisdiction to commence an initial review also upon receipt of a writing, as defined, notifying the Commission on Teacher Credentialing that a superintendent of a school district employing a person with a credential has failed to make the report described above regarding the change in employment status of a credentialholder. The bill would provide that the committee has jurisdiction to commence a formal review also upon receipt of official records of a school district or of the commission that confirm that the report described above was not made by a superintendent of a school district.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 44030 of the end insertbegin insertEducation Codeend insertbegin insert is repealed.end insert

begin delete
2

44030.  

Any principal, teacher, employee, or school officer of
3any elementary or secondary school who refuses or willfully
4neglects to make such reports as are required by law is guilty of a
5misdemeanor and is punishable by a fine of not more than one
6hundred dollars ($100).

end delete
7begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 44030 is added to the end insertbegin insertEducation Codeend insertbegin insert, to read:end insert

begin insert
8

begin insert44030.end insert  

(a) The superintendent of a school district employing
9a person with a credential shall report any change in the
10employment status of the credentialholder to the commission not
11later than 30 days after the change in employment status, if the
12credentialholder, while working in a position requiring a
13credential, and as a result of an allegation of misconduct or while
14an allegation of misconduct is pending, is dismissed, is
15nonreelected, resigns, is suspended or placed on unpaid
16administrative leave for more than 10 days as a final adverse
17action, retires, or is otherwise terminated by a decision not to
18employ or reemploy.

19(b) For purposes of subdivision (a), a change of employment
20status due solely to unsatisfactory performance pursuant to
21 paragraph (4) of subdivision (a) of Section 44932 or a reduction
22in force pursuant to Sections 44955 to 44958, inclusive, is not an
23allegation of misconduct.

24(c) The failure to make the report required by subdivision (a)
25is unprofessional conduct and shall subject the superintendent of
26the school district to adverse action by the commission.

27(d) (1) The refusal or willful neglect to make the report required
28by subdivision (a) is a misdemeanor, punishable as follows:

29(A) Upon a first conviction, by a fine of not less than five
30hundred dollars ($500) or more than one thousand dollars
31($1,000).

32(B) Upon a second or subsequent conviction, by a fine of not
33less than one thousand dollars ($1,000) or more than five thousand
34dollars ($5,000).

35(2) All fines imposed pursuant to this subdivision are the
36personal responsibility of the superintendent of the school district
37and may not be paid or reimbursed by any other person, source,
38or entity.

end insert
P4    1begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 44242.5 of the end insertbegin insertEducation Codeend insertbegin insert is amended to
2read:end insert

3

44242.5.  

(a) Each allegation of an act or omission by an
4applicant for, or holder of, a credential for which he or she may
5be subject to an adverse action shall be presented to the Committee
6of Credentials.

7(b) The committee has jurisdiction to commence an initial
8review upon receipt of any of the following:

9(1) (A) Official records of the Department of Justice, of a law
10enforcement agency, of a state or federal court, and of any other
11agency of this state or another state.

12(B) For purposes of subparagraph (A), “agency of this state”
13has the same meaning as that of “state agency” as set forth in
14Section 11000 of the Government Code.

15(2) An affidavit or declaration signed by person or persons with
16personal knowledge of the acts alleged to constitute misconduct.

17(3) (A) A statement from an employer notifying the commission
18that, as a result of, or while an allegation of misconduct is pending,
19a credential holder has been dismissed, nonreelected, suspended
20for more than 10 days, or placed pursuant to a final adverse
21employment action on unpaid administrative leave for more than
2210 days, or has resigned or otherwise left employment.

23(B) The employer shall provide the notice described in
24subparagraph (A) to the commission not later than 30 days after
25the dismissal, nonreelection, suspension, placement on unpaid
26administrative leave, resignation, or departure from employment
27 of the employee.

begin insert

28(C) For purposes of subparagraphs (A) and (B), a change in
29status due solely to unsatisfactory performance pursuant to
30paragraph (4) of subdivision (a) of Section 44932 or a reduction
31in force pursuant to Sections 44955 to 44958, inclusive, is not an
32allegation of misconduct.

end insert
begin insert

33(4) A writing, as defined by Section 250 of the Evidence Code,
34notifying the commission that a superintendent of a school district
35employing a person with a credential has failed to make the report
36required by subdivision (a) of Section 44030.

end insert
begin delete

37(4)

end delete

38begin insert(5)end insert A notice from an employer that a complaint was filed with
39the school district alleging sexual misconduct by a credential
40holder. Results of an investigation by the committee based on this
P5    1paragraph shall not be considered for action by the committee
2unless there is evidence presented to the committee in the form of
3a written or oral declaration under penalty of perjury that confirms
4the personal knowledge of the declarant regarding the acts alleged
5to constitute misconduct.

begin delete

6(5)

end delete

7begin insert(6)end insert A notice from a school district, employer, public agency, or
8testing administrator of a violation of Section 44420, 44421.1,
944421.5, or 44439.

begin delete

10(6)

end delete

11begin insert(7)end insert (A) An affirmative response on an application submitted
12to the commission as to any conviction, adverse action on, or denial
13of, a license, or pending investigation into a criminal allegation or
14pending investigation of a noncriminal allegation of misconduct
15by a governmental licensing entity.

16(B) Failure to disclose any matter set forth in subparagraph (A).

17(c) An initial review commences on the date that the written
18notice is mailed to the applicant or credential holder that his or her
19fitness to hold a credential is under review. Upon commencement
20of a formal review pursuant to Section 44244, the committee shall
21investigate all alleged misconduct and the circumstances in
22mitigation and aggravation. The investigation shall include, but
23not be limited to, all of the following:

24(1) Investigation of the fitness and competence of the applicant
25or credential holder to perform the duties authorized by the
26credential for which he or she has applied or that he or she presently
27holds.

28(2) Preparation of a summary of the applicable law, a summary
29of the facts, contested and uncontested, and a summary of any
30circumstances in aggravation or mitigation of the allegation.

31(3) Determination of probable cause for an adverse action on
32the credential. If the allegation is for unprofessional or immoral
33conduct, the committee, in any formal review conducted pursuant
34to Section 44244 to determine probable cause, shall permit the
35employer of the credential holder to be present while testimony is
36taken. If the allegation of unprofessional or immoral conduct
37involves sexual abuse, the employer shall be examined in the
38meeting for any relevant evidence relating to the sexual abuse.

P6    1(A) If the committee determines that probable cause for an
2adverse action does not exist, the committee shall terminate the
3investigation.

4(B) If the committee determines that probable cause for an
5adverse action on the credential exists, upon receipt of a request
6from an applicant or a credential holder pursuant to Section
744244.1, the commission shall initiate an adjudicatory hearing, as
8prescribed by Chapter 5 (commencing with Section 11500) of
9Division 3 of Title 2 of the Government Code, by filing an
10accusation or statement of issues.

11(d) The committee has jurisdiction to commence a formal review
12pursuant to Section 44244 upon receipt of any of the following:

13(1) (A) Official records of a state or federal court that reflect a
14conviction or plea, including a plea of nolo contendere, to a
15criminal offense or official records of a state court that adjudge a
16juvenile to be a dependent of the court pursuant to Section 300 of
17the Welfare and Institutions Code due to allegations of sexual
18misconduct or physical abuse by a credential holder or applicant.

19(B) Nothing in subparagraph (A) shall be construed to relieve
20the commission from the confidentiality provisions, notice, and
21due process requirements set forth in Section 827 of the Welfare
22and Institutions Code.

23(2) An affidavit or declaration signed by a person or persons
24with personal knowledge of the acts alleged to constitute
25misconduct.

26(3) A statement described in paragraph (3) of subdivision (b).

begin insert

27(4) Official records of a school district or of the commission
28that confirm that the report required by subdivision (a) of Section
2944030 was not made as required by that section.

end insert
begin delete

30(4)

end delete

31begin insert(5)end insert Official records of a governmental licensing entity that
32reflect an administrative proceeding or investigation, otherwise
33authorized by law or regulation, which has become final.

begin delete

34(5)

end delete

35begin insert(6)end insert A notice described in paragraphbegin delete (5)end deletebegin insert (6)end insert of subdivision (b).

begin delete

36(6)

end delete

37begin insert(7)end insert A response or failure to disclose, as described in paragraph
38begin delete (6)end deletebegin insert (7)end insert of subdivision (b).

39(e) (1) Upon completion of its investigation, the committee
40shall report its actions and recommendations to the commission,
P7    1including its findings as to probable cause, and if probable cause
2exists, its recommendations as to the appropriate adverse action.

3(2) The findings shall be available, upon its request, to the
4employing or last known employing school district, or, if adverse
5action is recommended by the committee and the credential holder
6has not filed a timely appeal of the recommendation of the
7committee pursuant to Section 44244.1, upon a request made within
8five years of the date of the committee’s recommendations to a
9school district providing verification that the credential holder has
10applied for employment in thebegin insert schoolend insert district. The findings, for all
11purposes, shall remain confidential and limited to school district
12personnel in a direct supervisory capacity in relation to the person
13investigated. Any person who otherwise releases findings received
14from the committee or the commission, absent a verified release
15signed by the person who is the subject of the investigation, shall
16be guilty of a misdemeanor.

17(3) The findings shall not contain any information that reveals
18the identity of persons other than the person who is the subject of
19the investigation.

20(f) (1) Except as provided in paragraph (2) and, notwithstanding
21subdivision (b), for purposes of determining whether jurisdiction
22exists under subdivision (b), the commission, in accordance with
23Section 44341, may make inquiries and requests for production
24of information and records only from the Department of Justice,
25a law enforcement agency, a state or federal court, and a licensing
26agency of this state or a licensing agency of another state.

27(2) For purposes of determining whether jurisdiction exists,
28paragraph (1) does not apply to release of personnel records.

29begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.

end insert
begin delete
38

SECTION 1.  

It is the intent of the Legislature to enact
39legislation that would ensure the safety of California’s school
P8    1pupils and promote the professionalism of certificated school
2employees.

end delete


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