BILL NUMBER: AB 449 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Muratsuchi
FEBRUARY 19, 2013
An act to amend Section 44242.5 of, and to repeal and add
Section 44030 of, the Education Code, relating to elementary
and secondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 449, as amended, Muratsuchi. Elementary and secondary
education: pupil safety and certificated school
employees. employees: school district
superintendent: reports to Commission on Teacher Credentialing.
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.
This bill would delete that provision.
Existing law provides 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
provides for the employment of certificated school
employees by school districts. Existing law provides for the
credentialing of certificated employees of a school district by the
Commission on Teacher Credentialing.
This bill would 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. 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.
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.
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.
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 no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44030 of the
Education Code is repealed.
44030. 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 one hundred dollars
($100).
SEC. 2. Section 44030 is added to the
Education Code , to read:
44030. (a) The superintendent of a school district employing a
person with a credential shall report any change in the employment
status of the credentialholder to the commission 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.
(b) For purposes of subdivision (a), a change of employment status
due solely to unsatisfactory performance pursuant to paragraph (4)
of subdivision (a) of Section 44932 or a reduction in force pursuant
to Sections 44955 to 44958, inclusive, is not an allegation of
misconduct.
(c) The failure to make the report required by subdivision (a) is
unprofessional conduct and shall subject the superintendent of the
school district to adverse action by the commission.
(d) (1) The refusal or willful neglect to make the report required
by subdivision (a) is a misdemeanor, punishable as follows:
(A) Upon a first conviction, by a fine of not less than five
hundred dollars ($500) or more than one thousand dollars ($1,000).
(B) Upon a second or subsequent conviction, by a fine of not less
than one thousand dollars ($1,000) or more than five thousand dollars
($5,000).
(2) All fines imposed pursuant to this subdivision are the
personal responsibility of the superintendent of the school district
and may not be paid or reimbursed by any other person, source, or
entity.
SEC. 3. Section 44242.5 of the
Education Code is amended to read:
44242.5. (a) 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 shall be presented to the Committee of
Credentials.
(b) The committee has jurisdiction to commence an initial review
upon receipt of any of the following:
(1) (A) Official records of the Department of Justice, of a law
enforcement agency, of a state or federal court, and of any other
agency of this state or another state.
(B) For purposes of subparagraph (A), "agency of this state" has
the same meaning as that of "state agency" as set forth in Section
11000 of the Government Code.
(2) An affidavit or declaration signed by person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) (A) A statement from an employer notifying the commission
that, as a result of, or while an allegation of misconduct is
pending, a credential holder has been dismissed, nonreelected,
suspended for more than 10 days, or placed pursuant to a final
adverse employment action on unpaid administrative leave for more
than 10 days, or has resigned or otherwise left employment.
(B) The employer shall provide the notice described in
subparagraph (A) to the commission not later than 30 days after the
dismissal, nonreelection, suspension, placement on unpaid
administrative leave, resignation, or departure from employment of
the employee.
(C) For purposes of subparagraphs (A) and (B), a change in status
due solely to unsatisfactory performance pursuant to paragraph (4) of
subdivision (a) of Section 44932 or a reduction in force pursuant to
Sections 44955 to 44958, inclusive, is not an allegation of
misconduct.
(4) A writing, as defined by Section 250 of the Evidence Code,
notifying the commission that a superintendent of a school district
employing a person with a credential has failed to make the report
required by subdivision (a) of Section 44030.
(4)
(5) A notice from an employer that a complaint was
filed with the school district alleging sexual misconduct by a
credential holder. Results of an investigation by the committee based
on this paragraph shall not be considered for action by the
committee unless there is evidence presented to the committee in the
form of a written or oral declaration under penalty of perjury that
confirms the personal knowledge of the declarant regarding the acts
alleged to constitute misconduct.
(5)
(6) A notice from a school district, employer, public
agency, or testing administrator of a violation of Section 44420,
44421.1, 44421.5, or 44439.
(6)
(7) (A) An affirmative response on an application
submitted to the commission as to any conviction, adverse action on,
or denial of, a license, or pending investigation into a criminal
allegation or pending investigation of a noncriminal allegation of
misconduct by a governmental licensing entity.
(B) Failure to disclose any matter set forth in subparagraph (A).
(c) An initial review commences on the date that the written
notice is mailed to the applicant or credential holder that his or
her fitness to hold a credential is under review. Upon commencement
of a formal review pursuant to Section 44244, the committee shall
investigate all alleged misconduct and the circumstances in
mitigation and aggravation. The investigation shall include, but not
be limited to, all of the following:
(1) Investigation of the fitness and competence of the applicant
or credential holder to perform the duties authorized by the
credential for which he or she has applied or that he or she
presently holds.
(2) Preparation of a summary of the applicable law, a summary of
the facts, contested and uncontested, and a summary of any
circumstances in aggravation or mitigation of the allegation.
(3) Determination of probable cause for an adverse action on the
credential. If the allegation is for unprofessional or immoral
conduct, the committee, in any formal review conducted pursuant to
Section 44244 to determine probable cause, shall permit the employer
of the credential holder to be present while testimony is taken. If
the allegation of unprofessional or immoral conduct involves sexual
abuse, the employer shall be examined in the meeting for any relevant
evidence relating to the sexual abuse.
(A) If the committee determines that probable cause for an adverse
action does not exist, the committee shall terminate the
investigation.
(B) If the committee determines that probable cause for an adverse
action on the credential exists, upon receipt of a request from an
applicant or a credential holder pursuant to Section 44244.1, the
commission shall initiate an adjudicatory hearing, as prescribed by
Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of
the Government Code, by filing an accusation or statement of issues.
(d) The committee has jurisdiction to commence a formal review
pursuant to Section 44244 upon receipt of any of the following:
(1) (A) Official records of a state or federal court that reflect
a conviction or plea, including a plea of nolo contendere, to a
criminal offense or official records of a state court that adjudge a
juvenile to be a dependent of the court pursuant to Section 300 of
the Welfare and Institutions Code due to allegations of sexual
misconduct or physical abuse by a credential holder or applicant.
(B) Nothing in subparagraph (A) shall be construed to relieve the
commission from the confidentiality provisions, notice, and due
process requirements set forth in Section 827 of the Welfare and
Institutions Code.
(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) A statement described in paragraph (3) of subdivision (b).
(4) Official records of a school district or of the commission
that confirm that the report required by subdivision (a) of Section
44030 was not made as required by that section.
(4)
(5) Official records of a governmental licensing entity
that reflect an administrative proceeding or investigation,
otherwise authorized by law or regulation, which has become final.
(5)
(6) A notice described in paragraph (5)
(6) of subdivision (b).
(6)
(7) A response or failure to disclose, as described in
paragraph (6) (7) of subdivision (b).
(e) (1) Upon completion of its investigation, the committee shall
report its actions and recommendations to the commission, including
its findings as to probable cause, and if probable cause exists, its
recommendations as to the appropriate adverse action.
(2) The findings shall be available, upon its request, to the
employing or last known employing school district, or, if adverse
action is recommended by the committee and the credential holder has
not filed a timely appeal of the recommendation of the committee
pursuant to Section 44244.1, upon a request made within five years of
the date of the committee's recommendations to a school district
providing verification that the credential holder has applied for
employment in the school district. The findings, for all
purposes, shall remain confidential and limited to school district
personnel in a direct supervisory capacity in relation to the person
investigated. Any person who otherwise releases findings received
from the committee or the commission, absent a verified release
signed by the person who is the subject of the investigation, shall
be guilty of a misdemeanor.
(3) The findings shall not contain any information that reveals
the identity of persons other than the person who is the subject of
the investigation.
(f) (1) Except as provided in paragraph (2) and, notwithstanding
subdivision (b), for purposes of determining whether jurisdiction
exists under subdivision (b), the commission, in accordance with
Section 44341, may make inquiries and requests for production of
information and records only from the Department of Justice, a law
enforcement agency, a state or federal court, and a licensing agency
of this state or a licensing agency of another state.
(2) For purposes of determining whether jurisdiction exists,
paragraph (1) does not apply to release of personnel records.
SEC. 4. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. It is 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.