BILL ANALYSIS Ó
AB 449
Page 1
ASSEMBLY THIRD READING
AB 449 (Muratsuchi)
As Amended April 25, 2013
Majority vote
EDUCATION 7-0 APPROPRIATIONS 17-0
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|Ayes:|Buchanan, Olsen, Gomez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Chávez, Nazarian, | |Bocanegra, Bradford, Ian |
| |Ammiano, Williams | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Specifies that if a school district or county
superintendent or administrator of a charter school fails to
report to the Commission on Teacher Credentialing (CTC) when a
certificated employee has a change in employment status, the
superintendent may be subject to adverse action by the CTC; and,
specifies that failure to make such a report is a misdemeanor
punishable by a fine of between $500 and $1000. Specifically,
this bill :
1)Deletes the existing requirement that any principal, teacher,
employee, or school officer of any elementary or secondary
school who refuses or willfully neglects to make a report is
guilty of a misdemeanor and is punishable by a fine of not
more than $100.
2)Requires the superintendent of a school district or county
office of education, or the administrator of a charter school
employing a person with a credential to report any change in
the employment status of the credential holder to the CTC not
later than 30 days after the change in employment status, if
the credential holder, 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.
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3)Specifies that a change of employment status due solely to
unsatisfactory performance or a reduction in force is not an
allegation of misconduct.
4)Specifies that the failure to make the report to the CTC is
unprofessional conduct and may subject the superintendent of
the school district or county office of education, or the
administrator of a charter school to adverse action by the
CTC.
5)Specifies the refusal or willful neglect to make the report to
the CTC is a misdemeanor, punishable by a fine of not less
than $500 or more than $1,000.
6)Specifies that all fines imposed are the personal
responsibility of the superintendent or the administrator of a
charter school and may not be paid or reimbursed using public
funds.
7)Specifies that for allegations of misconduct that are
presented to the Committee on Credentials (COC), a change in
status due solely to unsatisfactory performance or a reduction
in force is not an allegation of misconduct.
EXISTING LAW :
1)Specifies any principal, teacher, employee, or school officer
of any elementary or secondary school who refuses or willfully
neglects to make reports as are required by law to the CTC is
guilty of a misdemeanor and is punishable by a fine of not
more than $100. (Education Code Section 44030)
2)Specifies that whenever a credential holder, working in a
position requiring a credential is dismissed or nonreelected;
resigns; is suspended or placed on unpaid administrative leave
as a final adverse employment action for more than 10 days;
retires; or is otherwise terminated by a decision not to
employ or re-employ; as a result of an allegation of
misconduct or while an allegation of misconduct is pending,
the superintendent of the employing school district shall
report the change in employment status to the Commission not
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later than 30 days after the employment action. Specifies the
report shall contain all known information about each alleged
act of misconduct. Specifies the report shall be made to the
CTC regardless of any proposed or actual agreement,
settlement, or stipulation not to make such a report. The
report shall also be made if allegations served on the holder
are withdrawn in consideration of the holder's resignation,
retirement or other failure to contest the truth of the
allegations. Failure to make a report required under this
section constitutes unprofessional conduct. The COC may
investigate any superintendent who holds a credential who
fails to file reports required by this section. The
superintendent of an employing school direct shall, in
writing, inform a credential holder of the content of this
regulation whenever that credential holder, working in a
position requiring a credential, is dismissed, nonreelected,
resigns, is suspended or placed on unpaid administrative leave
as a final adverse employment action for more than 10 days,
retires or is otherwise terminated by a decision not to employ
or re-employ as a result of an allegation of misconduct or
while an allegation of misconduct is pending. Failure to
comply with this subdivision by a superintendent of schools
constitutes unprofessional conduct which shall be investigated
by the Committee of Credentials. (California Code of
Regulations Title 5 Section 80303)
3) Specifies any mandated reporter who fails to report an
incident of known or reasonably suspected child abuse or
neglect is guilty of a misdemeanor punishable by up to six
months confinement in a county jail or by a fine of $1,000
or by both that imprisonment and fine. (Penal Code Section
11166)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, General Fund administrative costs, likely
between $50,000 and $150,000, to the CTC for increased workload
to process educator misconduct reports received from county
office of education (COE) superintendents and charter school
administrators. Currently, the CTC only receives these reports
from school districts superintendents. There are 58 counties
and 1,062 charter schools in 2012-13. Minor, non-reimbursable
local law enforcement costs, offset by fine revenue to establish
a misdemeanor for the refusal or willful neglect to make a
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report, as specified.
COMMENTS : According to the author, in November 2012, the
California State Auditor released a report regarding Los Angeles
Unified School District's (LAUSD) handling of allegations of
teacher misconduct. The State Auditor found that LAUSD failed
to timely report at least 144 cases of teacher misconduct when
required to do so, with at least 31 of these cases reported 3
years late. As a result, the CTC was not able to review
teachers who may have been unfit for the classroom.
In particular, the State Auditor's report highlighted one case
where the superintendent failed to report an allegation of
sexual misconduct for three years. This teacher allegedly had a
sexual relationship with a student; however the district's lack
of timely reporting meant that for 3.5 years the CTC could not
take any steps to revoke the teacher's certificate and thus
prevent the teacher from working in other school districts.
Reporting delays not only jeopardize the safety of the students
at the teacher's current school, but also any school district
throughout the state.
Existing statute does not clearly state that it is a
superintendent's duty to report to the CTC when a school
district takes employment action against a credential holder as
a result of an allegation of misconduct, and does not grant the
CTC clear authority to hold a superintendent accountable for
failure to make such a report.
This bill would remedy this deficiency in current law, and help
ensure the welfare and safety of school children. This bill
specifies that a superintendent must report to the CTC within 30
days when a school district takes employment action against a
credential holder as a result of an allegation of misconduct.
This bill would hold superintendents accountable by constituting
a failure to report as unprofessional conduct and could subject
the superintendent to fines and adverse action by the CTC.
Additionally, the State Auditor's report found that LAUSD
reported many cases that did not require reporting, thereby
unnecessarily amplifying the workload for the CTC. By
improperly labeling and reporting as "misconduct" unsatisfactory
teaching performance, lay-offs, or reduction in work force,
school districts consume valuable CTC resources that should be
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invested in reviewing final employment actions that arise from
genuine misconduct, such as sexual misconduct. This bill
clarifies that such cases are not considered as allegations of
misconduct, and will help eliminate reporting of such cases to
the CTC where the final employment actions do not arise from
true misconduct.
This bill seeks to protect children and ensure that they are
safe at school. This bill fills in the gaps in current law by
creating a statutory duty to report to the CTC and provides the
CTC with clear authority to hold the superintendent accountable
when there is a breach in that duty.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0000802