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        
           
           ----------------------------------------------------------------- 
          |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 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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.








                                                                  AB 449
                                                                  Page  2



          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  








                                                                  AB 449
                                                                  Page  3


            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  








                                                                  AB 449
                                                                  Page  4


          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  








                                                                  AB 449
                                                                  Page  5


          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