BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 449
Author: Muratsuchi (D)
Amended: 6/6/13 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 6/19/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Monning, Torres
SENATE APPROPRIATIONS COMMITTEE : 6-0, 7/1/13
AYES: De León, Walters, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Padilla
ASSEMBLY FLOOR : 78-0, 5/28/13 - See last page for vote
SUBJECT : Certificated school employees: reporting of
misconduct
SOURCE : California Teachers Association
DIGEST : This bill requires a superintendent of a school
district or county office of education (COE) or the
administrator of a charter school to report changes in the
employment status of certificated employees that result from
allegations of misconduct to the Commission on Teacher
Credentialing (CTC). This bill also constitutes failure to
report as a misdemeanor that is punishable by a fine of between
$500 and $1000.
ANALYSIS : Existing law provides that any principal, teacher,
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or school officer of any elementary or secondary school who
refuses or willfully neglects to make reports to the CTC as are
required by law is guilty of a misdemeanor and is punishable by
a fine of not more than $100.
Existing law provides that 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 (CC). CC has jurisdiction to begin
an initial review of a credential upon receipt of any of the
following:
1. 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.
2. An affidavit or declaration signed by person or persons with
personal knowledge of the acts alleged to constitute
misconduct.
3. A statement from an employer notifying the CTC 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.
4. A notice from an employer that a complaint was filed with
the school district alleging sexual misconduct by a
credential holder.
5. A notice from a school district, employer, public agency, or
testing administrator of a violation of various sections of
law, as specified.
6. An affirmative response on an application submitted to the
CTC 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, or failure to
disclose any of these matters.
Current regulations require the superintendent of an employing
school district to notify the CTC when a credential holder,
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working in a position requiring a credential is dismissed,
resigns, is suspended for more than 10 days, retires, or is
terminated as a result of an allegation of misconduct or while
an allegation of misconduct is pending. These regulations also
require the superintendent of the employing school district to
report the change in employment status to the CTC not later than
30 days after the employment action.
This bill:
1. Requires the superintendent of a school district or COE, 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, 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.
2. Provides that for purposes of the reporting requirement, as
specified, a change of employment status due solely to
unsatisfactory performance or a reduction in force, as
specified, is not a result of an allegation of misconduct.
3. Provides that the failure to make the report is
unprofessional conduct and may subject the superintendent of
the school district or COE, or the administrator of a charter
school, to adverse action by the CTC.
4. Requires that refusing or willfully neglecting to make the
report is a misdemeanor, punishable by a fine of not less
than $500 or more than $1000.
5. Provides that all fines imposed are the personal
responsibility of the superintendent of the school district
or COE, or the administrator of a charter school, and may not
be paid or reimbursed with public funds.
6. Provides that for allegations of misconduct that are
presented to the CC, a change in status due solely to
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unsatisfactory performance or a reduction in force is not an
allegation of misconduct.
Comments
According to the author's office, existing law does not provide
clear authority for the CTC to investigate or hold a
superintendent accountable for failure to take a report when a
school district takes employment actions against a credentialed
employee as a result of an allegation of misconduct. This can
create reporting delays that may jeopardize the safety of
students at the teacher's current school as well as other school
districts throughout the State.
According to the author's office, in November 2012, the State
Auditor released a report regarding the Los Angeles Unified
School District's (LAUSD) handling of allegations of teacher
misconduct. The 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 three years
late. As a result, the CTC was not able to review teachers who
may have been unfit for the classroom.
In particular, the Auditor's report highlighted one case where
the Superintendent of Public Instruction 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 prevent the teacher from working in other school districts.
The audit also found that LAUSD reported many cases that did not
require reporting, thereby unnecessarily amplifying the workload
for the CTC. By improperly labeling and reporting
unsatisfactory performance, lay-offs, or reductions in force as
"misconduct," school districts may consume valuable CTC
resources.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, there will be
potentially significant increased administrative workload for
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the CTC, depending on the number of additional misconduct
reports it receives pursuant to this bill.
SUPPORT : (Verified 7/2/13)
California Teachers Association (source)
Superintendent of Public Instruction Tom Torlakson
California Commission on Teacher Credentialing
California Federation of Teachers
California School Employees Association
EdVoice
Los Angeles County District Attorneys Association
Redondo Beach Unified School District
Torrance Unified School District
United Teachers Los Angeles
ASSEMBLY FLOOR : 78-0, 5/28/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mitchell, Morrell,
Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson,
Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Holden, Vacancy
PQ:k 7/2/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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