BILL ANALYSIS Ó
AB 449
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CONCURRENCE IN SENATE AMENDMENTS
AB 449 (Muratsuchi)
As Amended June 6, 2013
Majority vote
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|ASSEMBLY: |78-0 |(May 28, 2013) |SENATE: |37-0 |(August 19, |
| | | | | |2013) |
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Original Committee Reference: ED.
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 $1,000.
The Senate amendments reinstate 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.
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 CTC not later
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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are withdrawn in consideration of the holder's resignation,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 Committee of
Credentials (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 COC. (California Code of Regulations Title 5 Section
80303)
FISCAL EFFECT : According to the Senate Appropriations
Committee, potentially significant increased administrative
workload for the CTC, depending on the number of additional
misconduct reports it receives pursuant to this bill.
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
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 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 three and a half years the
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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
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
AB 449
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