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 










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