BILL ANALYSIS Ó AB 449 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 449 (Muratsuchi) As Amended June 6, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |78-0 |(May 28, 2013) |SENATE: |37-0 |(August 19, | | | | | | |2013) | ----------------------------------------------------------------- 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 AB 449 Page 2 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 The report shall also be made if allegations served on the holder are withdrawn in consideration of the holder's resignation, retirement or other failure to contest the truth of the allegations.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 AB 449 Page 3 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 Page 4 FN: 0001425