BILL ANALYSIS
AB 2685
Page 1
ASSEMBLY THIRD READING
AB 2685 (De La Torre)
As Amended May 10, 2010
Majority vote
EDUCATION 7-0 APPROPRIATIONS 16-0
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|Ayes:|Brownley, Nestande, |Ayes:|Fuentes, Conway, Hill, |
| |Ammiano, Arambula, | |Bradford, Charles |
| |Chesbro, Norby, Torlakson | |Calderon, Coto, Davis, |
| | | |Hall, Harkey, Miller, |
| | | |Nielsen, Norby, Skinner, |
| | | |Solorio, Torlakson, |
| | | |Torrico |
| | | | |
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SUMMARY : Requires the Commission on Teacher Credentialing (CTC)
to make available to each private school a listing of all
credential holders who have had final adverse action taken
against their credential; and, requires this information be
identical to that made available to public schools in the state.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, no additional General Fund cost to the CTC to make
available to private schools a listing of all credential holders
who have had a final adverse action take against their
credential.
EXISTING LAW :
1)Defines "adverse action" as the denial of an application for a
credential, a private admonition, or public reproval of a
credential holder, or the suspension or revocation of a
credential. (Education code 44000.5)
2)Requires the CTC to send each private school a monthly list of
all teachers who have had their state teaching credential
revoked or suspended. (Education Code Section 44237)
3)Requires private school elementary or high school level to
require each applicant for employment in a position requiring
contact with minor pupils who does not possess a valid
AB 2685
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credential issued by the CTC or is not currently licensed by
another state agency that requires a criminal record summary,
to submit two sets of fingerprints prepared for submittal by
the employer to the Department of Justice for the purpose of
obtaining criminal record summary information from the
Department of Justice and the Federal Bureau of Investigation.
(Education Code Section 44237)
4)Prohibits a person, firm, association, partnership, or
corporation offering or conducting private school instruction
on the elementary or high school level from employing a person
who has been convicted of a violent or serious felony or a
person who would be prohibited from employment by a public
school district because of his or her conviction for any
crime. (Education Code Section 44237)
COMMENTS : This bill requires the CTC to make available, to
private schools, a listing of all credential holders who have
had a final adverse action taken against their credential.
Currently the CTC is required to send private schools, on a
monthly basis, a list of teachers who have had their state
teaching credentials revoked or suspended. The CTC fulfills
this requirement by sending an All Points Bulletin (APB).
According to the author, the bill would allow for the CTC to
provide the APB in an electronic format. In addition, it allows
for CTC's anticipated move to a cumulative database that will be
updated in real time as opposed to just after a commission
meeting. This will mean mandatory revocations and denials are
added on a continual basis.
Mandatory Offenses and Discretionary Review: Several sections
of the Education code currently deal with criminal offenses
requiring revocation of teaching credentials. Section 44424 of
the Education code lists specific felonies and misdemeanors and
violent/serious felonies. Section 44010 of the Education code
lists specified sex offenses and Section 44011 lists controlled
substance offenses. Under current law a conviction of any of
the felonies listed in Section 44424 results in a mandatory
revocation. In some cases such as theft crimes, the Legislature
has specifically limited the revocation to felony thefts. In
others, such as child endangerment, the Legislature has included
both misdemeanors and felonies.
Offenses that do not require mandatory revocation of teaching
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credentials receive a discretionary review by the CTC and action
is taken by the Committee of Credentials (COC) based on the
facts and circumstances of the case. According to the CTC, the
discretionary review process begins with a review by the CTC
staff, followed by a review of the COC. After the first review
by the COC, the committee may decide to end the review process
or move the case forward for a formal review by the committee.
At the formal review by the COC, the credential holder may
appear and present their case. After the formal review, the COC
may issue a decision for disciplinary action for the credential
holder and the person has 30 days to accept the discipline or
request an administrative hearing by an independent
Administrative Law Judge (ALJ). After the ALJ makes a decision,
the COC can either accept that decision or reject the decision
and impose the committee's disciplinary action.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
FN: 0004413