BILL NUMBER: AB 229	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 11, 2011
	AMENDED IN SENATE  JULY 1, 2011
	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011
	AMENDED IN ASSEMBLY  MARCH 30, 2011
	AMENDED IN ASSEMBLY  MARCH 14, 2011

INTRODUCED BY   Assembly Member Lara
    (   Coauthor:   Senator  
Steinberg   ) 

                        FEBRUARY 2, 2011

   An act to add and repeal Section  8546.10  
8546.85  of the Government Code, relating to the State Auditor,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 229, as amended, Lara. State Auditor: Commission on Teacher
Credentialing: enforcement program monitor.
   Existing law establishes the Bureau of State Audits, which is
headed by the State Auditor and has specified statutory duties,
including the performance of statutorily mandated audits.
   Existing law establishes the Commission on Teacher Credentialing
to, among other things, establish professional standards,
assessments, and examinations for entry and advancement in the
education profession.
   This bill would require the State Auditor to appoint an
enforcement program monitor to the Commission on Teacher
Credentialing, for the purpose of monitoring and evaluating the
Division of Professional Practices within the commission. The purpose
of the monitoring would be to improve the quality and consistency of
reviewing reported misconduct by holders of, or applicants for,
teaching credentials, reducing timeframes and backlogs related to
reviewing cases of misconduct, ensuring the establishment and usage
of comprehensive written procedures for reviewing reported
misconduct, effectively tracking cases, and fostering an overall
professional workplace environment at the division and the
commission. The bill would require the enforcement program monitor to
submit an initial written report of his or her findings and
conclusions to  the  State Auditor, the Legislature, and the
Joint Legislative Audit Committee by July 1, 2012, and every 6
months thereafter, and to submit a final report by January 1, 2014.
   The bill would repeal these provisions on January 1, 2014.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section  8546.10 is added to the Government
Code  ,  8546.85 is added to the Government Code,
immediately following Section 8546.8  to read:
    8546.10.   8546.85.   (a) The State
Auditor shall appoint an enforcement program monitor to the
Commission on Teacher Credentialing. The enforcement program monitor
shall monitor and evaluate the Division of Professional Practices
within the commission, making as his or her highest priority the
reform and overall efficiency of the division.
   (1) The State Auditor shall appoint the enforcement program
monitor no later than January 1, 2012.
   (2) The monitoring duty shall be performed on a continuing basis
for a period not exceeding two years from the date of the enforcement
program monitor's appointment and shall include, but not be limited
to, improving the quality and consistency of reviewing reported
misconduct by holders of, or applicants for, teaching credentials,
reducing timeframes and backlogs related to reviewing cases of
misconduct, ensuring the establishment and usage of comprehensive
written procedures for reviewing reported misconduct, ensuring the
effective tracking of cases, and fostering an overall professional
workplace environment at the division and the commission.
   (3) The enforcement program monitor shall not exercise any
authority over the discipline, operations, or staff of the commission
or division. However, the commission and division shall cooperate
with the enforcement program monitor, and the commission and division
shall provide data, information, and case files as requested by the
enforcement program monitor to enable the enforcement program monitor
to perform all of his or her duties.
   (4) The executive director and general counsel of the commission
shall assist the enforcement program monitor in the performance of
his or her duties.
   (5) (A) The enforcement program monitor shall submit an initial
written report of his or her findings and conclusions to the State
Auditor and the Legislature no later than July 1, 2012, and every six
months thereafter, and be available to make oral reports to the
State Auditor, the Legislature, and the Joint Legislative Audit
Committee, if requested to do so.
   (B) The enforcement program monitor may also provide additional
information to the State Auditor, the Legislature, and the Joint
Legislative Audit Committee at his or her discretion or at the
request of the State Auditor, the Legislature, or the Joint
Legislative Audit Committee. Upon request, the enforcement program
monitor shall make his or her reports available to the public or the
media. The enforcement program monitor shall make every effort to
provide the commission and the division with an opportunity to reply
to any facts, findings, issues, or conclusions in his or her reports
with which the commission or division may disagree.
   (6) The commission shall reimburse the State Auditor for all of
the costs associated with the employment of an enforcement program
monitor.
   (7) The enforcement program monitor shall issue a final report to
the State Auditor, the Legislature, and the Joint Legislative Audit
Committee by January 1, 2014. The final report shall include final
findings and conclusions on the topics addressed in the reports
submitted pursuant to subparagraph (A) of paragraph (5).
   (8) The reports submitted pursuant to paragraphs (5) and (7) shall
be submitted in compliance with Section 9795.

   (b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   Given a recent audit report and findings from the State Auditor,
immediate action is required to ensure that the Commission on Teacher
Credentialing is operating effectively and in the best interest of
California's children and teachers, and thus, it is necessary that
this act take effect immediately.