Bill Text: CA AB349 | 2013-2014 | Regular Session | Amended
Bill Title: Classified employees: allegations of misconduct: reports.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2013-08-30 - In committee: Held under submission. [AB349 Detail]
Download: California-2013-AB349-Amended.html
BILL NUMBER: AB 349 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 10, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 22, 2013
AMENDED IN ASSEMBLY APRIL 1, 2013
INTRODUCED BY Assembly Member Gatto
FEBRUARY 13, 2013
An act to add Section 45118 to the Education Code, relating to
school administration.
LEGISLATIVE COUNSEL'S DIGEST
AB 349, as amended, Gatto. Classified employees: allegations of
misconduct: reports.
Existing law authorizes the governing board of a school district
to lay off and reemploy classified employees in accordance with
specified procedures. Existing law requires classified employees
subject to a layoff, to be effective at the end of the school year,
to be given written notice on or before April 29 informing them of
the layoff and of any displacement and reemployment rights.
This bill would require the superintendent of the employing school
district or a charter school administrator to report a change in
employment status to the State Department of Education when a
classified employee is dismissed, is suspended, resigns, retires, or
is otherwise terminated by a decision not to employ or reemploy, as a
result of allegations of misconduct, as defined. The bill would
require the report to the department to contain all known information
about each alleged act of misconduct, as specified, and would
require the department to maintain the report by county and by the
employee's name in a searchable format. The bill would require the
department to establish due process procedures for purposes of
removing a classified employee's name from the reports, as provided,
and procedures for determining whether a decision to dismiss,
suspend, or not to employ or reemploy a classified employee, or when
an employee resigns or retires, as a result of an allegation of
misconduct or while an allegation of misconduct is pending are proven
unfounded or substantiated, as the bill would define those terms.
The bill would limit the availability of the report to a school
district or charter school for purposes of verifying previous
employment action for a classified employee who is being considered
for employment. By imposing a new duty on a school district or
charter school, the bill would create a state-mandated local program.
Existing constitutional provisions require that a statute that
limits the right of access to public bodies or the writings of public
officials and agencies be adopted with findings demonstrating the
interest protected by the limitation and the need for protecting that
interest.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that the State
Department of Education and the Commission on Teacher Credentialing
enter into an interagency agreement for a minimum of three years, in
order for the commission to provide assistance to the department in
administering Section 45118 of the Education Code.
SEC. 2. Section 45118 is added to the Education Code, to read:
45118. (a) (1) When a classified employee is dismissed, resigns,
is suspended, retires, or is otherwise terminated by a decision not
to employ or reemploy, as a result of an allegation of misconduct or
while an allegation of misconduct is pending, the superintendent of
the employing school district or a charter school administrator shall
report the change in employment status to the department no later
than 30 days after the employment action.
(2) "Otherwise terminated by a decision not to employ or reemploy"
as used in paragraph (1) shall not include or be interpreted to
include a change of status that is solely for a layoff as described
in Section 45308.
(b) For purposes of the this section,
"allegation of misconduct" means misconduct that involves any of the
acts described in the following sections:
(1) Sections 187, 188, 189, and 192, as this section relates to
voluntary manslaughter, Sections 203, 205, 206, 207, 209 to 211,
inclusive, 214, 215, 217,1, 217.1, 220,
222, 244, 245, 261, 261.5, 262, 265 to 266j, inclusive, 267, 273a,
273ab, 273d, 273f, 273g, 278, 285, 286, 286.5, 288, 288.2 to 288a,
inclusive, 424, 425, 503, 504, and 11165.2 to 11165.6, inclusive, of
the Penal Code.
(2) Sections 484, 484.1, 484b, 484c, and 484e to 488, inclusive,
of the Penal Code, as these sections relate to felony convictions.
(3) Section 44010 of this code.
(4) Any act that involves a controlled substance offense, as
described in Section 44011 of this code, that involves a minor.
(c) For purposes of this section, the term "school district"
includes a county office of education.
(d) The report shall contain all known information about each
alleged act of misconduct and shall include all of the following:
(1) The name of the classified employee.
(2) The current address of the classified employee.
(3) The name of the reporting school district or charter school.
(4) The name of the last school of employment.
(5) An explanation of the allegation of misconduct or pending
allegation of misconduct.
(6) Current contact information for all persons who may have
information relating to the allegation of misconduct.
(7) Any and all documentation related to the case.
(e) The report shall be made to the department regardless of any
proposed or actual agreement, settlement, or stipulation not to make
such a report. The report shall also be made if allegations of
misconduct served on the employee are withdrawn in consideration of
the employee's resignation, retirement, or other failure to contest
the truth of the allegations. The department shall maintain these
reports by county and by the employee's name, in a searchable format.
This information shall not be made available to the general public.
(f) The superintendent of an employing school district or a
charter school administrator shall, in writing, inform a classified
employee of the content of this section if that employee is
dismissed, resigns, is suspended, retires, or is otherwise terminated
by a decision not to employ or reemploy, as a result of an
allegation of misconduct or while an allegation of misconduct is
pending.
(g) The department shall establish due process procedures for the
purpose of removing a classified employee's name from the reports
maintained pursuant to subdivision (e). These procedures shall
include, but not be limited to, a timeframe for how long a classified
employee's name shall be included in the reports maintained pursuant
to subdivision (e).
(h) (1) The department shall establish procedures to determine
whether a decision to dismiss, suspend, or not to employ or reemploy
a classified employee, or when an employee resigns or retires, as a
result of an allegation of misconduct or while an allegation of
misconduct is pending, is proven unfounded or substantiated. If the
department determines the allegation of misconduct is proved
unfounded, the classified employee's name shall not be included in
reports established pursuant to this section.
(A) For purposes of this section, "unfounded" means a report that
is determined by the department to be false, to involve an accidental
injury, or to not constitute misconduct as defined in subdivision
(b), based on the preponderance of the evidence.
(B) For purposes of this section, "substantiated" means a report
determined by the department to constitute misconduct, based upon a
preponderance of the evidence.
(2) If a school district or charter school initiates an
investigation against a classified employee for allegations of
misconduct as defined in this section, the school district or charter
school shall provide the department with all relevant information
pertinent to this investigation.
(i) A report maintained by the department pursuant to this section
shall only be made available upon request by a school district or
charter school for the purpose of verifying previous employment
action subject to this section for a classified employee who is being
considered for employment by the requesting school district or
charter school.
SEC. 3. The Legislature finds and declares that this act imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following finding to demonstrate the interest protected by this
limitation and the need for protecting the interest:
In order to protect sensitive employment matters, it is necessary
that this act take effect with the limitation on public access to
certain reports as specified in subdivision (e) of Section 45118 of
the Education Code.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
