Elementary and secondary education: certificated school employees: allegation of misconduct: reports to Commission on Teacher Credentialing.

Existing law establishes the Commission on Teacher Credentialing to, among other things, issue teaching and services credentials. Existing law requires the commission to appoint a Committee of Credentials and requires allegations of acts or omissions for which adverse action may be taken against applicants or holders of teaching or services credentials to be reported to the committee. Under existing law, the committee is authorized to commence an initial or formal review upon receipt of, among other things, a statement from an employer notifying the commission that an employee's employment status has changed in one of specified ways as a result of, or during the pendency of, an allegation of misconduct. Existing law makes it a misdemeanor, punishable by a fine of not more than $100, for a principal, teacher, employee, or school officer of an elementary or secondary school to refuse or willfully neglect to make a report required by law. This bill would specify that a change in employment status due solely to unsatisfactory performance or a reduction in force is not a result of an allegation of misconduct for purposes of those provisions. The bill would require the superintendent of a school district or county office of education, or the administrator of a charter school, to report to the commission any change in the employment status of a credentialholder working in a position requiring a credential not later than 30 days after the credentialholder's employment status changes in one of specified ways as a result of an allegation of misconduct or while an allegation of misconduct is pending. The bill would make the failure to make the report unprofessional conduct, would subject the superintendent of the school district or county office of education, or the administrator of a charter school, to adverse action by the commission for failure to make the report, and would make the refusal or willful neglect to make the report a misdemeanor. By imposing additional duties on local agencies and by creating a new crime, this bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.