Official Summary Text
SB 1083, as amended, Pérez.
Noncertificated
employees: disciplinary hearings: egregious misconduct.
public school employees: private school employees: egregious misconduct: statewide data system.
Existing
(1) Existing
law requires school districts, county offices of education, charter schools, and state special schools and diagnostic centers operated by the department considering an applicant for a noncertificated position, and private schools considering an applicant for any position, to inquire with each school district, county office of education, charter school, state special school and diagnostic center operated by the department, and private school that previously employed the applicant, as required to be
disclosed, as to whether the applicant, while previously employed by the school district, county office of education, charter school, state special school or diagnostic center operated by the department, or private school was the subject of any credible complaints of, substantiated investigations into, or discipline for, egregious misconduct, as defined, that were used to support a substantiated investigation. Existing law requires those entities, when responding to an inquiry as to whether it has made a report of egregious misconduct to the Commission on Teacher Credentialing, to also provide the inquiring entity with a copy of all relevant information that was reported to the commission within its possession.
This bill
would state the intent of the Legislature to enact future legislation relating to disciplinary hearings for egregious misconduct by noncertificated employees.
would, among other things, require those disclosures to be related to a substantiated report instead of a substantiated investigation.
(2) Existing law requires the commission, on or before July 1, 2027, and contingent upon an appropriation for these purposes in the annual Budget Act or another statute, to develop a statewide data system that includes information relating to investigations of allegations of egregious misconduct of individuals serving in a noncertificated position for a local educational agency, as defined, or in any position for a private school. Existing law requires local educational agency employers and private school employers, following both the start of, and completion of, an investigation of egregious misconduct, to submit notice to the statewide data system, as provided. Existing law requires
substantiated reports of egregious misconduct and employee departures from employment during investigations to be recorded in the statewide data system and prohibits the recording in the statewide data system of investigations of egregious misconduct that result in an unfounded or inconclusive report, as provided.
This bill would require a local educational agency or private school employer, upon receiving any credible complaint or other reason to believe that an employee has engaged in egregious misconduct, to conduct an investigation to determine whether the employee committed egregious misconduct, as provided. Before commencing the investigation, the bill would require those entities to provide the employee with written notice, as specified. The bill would, among other things, (A) require those entities to complete the investigation regardless of whether
the employee ends the employment relationship, (B) require local educational agency employers, within 10 calendar days of the conclusion of the investigation, to serve upon the employee a written notice relating to the findings, as specified, and (C) provide local educational agency noncertificated employees with the right to request a hearing on a substantiated report, as provided.
If a local educational agency noncertificated employee requests a hearing, the bill would require the local educational agency, within 10 calendar days of the administrative law judge’s decision, to submit notice to the commission, which would be required to update the statewide database, as specified.
By imposing additional duties
on local educational agencies, the bill would impose a state-mandated local program.
(3) Existing law requires a local educational agency or private school, within 10 calendar days of a noncertificated employee leaving a position at a local educational agency or any employee leaving a position at a private school, to provide to the statewide data system the final date of employment or final date in the position, and, within 10 calendar days of the start of an investigation of egregious misconduct, to submit notice to the statewide data system that an investigation was commenced. Existing law requires the statewide data system records to indicate a pending status from the receipt of the notice and until the local educational agency employer or private school employer submits subsequent notice, as provided.
This bill would delete the requirement that the statewide data system indicate a pending status
for all investigations and instead would require the local educational agency employer or private school employer, only if the relevant employee leaves before the completion of an investigation of egregious misconduct, to, among other things, (A) submit notice of the change in employment status preinvestigation or midinvestigation to the statewide data system to be included in the employee’s record, (B) submit a preliminary notice to the statewide data system that an investigation was commenced based on any credible complaints of egregious misconduct, (C) complete the investigation, as specified, and, based on the investigation’s findings, issue a substantiated, unsubstantiated, or inconclusive report, and (D) submit a notice to the statewide data system on the report, as provided. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would require the statewide data
system, as it relates to employees who leave a local educational agency employer or private school employer preinvestigation or midinvestigation, to immediately notify their current employer that a preliminary notice has been made and an investigation is pending, and to make that notification again every 30 days until the local educational agency employer or private school employer submits a subsequent notice, as specified.
(4) Existing law requires those local educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions to review the statewide data system to determine whether an investigation resulted in a substantiated report of egregious misconduct before hiring an individual for an applicable position.
This bill would, among other things, require the statewide data system to be accessible only to employees of local
educational agencies and private school organizations that are responsible for employment, employee investigations, or hiring decisions, and would require those employees to keep information contained in the statewide data system confidential.
(5) 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 the statutory provisions noted above.