Azusa Unified School District

March 2, 2012

J. D. Velasco Staff Writer San Gabriel Valley Tribune 1210 N. Azusa Canyon Road West Covina, CA 91790 Re: Records Request

Dear Mr. Velasco: The District has received your request for records dated February 24, 2012. You requested:
• • •

Access to and copies of the district’s policy on teacher conduct The district’s policies for reporting and investigating claims of misconduct The number of complaints received related to teacher misconduct at each school site, relevant dates and status of any investigation into those complaints dating back to the 2006-07 school year Copies of any forms sent to the state requesting revocation of teacher credentials due to misconduct dating back to the 2006-07 school year.

YOUR POLICY REQUEST Attached are the following Azusa Unified policies, administrative regulations and exhibits: AR 4117.7, AR 4118, BP 4119.21, E 4119.21, BP 1312.1. AR 1312.1 and E 1312.1

We seek your assistance in clarifying or narrowing the scope of the remaining requests, as discussed further below. Additionally, depending on the eventual scope of your request, the potentially large number of documents in our possession may require the District to search for, collect, and appropriately examine a voluminous amount of separate and distinct records to respond to your request. Additionally, due to the nature of some of the requested records, it may be necessary to redact certain confidential information. In accordance with Government Code section 6253(c), the District requires a 14-day extension to respond to your request because of the need to search for, collect and appropriately analyze records potentially responsive to the categories of documents requested. Thus, a further response to your request will be provided on or before March 15, 2012.

To the extent the records are exempt or include information that is exempt from disclosure pursuant to the Public Records Act, including but not limited to Government Code sections 6254(c) (personnel exception), 6254(a) (preliminary drafts, notes, or intra-agency memoranda not retained by the District in the ordinary course of business), 6254(k) (privileged material, including those within the attorney-client privilege and work product doctrine, including Evidence Code sections 915, 950 et seq., and 1040) and 6255 (catch-all exception), such information will be withheld or redacted, as appropriate. (Government Code section 6253(a).) We will advise you of the basis for withholding any otherwise responsive records. As part of this initial response, we note that some of your requests lack sufficient specificity for us to determine the existence of the records you seek. To assist you in identifying records and information that are responsive to your purpose, insofar as those records exist and are disclosable, we ask your cooperation in clarifying the scope of your remaining requests. We address each request in turn. 1. The number of complaints received related to teacher misconduct at each school site, relevant dates and status of any investigation into those complaints dating back to the 2006-07 school year This request does not seek an identifiable public record. The District investigates complaints regarding its employees, as appropriate and as required by law and Board policy. However, the District does not maintain statistical records of such complaints on a per-school site basis. Additionally, we are uncertain as to your intended meaning of the phrase “complaints received related to teacher misconduct.” Initially, other than complaints lodged under the Uniform Complaint Procedure, which may or may not relate to teacher misconduct, or to teachers at all, there is no generally accepted definition of what constitutes a “complaint.” Not all complaints are submitted in writing, and only written complaints would fall within the definition of a “record” under the Public Records Act. Moreover, there is no legal definition of “teacher misconduct,” and even the state credentialing body recognizes that not every complaint or allegation against a certificated individual constitutes an allegation of “misconduct.” Depending on one’s definition of “misconduct,” any determination of the existence or number of complaints received against District teachers within the time period you specify is extremely uncertain. For example, a variety of professional conduct expectations apply to teachers, including arriving on time to work each day, timely entering grade information, maintaining courteous contact with parents, peers, and administrators, and making appropriate use of instructional time. On the other hand, certain types of behavior would likely be per se instances of “misconduct,” such as physical abuse of a child or being under the influence of a controlled substance in the workplace. Any instance of a teacher not acting in compliance with expectations--or the perception of such noncompliance by a parent or other observer--could be interpreted as a “complaint of misconduct.”

Therefore, without clarification of these terms, we are unable to respond to your request for “the status of any investigation into those complaints.” Please specify an objective standard for determining what constitutes a “complaint” and what constitutes “teacher misconduct” in the context of your requests. We enclose for your information a copy of Education Code section 44932, which describe the specific grounds for disciplining a teacher in California, in the hope it may assist you in refining the request to describe “misconduct.” We also ask that you consider the fact that a teacher may not be disciplined for any conduct that occurred more than four years prior to the teacher’s receipt of a formal notice of disciplinary action. (Education Code section 44944(a)(5).) Accordingly, the scope of your request, “dating back to the 2006-07 school year,” could result in an extensive and expensive search for dated documents which, if they exist, could not lawfully lead to the discipline of any teacher. We respectfully request that you consider narrowing the scope of your request to a more recent time period, such as the past four years. 2. Copies of any forms sent to the state requesting revocation of teacher credentials due to misconduct dating back to the 2006-07 school year. The District does not possess any documents responsive to this request. The District reports to the California Commission on Teacher Credentialing (CTC) teachers’ separation from service as a result of allegations of misconduct, pursuant to Title 5, California Code of Regulations, section 80303 (copy attached). However, the District does not “request revocation of teacher credentials.” The CTC is responsible for determining whether a teacher’s credential should be subject to disciplinary action such as suspension or revocation. We also believe these reports, insofar as they exist, may be exempt from disclosure under the Public Records Act, pursuant to the “personnel” exception of Government Code section 6254(c). Please note that all investigative processes of the CTC are closed to the public and entirely confidential, until “final action” is taken, pursuant to Education Code section 44245. In fact, unauthorized disclosure of such information is a misdemeanor. (Education Code section 44248.) Therefore, we will review our files for the existence of any such reports in an effort to provide you with the information requested. However, we will review each situation individually in light of our obligation to maintain the privacy of certain records, and may redact the names of the individual teachers involved and of any other persons identified in the records, as appropriate. If you would like to discuss your request in more detail, please contact the Assistant Superintendent of Human Resources Corey James at 626-858-6189. Sincerely, Kathleen Miller

Enclosures --: AR 4117.7, AR 4118, BP 4119.21, E 4119.21, BP 1312.1. AR 1312.1 and E 1312.1
Azusa USD Administrative Regulation Employment Status Reports AR 4117.7 Personnel

Within 30 days of any change in the employment status of a credential holder working in a position requiring a credential made as a result of an allegation of misconduct, the Superintendent shall report the change to the Commission on Teacher Credentialing (CTC). The report shall be made whenever one of the following actions is taken as a result of alleged misconduct: (Education Code 44242.5; 5 CCR 80303) 1. Dismissal

(cf. 4117.4 - Dismissal) 2. Nonreelection/nonreemployment

(cf. 4117.6 - Decision Not to Rehire) 3. Suspension for more than 10 days

4. Placement on unpaid administrative leave for more than 10 days pursuant to a final adverse employment action 5. Resignation, retirement, or other departure from employment

(cf. 4117.2 - Resignation) 6. Termination by a decision not to employ or reemploy

The report shall contain all known information about each alleged act of misconduct by the employee. (5 CCR 80303) The report shall be made regardless of any proposed or actual agreement, settlement, or stipulation between the district and the employee not to make such a report. The report shall also be made if the allegations are withdrawn in consideration of the employee's resignation, retirement, or other failure to contest the truth of the allegations. (5 CCR 80303) The Superintendent shall inform the employee in writing of the contents of 5 CCR 80303 upon a change in employment status as a result of alleged misconduct. (5 CCR 80303) (cf. 4112.9/4212.9/4312.9 - Employee Notifications) Within 10 days after receipt of a complaint, information, or indictment regarding an employee who has been charged with a "mandatory leave of absence offense" (defined as a sex or drug offense specified in Education Code 44940), the Superintendent or designee shall forward a copy of the received documents to the CTC. In addition, he/she shall report to the CTC any action taken in connection with extending the employee's mandatory leave beyond the initial period. (Education Code 44940, 44940.5)

(cf. 4118 - Suspension/Disciplinary Action) Notice of Other Violations The Superintendent or designee may notify the CTC of any of the following: (Education Code 44242.5) 1. A complaint received by the district regarding a credential holder's alleged sexual misconduct The notice shall contain all of the following information: (5 CCR 80304) a. b. c. Name of the employee alleged to have engaged in the sexual misconduct Name, age, and address of each victim of the alleged sexual misconduct A summary of all information known to the district regarding the alleged sexual misconduct

d. A summary of the action, if any, taken at the district level in response to the complaint of sexual misconduct (cf. 1312.1 - Complaints Concerning District Employees) (cf. 4119.11/4219.11/4319.11 - Sexual Harassment) (cf. 5145.7 - Sexual Harassment) 2. An employee's refusal, without good cause, to fulfill a valid employment contract, or departure from district service without the consent of the Superintendent or Governing Board (Education Code 44420) 3. An employee's knowing and willful use of student records in connection with, or in implicit or explicit attempts to recruit a student to be a customer for, any business owned by the credential holder or in which the credential holder is an employee (Education Code 44421.1) 4. An employee's knowing and willful reporting of false fiscal expenditure data relative to the conduct of any educational program (Education Code 44421.5)

Legal Reference: EDUCATION CODE 44009 Conviction of specified crimes 44010 Sex offense - definitions 44011 Controlled substance offense - definitions 44225 Powers and duties of the CTC 44242.5 Reports and review of alleged misconduct 44420-44440 Adverse actions by CTC against credential holder 44940 Sex offenses and narcotic offenses; compulsory leave of absence 44940.5 Compulsory leave of absence CODE OF REGULATIONS, TITLE 5 80303 Reports of change in employment status, alleged misconduct 80304 Notice of sexual misconduct Management Resources: COMMISSION ON TEACHER CREDENTIALING PUBLICATIONS California's Laws and Rules Pertaining to the Discipline of Professional Certificated Personnel, 2007

WEB SITES CSBA: Commission on Teacher Credentialing:

Regulation AZUSA UNIFIED SCHOOL DISTRICT approved: October 5, 2010 Azusa, California

Azusa USD Administrative Regulation Suspension/Disciplinary Action Suspension Without Pay AR 4118 Personnel

A probationary certificated employee may be suspended without pay for a specified period during the school year as an alternative to dismissal following procedures designated in Education Code 44948.3. Prior to any disciplinary action on charges leading to suspension without pay on the grounds of unprofessional conduct, the Superintendent or designee shall give the employee written notice. This written notice shall: (Education Code 44938) 1. 2. Indicate the nature of the employee's unprofessional conduct Cite specific instances of unprofessional behavior

3. Give the employee a 45-day opportunity to correct the misconduct and overcome the ground(s) for the charge(s) 4. Include the evaluation made pursuant to Education Code 44660-44665, if applicable

(cf. 4115 - Evaluation/Supervision) Mandatory Leave of Absence Upon being informed that a certificated employee has been charged with a "mandatory leave of absence offense," the Superintendent or designee shall immediately place the employee on a leave of absence. A mandatory leave of absence offense includes: (Education Code 44830.1, 44940) 1. Any sex offense as defined in Education Code 44010

2. Any offense involving the unlawful sale, use, or exchange to minors of controlled substances as listed in Health and Safety Code 11054, 11055, and 11056, with the exception of marijuana, mescaline, peyote, or tetrahydrocannabinols (cf. 4117.7 - Employee Status Reports) Upon receipt of notification from the Department of Justice by telephone that a current temporary, substitute, or probationary employee serving before March 15 of the his/her second probationary year has been convicted of a violent or serious felony, that employee shall be immediately placed on leave without pay. Upon receipt of written electronic notification of the conviction from the Department of Justice, such

employee shall be automatically terminated and without regard to any other termination procedure. (Education Code 44830.1) (cf. 4112.5/4312.5 - Criminal Record Check) An employee's compulsory leave may extend for not more than 10 days after the entry of judgment in the proceedings. However, the Governing Board may extend a certificated employee's compulsory leave by giving notice, within 10 days after the entry of judgment in the proceedings, that the employee will be dismissed within 30 days from the date of service of the notice unless he/she demands a hearing. (Education Code 44940, 44940.5) (cf. 4117.4 - Dismissal) Employee compensation during the period of compulsory leave shall be made in accordance with Education Code 44940.5. Optional Leave of Absence The Board may require an immediate compulsory leave of absence when a certificated employee is charged with an "optional leave of absence offense" as specified in law. Such employees shall be subject to the same requirements specified in Education Code 44940.5 regarding extension of the leave, furnishing of a bond, and payment of salaries for employees charged with mandatory leave of absence offenses. (Education Code 44940, 44940.5) Protection of a Student's Free Speech or Press Rights An employee shall not be suspended, disciplined, reassigned, transferred, dismissed, or otherwise retaliated against solely for acting to protect a student, or for refusing to infringe on a student's protected conduct, when that student is exercising his/her free speech or press rights pursuant to Education Code 48907 or 48950. (Education Code 48907, 48950) (cf. 4119.1/4219.1/4319.1 - Civil and Legal Rights) (cf. 5145.2 - Freedom of Speech/Expression)

Regulation AZUSA UNIFIED SCHOOL DISTRICT approved: October 5, 2010 Azusa, California

Azusa USD Professional Standards BP Personnel 4119.21

The Governing Board expects district employees to maintain the highest ethical standards, exhibit professional behavior, follow district policies and regulations, and abide by state and federal laws. Employee conduct should enhance the integrity of the district and advance the goals of the district's educational programs. Each employee should make a commitment to acquire the knowledge and skills

necessary to fulfill his/her responsibilities and should focus on his/her contribution to the learning and achievement of district students. (cf. 0200 - Goals for the School District) (cf. 4112.2 - Certification) (cf. 4119.1/4219.1/4319.1 - Civil and Legal Rights) (cf. 4131 - Staff Development) (cf. 4231 - Staff Development) (cf. 4331 - Staff Development) The Board encourages district employees to accept as guiding principles the professional standards and codes of ethics adopted by educational or professional associations to which they may belong. (cf. 2111 - Superintendent Governance Standards) (cf. 9005 - Governance Standards) Staff Conduct with Students The Board expects all employees to exercise good judgment and maintain professional standards and boundaries when interacting with students both on and off school property. Inappropriate employee conduct shall include, but not be limited to, engaging in harassing or discriminatory behavior; engaging in inappropriate socialization or fraternization with a student; soliciting, encouraging, or establishing an inappropriate written, verbal, or physical relationship with a student; furnishing tobacco, alcohol, or other illegal or unauthorized substances to a student; or engaging in child abuse. (cf. 0410 - Nondiscrimination in District Programs and Activities) (cf. 4040 - Employee Use of Technology) (cf. 5131 - Conduct) (cf. 6163.4 - Student Use of Technology) An employee who observes or has evidence of inappropriate conduct between another employee and a student shall immediately report such conduct to the principal or Superintendent or designee. An employee who has knowledge of or suspects child abuse shall file a report pursuant to the district's child abuse reporting procedures as detailed in AR 5141.4 - Child Abuse Prevention and Reporting. (cf. 5141.4 - Child Abuse Prevention and Reporting) Any employee who is found to have engaged in inappropriate conduct with a student in violation law or this policy shall be subject to disciplinary action. (cf. 4118 - Suspension/Disciplinary Action) (cf. 4218 - Dismissal/Suspension/Disciplinary Action)

Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination on the basis of sex PENAL CODE 11164-11174.4 Child Abuse and Neglect Reporting Act CODE OF REGULATIONS, TITLE 5 80331-80338 Rules of conduct for professional educators

Management Resources: COUNCIL OF CHIEF STATE SCHOOL OFFICERS PUBLICATIONS Standards for School Leaders, 1996 NATIONAL EDUCATION ASSOCIATION PUBLICATIONS Code of Ethics of the Education Profession, 1975 WEB SITES CSBA: Association of California School Administrators: California Department of Education: California Federation of Teachers: California School Employees Association: California Teachers Association: Commission on Teacher Credentialing: Council of Chief State School Officers:

Policy AZUSA UNIFIED SCHOOL DISTRICT adopted: October 5, 2010 Azusa, California Azusa USD Exhibit Professional Standards Code Of Ethics Of The Education Profession Preamble E 4119.21 Personnel

The educator, believing in the worth and dignity of each human being, recognizes the supreme importance of the pursuit of truth, devotion to excellence, and the nurturing of democratic principles. Essential to these goals is the protection of freedom to learn and to teach and the guarantee of equal educational opportunity for all. The educator accepts the responsibility to adhere to the highest ethical standards. The educator recognizes the magnitude of the responsibility inherent in the teaching process. The desire for the respect and confidence of one's colleagues, of students, of parents, and of the members of the community provides the incentive to attain and maintain the highest possible degree of ethical conduct. The Code of Ethics of the Education Profession indicates the aspiration of all educators and provides standards by which to judge conduct. Principle I. Commitment to the Student The educator strives to help each student realize his/her potential as a worthy and effective member of society. The educator therefore works to stimulate the spirit of inquiry, the acquisition of knowledge and understanding, and the thoughtful formulation of worthy goals. In fulfillment of the obligation to the student, the educator: 1. 2. 3. Shall not unreasonably restrain the student from independent action in the pursuit of learning Shall not unreasonably deny the student access to varying points of view Shall not deliberately suppress or distort subject matter relevant to the student's progress

4. Shall make reasonable effort to protect the student from conditions harmful to learning or to health and safety 5. Shall not intentionally expose the student to embarrassment or disparagement

6. Shall not on the basis of race, color, creed, gender, national origin, marital status, political or religious beliefs, family, social, or cultural background, or sexual orientation, unfairly: a. b. c. 7. Exclude any student from participation in any program Deny benefits to any student Grant any advantage to any student Shall not use professional relationships with students for private advantage

8. Shall not disclose information in the course of professional service unless disclosure serves a compelling professional purpose or is required by law Principle II. Commitment to the Profession The education profession is vested by the public with a trust and responsibility requiring the highest ideals of professional service. In the belief that the quality of the services of the education profession directly influences the nation and its citizens, the educator shall exert every effort to raise professional standards, to promote a climate that encourages the exercise of professional judgment, to achieve conditions that attract persons worthy of the trust to careers in education, and to assist in preventing the practice of the profession by unqualified persons. In fulfillment of the obligation of the profession, the educator: 1. Shall not in any application for a professional position deliberately make a false statement or fail to disclose a material fact related to competency and qualifications 2. Shall not misrepresent his/her professional qualifications

3. Shall not assist any entry into the profession of a person known to be unqualified in respect to character, education, or other relevant attribute 4. Shall not knowingly make a false statement concerning the qualifications of a candidate for a professional position 5. Shall not assist a noneducator in the unauthorized practice of teaching

6. Shall not disclose information about colleagues obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law 7. Shall not knowingly make false or malicious statements about a colleague

8. Shall not accept any gratuity, gift, or favor that might impair or appear to influence professional decisions or action

Source: National Education Association, 1975

Exhibit AZUSA UNIFIED SCHOOL DISTRICT version: October 5, 2010 Azusa, California

Azusa USD Board Policy Complaints Concerning District Employees BP 1312.1 Community Relations

The Governing Board accepts responsibility for providing a means by which the public can hold employees accountable for their actions. The Board desires that complaints be resolved expeditiously without disrupting the educational process. The Superintendent or designee shall develop regulations which permit the public to submit complaints against district employees in an appropriate way. These regulations shall protect the rights of involved parties. The Board may serve as an appeals body if the complaint is not resolved. (cf. 1312.2 - Complaints Concerning Instructional Materials) (cf. 1312.3 - Uniform Complaint Procedures) (cf. 3515.2 - Disruptions) The Board prohibits retaliation against complainants. The Superintendent or designee at his/her discretion may keep a complainant's identity confidential, except to the extent necessary to investigate the complaint. The district will not investigate anonymous complaints unless it so desires.

Legal Reference: EDUCATION CODE 33308.1 Guidelines on procedure for filing child abuse complaints 35146 Closed sessions 44031 Personnel file contents and inspection 44811 Disruption of public school activities 44932-44949 Resignation, dismissal and leaves of absence (rights of employee; procedures to follow) 48987 Child abuse guidelines GOVERNMENT CODE 54957 Closed session; complaints re employees 54957.6 Closed session; salaries or fringe benefits PENAL CODE 273 Cruelty or unjustifiable punishment of child 11164-11174.3 Child Abuse and Neglect Reporting Act WELFARE AND INSTITUTIONS CODE 300 Minors subject to jurisdiction of juvenile court

Management Resources: CDE LEGAL ADVISORIES 0910.93 Guidelines for parents to report suspected child abuse by school district employees or other persons against a pupil at school site (LO:4-93)

Policy AZUSA UNIFIED SCHOOL DISTRICT adopted: February 6, 2007 Azusa, California

Azusa USD Administrative Regulation Complaints Concerning District Employees AR 1312.1 Community Relations

The Superintendent or designee shall determine whether a complaint should be considered a complaint against the district and/or an individual employee, and whether it should be resolved by the district's process for complaints concerning personnel and/or other district procedures. When a written complaint is received, the employee shall be notified in accordance with the appropriate collective bargaining agreements. If the complainant is unable to prepare the complaint in writing, administrative staff shall help him/her to do so. (cf. 1312.2 - Complaints Concerning Instructional Materials) (cf. 1312.3 - Uniform Complaint Procedures) (cf. 4144/4244/4344 - Complaints) To promote prompt and fair resolution of the complaint, the following procedures shall govern the resolution of complaints against district employees: 1. Every effort should be made to resolve a complaint at the earliest possible stage. Whenever possible, the complainant should communicate directly to the employee in order to resolve concerns. (Informal Level) 2. If a complainant is unable or unwilling to resolve the complaint directly with the employee, he/she may submit an oral or written complaint to the employee's immediate supervisor or the principal. The immediate supervisor or principal shall attempt to resolve the complaint to the satisfaction of all parties within five school days. (Formal Level 1) 3. If the complainant is not satisfied with the decision at the school site (Formal Level 1), he/she may appeal the decision to the Superintendent or designee. The complainant's appeal shall include District Form #312, Request for Review of Complaint Involving School Personnel, and, in writing, the complaint that was registered in Formal Level 1. The Superintendent or designee shall attempt to resolve the complaint to the satisfaction of all parties within 30 days. (Formal Level 2) 4. Parties should accept the Superintendent or designee's decision as final; however, the complainant, employee or Superintendent or designee may ask to address the Board regarding the complaint.

Complaints related to a principal or central office administrator shall be initially filed in writing with the Superintendent or designee and will follow the same procedure as Formal Level 1 and Formal Level 2. Complaints related to the Superintendent shall be initially filed in writing with the Board.

Regulation AZUSA UNIFIED SCHOOL DISTRICT approved: February 6, 2007 Azusa, California revised: October 4, 2011

Azusa USD Exhibit Complaints Concerning District Employees E 1312.1 Community Relations

AZUSA UNIFIED SCHOOL DISTRICT REQUEST FOR A REVIEW OF COMPLAINTS INVOLVING SCHOOL PERSONNEL Directions: All formal complaints involving district personnel not resolved at the site level must be initiated by completing this form and attaching a written copy of the complaint. No oral complaints will be processed. Copies of this form shall be delivered to the employee involved, the supervisor of the employee involved and the Superintendent or designee. Date_________________________ Complainant's Name__________________________________________________________ Address________________________________________Telephone____________________ Employee's Name____________________________________________________________ School or Work Station________________________________________________________ 1. Please attach a written copy of the complaint to this form.

2. Please describe any attempts to resolve the complaint with the employee and his or her supervisor. What was the outcome?


Please describe what specific action you would like taken to resolve this issue:

____________________________ (Signature) AUSD #312

Exhibit AZUSA UNIFIED SCHOOL DISTRICT version: October 4, 2011 Azusa, California

Education Code Title 2. Elementary and Secondary Education Division 3. Local Administration Part 25. Employees Chapter 4. Employment--Certificated Employees Article 3. Resignations, Dismissals, and Leaves of Absence § 44932. Grounds for dismissal of permanent employees; suspension of employees (a) No permanent employee shall be dismissed except for one or more of the following causes: (1) Immoral or unprofessional conduct. (2) Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by Chapter 188 of the Statutes of 1919, [FN1] or in any amendment thereof. (3) Dishonesty. (4) Unsatisfactory performance. (5) Evident unfitness for service. (6) Physical or mental condition unfitting him or her to instruct or associate with children. (7) Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the State Board of Education or by the governing board of the school district employing him or her. (8) Conviction of a felony or of any crime involving moral turpitude. (9) Violation of Section 51530 or conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the Statutes of 1947. (10) Knowing membership by the employee in the Communist Party. (11) Alcoholism or other drug abuse which makes the employee unfit to instruct or associate with children. (b) The governing board of a school district may suspend without pay for a specific period of time on grounds of unprofessional conduct a permanent certificated employee or, in a school district with an average daily attendance of less than 250 pupils, a probationary employee, pursuant to the procedures specified in Sections 44933, 44934, 44935, 44936, 44937, 44943, and 44944. This authorization shall not apply to any school district which has adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code. CREDIT(S)

(Stats.1976, c. 1010, § 2, operative April 30, 1977. Amended by Stats.1981, c. 100, p. 676, § 18; Stats.1983, c. 498, § 51, eff. July 28, 1983; Stats.1995, c. 392 (A.B.729), § 2.) [FN1] See Penal Code §§ 11400 to 11402 (Repealed).

California Code of Regulations Title 5. Education Division 8. Commission on Teacher Credentialing Chapter 3. Committee of Credentials Article 1. General Provisions § 80303. Reports of Change in Employment Status. (a) Whenever a credential holder, working in a position requiring a credential: (1) is dismissed or nonreelected; (2) resigns; (3) is suspended or placed on unpaid administrative leave as a final adverse employment action for more than 10 days; (4) retires; or (5) is otherwise terminated by a decision not to employ or re-employ; as a result of an allegation of misconduct or while an allegation of misconduct is pending, the superintendent of the employing school district shall report the change in employment status to the Commission not later than 30 days after the employment action. (b) The report shall contain all known information about each alleged act of misconduct. (c) The report shall be made to the Commission regardless of any proposed or actual agreement, settlement, or stipulation not to make such a report. The report shall also be made if allegations served on the holder are withdrawn in consideration of the holder's resignation, retirement or other failure to contest the truth of the allegations. (d) Failure to make a report required under this section constitutes unprofessional conduct. The Committee may investigate any superintendent who holds a credential who fails to file reports required by this section. (e) The superintendent of an employing school direct shall, in writing, inform a credential holder of the content of this regulation whenever that credential holder, working in a position requiring a credential, is dismissed, nonreelected, resigns, is suspended or placed on unpaid administrative leave as a final adverse employment action for more than ten days, retires or is otherwise terminated by a decision not to employ or re-employ as a result of an allegation of misconduct or while an allegation of misconduct is pending. Failure to comply with this subdivision by a superintendent of schools constitutes unprofessional conduct which shall be investigated by the Committee of Credentials.

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