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.