Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the Subletting and Subcontracting Fair Practices Act

KMTG will be issuing a series of updates on new legislation signed by Governor Brown.  All laws became effective January 1, 2014, unless otherwise stated.

Juvenile Court Schools—AB 631

AB 631 amends Education Code section 48645.3 to enhance instruction in mathematics and English language in juvenile court schools.  In AB 631, the Legislature recognizes the need to provide comprehensive instruction to all pupils, including those in juvenile court schools.  It also recognizes that “not all pupils have mastered a basic understanding of math and reading” for success in school.  The Legislature declares that “pupils attending juvenile court schools should have access to not only the common core academic content standards, but they should be presented in a practical way to enhance pupils’ understanding of the content.” 

To help meet this goal, AB 631 authorizes a county board of education to “adopt and enforce a course of study that enhances instruction in mathematics and English language arts for pupils attending juvenile court schools, as determined by statewide assessments or objective local evaluations and assessments as approved by the county superintendent of schools.”  Any course of study adopted must meet standards adopted pursuant to Section 60605.8 and must also “be tailored to meet the needs of the individual pupil to increase the pupil’s academic literacy and reading fluency.”

Reporting Allegations of Misconduct for Certificated School Employees—AB 449

AB 449 adds section 44030.5 to the Education Code, related to the reporting change in employment status of credentialholders to the Commission on Teacher Credentialing (“CTC”). 

Current law provides that if, as a result of an allegation of misconduct, a credentialholder is dismissed, is nonreelected, resigns, is suspended or placed on unpaid administrative leave for more than 10 days as a final adverse action, retires, or is otherwise terminated by a decision not to employ or reemploy, the superintendent or administrator must report the change in employment of the credentialholder to the Commission no later than 30 days after the change in employment status. 

AB 449 specifies 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 reporting to the Commission on Teacher Credentialing.  The failure to make a report is considered unprofessional conduct and may subject the superintendent or administrator of the charter school to adverse action by the CTC.

Bidding Practices under the Subletting and Subcontracting Fair Practices Act—AB 44

The Subletting and Subcontracting Fair Practices Act currently mandates that any officer, department, board, or commission that takes bids for construction of a public work or improvement must require that any person making a bid or offer to set forth in his or her bid certain information including “the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor” for the project.  

AB 44 adds to section 4104 of the Public Contract Code the requirement that each subcontractor’s California contractor license number must also be provided.  AB 44 provides that “[a]n inadvertent error in listing the California contractor license number . . . shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive” as long as the correct information is submitted within 24 hours after the bid opening.  This new requirement will go into effect on July 1, 2014.

What This Means To You

Board policies and administrative regulations should be reviewed to ensure compliance with the newest changes in the law.  School administration and staff should be updated as to any changes so that the appropriate policies are consistently followed.  KMTG attorneys are available to assist in review and revision of Board policies and regulations.

Topics:  Juveniles, Public Schools, Subcontracts, Subletting, Teachers

Published In: Construction Updates, Criminal Law Updates, Education Updates, Government Contracting Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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