BILL NUMBER: AB 215	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 3, 2014

INTRODUCED BY   Assembly Member  Chesbro  
Buchanan 

                        JANUARY 31, 2013

   An act to  amend Section 42301 of the Public Resources
Code, relating to solid waste.   amend Sections 44932,
44934, 44935, 44936, 44937, 44939, 44940, 44941, 44943, 44944, and
44945 of, to add Sections 44934.1, 44939.1, 44941.1, 44944.05, and
44944.3 to, and to repeal and add Section 44944.1 of, the Education
Code, relating to school employees. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 215, as amended,  Chesbro   Buchanan 
.  Solid waste recycling.   School employees:
dismissal or suspension: hearings.  
   Existing law prohibits a permanent school employee from being
dismissed, except for one or more of certain enumerated causes,
including immoral or unprofessional conduct.  
   This bill would also include egregious misconduct, as defined, as
a basis for dismissal.  
   Existing law requires the governing board of a school district to
give notice to a permanent employee of its intention to dismiss or
suspend the employee, together with a written statement of charges,
at the expiration of 30 days from the date of service of the notice,
unless the employee demands a hearing.  
   This bill would additionally apply the above to egregious
misconduct. The bill would authorize a governing board of a school
district, if the board has given the above notice, based on written
charges, to amend the charges less than 90 days before the hearing on
the charges only upon a showing of good cause. The bill would
authorize the employee to be given a meaningful opportunity to
respond to the amended charges. The bill would authorize proceedings,
based solely on charges of egregious misconduct, to be initiated via
an alternative process, which this bill would establish, as
provided.  
   Existing law prohibits the governing board of a school district
from giving notice of dismissal or suspension of a permanent employee
between May 15 and September 15 of any year.  
   This bill would authorize any notice of dismissal or suspension to
be given at any time of year, as provided. The bill would require a
notice of dismissal or suspension given outside of the instructional
year of the schoolsite where the employee is physically employed to
be in writing and served personally upon the employee. The bill would
also revise various procedures for providing notice of dismissal or
suspension and would impose various requirements for the filing of a
demand for a hearing and the conduct of hearings by the Office of
Administrative Hearings.  
   Existing law authorizes the governing board of a school district
to immediately suspend an employee and give him or her notice of
dismissal upon filing of written charges relating to immoral conduct,
conviction of a felony, or an crime involving moral turpitude, with
incompetency due to mental disability, with willful refusal to
perform regular assignments without reasonable cause, as provided.
 
   This bill would authorize an employee who has been placed on
suspension pursuant to the above provisions to serve and file with
the Office of Administrative Hearings a motion for immediate reversal
of suspension, as provided.  
   Existing law provides that upon being charged, as specified, with
certain sex or controlled substance offenses, a certificated employee
be placed on either a compulsory leave of absence or an optional
leave of absence for certain enumerated violations.  
   This bill would revise the definitions of "charged with a
mandatory leave of absence offense" and "charged with an optional
leave of absence offense" for purposes of those provisions governing
when a certificated employee is required to be placed on either a
compulsory leave of absence or an optional leave of absence. Because
these revisions would increase the number of employees subject to
immediate placement on compulsory leave of absence, thereby
increasing the duties of school districts, the bill would impose a
state-mandated local program.  
   Existing law requires in a dismissal or suspension proceeding
against a permanent employee, if a hearing is requested by the
employee, that the hearing be commenced within 60 days from the date
of the employee's demand for a hearing.  
   This bill would require that the hearing be commenced within 6
months from the date of the employee's demand for a hearing, and be
completed by a closing of the record within 7 months of the date of
the employee's demand for a hearing. The bill would revise various
procedures for the conduct of those hearings, as prescribed,
including the authority to waive the conductibility of the hearing by
a Commission on Professional Competence and instead have the hearing
conducted by a single administrative law judge. The bill would
require that, in a dismissal or suspension proceeding carried out
under the above provisions, the parties make specified disclosures in
lieu of certain written discovery, as prescribed, and would
authorize the parties to obtain discovery by oral deposition. The
bill would require the governing board of the school district and the
state to share equally the expenses of the hearing if the Commission
on Professional Competence determines that the employee should be
dismissed or suspended.  
   The bill would also make conforming changes to these provisions.
 
   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.  
   The California Integrated Waste Management Act of 1989 requires
rigid plastic packaging containers that are sold or offered for sale
in this state to meet, on average, one of specified criteria and
defines terms for purposes of those requirements. One of those
criteria that a rigid plastic packaging container may meet to satisfy
this requirement is that the container be source reduced. The act
provides for the enforcement of these requirements by the Department
of Resources Recycling and Recovery and provides that an entity
making a false certification pursuant to those requirements is
subject to a violation for fraud.  
   This bill would revise the definitions of the various terms used
in the those requirements, including revising the definition of the
term "source reduced" to impose new requirements, thereby imposing a
state-mandated local program by changing the definition of a crime.
 
   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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares both
of the following:  
   (a) Pupils, educators, school administrators, school boards, and
school district employees need a certificated employee dismissal
process that is both fair and efficient.  
   (b) This act is intended to revise existing statutes in a manner
that will update and streamline the procedures for certificated
employee discipline and dismissal, making it more cost effective and
reducing the time necessary to complete the dismissal process. 
   SEC. 2.    Section 44932 of the   Education
Code   is amended to read: 
   44932.  (a)  No   A  permanent employee
shall  not  be dismissed except for one or more of the
following causes:
   (1) Immoral  or unprofessional  conduct 
including, but not limited to, egregious misconduct. For the purposes
of this chapter, "egregious misconduct" is defined  
exclusively as immoral conduct that is the basis for an offense
described in Section 44010 or 44011 of this code, or in Sections
11165.2 to 11165.6, inclusive, of the Penal Code  . 
   (2) Unprofessional conduct.  
   (2) 
    (3)  Commission, aiding, or advocating the commission of
acts of criminal syndicalism, as prohibited by Chapter 188 of the
Statutes of 1919, or in any amendment  thereof  
to that chapter  . 
   (3) 
    (4)  Dishonesty. 
   (4) 
    (5)  Unsatisfactory performance. 
   (5) 
    (6)  Evident unfitness for service. 
   (6) 
    (7)  Physical or mental condition unfitting him or her
to instruct or associate with children. 
   (7) 
    (8)  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   state board  or by the governing board
of the school district employing him or her. 
   (8) 
    (9)  Conviction of a felony or of any crime involving
moral turpitude. 
   (9) 
    (10)  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  
that  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,  44934.1,  44935, 44936, 44937,
44943, and 44944. This authorization shall not apply to  any
  a  school district  which  
that  has adopted a collective bargaining agreement pursuant to
subdivision (b) of Section 3543.2 of the Government Code.
   SEC. 3.    Section 44934 of the   Education
Code   is amended to read: 
   44934.   Upon   (a)    
This section shall apply to dismissal or suspension proceedings based
on charges as specified in Section 44932 or 44933, including
proceedings based on charges of egregious misconduct in combination
with other charges. Proceedings based solely on charges of eg 
 regious misconduct described in paragraph (1) of subdivision (a)
of Section 44932 may be initiated pursuant to Section 44934.1. 

    (b)    Upon  the filing of written
charges, duly signed and verified by the person filing them, with the
governing board of the school district, or upon a written statement
of charges formulated by the governing  board,  
board of the school district,  charging that there exists
cause, as specified in Section 44932 or 44933, for the dismissal or
suspension of a permanent employee of the  school  district,
the governing board  of the school district  may, upon
majority vote, except as provided in this article if it deems the
action necessary, give notice to the permanent employee of its
intention to dismiss or suspend him or her at the expiration of 30
days from the date of service of the notice, unless the employee
demands a hearing as provided in this article. Suspension proceedings
may be initiated pursuant to this section only if the governing
board  of the school district  has not adopted a collective
bargaining agreement pursuant to subdivision (b) of Section 3543.2 of
the Government Code. 
   Any 
    (c)     Any  written statement of
charges  of unprofessional conduct or unsatisfactory
performance  shall specify instances of behavior and the
acts or omissions constituting the charge so that the 
teacher   employee  will be able to prepare his or
her defense. It shall, where applicable, state the statutes and rules
 which   that  the  teacher
  employee  is alleged to have violated, 
but   and  it shall also set forth the facts
relevant to each  occasion of alleged unprofessional conduct
or unsatisfactory performance   charge  . 
   (d) If the governing board of the school district has given notice
to a certificated employee of its intention to dismiss or suspend
him or her, based upon written charges filed or formulated pursuant
to this section, the charges may be amended less than 90 days before
the hearing on the charges only upon a showing of good cause. If a
motion to amend charges is granted by the administrative law judge,
the employee shall be given a meaningful opportunity to respond to
the amended charges.  
   (e) A notice of the governing board of the school district to an
employee of its intention to dismiss or suspend him or her, together
with written charges filed or formulated pursuant to this section,
shall be sufficient to initiate a hearing under Section 11503 of the
Government Code, and the governing board of the school district shall
not be required to file or serve a separate accusation. 

   This 
    (f)     This  section shall also apply
to the suspension of probationary employees in a school district
with an average daily attendance of less than 250 pupils 
which   that  has not adopted a collective
bargaining agreement pursuant to subdivision (b) of Section 3542.2 of
the Government Code.
   SEC. 4.    Section 44934.1 is added to the  
Education Code   , to read:  
   44934.1.  (a) This section shall apply only to dismissal or
suspension proceedings based solely on charges of egregious
misconduct, as described in paragraph (1) of subdivision (a) of
Section 44932.
   (b) Upon the filing of written charges, duly signed and verified
by the person filing them, with the governing board of the school
district, or upon a written statement of charges formulated by the
governing board, charging that there exists cause, as specified in
paragraph (1) of subdivision (a) of Section 44932, for the dismissal
or suspension of a permanent employee of the district, the governing
board may, upon majority vote, except as provided in this article if
it deems the action necessary, give notice to the permanent employee
of its intention to dismiss or suspend him or her at the expiration
of 30 days from the date of service of the notice, unless the
employee demands a hearing as provided in this article.
   (c) Any written statement of charges of egregious misconduct shall
specify instances of behavior and the acts or omissions constituting
the charge so that the employee will be able to prepare his or her
defense. It shall, where applicable, state the statutes and rules
that the employee is alleged to have violated, and it shall also set
forth the facts relevant to each occasion of alleged egregious
misconduct.
   (d) This section shall also apply to the suspension of
probationary employees in a school district with an average daily
attendance of less than 250 pupils that has not adopted a collective
bargaining agreement pursuant to subdivision (b) of Section 3542.2 of
the Government Code. 
   SEC. 5.    Section 44935 of the   Education
Code   is amended to read: 
   44935.   (a)    No report on the fitness of a
 teacher   certificated employee  in a
dismissal or suspension proceeding initiated pursuant to Section
44934  or 44934.1  shall be received from a statewide
professional organization by a governing board unless the 
teacher   certificated employee  shall have been
given, prior to the preparation of the report in its final form, the
opportunity to submit in writing his or her comments on the report
and unless a copy of the report in final form is given to the
 teacher   certificated employee 
investigated at least 10 days prior to its submission to the board.

   Such a 
    (b)     A  report shall not be
distributed other than to the governing board and those persons
participating in its preparation, unless the  teacher
  certificated employee  does not demand a hearing
as provided by Section 44937.
   SEC. 6.    Section 44936 of the   Education
Code   is amended to read: 
   44936.   The   (a)     The
notice of dismissal or suspension in a proceeding initiated pursuant
to Section 44934 or 44934.1 may be given at any time of year. 

   (b) Notwithstanding subdivision (a), the notice of dismissal or
suspension in a proceeding involving only charges of unsatisfactory
performance initiated pursuant to Section 44934 shall only be given
during the instructional year of the schoolsite where the employee is
physically employed. However, a notice of dismissal or suspension in
a proceeding involving charges of unsatisfactory performance may be
initiated pursuant to paragraph (2) of subdivision (b) of Section
44938. 
    (c)     The  notice of dismissal or
suspension  in a proceeding initiated pursuant to Section
44934 shall not be given between May 15th and September 15th in any
year. It   given during the instructional year of the
schoolsite where the employee is physically employed  shall be
in writing and be served upon the employee personally or by United
States registered mail addressed to him  or   her 
at his  or her  last known address. A copy of the charges
filed, containing the information required by Section 11503 of the
Government Code, together with a copy of the provisions of this
article, shall be attached to the notice. 
   (d) A notice of dismissal or suspension given outside of the
instructional year of the schoolsite where the employee is physically
employed shall be in writing and shall be served upon the employee
personally. A copy of the charges filed, containing the information
required pursuant to Section 11503 of the Government Code, together
with a copy of the provisions of this article, shall be attached to
the notice. 
   SEC. 7.    Section 44937 of the   Education
Code   is amended to read: 
   44937.  In a dismissal or suspension proceeding initiated pursuant
to Section 44934  or 44934.1  , if the employee does not
demand a hearing by filing a written request for hearing with the
governing board, he or she may be dismissed or suspended without pay
for a specific period of time at the expiration of the 30-day period.

   SEC. 8.    Section 44939 of the   Education
Code  is amended to read: 
   44939.   Upon   (a)    
This section shall apply only to dismissal or suspension proceedings
initiated pursuant to Section 44934. 
    (b)     Upon  the filing of written
charges, duly signed and verified by the person filing them with the
governing board of a school district, or upon a written statement of
charges formulated by the governing  board,  
board of a school district,  charging a permanent employee of
the  school  district with immoral conduct, conviction of a
felony or of any crime involving moral turpitude, with incompetency
due to mental disability, with willful refusal to perform regular
assignments without reasonable cause, as prescribed by reasonable
rules and regulations of the employing school district,  or 
with violation of Section 51530,  with knowing membership by
the employee in the Communist Party or with violation of any
provision in Sections 7001 to 7007, inclusive, the   the
 governing board  of the school district  may, if it
deems  such   that  action necessary,
immediately suspend the employee from his  or her  duties
and give notice to him  or her  of his  or her 
suspension, and that 30 days after service of the notice  of
dismissal  , he  or she  will be dismissed, unless he
 or she  demands a hearing. 
   If the permanent employee is suspended upon charges of knowing
membership by the employee in the Communist Party or for any
violation of Section 7001, 7002, 7003, 7006, 7007, or 51530, he may
within 10 days after service upon him of notice of such suspension
file with the governing board a verified denial, in writing, of the
charges. In such event the permanent employee who demands a hearing
within the 30-day period shall continue to be paid his regular salary
during the period of suspension and until the entry of the decision
of  
   (c) (1) An employee who has been placed on suspension pursuant to
this section may serve and file with the Office of Administrative
Hearings a motion for immediate reversal of suspension. Review of a
motion filed pursuant to this section shall be limited to a
determination as to whether the facts as alleged in the statement of
charges, if true, are sufficient to constitute a basis for immediate
suspension under this section. The motion shall include a memorandum
of points and authorities setting forth law and argument supporting
the employee's contention that the statement of charges does not set
forth a sufficient basis for immediate suspension.  
   (2) The motion shall be served upon the governing board of the
school district and filed with the Office of Administrative Hearings
within 30 days after service upon the employee of the initial
pleading in the matter. The governing board of the school district
shall have the right to serve and file a written response to the
motion before or at the time of hearing.  
   (3) The hearing on the motion for immediate reversal of suspension
shall be held no later than 30 days after the motion is filed with
the Office of Administrative Hearings. 
    (4)     The administrative law judge shall,
no later than 15 days after the hearing, issue an order denying or
granting the motion. The order shall be in writing, and a copy of the
order shall be served by the Office of Administrative Hearings upon
the parties. The grant or denial of the motion shall be without
prejudice to consideration by  the Commission on Professional
Competence  , if and during such time as he furnishes to the
school district a suitable bond, or other security acceptable to the
governing board, as a guarantee that the employee will repay to the
school district the amount of salary so paid to him during the period
of suspension in case the decision of the Commission on Professional
Competence is that he shall be dismissed. If it is determined that
the employee may not be dismissed, the school board shall reimburse
the employee for the cost of the bond.   based upon the
full evidentiary record before it, of the validity of the grounds for
dismissal. The ruling shall not be considered by the commission in
determining the validity of the grounds for dismissal, and shall not
h   ave any bearing on the commission's determination
regarding the grounds for dismissal.  
   (5) An order granting a motion for immediate reversal of
suspension shall become effective within five days of service of the
order. The school district shall make the employee whole for any lost
wages, benefits, and compensation within 14 days after service of an
order granting the motion.  
   (6) A motion made pursuant to this section shall be the exclusive
means of obtaining interlocutory review of suspension pending
dismissal. The grant or denial of the motion shall not be subject to
interlocutory judicial review.  
   (d) A motion for immediate reversal of suspension pursuant to this
section shall have no bearing on the authority of a governing board
of a school district to determine the physical placement and
assignment of an employee who is suspended or placed on
administrative leave during the review of the motion or while
dismissal charges are pending. 
   SEC. 9.    Section 44939.1 is added to the  
Education Code   , to read:  
   44939.1.  (a) This section shall apply only to dismissal or
suspension proceedings initiated pursuant to Section 44934.1.
   (b) Upon the filing of written charges, duly signed and verified
by the person filing them with the governing board of a school
district, or upon a written statement of charges formulated by the
governing board, charging a permanent employee of the district with
egregious misconduct, as defined in paragraph (1) of subdivision (a)
of Section 44932, the governing board may, if it deems such action
necessary, immediately suspend the employee from his or her duties
and give notice to him or her of his or her suspension, and that 30
days after service of the notice of dismissal, he or she will be
dismissed, unless he or she demands a hearing.
   (c) School districts, county offices of education, and charter
schools are prohibited from entering into an agreement that would
prevent a mandatory report of egregious misconduct, as defined in
paragraph (1) of subdivision (a) of Section 44932, to the Commission
on Teacher Credentialing or any other state or federal agency.
   (d) School districts, county offices of education, and charter
schools are prohibited from entering into an agreement that would
authorize expunging from a school employee's personnel file credible
complaints of, substantiated investigations into, or discipline for,
egregious misconduct. This prohibition does not preclude any
agreement to remove documents containing allegations that have been
the subject of a hearing before an arbitrator, school board,
personnel commission, Commission on Professional Competence, or
administrative law judge, in which the employee prevailed, the
allegations were determined to be false, not credible, or
unsubstantiated, or a determination was made that the discipline was
not warranted.
   (e) A school district, county office of education, or charter
school that has made a report of an employee's egregious misconduct
to the Commission on Teacher Credentialing shall disclose this fact
to a school district, county office of education, or charter school
considering an application for employment from the employee, upon
inquiry.
   (f) Any school employee who alleges that another school employee
has engaged in egregious misconduct, as defined in paragraph (1) of
subdivision (a) of Section 44932, knowing at the time of making the
allegation that the allegation was false, shall be subject to
certificate revocation, if applicable. 
   SEC. 10.    Section 44940 of the   Education
Code   is amended to read: 
   44940.  (a) For purposes of this section, "charged with a
mandatory leave of absence offense" is defined to mean charged by
complaint, information, or indictment filed in a court of competent
jurisdiction with the commission of any sex offense as defined in
Section 44010,  or   with a violation or
attempted violation of Section 187 of the Penal Code, or  with
the commission of any offense involving aiding or abetting the
unlawful sale, use, or exchange to minors of controlled substances
listed in Schedule I, II, or III, as contained in  Section
  Sections  11054, 11055, and 11056 of the Health
and Safety  Code, with the exception of marijuana, mescaline,
peyote, or tetrahydrocannabinols  Code  .
   (b) For purposes of this section, "charged with an optional leave
of absence offense" is defined to mean a charge by complaint,
information, or indictment filed in a court of competent jurisdiction
with the commission of any controlled substance offense as defined
in Section 44011 or 87011,  or a violation or attempted
violation of Section 187 of the Penal Code, or  Sections
11357 to 11361, inclusive,  or  Section 11363, 11364, or
11370.1 of the Health and Safety Code, insofar as these sections
relate to any controlled substances except marijuana, mescaline,
peyote, or tetrahydrocannabinols.
   (c) For purposes of this section and Section 44940.5, the term
"school district" includes county offices of education.
   (d) (1)  Whenever any   If a 
certificated employee of a school district is charged with a
mandatory leave of absence offense, as defined in subdivision (a),
upon being informed that a charge has been filed, the governing board
of the school district shall immediately place the employee on
compulsory leave of absence. The duration of the leave of absence
shall be until a time not more than 10 days after the date of entry
of the judgment in the proceedings. No later than 10 days after
receipt of the complaint, information, or indictment described by
subdivision (a), the school district shall forward a copy to the
Commission on Teacher Credentialing.
   (2) Upon receiving a copy of a complaint, information, or
indictment described in subdivision (a) and forwarded by a school
district, the Commission on Teacher Credentialing shall automatically
suspend the employee's teaching or service credential. The duration
of the suspension shall be until a time not more than 10 days after
the date of entry of the judgment in the proceedings.
   (e) (1)  Whenever any   If   a 
certificated employee of a school district is charged with an
optional leave of absence offense as defined in subdivision (b), the
governing board of the school district may immediately place the
employee upon compulsory leave in accordance with the procedure in
this section and Section 44940.5. If any certificated employee is
charged with an offense deemed to fall into both the mandatory and
the optional leave of absence categories, as defined in subdivisions
(a) and (b), that offense shall be treated as a mandatory leave of
absence offense for purposes of this section. No later than 10 days
after receipt of the complaint, information, or indictment described
by subdivision (a), the school district shall forward a copy to the
Commission on Teacher Credentialing.
   (2) Upon receiving a copy of a complaint, information, or
indictment described in subdivision (a) and forwarded by a school
district, the Commission on Teacher Credentialing shall automatically
suspend the employee's teaching or service credential. The duration
of the suspension shall be until a time not more than 10 days after
the date of entry of the judgment in the proceedings.
   SEC. 11.    Section 44941 of the   Education
Code   is amended to read: 
   44941.   (a)    The notice of suspension and
intention to  dismiss,   dismiss  shall be
in writing and  be  served  upon the
employee personally or by United States registered mail addressed to
the employee at his last known address.   pursuant to
Section 44936.  A copy of the charges filed, containing the
information required by Section 11503 of the Government Code,
together with a copy of the provisions of this article, shall be
attached to the notice. If the employee does not demand a hearing
within the 30-day period, he  or she  may be dismissed upon
the expiration of 30 days after service of the notice. 
   (b) An employee who demands a hearing shall file a single document
containing his or her request for a hearing pursuant to this section
and a notice of defense pursuant to Sections 11505 and 11506 of the
Government Code. 
   SEC. 12.    Section 44941.1 is added to the 
 Education Code  , to read:  
   44941.1.  Notwithstanding Section 44941, the notice of suspension
and intention to dismiss that is based exclusively on charges of
egregious misconduct as described in paragraph (1) of subdivision (a)
of Section 44932, shall be in writing and served pursuant to Section
44936. A copy of the charges filed, containing the information
required by Section 11503 of the Government Code, together with a
copy of the provisions of this article, shall be attached to the
notice. If the employee does not demand a hearing within the 30-day
period, he or she may be dismissed upon the expiration of 30 days
after service of the notice. 
   SEC. 13.    Section 44943 of the   Education
Code   is amended to read: 
   44943.  When any employee who has been served with notice pursuant
to Section 44934  or 44934.1  of the governing board's
intention to dismiss or suspend him or her demands a hearing, the
governing board shall have the option either (a) to rescind its
action, or (b) schedule a hearing on the matter.
   SEC. 14.    Section 44944 of the   Education
Code   is amended to read: 
                                                 44944.  (a) 
(1)     In   This
section shall apply only to dismissal or suspension proceedings
initiated pursuant to Section 44934. 
    (b)     (1)     (A) 
   In  a dismissal or suspension proceeding
initiated pursuant to Section 44934, if a hearing is requested by the
employee, the hearing shall be commenced within  60 days
  six months  from the date of the employee's
demand for a hearing.  The hearing shall be initiated,
conducted, and a decision made in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code. However, the   A continuance shall
not extend the date for the commencement of the hearing more than
six months from the date of the employee's request for a hearing,
except for extraordinary circumstances, as determined by the
administrative law judge. If extraordinary circumstances are found
that extend the date for the commencement of the hearing, the
deadline for concluding the hearing and closing the record pursuant
to this subdivision shall be extended for a period of time equal to
the continuance. The  hearing date shall be established after
consultation with the employee and the governing board  of the
school district  , or their representatives,  and the
Commission on Professional Competence shall have all of the power
granted to an agency in that chapter, except that the right of
discovery of the parties shall not be limited to those matters set
forth in Section 11507.6 of the Government Code but shall include the
rights and duties of any party in a civil action brought in a
superior court under Title 4 (commencing with Section 2016.010) of
Part 4 of the Code of Civil Procedure. Notwithstanding any provision
to the contrary, and except for the taking of oral depositions, no
discovery shall occur later than 30 calendar days after the employee
is served with a copy of the accusation pursuant to Section 11505 of
the Government Code. In all cases, discovery   except
that if the parties are not able to reach an agreement on a date, the
Office of Administrative Hearings shall unilaterally set a date in
compliance with this section. The hearing  shall be completed
 prior to seven calendar days before the date upon which the
hearing commences. If any continuance is granted pursuant to Section
11524 of the Government Code, the time limitation for commencement of
the hearing as provided in this subdivision shall be extended for a
period of time equal to the continuance. However, the extension shall
not include that period of time attributable to an unlawful refusal
by either party to allow the discovery provided for in this section.
  by a closing of the record within seven months of the
date of the employee's demand for a hearing. A continuance shall not
extend the   date for the close of the record more than
seven months from the date of the employee's request for a hearing,
except for good cause, as determined by the administrative law judge.
 
   (2) If the right of discovery granted under paragraph (1) is
denied by either the employee or the governing board, all of the
remedies in Chapter 7 (commencing with Section 2023.010) of Title 4
of Part 4 of the Code of Civil Procedure shall be available to the
party seeking discovery and the court of proper jurisdiction, to
entertain his or her motion, shall be the superior court of the
county in which the hearing will be held.  
   (3) The time periods in this section and of 
    (B)     Where substantial progress has been
made in completing the previously scheduled days of the hearing
within the seven-month period but the hearing cannot be completed,
for good cause shown, within the seven-month period, the period for
completing the hearing may be extended by the presiding
administrative law judge. If the administrative law judge grants a
continuance under this subparagraph, he or she shall establish a
reasonable timetable for the completion of the hearing and the
closing of the record. The hearing shall be initiated and conducted,
and a decision made, in accordance with  Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government  Code and of Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure shall not be
applied so as to deny discovery in a hearing conducted pursuant to
this section   Code, and the Commission on Professional
Competence shall have all of the power granted to an agency pursuant
to that chapter, except as described in this article  . 

   (4) The superior court of the county in which the hearing will be
held may, upon motion of the party seeking discovery, suspend the
hearing so as to comply with the requirement of the preceding
paragraph.  
   (5) No witness shall be permitted to testify at the hearing except
upon oath or affirmation. No testimony shall be given or evidence
introduced relating to matters that occurred more than four years
prior to the date of the filing of the notice. Evidence 

   (2) (A) A witness shall not be permitted to testify at the hearing
except upon oath or affirmation. No testimony shall be given or
evidence introduced relating to matters that occurred more than four
years before the date of the filing of the notice, except allegations
of an act described in Section 44010 of this code or Sections
11165.2 to 11165.6, inclusive, of the Penal Code. 
      (B)     Evidence  of
records regularly kept by the governing board  of the school
district  concerning the employee may be introduced, but no
decision relating to the dismissal or suspension of  any
  an  employee shall be made based on charges or
evidence of any nature relating to matters occurring more than four
years  prior to   before  the filing of the
 notice   notice, except allegations of an act
described in Section 44010 of this code or Sections 11165.2 to
11165.6, inclusive, of the Penal Code  . 
   (c) (1) The hearing provided for in this section shall be
conducted by a Commission on Professional Competence, unless the
parties submit a statement in writing to the Office of Administrative
Hearings, indicating that both parties waive the right to convene a
Commission on Professional Competence and stipulate to having the
hearing conducted by a single administrative law judge. If the
parties elect to waive a hearing before the Commission on
Professional Competence, the hearing shall be initiated and
conducted, and a decision made, in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the administrative law judge conducting the
hearing shall have all the powers granted to a Commission on
Professional Competence pursuant to that chapter, except as described
in this article.  
   (2) If the parties elect not to waive a hearing before a
Commission on Professional Competence, one member of the commission
shall be selected by the employee, one member shall be selected by
the governing board of the school district, and one member shall be
an administrative law judge of the Office of Administrative Hearings
who shall be chairperson and a voting member of the commission and
shall be responsible for assuring that the legal rights of the
parties are protected at the hearing.  
   (b) (1) 
    (3)  The  hearing provided for in this section
shall be conducted by a   governing board of the school
district and the employee shall select  Commission on
Professional  Competence. One member of the commission shall
be selected by the employee, one member shall be selected by the
governing board, and one member shall be an administrative law judge
of   Competence members no later than 45 days before the
date set for hearing, and shall serve notice of their selection upon
all other parties and upon  the Office of Administrative
 Hearings who shall be chairperson and a voting member of the
commission and shall be responsible for assuring that the legal
rights of the parties are protected at the hearing. If either the
governing board or the employee for any reason fails to select a
commission member at least seven calendar days prior to the date of
the hearing, the failure   Hearings. Failure to meet
this deadline  shall constitute a waiver of the right to
selection, and the county board of education or its specific designee
shall immediately make the selection. If the county board of
education is also the governing board of the school district or has
by statute been granted the powers of a governing board, the
selection shall be made by the Superintendent, who shall be
reimbursed by the school district for all costs incident to the
selection. 
   (4) Any party who believes that a selected Commission on
Professional Competence member is not qualified may file an
objection, including a statement describing the basis for the
objection, with the Office of Administrative Hearings and serve the
objection and statement upon all other parties within 10 days of the
date that the notice of selection is filed. Within seven days after
the filing of any objection, the administrative law judge assigned to
the matter shall rule on the objection or convene a teleconference
with the parties for argument.  
   (2) 
    (5)     (A)  The member selected by
the governing board  of the school district  and the member
selected by the employee shall not be related to the employee and
shall not be employees of the  school  district initiating
the dismissal or  suspension and   suspension.
Each member  shall hold a currently valid credential and have at
least  five   three  years' experience
within the past 10 years in the discipline of the employee. 
   (B) For purposes of this paragraph, the following terms have the
following meanings:  
   (i) For an employee subject to dismissal whose most recent
teaching assignment is in kindergarten or any of the grades 1 to 6,
inclusive, "discipline" means a teaching assignment in kindergarten
or any of the grades 1 to 6, inclusive.  
   (ii) For an employee subject to dismissal whose most recent
assignment requires an education specialist credential or a services
credential, "discipline" means an assignment that requires an
education specialist credential or a services credential,
respectively.  
   (iii) For an employee subject to dismissal whose most recent
teaching assignment is in any of the grades 7 to 12, inclusive,
"discipline" means a teaching assignment in any of grades 7 to 12,
inclusive, in the same area of study, as that term is used in Section
51220, as the most recent teaching assignment of the employee
subject to dismissal.  
   (c) 
    (d)  (1) The decision of the Commission on Professional
Competence shall be made by a majority vote, and the commission shall
prepare a written decision containing findings of fact,
determinations of issues, and a disposition that shall be, solely,
one of the following:
   (A) That the employee should be dismissed.
   (B) That the employee should be suspended for a specific period of
time without pay.
   (C) That the employee should not be dismissed or suspended.
   (2) The decision of the Commission on Professional Competence that
the employee should not be dismissed or suspended shall not be based
on nonsubstantive procedural errors committed by the school district
or governing board  of the school district  unless the
errors are prejudicial errors.
   (3) The  commission   Commission on
Professional Competence  shall not have the power to dispose of
the charge of dismissal by imposing probation or other alternative
sanctions. The imposition of suspension pursuant to subparagraph (B)
of paragraph (1) shall be available only in a suspension proceeding
authorized pursuant to subdivision (b) of Section 44932 or Section
44933.
   (4) The decision of the Commission on Professional Competence
shall be deemed to be the final decision of the governing board 
of the school district  .
   (5) The  governing  board  of the school district
 may adopt from time to time rules and procedures not
inconsistent with this section as may be necessary to effectuate this
section.
   (6) The governing board  of the school district  and the
employee shall have the right to be represented by counsel. 
   (d) 
    (e)  (1) If the member selected by the governing board
 of the school district  or the member selected by the
employee is employed by any school district in this state, the member
shall, during any service on a Commission on Professional
Competence, continue to receive salary, fringe benefits, accumulated
sick leave, and other leaves and benefits from the  school 
district in which the member is employed, but shall receive no
additional compensation or honorariums for service on the commission.

   (2) If the member selected is a retired employee, the member shall
receive pay at the daily substitute teacher rate in the school
district that is a party to the hearing. Service on a Commission on
Professional Competence shall not be credited toward retirement
benefits.  
   (2) 
    (3)  If service on a Commission on Professional
Competence occurs during summer recess or vacation periods, the
member shall receive compensation proportionate to that received
during the current or immediately preceding contract period from the
member's employing  school  district, whichever amount is
greater. 
   (e) 
    (f)  (1) If the Commission on Professional Competence
determines that the employee should be dismissed or suspended, the
governing board  of the school district  and the 
employee   state  shall share equally the expenses
of the hearing, including the cost of the administrative law judge.
The state shall pay any costs incurred under  paragraph
  paragraphs  (2)  and (3)  of subdivision
 (d)   (e)  , the reasonable expenses, as
determined by the administrative law judge, of the member selected by
the governing board  of the school district  and the member
selected by the employee, including, but not limited to, payments or
obligations incurred for travel, meals, and lodging, and the cost of
the substitute or substitutes, if any, for the member selected by
the governing board  of the school district  and the member
selected by the employee. The Controller shall pay all claims
submitted pursuant to this paragraph from the General Fund, and may
prescribe reasonable rules, regulations, and forms for the submission
of the claims. The employee and the governing board  of the
school district  shall pay their own attorney's fees.
   (2) If the Commission on Professional Competence determines that
the employee should not be dismissed or suspended, the governing
board  of the school district  shall pay the expenses of the
hearing, including the cost of the administrative law judge, any
costs incurred under  paragraph   paragraphs
 (2) and (3)  of subdivision  (d) 
 (e)  , the reasonable expenses, as determined by the
administrative law judge, of the member selected by the governing
board  of the school district  and the member selected by
the employee, including, but not limited to, payments or obligations
incurred for travel, meals, and lodging, the cost of the substitute
or substitutes, if any, for the member selected by the governing
board  of the school district  and the member selected by
the employee, and reasonable attorney's fees incurred by the
employee.
   (3) As used in this section, "reasonable expenses" shall not be
deemed "compensation" within the meaning of subdivision  (d)
  (e)  .
   (4) If either the governing board  of the school district
 or the employee petitions a court of competent jurisdiction for
review of the decision of the  commission,  
Commission on Professional Competence  the payment of expenses
to members of the commission required by this subdivision shall not
be stayed.
   (5)  (A)    If the decision of
the  commission   Commission on Professional
Competence  is  finally  reversed or vacated by
a court of competent jurisdiction, either the state, having paid the
commission members' expenses, shall be entitled to reimbursement
from the governing board  of the school district  for those
expenses, or the governing board  of the school district  ,
having paid the expenses, shall be entitled to reimbursement from the
state.  If either the governing board of the school district or
the employee petitions a court of competent jurisdiction for review
of the decision to overturn the administrative law judge's decision,
the payment of the expenses of the hearing, including the cost of the
administrative law judge required by this paragraph, shall be stayed
until no further appeal is sought, or all appeals are exhausted.
 
   (B) Additionally, either the employee, having paid a portion of
the expenses of the hearing, including the cost of the administrative
law judge, shall be entitled to reimbursement from the governing
board for the expenses, or the governing board, having paid its
portion and the employee's portion of the expenses of the hearing,
including the cost of the administrative law judge, shall be entitled
to reimbursement from the employee for that portion of the expenses.
 
   (f) 
    (g)  The hearing provided for in this section shall be
conducted in a place selected by agreement among the members of the
 commission   Commission on Professional
Competence  . In the absence of agreement, the place shall be
selected by the administrative law judge.
   SEC. 15.    Section 44944.05 is added to the 
 Education Code   , to read:  
   44944.05.  (a) In a dismissal or suspension proceeding initiated
pursuant to Section 44934, in lieu of written discovery required
pursuant to Section 11507.6 of the Government Code, the parties shall
make disclosures as described in this section. This section shall
not apply to dismissal or suspension proceedings initiated pursuant
to Section 44934.1.
   (b) (1) An initial disclosure shall comply with the following
requirements:
   (A) A party shall, without awaiting a discovery request, provide
to the other parties both of the following:
   (i) The name and, if known, the address and telephone number of
each individual likely to have discoverable information, along with
the subjects of information relating to the allegations made in the
charges and the parties' claims and defenses, unless the use would be
solely for impeachment purposes.
   (ii) A copy of all documents, electronically stored information,
and tangible items that the disclosing party has in its possession,
custody, or control relating to the allegations made in the charges
and the parties' claims or defenses, unless the use would be solely
for impeachment.
   (B) The school district and the employee shall make their initial
disclosures within 45 days of the date of the employee's demand for a
hearing.
   (C) A party shall make its initial disclosures based on the
information then reasonably available to it. A party is not excused
from making its disclosures because it has not fully investigated the
case or because it challenges the sufficiency of another party's
disclosures. A party's failure to make initial disclosures within the
deadlines set forth in this section shall preclude the party from
introducing witnesses or evidence not disclosed at the hearing,
unless the party shows good cause for its failure to timely disclose.

   (D) A party has an obligation to promptly supplement its initial
disclosures as new information or evidence becomes known or
available. Supplemental disclosures shall be made as soon as
possible, and no later than 60 days before the date of commencement
of the hearing. A party's failure to make supplemental disclosures
promptly upon discovery or availability of new information or
evidence shall preclude the party from introducing witnesses or
evidence not disclosed at the hearing, unless the party shows good
cause for its failure to timely disclose.
   (2) The disclosure of expert testimony shall comply with the
following requirements:
   (A) A party shall also disclose to the other parties the
identities of any expert witnesses whose testimony it may use at the
hearing.
   (B) The disclosure specified in subparagraph (A) shall be
accompanied by a summary of the witness' expected testimony,
including a description of the facts and data considered by the
witness; a description of the witness' qualifications, including a
list of all publications authored in the previous 10 years; a list of
all other cases in which, during the previous four years, the
witness testified as an expert at a hearing or by deposition; and a
statement of the compensation to be paid to the expert witness.
   (C) Expert witness disclosures shall be made no later than 60 days
before the date of commencement of the hearing. A party's failure to
make full and timely expert witness disclosures shall preclude the
party's use of the expert witness' testimony or evidence at the
hearing.
   (3) Prehearing disclosures shall comply with the following
requirements:
   (A) In addition to the disclosures required in paragraphs (1) and
(2), a party shall provide to the other parties the following
information about the evidence that it may present at the hearing:
   (i) The name, and if not previously provided, the address and
telephone number of each witness, separately identifying those the
party expects to present and those it may call if the need arises.
   (ii) An identification of each exhibit, separately identifying
those items the party expects to offer and those it may offer if the
need arises.
   (B) Prehearing disclosures shall be made at least 30 days before
the hearing.
   (i) Within 14 days after prehearing disclosures are made, a party
shall file and serve any objections, along with the grounds for each
objection, to the admissibility of evidence.
   (ii) These objections shall be decided on the first day of
hearing, or at a prehearing conference conducted pursuant to Section
11511.5 of the Government Code. Documents and individuals not timely
disclosed without good cause shall be precluded from admission at the
hearing.
   (c) In addition to the disclosures required by subdivision (a),
the parties may obtain discovery by oral deposition in California, in
accordance with Sections 2025.010 to 2025.620, inclusive, of the
Code of Civil Procedure, except as described in this article. The
school district may take the depositions of the employee and no more
than four other witnesses, and the employee may take depositions of
no more than five witnesses. Each witness deposition is limited to
seven hours. An administrative law judge may allow the parties to
conduct additional depositions only upon a showing of good cause. If
a motion to conduct additional depositions is granted by the
administrative law judge, the employee shall be given a meaningful
opportunity to respond to new evidence introduced as a result of the
additional depositions. An order granting a motion for additional
depositions shall not constitute an extraordinary circumstance or
good cause for purposes of extending the deadlines set forth in
paragraph (1) of subdivision (b) of Section 44944.
   (d) If the right to disclosures or oral depositions is denied by
either the employee or the governing board, the exclusive right of a
party seeking an order compelling production of discovery shall be
pursuant to Section 11507.7 of the Government Code. If a party seeks
protection from unreasonable or oppressive discovery demands, the
exclusive right of a party seeking an order for protection shall be
pursuant to Section 11450.30 of the Government Code. 
   SEC. 16.    Section 44944.1 of the  
Education Code   is repealed.  
   44944.1.  At a hearing conducted pursuant to Section 44944, the
administrative law judge, before admitting any testimony or evidence
concerning an individual pupil, shall determine whether the
introduction of the testimony or evidence at an open hearing would
violate any provision of Article 5 (commencing with Section 49073) of
Chapter 6.5 of Part 27 of Division 4, relating to privacy of pupil
records. If the administrative law judge, in his or her discretion,
determines that any of
such provisions would be violated, he or she shall order that the
hearing, or any portion thereof at which the testimony or evidence
would be produced, be conducted in executive session. 
   SEC. 17.    Section 44944.1 is added to the 
 Education Code   , to read:  
   44944.1.  (a) This section shall apply only to dismissal or
suspension proceedings initiated pursuant to Section 44934.1.
   (b) Once the governing board of the school district has initiated
dismissal or suspension proceedings pursuant to Section 44934.1, the
process described in this section shall be the exclusive means of
pursuing a dismissal or suspension for the acts or events
constituting the charge of egregious misconduct, and these specific
acts or events shall not be used to support any additional or
subsequent notice of suspension or dismissal pursuant to Section
44934. Once the governing board of the school district has initiated
dismissal or suspension proceedings pursuant to Section 44934.1, the
process described in this section shall be the exclusive means of
pursuing a dismissal or suspension against the certificated employee
until a written decision has been reached by the administrative law
judge, pursuant to paragraph (1) of subdivision (e). If a suspension
initiated against an employee pursuant to Section 44934.1 is upheld,
and a dismissal was not pursued on the same charges, the entry of
judgment of the suspension under Section 44934.1 may be considered as
evidence to support a subsequent notice of dismissal based on other
charges. If a suspension initiated against an employee pursuant to
Section 44934.1 is upheld, but the employee prevailed on the
dismissal proceeding based on the same charges, the entry of judgment
of the suspension under Section 44934.1 shall not be considered as
evidence to support a subsequent notice of dismissal based on other
charges.
   (c) The hearing provided for in this section shall be initiated
and conducted, and a decision made, in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, by an administrative law judge. The
administrative law judge conducting the hearing shall have all the
powers granted to an agency pursuant to that chapter.
   (d) (1) (A) In a dismissal or suspension proceeding initiated
pursuant to Section 44934.1, if a hearing is requested by the
employee, the hearing shall be commenced within 60 days from the date
of the employee's demand for a hearing. The hearing date shall be
established after consultation with the employee and the governing
board, or their representatives, except that, if the parties are not
able to reach agreement on a date, the Office of Administrative
Hearings shall unilaterally set a date in compliance with this
section. The Office of Administrative Hearings shall prioritize the
scheduling of dismissal or suspension proceedings initiated pursuant
to Section 44934.1 over other proceedings related to certificated
school employees.
   (B) The right of discovery of the parties shall not be limited to
those matters set forth in Section 11507.6 of the Government Code but
shall include the rights and duties of any party in a civil action
brought in a superior court under Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure. Notwithstanding
any provision to the contrary, and except for the taking of oral
depositions, no discovery shall occur later than 30 calendar days
after the employee is served with a copy of the accusation pursuant
to Section 11505 of the Government Code. In all cases, discovery
shall be completed prior to seven calendar days before the date upon
which the hearing commences. If any continuance is granted pursuant
to Section 11524 of the Government Code, the time limitation for
commencement of the hearing as provided in this subdivision shall be
extended for a period of time equal to the continuance. The
continuance or continuances granted pursuant to Section 11524 of the
Government Code, if any, shall not extend by more than a total of 30
days the deadline set forth in paragraph (1) of subdivision (d). The
extension shall not include that period of time attributable to an
unlawful refusal by either party to allow the discovery provided for
in this section.
   (2) If the right of discovery granted under paragraph (1) is
denied by either the employee or the governing board, the exclusive
right of a party seeking an order compelling production of discovery
shall be pursuant to Section 11507.7 of the Government Code. If a
party seeks protection from unreasonable or oppressive discovery
demands, the exclusive right of a party seeking an order for
protection shall be pursuant to Section 11450.30 of the Government
Code.
   (3) A witness shall not be permitted to testify at the hearing
except upon oath or affirmation. No testimony shall be given or
evidence introduced relating to matters that occurred more than four
years before the date of the filing of the notice, except evidence of
egregious misconduct, as described in paragraph (1) of subdivision
(a) of Section 44932, which shall not be excluded based on the
passage of time.
   (4) Evidence of records regularly kept by the governing board of
the school district concerning the employee may be introduced, but no
decision relating to the dismissal or suspension of an employee
shall be made based on charges or evidence of any nature relating to
matters occurring more than four years before the filing of the
notice, except evidence of egregious misconduct, as described in
paragraph (1) of subdivision (a) of Section 44932, which shall not be
excluded based on the passage of time.
   (e) (1) The administrative law judge shall prepare a written
decision containing findings of fact, determinations of issues, and a
disposition that shall be, solely, one of the following:
   (A) That the employee should be dismissed.
   (B) That the employee should be suspended for a specific period of
time without pay.
   (C) That the employee should not be dismissed or suspended.
   (2) The decision of the administrative law judge that the employee
should not be dismissed or suspended shall not be based on
nonsubstantive procedural errors committed by the school district or
governing board unless the errors are prejudicial errors.
   (3) The administrative law judge shall not have the power to
dispose of the charge of dismissal by imposing probation or other
alternative sanctions. The imposition of suspension pursuant to
subparagraph (B) of paragraph (1) shall be available only in a
suspension proceeding authorized pursuant to subdivision (b) of
Section 44932 or Section 44933.
   (4) The decision of the administrative law judge shall be deemed
to be the final decision of the governing board.
   (5) The board may adopt from time to time rules and procedures not
inconsistent with this section as may be necessary to effectuate
this section.
   (6) The governing board and the employee shall have the right to
be represented by counsel.
   (f) (1) If the administrative law judge determines that the
employee should be dismissed or suspended, the governing board and
the state shall share equally the expenses of the hearing, including
the cost of the administrative law judge. The Controller shall pay
all claims submitted pursuant to this paragraph from the General
Fund, and may prescribe reasonable rules, regulations, and forms for
the submission of the claims. The employee and the governing board
shall pay their own attorney's fees.
   (2) If the administrative law judge determines that the employee
should not be dismissed or suspended, the governing board shall pay
the expenses of the hearing, including the cost of the administrative
law judge, and reasonable attorney's fees incurred by the employee.
   (3) If either the governing board of the school district or the
employee petitions a court of competent jurisdiction for review of
the decision of the administrative law judge, the payment of the
expenses of the hearing, including the cost of the administrative law
judge required by this subdivision, shall not be stayed.
   (4) If either the governing board of the school district or the
employee petitions a court of competent jurisdiction for review of
the decision of the administrative law judge and the decision is
upheld, the appellee shall be entitled to an award of reasonable
attorney's fees and costs expended on the appeal.
   (5) If the decision of the administrative law judge is reversed or
vacated by a court of competent jurisdiction, either the state,
having paid one-half of the expenses of the hearing, including the
cost of the administrative law judge, shall be entitled to
reimbursement from the governing board for those expenses, or the
governing board of the school district, having paid one-half of the
expenses, shall be entitled to reimbursement from the state. If
either the governing board of the school district or the employee
petitions a court of competent jurisdiction for review of the
decision to overturn the administrative law judge's decision, the
payment of the expenses of the hearing, including the cost of the
administrative law judge required by this paragraph shall be stayed
until no further appeal is sought, or all appeals are exhausted.
   (g) The hearing provided for in this section shall be conducted in
a place selected in accordance with Section 11508 of the Government
Code. 
   SEC. 18.    Section 44944.3 is added to the 
 Education Code   , to read:  
   44944.3.  At a hearing conducted pursuant to Section 44944 or
44944.1, the administrative law judge, before admitting any testimony
or evidence concerning an individual pupil, shall determine whether
the introduction of the testimony or evidence at an open hearing
would violate any provision of Article 5 (commencing with Section
49073) of Chapter 6.5 of Part 27 of Division 4, relating to privacy
of pupil records. If the administrative law judge, in his or her
discretion, determines that any of those provisions would be
violated, he or she shall order that the hearing, or any portion
thereof at which the testimony or evidence would be produced, be
conducted in executive session. 
   SEC. 19.    Section 44945 of the   Education
Code   is amended to read: 
   44945.  The decision  of the Commission on Professional
Competence   reached in a dismissal or suspension
proceeding initiated pursuant to Section 44934 or 44934.1  may,
on petition of either the governing board or the employee, be
reviewed by a court of competent jurisdiction in the same manner as a
decision made by a hearing officer under Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code. The court, on review, shall exercise its independent judgment
on the evidence. The proceeding shall be set for hearing at the
earliest possible date and shall take precedence over all other
cases, except older matters of the same character and matters to
which special precedence is given by law.
   SEC. 20.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
       
  SECTION 1.    Section 42301 of the Public
Resources Code is amended to read:
   42301.  For purposes of this chapter, the following definitions
apply:
   (a) "Container manufacturer" means a company or a successor
company that manufactures and sells any rigid plastic packaging
container subject to this chapter to a manufacturer that sells or
offers for sale in this state any product packaged in that container.

   (b) "Curbside collection program" means a recycling program that
collects materials set out by households for collection at the curb
at intervals not less than every two weeks. "Curbside collection
program" does not include redemption centers, buyback locations,
drop-off programs, material recovery facilities, or plastic recovery
facilities.
   (c) "Refillable package" means a rigid plastic packaging container
that is routinely returned to and refilled by the product
manufacturer or its agent at least five times with the original
product contained by the rigid plastic packaging containers.
   (d) "Reusable package" means a rigid plastic packaging container
that is routinely reused by consumers at least five times to store
the original product contained by the package.
   (e) "Manufacturer" means the producer or generator of a product
that is sold or offered for sale in the state and that is stored
inside of a rigid plastic packaging container.
   (f) "Rigid plastic packaging container" means a plastic packaging
container having a relatively inflexible finite shape or form, with a
minimum capacity of eight fluid ounces or its equivalent volume and
a maximum capacity of five fluid gallons or its equivalent volume,
that is capable of maintaining its shape while holding other
products, including, but not limited to, bottles, cartons, and other
receptacles, for sale or distribution in the state.
   (g) (1) "Postconsumer material" means a material that would
otherwise be destined for solid waste disposal, having completed its
intended end use and product lifecycle.
   (2) Except as provided in paragraphs (3) and (4), "postconsumer
material" does not include materials and byproducts generated from,
and commonly reused within, an original manufacturing and fabrication
process.
   (3) "Postconsumer material" includes finished plastic packaging
that has been rejected by a container or product manufacturer, and
that would be commonly disposed of, if the department determines the
material is later used in a process that is other than an original
manufacturing and fabrication process.
   (4) "Postconsumer material" includes a rigid plastic packaging
container holding an obsolete or unsold product that is commonly
disposed of, and not commonly reused, within an original
manufacturing process, if the rigid plastic packaging container is
used as feedstock for new rigid plastic packaging containers or under
the alternative compliance method established by Section 42310.3.
   (h) "Recycled" means a product or material that has been reused in
the production of another product and has been diverted from
disposal in a landfill.
   (i) "Recycling rate" means the proportion, as measured by weight,
volume, or number, of a rigid plastic packaging container sold or
offered for sale in the state that is being recycled in a given
calendar year, that is one of the following:
   (1) A particular type of rigid plastic packaging container, such
as a milk jug, soft drink container, or detergent bottle.
   (2) A product-associated rigid plastic packaging container.
   (3) A single resin type, as specified in Section 18015, of rigid
plastic packaging container, notwithstanding the exemption of that
container from this chapter pursuant to subdivision (b), (c), or (d)
of Section 42340.
   (j) (1) "Source reduced container" means a rigid plastic container
for which the container weight per unit or number of product uses
has been reduced by 10 percent when compared with one of the
following:
    (A) The rigid plastic packaging container used for the product by
the manufacturer on January 1, 1995.
    (B) The rigid plastic packaging container used for that product
by the product manufacturer over the course of the first full year of
commerce in this state.
    (C) A rigid plastic packaging container used in commerce in this
state during the same year for similar products in similar rigid
plastic packaging containers by the product manufacturer whose
containers have not been considered source reduced, or a particular
type of rigid plastic packaging container that is used to hold a
similar product by other product manufacturers, as determined by the
department, whose containers have not been considered source reduced.

   (2) A rigid plastic packaging container is not a source reduced
container for the purposes of this chapter if the reduction was
achieved by any of the following:
   (A) Substituting a different material type for a material that
previously constituted the principal material of the container.
   (B) Increasing a container's weight per unit or number of product
uses after January 1, 1991.
   (C) Packaging changes that adversely affect the potential for the
rigid plastic packaging container to be recycled or to be made of
postconsumer material.
   (k) "Product-associated rigid plastic packaging container" means a
brand-specific, rigid plastic packaging container line that may have
one or more sizes, shapes, or designs and that is used in
conjunction with a particular generic product line.
   (  l  ) "PETE" means polyethylene terephthalate
as specified in subdivision (a) of Section 18015.
   (m) "HDPE" means high-density polyethylene. 
  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.