Amended in Senate May 12, 2014

Amended in Senate April 3, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 215


Introduced by Assembly Member Buchanan

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(Principal coauthor: Assembly Member Olsen)

end insert
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(Principal coauthors: Senators Liu, Correa, and Padilla)

end insert
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(Coauthors: Senators Block and Monning)

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January 31, 2013


An act to amend Sections 44932, 44934, 44935, 44936, 44937, 44939, 44940, 44941, 44943, 44944, and 44945 of, to add Sections 44934.1, 44939.1,begin insert 44939.5,end insert 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, Buchanan. 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 amendbegin delete theend delete charges less than 90 days before the hearing on the charges only upon a showing of good cause. The bill wouldbegin delete authorizeend deletebegin insert require thatend insert the employeebegin delete toend delete 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 providingbegin insert aend insert notice of dismissal orbegin delete suspensionend deletebegin insert suspension,end insert 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, orbegin delete anend deletebegin insert anyend insert 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 wouldbegin delete require that,end deletebegin insert require,end insert in a dismissal or suspension proceeding carried out under the above provisions,begin insert thatend insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

The Legislature finds and declares both of the
2following:

3(a) Pupils, educators, school administrators, school boards, and
4school district employees need a certificated employee dismissal
5process that is both fair and efficient.

P4    1(b) This act is intended to revise existing statutes in a manner
2that will update and streamline the procedures for certificated
3employee discipline and dismissal, making it more cost effective
4and reducing the time necessary to complete the dismissal process.

5

SEC. 2.  

Section 44932 of the Education Code is amended to
6read:

7

44932.  

(a) A permanent employee shall not be dismissed
8except for one or more of the following causes:

9(1) Immoral conduct including, but not limited to, egregious
10misconduct. For the purposes of this chapter, “egregious
11misconduct” is defined exclusively as immoral conduct that is the
12basis for an offense described in Section 44010 or 44011 of this
13code, or in Sections 11165.2 to 11165.6, inclusive, of the Penal
14Code.

15(2) Unprofessional conduct.

16(3) Commission, aiding, or advocating the commission of acts
17of criminal syndicalism, as prohibited by Chapter 188 of the
18Statutes of 1919, or in any amendment to that chapter.

19(4) Dishonesty.

20(5) Unsatisfactory performance.

21(6) Evident unfitness for service.

22(7) Physical or mental condition unfitting him or her to instruct
23or associate with children.

24(8) Persistent violation of or refusal to obey the school laws of
25the state or reasonable regulations prescribed for the government
26of the public schools by the state board or by the governing board
27of the school district employing him or her.

28(9) Conviction of a felony or of any crime involving moral
29turpitude.

30(10) Violation of Section 51530 or conduct specified in Section
311028 of the Government Code, added by Chapter 1418 of the
32Statutes of 1947.

33(11) Alcoholism or other drug abuse that makes the employee
34unfit to instruct or associate with children.

35(b) The governing board of a school district may suspend
36without pay for a specific period of time on grounds of
37unprofessional conduct a permanent certificated employee or, in
38a school district with an average daily attendance of less than 250
39pupils, a probationary employee, pursuant to the procedures
40 specified in Sections 44933, 44934, 44934.1, 44935, 44936, 44937,
P5    144943, and 44944. This authorization shall not apply to a school
2district that has adopted a collective bargaining agreement pursuant
3to subdivision (b) of Section 3543.2 of the Government Code.

4

SEC. 3.  

Section 44934 of the Education Code is amended to
5read:

6

44934.  

(a) This section shall apply to dismissal or suspension
7proceedings based on charges as specified in Section 44932 or
844933, including proceedings based on charges of egregious
9misconduct in combination with other charges. Proceedings based
10solely on charges of egregious misconduct described in paragraph
11(1) of subdivision (a) of Section 44932 may be initiated pursuant
12to Section 44934.1.

13(b) Upon the filing of written charges, duly signed and verified
14by the person filing them, with the governing board of the school
15district, or upon a written statement of charges formulated by the
16governing board of the school district, charging that there exists
17 cause, as specified in Section 44932 or 44933, for the dismissal
18or suspension of a permanent employee of the school district, the
19governing board of the school district may, upon majority vote,
20except as provided in this article if it deems the action necessary,
21give notice to the permanent employee of its intention to dismiss
22or suspend him or her at the expiration of 30 days from the date
23of service of the notice, unless the employee demands a hearing
24as provided in this article. Suspension proceedings may be initiated
25pursuant to this section only if the governing board of the school
26district has not adopted a collective bargaining agreement pursuant
27to subdivision (b) of Section 3543.2 of the Government Code.

28(c) Any written statement of charges shall specify instances of
29behavior and the acts or omissions constituting the charge so that
30the employee will be able to prepare his or her defense. It shall,
31where applicable, state the statutes and rules that the employee is
32alleged to have violated, and it shall also set forth the facts relevant
33to each charge.

34(d) If the governing board of the school district has given notice
35to a certificated employee of its intention to dismiss or suspend
36him or her, based upon written charges filed or formulated pursuant
37to this section, the charges may be amended less than 90 days
38before the hearing on the charges only upon a showing of good
39cause. If a motion to amend charges is granted by the administrative
P6    1law judge, the employee shall be given a meaningful opportunity
2to respond to the amended charges.

3(e) A notice of the governing board of the school district to an
4employee of its intention to dismiss or suspend him or her, together
5with written charges filed or formulated pursuant to this section,
6shall be sufficient to initiate a hearing under Section 11503 of the
7Government Code, and the governing board of the school district
8shall not be required to file or serve a separate accusation.

9(f) This section shall also apply to the suspension of probationary
10employees in a school district with an average daily attendance of
11less than 250 pupils that has not adopted a collective bargaining
12agreement pursuant to subdivision (b) of Section 3542.2 of the
13Government Code.

14

SEC. 4.  

Section 44934.1 is added to the Education Code, to
15read:

16

44934.1.  

(a) This section shall apply only to dismissal or
17suspension proceedings based solely on charges of egregious
18misconduct, as described in paragraph (1) of subdivision (a) of
19Section 44932.

20(b) Upon the filing of written charges, duly signed and verified
21by the person filing them, with the governing board ofbegin delete theend deletebegin insert aend insert school
22district, or upon a written statement of charges formulated by the
23governingbegin delete board,end deletebegin insert board of a school districtend insert charging that there
24exists cause, as specified in paragraph (1) of subdivision (a) of
25Section 44932, for the dismissal or suspension of a permanent
26employee of thebegin insert schoolend insert district, the governing boardbegin insert of the school
27districtend insert
may, upon majority vote, except as provided in this article
28if it deems the action necessary, give notice to the permanent
29employee of its intention to dismiss or suspend him or her at the
30expiration of 30 days from the date of service of the notice, unless
31the employee demands a hearing as provided in this article.

32(c) Any written statement of charges of egregious misconduct
33shall specify instances of behavior and the acts or omissions
34constituting the charge so that the employee will be able to prepare
35his or her defense. It shall, where applicable, state the statutes and
36rules that the employee is alleged to have violated, and it shall also
37set forth the facts relevant to each occasion of alleged egregious
38misconduct.

39(d) This section shall also apply to the suspension of
40probationary employees in a school district with an average daily
P7    1attendance of less than 250 pupils that has not adopted a collective
2bargaining agreement pursuant to subdivision (b) of Section 3542.2
3of the Government Code.

4

SEC. 5.  

Section 44935 of the Education Code is amended to
5read:

6

44935.  

(a) begin deleteNo end deletebegin insertA end insertreport on the fitness of a certificated employee
7in a dismissal or suspension proceeding initiated pursuant to
8Section 44934 or 44934.1 shallbegin insert notend insert be received from a statewide
9professional organization by a governing board unless the
10 certificated employee shall have been given, prior to the preparation
11of the report in its final form, the opportunity to submit in writing
12his or her comments on the report and unless a copy of the report
13in final form is given to the certificated employee investigated at
14least 10 days prior to its submission to thebegin insert governingend insert board.

15(b) A report shall not be distributed other than to the governing
16board and those persons participating in its preparation, unless the
17 certificated employee does not demand a hearing as provided by
18Section 44937.

19

SEC. 6.  

Section 44936 of the Education Code is amended to
20read:

21

44936.  

(a) The notice of dismissal or suspension in a
22proceeding initiated pursuant to Section 44934 or 44934.1 may be
23given at any time of year.

24(b) Notwithstanding subdivision (a), the notice of dismissal or
25suspension in a proceeding involving only charges of unsatisfactory
26performance initiated pursuant to Section 44934 shall only be
27given during the instructional year of the schoolsite where the
28employee is physically employed. However, a notice of dismissal
29or suspension in a proceeding involving charges of unsatisfactory
30performance may be initiated pursuant to paragraph (2) of
31subdivision (b) of Section 44938.

32(c) The notice of dismissal or suspension given during the
33instructional year of the schoolsite where the employee is
34physically employed shall be in writing and be served upon the
35employee personally or by United States registered mail addressed
36to him or her at his or her last known address. A copy of the
37charges filed, containing the information required by Section 11503
38of the Government Code, together with a copy of the provisions
39of this article, shall be attached to the notice.

P8    1(d) A notice of dismissal or suspension given outside of the
2instructional year of the schoolsite where the employee is
3physically employed shall be in writing and shall be served upon
4the employee personally. A copy of the charges filed, containing
5the information required pursuant to Section 11503 of the
6Government Code, together with a copy of the provisions of this
7article, shall be attached to the notice.

8

SEC. 7.  

Section 44937 of the Education Code is amended to
9read:

10

44937.  

In a dismissal or suspension proceeding initiated
11pursuant to Section 44934 or 44934.1, if the employee does not
12demand a hearing by filing a written request for hearing with the
13governing board, he or she may be dismissed or suspended without
14pay for a specific period of time at the expiration of the 30-day
15period.

16

SEC. 8.  

Section 44939 of the Education Code is amended to
17read:

18

44939.  

(a) This section shall apply only to dismissal or
19suspension proceedings initiated pursuant to Section 44934.

20(b) Upon the filing of written charges, duly signed and verified
21by the person filing them with the governing board of a school
22district, or upon a written statement of charges formulated by the
23governing board of a school district, charging a permanent
24employee of the school district with immoral conduct, conviction
25of a felony or of any crime involving moral turpitude, with
26incompetency due to mental disability, with willful refusal to
27perform regular assignments without reasonable cause, as
28prescribed by reasonable rules and regulations of the employing
29school district, or with violation of Section 51530, the governing
30board of the school district may, if it deems that action necessary,
31immediately suspend the employee from his or her duties and give
32notice to him or her of his or her suspension, and that 30 days after
33service of the notice of dismissal, he or she will be dismissed,
34unless he or she demands a hearing.

35(c) (1) An employee who has been placed on suspension
36pursuant to this section may serve and file with the Office of
37Administrative Hearings a motion for immediate reversal of
38suspension. Review of a motion filed pursuant to this section shall
39be limited to a determination as to whether the facts as alleged in
40the statement of charges, if true, are sufficient to constitute a basis
P9    1for immediate suspension under this section. The motion shall
2include a memorandum of points and authorities setting forth law
3and argument supporting the employee’s contention that the
4statement of charges does not set forth a sufficient basis for
5immediate suspension.

6(2) The motion shall be served upon the governing board of the
7school district and filed with the Office of Administrative Hearings
8within 30 days after service upon the employee of the initial
9pleading in the matter. The governing board of the school district
10shall have the right to serve and file a written response to the
11motion before or at the time of hearing.

12(3) The hearing on the motion for immediate reversal of
13suspension shall be held no later than 30 days after the motion is
14filed with the Office of Administrative Hearings.

15(4) The administrative law judge shall, no later than 15 days
16after the hearing, issue an order denying or granting the motion.
17The order shall be in writing, and a copy of the order shall be
18served by the Office of Administrative Hearings upon the parties.
19The grant or denial of the motion shall be without prejudice to
20consideration by the Commission on Professional Competence
21 based upon the full evidentiary record before it, of the validity of
22the grounds for dismissal. The ruling shall not be considered by
23the commission in determining the validity of the grounds for
24dismissal, and shall not have any bearing on the commission’s
25determination regarding the grounds for dismissal.

26(5) An order granting a motion for immediate reversal of
27suspension shall become effective within five days of service of
28the order. The school district shall make the employee whole for
29any lost wages, benefits, and compensation within 14 days after
30service of an order granting the motion.

31(6) A motion made pursuant to this section shall be the exclusive
32means of obtaining interlocutory review of suspension pending
33dismissal. The grant or denial of the motion shall not be subject
34to interlocutory judicial review.

35(d) A motion for immediate reversal of suspension pursuant to
36this section shall have no bearing on the authority of a governing
37board of a school district to determine the physical placement and
38assignment of an employee who is suspended or placed on
39administrative leave during the review of the motion or while
40dismissal charges are pending.

P10   1

SEC. 9.  

Section 44939.1 is added to the Education Code, to
2read:

3

44939.1.  

(a) This section shall apply only to dismissal or
4suspension proceedings initiated pursuant to Section 44934.1.

5(b) Upon the filing of written charges, duly signed and verified
6by the person filing them with the governing board of a school
7district, or upon a written statement of charges formulated by the
8governingbegin delete board,end deletebegin insert board of a school district,end insert charging a permanent
9employee of thebegin insert schoolend insert district with egregious misconduct, as
10defined in paragraph (1) of subdivision (a) of Section 44932, the
11governing boardbegin insert of the school districtend insert may, if it deems such action
12necessary, immediately suspend the employee from his or her
13duties and give notice to him or her of his or her suspension, and
14that 30 days after service of the notice of dismissal, he or she will
15be dismissed, unless he or she demands a hearing.

begin delete

16(c) School districts, county offices of education, and charter
17schools are prohibited from entering into an agreement that would
18prevent a mandatory report of egregious misconduct, as defined
19in paragraph (1) of subdivision (a) of Section 44932, to the
20Commission on Teacher Credentialing or any other state or federal
21agency.

22(d) School districts, county offices of education, and charter
23schools are prohibited from entering into an agreement that would
24authorize expunging from a school employee’s personnel file
25credible complaints of, substantiated investigations into, or
26discipline for, egregious misconduct. This prohibition does not
27preclude any agreement to remove documents containing
28allegations that have been the subject of a hearing before an
29arbitrator, school board, personnel commission, Commission on
30Professional Competence, or administrative law judge, in which
31 the employee prevailed, the allegations were determined to be
32false, not credible, or unsubstantiated, or a determination was made
33that the discipline was not warranted.

34(e) A school district, county office of education, or charter
35school that has made a report of an employee’s egregious
36misconduct to the Commission on Teacher Credentialing shall
37disclose this fact to a school district, county office of education,
38or charter school considering an application for employment from
39the employee, upon inquiry.

P11   1(f) Any school employee who alleges that another school
2employee has engaged in egregious misconduct, as defined in
3paragraph (1) of subdivision (a) of Section 44932, knowing at the
4time of making the allegation that the allegation was false, shall
5be subject to certificate revocation, if applicable.

end delete
6begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 44939.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
7read:end insert

begin insert
8

begin insert44939.5.end insert  

(a) School districts, county offices of education, and
9charter schools are prohibited from entering into an agreement
10that would prevent a mandatory report of egregious misconduct,
11as defined in paragraph (1) of subdivision (a) of Section 44932,
12to the Commission on Teacher Credentialing or any other state
13or federal agency.

14(b) School districts, county offices of education, and charter
15schools are prohibited from entering into an agreement that would
16authorize expunging from a school employee’s personnel file
17credible complaints of, substantiated investigations into, or
18discipline for, egregious misconduct. This prohibition does not
19preclude any agreement to remove documents containing
20allegations that have been the subject of a hearing before an
21arbitrator, school board, personnel commission, Commission on
22Professional Competence, or administrative law judge, in which
23the employee prevailed, the allegations were determined to be
24false, not credible, or unsubstantiated, or a determination was
25made that the discipline was not warranted.

26(c) A school district, county office of education, or charter
27school that has made a report of an employee’s egregious
28misconduct to the Commission on Teacher Credentialing shall
29disclose this fact to a school district, county office of education,
30or charter school considering an application for employment from
31the employee, upon inquiry.

32(d) Any school employee who alleges that another school
33employee has engaged in egregious misconduct, as defined in
34paragraph (1) of subdivision (a) of Section 44932, knowing at the
35time of making the allegation that the allegation was false, shall
36be subject to certificate revocation, if applicable.

end insert
37

begin deleteSEC. 10.end delete
38begin insertSEC. 11.end insert  

Section 44940 of the Education Code is amended to
39read:

P12   1

44940.  

(a) For purposes of this section, “charged with a
2mandatory leave of absence offense” is defined to mean charged
3by complaint, information, or indictment filed in a court of
4competent jurisdiction with the commission of any sex offense as
5defined in Section 44010, with a violation or attempted violation
6of Section 187 of the Penal Code, or with the commission of any
7offense involving aiding or abetting the unlawful sale, use, or
8exchange to minors of controlled substances listed in Schedule I,
9II, or III, as contained in Sections 11054, 11055, and 11056 of the
10Health and Safety Code.

11(b) For purposes of this section, “charged with an optional leave
12of absence offense” is defined to mean a charge by complaint,
13information, or indictment filed in a court of competent jurisdiction
14with the commission of any controlled substance offense as defined
15in Section 44011 or 87011, Sections 11357 to 11361, inclusive,
16or Section 11363, 11364, or 11370.1 of the Health and Safety
17Code, insofar as these sections relate to any controlled substances
18except marijuana, mescaline, peyote, or tetrahydrocannabinols.

19(c) For purposes of this section and Section 44940.5, the term
20“school district” includes county offices of education.

21(d) (1) If a certificated employee of a school district is charged
22with a mandatory leave of absence offense, as defined in
23subdivision (a), upon being informed that a charge has been filed,
24the governing board of the school district shall immediately place
25the employee on compulsory leave of absence. The duration of
26the leave of absence shall be until a time not more than 10 days
27after the date of entry of the judgment in the proceedings. No later
28than 10 days after receipt of the complaint, information, or
29indictment described by subdivision (a), the school district shall
30forward a copy to the Commission on Teacher Credentialing.

31(2) Upon receiving a copy of a complaint, information, or
32indictment described in subdivision (a) and forwarded by a school
33district, the Commission on Teacher Credentialing shall
34automatically suspend the employee’s teaching or service
35credential. The duration of the suspension shall be until a time not
36more than 10 days after the date of entry of the judgment in the
37proceedings.

38(e) (1) If a certificated employee of a school district is charged
39with an optional leave of absence offense as defined in subdivision
40(b), the governing board of the school district may immediately
P13   1place the employee upon compulsory leave in accordance with the
2procedure in this section and Section 44940.5. If any certificated
3employee is charged with an offense deemed to fall into both the
4mandatory and the optional leave of absence categories, as defined
5in subdivisions (a) and (b), that offense shall be treated as a
6mandatory leave of absence offense for purposes of this section.
7No later than 10 days after receipt of the complaint, information,
8or indictment described by subdivision (a), the school district shall
9forward a copy to the Commission on Teacher Credentialing.

10(2) Upon receiving a copy of a complaint, information, or
11indictment described in subdivision (a) and forwarded by a school
12district, the Commission on Teacher Credentialing shall
13automatically suspend the employee’s teaching or service
14credential. The duration of the suspension shall be until a time not
15more than 10 days after the date of entry of the judgment in the
16proceedings.

17

begin deleteSEC. 11.end delete
18begin insertSEC. 12.end insert  

Section 44941 of the Education Code is amended to
19read:

20

44941.  

(a) The notice of suspension and intention to dismiss
21shall be in writing and served pursuant to Section 44936. A copy
22of the charges filed, containing the information required by Section
2311503 of the Government Code, together with a copy of the
24provisions of this article, shall be attached to the notice. If the
25employee does not demand a hearing within the 30-day period, he
26or she may be dismissed upon the expiration of 30 days after
27service of the notice.

28(b) An employee who demands a hearing shall file a single
29document containing his or her request for a hearing pursuant to
30this section and a notice of defense pursuant to Sections 11505
31and 11506 of the Government Code.

32

begin deleteSEC. 12.end delete
33begin insertSEC. 13.end insert  

Section 44941.1 is added to the Education Code, to
34read:

35

44941.1.  

Notwithstanding Section 44941, the notice of
36suspension and intention to dismiss that is based exclusively on
37charges of egregious misconduct as described in paragraph (1) of
38subdivision (a) of Section 44932, shall be in writing and served
39pursuant to Section 44936. A copy of the charges filed, containing
40the information required by Section 11503 of the Government
P14   1Code, together with a copy of the provisions of this article, shall
2be attached to the notice. If the employee does not demand a
3hearing within the 30-day period, he or she may be dismissed upon
4the expiration of 30 days after service of the notice.

5

begin deleteSEC. 13.end delete
6begin insertSEC. 14.end insert  

Section 44943 of the Education Code is amended to
7read:

8

44943.  

When any employee who has been served with notice
9pursuant to Section 44934 or 44934.1 of the governing board’s
10intention to dismiss or suspend him or her demands a hearing, the
11governing board shall have the option either (a) to rescind its
12action, or (b) schedule a hearing on the matter.

13

begin deleteSEC. 14.end delete
14begin insertSEC. 15.end insert  

Section 44944 of the Education Code is amended to
15read:

16

44944.  

(a) This section shall apply only to dismissal or
17suspension proceedings initiated pursuant to Section 44934.

18(b) (1) (A) In a dismissal or suspension proceeding initiated
19pursuant to Section 44934, if a hearing is requested by the
20employee, the hearing shall be commenced within six months from
21the date of the employee’s demand for a hearing. A continuance
22shall not extend the date for the commencement of the hearing
23more than six months from the date of the employee’s request for
24a hearing, except for extraordinary circumstances, as determined
25by the administrative law judge. If extraordinary circumstances
26 are found that extend the date for the commencement of the
27hearing, the deadline for concluding the hearing and closing the
28record pursuant to this subdivision shall be extended for a period
29of time equal to the continuance. The hearing date shall be
30 established after consultation with the employee and the governing
31board of the school district, or their representatives, except that if
32the parties are not able to reach an agreement on a date, the Office
33of Administrative Hearings shall unilaterally set a date in
34compliance with this section. The hearing shall be completed by
35a closing of the record within seven months of the date of the
36employee’s demand for a hearing. A continuance shall not extend
37the date for the close of the record more than seven months from
38the date of the employee’s request for a hearing, except for good
39cause, as determined by the administrative law judge.

P15   1(B) Where substantial progress has been made in completing
2the previously scheduled days of the hearing within the
3seven-month period but the hearing cannot be completed, for good
4cause shown, within the seven-month period, the period for
5completing the hearing may be extended by the presiding
6administrative law judge. If the administrative law judge grants a
7continuance under this subparagraph, he or she shall establish a
8reasonable timetable for the completion of the hearing and the
9closing of the record. The hearing shall be initiated and conducted,
10and a decision made, in accordance with Chapter 5 (commencing
11with Section 11500) of Part 1 of Division 3 of Title 2 of the
12Government Code, and the Commission on Professional
13Competence shall have all of the power granted to an agency
14pursuant to that chapter, except as described in this article.

15(2) (A) A witness shall not be permitted to testify at the hearing
16except upon oath or affirmation. No testimony shall be given or
17evidence introduced relating to matters that occurred more than
18four years before the date of the filing of the notice, except
19allegations of an act described in Section 44010 of this code or
20Sections 11165.2 to 11165.6, inclusive, of the Penal Code.

21(B) Evidence of records regularly kept by the governing board
22of the school district concerning the employee may be introduced,
23but no decision relating to the dismissal or suspension of an
24employee shall be made based on charges or evidence of any nature
25relating to matters occurring more than four years before the filing
26of the notice, except allegations of an act described in Section
2744010 of this code or Sections 11165.2 to 11165.6, inclusive, of
28the Penal Code.

29(c) (1) The hearing provided for in this section shall be
30conducted by a Commission on Professional Competence, unless
31the parties submit a statement in writing to the Office of
32Administrative Hearings, indicating that both parties waive the
33right to convene a Commission on Professional Competence and
34stipulate to having the hearing conducted by a single administrative
35law judge. If the parties elect to waive a hearing before the
36Commission on Professional Competence, the hearing shall be
37initiated and conducted, and a decision made, in accordance with
38Chapter 5 (commencing with Section 11500) of Part 1 of Division
393 of Title 2 of the Government Code, and the administrative law
40judge conducting the hearing shall have all the powers granted to
P16   1a Commission on Professional Competence pursuant to that
2chapter, except as described in this article.

3(2) If the parties elect not to waive a hearing before a
4Commission on Professional Competence, one member of the
5commission shall be selected by the employee, one member shall
6be selected by the governing board of the school district, and one
7member shall be an administrative law judge of the Office of
8Administrative Hearings who shall be chairperson and a voting
9member of the commission and shall be responsible for assuring
10that the legal rights of the parties are protected at the hearing.

11(3) The governing board of the school district and the employee
12shall select Commission on Professional Competence members
13no later than 45 days before the date set for hearing, and shall serve
14notice of their selection upon all other parties and upon the Office
15of Administrative Hearings. Failure to meet this deadline shall
16constitute a waiver of the right to selection, and the county board
17of education or its specific designee shall immediately make the
18selection. If the county board of education is also the governing
19board of the school district or has by statute been granted the
20powers of a governing board, the selection shall be made by the
21Superintendent, who shall be reimbursed by the school district for
22all costs incident to the selection.

23(4) Any party who believes that a selected Commission on
24Professional Competence member is not qualified may file an
25objection, including a statement describing the basis for the
26objection, with the Office of Administrative Hearings and serve
27the objection and statement upon all other parties within 10 days
28of the date that the notice of selection is filed. Within seven days
29after the filing of any objection, the administrative law judge
30assigned to the matter shall rule on the objection or convene a
31teleconference with the parties for argument.

32(5) (A) The member selected by the governing board of the
33school district and the member selected by the employee shall not
34be related to the employee and shall not be employees of the school
35district initiating the dismissal or suspension. Each member shall
36hold a currently valid credential and have at least three years’
37experience within the past 10 years in the discipline of the
38employee.

39(B) For purposes of this paragraph, the following terms have
40the following meanings:

P17   1(i) For an employee subject to dismissal whose most recent
2teaching assignment is in kindergarten or any of the grades 1 to 6,
3inclusive, “discipline” means a teaching assignment in kindergarten
4or any of the grades 1 to 6, inclusive.

5(ii) For an employee subject to dismissal whose most recent
6assignment requires an education specialist credential or a services
7credential, “discipline” means an assignment that requires an
8education specialist credential or a services credential, respectively.

9(iii) For an employee subject to dismissal whose most recent
10teaching assignment is in any of the grades 7 to 12, inclusive,
11“discipline” means a teaching assignment in any of grades 7 to 12,
12inclusive, in the same area of study, as that term is used in Section
1351220, as the most recent teaching assignment of the employee
14subject to dismissal.

15(d) (1) The decision of the Commission on Professional
16Competence shall be made by a majority vote, and the commission
17shall prepare a written decision containing findings of fact,
18determinations of issues, and a disposition that shall be, solely,
19one of the following:

20(A) That the employee should be dismissed.

21(B) That the employee should be suspended for a specific period
22of time without pay.

23(C) That the employee should not be dismissed or suspended.

24(2) The decision of the Commission on Professional Competence
25that the employee should not be dismissed or suspended shall not
26be based on nonsubstantive procedural errors committed by the
27school district or governing board of the school district unless the
28errors are prejudicial errors.

29(3) The Commission on Professional Competence shall not have
30the power to dispose of the charge of dismissal by imposing
31probation or other alternative sanctions. The imposition of
32suspension pursuant to subparagraph (B) of paragraph (1) shall be
33available only in a suspension proceeding authorized pursuant to
34subdivision (b) of Section 44932 or Section 44933.

35(4) The decision of the Commission on Professional Competence
36shall be deemed to be the final decision of the governing board of
37the school district.

38(5) The governing board of the school district may adopt from
39time to time rules and procedures not inconsistent with this section
40as may be necessary to effectuate this section.

P18   1(6) The governing board of the school district and the employee
2shall have the right to be represented by counsel.

3(e) (1) If the member selected by the governing board of the
4school district or the member selected by the employee is employed
5by any school district in this state, the member shall, during any
6service on a Commission on Professional Competence, continue
7to receive salary, fringe benefits, accumulated sick leave, and other
8leaves and benefits from the school district in which the member
9is employed, but shall receive no additional compensation or
10honorariums for service on the commission.

11(2) If the member selected is a retired employee, the member
12shall receive pay at the daily substitute teacher rate in the school
13district that is a party to the hearing. Service on a Commission on
14Professional Competence shall not be credited toward retirement
15benefits.

16(3) If service on a Commission on Professional Competence
17occurs during summer recess or vacation periods, the member shall
18receive compensation proportionate to that received during the
19current or immediately preceding contract period from the
20member’s employing school district, whichever amount is greater.

21(f) (1) If the Commission on Professional Competence
22determines that the employee should be dismissed or suspended,
23the governing board of the school district and the state shall share
24equally the expenses of the hearing, including the cost of the
25administrative law judge. The state shall pay any costs incurred
26under paragraphs (2) and (3) of subdivision (e), the reasonable
27expenses, as determined by the administrative law judge, of the
28member selected by the governing board of the school district and
29the member selected by the employee, including, but not limited
30to, payments or obligations incurred for travel, meals, and lodging,
31and the cost of the substitute or substitutes, if any, for the member
32selected by the governing board of the school district and the
33member selected by the employee. The Controller shall pay all
34claims submitted pursuant to this paragraph from the General Fund,
35and may prescribe reasonable rules, regulations, and forms for the
36submission of the claims. The employee and the governing board
37of the school district shall pay their own attorney’s fees.

38(2) If the Commission on Professional Competence determines
39that the employee should not be dismissed or suspended, the
40governing board of the school district shall pay the expenses of
P19   1the hearing, including the cost of the administrative law judge, any
2costs incurred under paragraphs (2) and (3) of subdivision (e), the
3reasonable expenses, as determined by the administrative law
4judge, of the member selected by the governing board of the school
5district and the member selected by the employee, including, but
6not limited to, payments or obligations incurred for travel, meals,
7and lodging, the cost of the substitute or substitutes, if any, for the
8member selected by the governing board of the school district and
9the member selected by the employee, and reasonable attorney’s
10fees incurred by the employee.

11(3) As used in this section, “reasonable expenses” shall not be
12deemed “compensation” within the meaning of subdivision (e).

13(4) If either the governing board of the school district or the
14employee petitions a court of competent jurisdiction for review of
15the decision of the Commission on Professional Competence the
16payment of expenses to members of the commission required by
17this subdivision shall not be stayed.

18(5) If the decision of the Commission on Professional
19Competence is reversed or vacated by a court of competent
20jurisdiction, either the state, having paid the commission members’
21expenses, shall be entitled to reimbursement from the governing
22board of the school district for those expenses, or the governing
23board of the school district, having paid the expenses, shall be
24entitled to reimbursement from the state. If either the governing
25board of the school district or the employee petitions a court of
26competent jurisdiction for review of the decision to overturn the
27administrative law judge’s decision, the payment of the expenses
28of the hearing, including the cost of the administrative law judge
29required by this paragraph, shall be stayed until no further appeal
30is sought, or all appeals are exhausted.

31(g) The hearing provided for in this section shall be conducted
32in a place selected by agreement among the members of the
33Commission on Professional Competence. In the absence of
34agreement, the place shall be selected by the administrative law
35judge.

36

begin deleteSEC. 15.end delete
37begin insertSEC. 16.end insert  

Section 44944.05 is added to the Education Code, to
38read:

39

44944.05.  

(a) In a dismissal or suspension proceeding initiated
40pursuant to Section 44934, in lieu of written discovery required
P20   1pursuant to Section 11507.6 of the Government Code, the parties
2shall make disclosures as described in this section. This section
3shall not apply to dismissal or suspension proceedings initiated
4pursuant to Section 44934.1.

5(b) (1) An initial disclosure shall comply with the following
6requirements:

7(A) A party shall, without awaiting a discovery request, provide
8to the other parties both of the following:

9(i) The name and, if known, the address and telephone number
10of each individual likely to have discoverable information, along
11with the subjects of information relating to the allegations made
12in the charges and the parties’ claims and defenses, unless the use
13would be solely for impeachment purposes.

14(ii) A copy of all documents, electronically stored information,
15and tangible items that the disclosing party has in its possession,
16custody, or control relating to the allegations made in the charges
17and the parties’ claims or defenses, unless the use would be solely
18for impeachment.

19(B) The school district and the employee shall make their initial
20disclosures within 45 days of the date of the employee’s demand
21for a hearing.

22(C) A party shall make its initial disclosures based on the
23information then reasonably available to it. A party is not excused
24from making its disclosures because it has not fully investigated
25the case or because it challenges the sufficiency of another party’s
26disclosures. A party’s failure to make initial disclosures within the
27deadlines set forth in this section shall preclude the party from
28introducing witnesses or evidence not disclosed at the hearing,
29unless the party shows good cause for its failure to timely disclose.

30(D) A party has an obligation to promptly supplement its initial
31disclosures as new information or evidence becomes known or
32available. Supplemental disclosures shall be made as soon as
33possible, and no later than 60 days before the date of
34commencement of the hearing. A party’s failure to make
35supplemental disclosures promptly upon discovery or availability
36of new information or evidence shall preclude the party from
37introducing witnesses or evidence not disclosed at the hearing,
38unless the party shows good cause for its failure to timely disclose.

39(2) The disclosure of expert testimony shall comply with the
40following requirements:

P21   1(A) A party shall also disclose to the other parties the identities
2of any expert witnesses whose testimony it may use at the hearing.

3(B) The disclosure specified in subparagraph (A) shall be
4accompanied by a summary of the witness’ expected testimony,
5including a description of the facts and data considered by the
6witness; a description of the witness’ qualifications, including a
7list of all publications authored in the previous 10 years; a list of
8all other cases in which, during the previous four years, the witness
9testified as an expert at a hearing or by deposition; and a statement
10of the compensation to be paid to the expert witness.

11(C) Expert witness disclosures shall be made no later than 60
12days before the date of commencement of the hearing. A party’s
13failure to make full and timely expert witness disclosures shall
14preclude the party’s use of the expert witness’ testimony or
15evidence at the hearing.

16(3) Prehearing disclosures shall comply with the following
17requirements:

18(A) In addition to the disclosures required in paragraphs (1) and
19(2), a party shall provide to the other parties the following
20information about the evidence that it may present at the hearing:

21(i) The name,begin delete andend deletebegin insert and,end insert if not previously provided, the address
22and telephone number of each witness, separately identifying those
23the party expects to present and those it may call if the need arises.

24(ii) An identification of each exhibit, separately identifying
25those items the party expects to offer and those it may offer if the
26need arises.

27(B) Prehearing disclosures shall be made at least 30 days before
28the hearing.

29(i) Within 14 days after prehearing disclosures are made, a party
30shall file and serve any objections, along with the grounds for each
31objection, to the admissibility of evidence.

32(ii) These objections shall be decided on the first day of hearing,
33or at a prehearing conference conducted pursuant to Section
3411511.5 of the Government Code. Documents and individuals not
35timely disclosed without good cause shall be precluded from
36admission at the hearing.

37(c) In addition to the disclosures required by subdivision (a),
38the parties may obtain discovery by oral deposition in California,
39in accordance with Sections 2025.010 to 2025.620, inclusive, of
40the Code of Civil Procedure, except as described in this article.
P22   1The school district may take the depositions of the employee and
2no more than four other witnesses, and the employee may take
3depositions of no more than five witnesses. Each witness deposition
4is limited to seven hours. An administrative law judge may allow
5the parties to conduct additional depositions only upon a showing
6of good cause. If a motion to conduct additional depositions is
7granted by the administrative law judge, the employee shall be
8given a meaningful opportunity to respond to new evidence
9introduced as a result of the additional depositions. An order
10granting a motion for additional depositions shall not constitute
11an extraordinary circumstance or good cause for purposes of
12extending the deadlines set forth in paragraph (1) of subdivision
13(b) of Section 44944.

14(d) If the right to disclosures or oral depositions is denied by
15either the employee or the governing board, the exclusive right of
16a party seeking an order compelling production of discovery shall
17be pursuant to Section 11507.7 of the Government Code. If a party
18seeks protection from unreasonable or oppressive discovery
19demands, the exclusive right of a party seeking an order for
20protection shall be pursuant to Section 11450.30 of the Government
21Code.

22

begin deleteSEC. 16.end delete
23begin insertSEC. 17.end insert  

Section 44944.1 of the Education Code is repealed.

24

begin deleteSEC. 17.end delete
25begin insertSEC. 18.end insert  

Section 44944.1 is added to the Education Code, to
26read:

27

44944.1.  

(a) This section shall apply only to dismissal or
28suspension proceedings initiated pursuant to Section 44934.1.

29(b) Once the governing board of the school district has initiated
30dismissal or suspension proceedings pursuant to Section 44934.1,
31the process described in this section shall be the exclusive means
32of pursuing a dismissal or suspension for the acts or events
33constituting the charge of egregious misconduct, and these specific
34acts or events shall not be used to support any additional or
35subsequent notice of suspension or dismissal pursuant to Section
3644934. Once the governing board of the school district has initiated
37dismissal or suspension proceedings pursuant to Section 44934.1,
38the process described in this section shall be the exclusive means
39of pursuing a dismissal or suspension against the certificated
40employee until a written decision has been reached by the
P23   1administrative lawbegin delete judge,end deletebegin insert judgeend insert pursuant to paragraph (1) of
2subdivisionbegin delete (e).end deletebegin insert (e), the charges have been dismissed, or the
3dismissal or suspension proceeding has been settled or otherwise
4resolved.end insert
If a suspension initiated against an employee pursuant
5to Section 44934.1 is upheld, and a dismissal was not pursued on
6the same charges, the entry of judgment of the suspension under
7Section 44934.1 may be considered as evidence to support a
8subsequent notice of dismissal based on other charges. If a
9suspension initiated against an employee pursuant to Section
1044934.1 is upheld, but the employee prevailed on the dismissal
11proceeding based on the same charges, the entry of judgment of
12the suspension under Section 44934.1 shall not be considered as
13evidence to support a subsequent notice of dismissal based on
14other charges.

15(c) The hearing provided for in this section shall be initiated
16and conducted, and a decision made, in accordance with Chapter
175 (commencing with Section 11500) of Part 1 of Division 3 of
18Title 2 of the Government Code, by an administrative law judge.
19The administrative law judge conducting the hearing shall have
20all the powers granted to an agency pursuant to that chapter.

21(d) (1) (A) In a dismissal or suspension proceeding initiated
22pursuant to Section 44934.1, if a hearing is requested by the
23employee, the hearing shall be commenced within 60 days from
24the date of the employee’s demand for a hearing. The hearing date
25shall be established after consultation with the employee and the
26governing board, or their representatives, except that, if the parties
27are not able to reach agreement on a date, the Office of
28Administrative Hearings shall unilaterally set a date in compliance
29with this section. The Office of Administrative Hearings shall
30prioritize the scheduling of dismissal or suspension proceedings
31initiated pursuant to Section 44934.1 over other proceedings related
32to certificated school employees.

33(B) The right of discovery of the parties shall not be limited to
34those matters set forth in Section 11507.6 of the Government Code
35but shall include the rights and duties of any party in a civil action
36brought in a superior court under Title 4 (commencing with Section
372016.010) of Part 4 of the Code of Civil Procedure.
38Notwithstanding any provision to the contrary, and except for the
39taking of oral depositions, no discovery shall occur later than 30
40calendar days after the employee is served with a copy of the
P24   1accusation pursuant to Section 11505 of the Government Code.
2In all cases, discovery shall be completed prior to seven calendar
3days before the date upon which the hearing commences. If any
4continuance is granted pursuant to Section 11524 of the
5Government Code, the time limitation for commencement of the
6hearing as provided in this subdivision shall be extended for a
7period of time equal to the continuance. The continuance or
8continuances granted pursuant to Section 11524 of the Government
9Code, if any, shall not extend by more than a total of 30 days the
10deadline set forth in paragraph (1) of subdivision (d). The extension
11shall not include that period of time attributable to an unlawful
12refusal by either party to allow the discovery provided for in this
13section.

14(2) If the right of discovery granted under paragraph (1) is
15denied by either the employee or the governing board, the exclusive
16right of a party seeking an order compelling production of
17discovery shall be pursuant to Section 11507.7 of the Government
18Code. If a party seeks protection from unreasonable or oppressive
19discovery demands, the exclusive right of a party seeking an order
20for protection shall be pursuant to Section 11450.30 of the
21Government Code.

22(3) A witness shall not be permitted to testify at the hearing
23except upon oath or affirmation. No testimony shall be given or
24evidence introduced relating to matters that occurred more than
25four years before the date of the filing of the notice, except
26evidence of egregious misconduct, as described in paragraph (1)
27of subdivision (a) of Section 44932, which shall not be excluded
28based on the passage of time.

29(4) Evidence of records regularly kept by the governing board
30of the school district concerning the employee may be introduced,
31but no decision relating to the dismissal or suspension of an
32employee shall be made based on charges or evidence of any nature
33relating to matters occurring more than four years before the filing
34of the notice, except evidence of egregious misconduct, as
35described in paragraph (1) of subdivision (a) of Section 44932,
36which shall not be excluded based on the passage of time.

37(e) (1) The administrative law judge shall prepare a written
38decision containing findings of fact, determinations of issues, and
39a disposition that shall be, solely, one of the following:

40(A) That the employee should be dismissed.

P25   1(B) That the employee should be suspended for a specific period
2of time without pay.

3(C) That the employee should not be dismissed or suspended.

4(2) The decision of the administrative law judge that the
5employee should not be dismissed or suspended shall not be based
6on nonsubstantive procedural errors committed by the school
7district orbegin insert theend insert governing boardbegin insert of the school districtend insert unless the
8errors are prejudicial errors.

9(3) The administrative law judge shall not have the power to
10dispose of the charge of dismissal by imposing probation or other
11alternative sanctions. The imposition of suspension pursuant to
12subparagraph (B) of paragraph (1) shall be available only in a
13suspension proceeding authorized pursuant to subdivision (b) of
14Section 44932 or Section 44933.

15(4) The decision of the administrative law judge shall be deemed
16to be the final decision of the governingbegin delete board.end deletebegin insert board of the school
17district.end insert

18(5) Thebegin insert stateend insert board may adopt from time to time rules and
19procedures not inconsistent with this section as may be necessary
20to effectuate this section.

21(6) The governing boardbegin insert of the school districtend insert and the employee
22shall have the right to be represented by counsel.

23(f) (1) If the administrative law judge determines that the
24employee should be dismissed or suspended, the governing board
25begin insert of the school end insertbegin insertdistrict end insertand the state shall share equally the expenses
26of the hearing, including the cost of the administrative law judge.
27The Controller shall pay all claims submitted pursuant to this
28paragraph from the General Fund, and may prescribe reasonable
29rules, regulations, and forms for the submission of the claims. The
30employee and the governing boardbegin insert of the school districtend insert shall pay
31their own attorney’s fees.

32(2) If the administrative law judge determines that the employee
33should not be dismissed or suspended, the governing boardbegin insert of the
34school districtend insert
shall pay the expenses of the hearing, including the
35cost of the administrative law judge, and reasonable attorney’s
36fees incurred by the employee.

37(3) If either the governing board of the school district or the
38employee petitions a court of competent jurisdiction for review of
39the decision of the administrative law judge, the payment of the
P26   1expenses of the hearing, including the cost of the administrative
2law judge required by this subdivision, shall not be stayed.

3(4) If either the governing board of the school district or the
4employee petitions a court of competent jurisdiction for review of
5the decision of the administrative law judge and the decision is
6upheld, the appellee shall be entitled to an award of reasonable
7attorney’s fees and costs expended on the appeal.

8(5) If the decision of the administrative law judge is reversed
9or vacated by a court of competent jurisdiction, either the state,
10having paid one-half of the expenses of the hearing, including the
11cost of the administrative law judge, shall be entitled to
12reimbursement from the governing boardbegin insert of the school districtend insert for
13those expenses, or the governing board of the school district, having
14paid one-half of the expenses, shall be entitled to reimbursement
15from the state. If either the governing board of the school district
16or the employee petitions a court of competent jurisdiction for
17review of the decision to overturn the administrative law judge’s
18decision, the payment of the expenses of the hearing, including
19the cost of the administrative law judge required by thisbegin delete paragraphend delete
20begin insert paragraph,end insert shall be stayed until no further appeal is sought, or all
21appeals are exhausted.

22(g) The hearing provided for in this section shall be conducted
23in a place selected in accordance with Section 11508 of the
24Government Code.

25

begin deleteSEC. 18.end delete
26begin insertSEC. 19.end insert  

Section 44944.3 is added to the Education Code, to
27read:

28

44944.3.  

At a hearing conducted pursuant to Section 44944 or
2944944.1, the administrative law judge, before admitting any
30testimony or evidence concerning an individual pupil, shall
31determine whether the introduction of the testimony or evidence
32at an open hearing would violate any provision of Article 5
33(commencing with Section 49073) of Chapter 6.5 of Part 27 of
34Division 4, relating to privacy of pupil records. If the administrative
35law judge, in his or her discretion, determines that any of those
36provisions would be violated, he or she shall order that the hearing,
37or any portion thereof at which the testimony or evidence would
38be produced, be conducted in executive session.

P27   1

begin deleteSEC. 19.end delete
2begin insertSEC. 20.end insert  

Section 44945 of the Education Code is amended to
3read:

4

44945.  

The decision reached in a dismissal or suspension
5proceeding initiated pursuant to Section 44934 or 44934.1 may,
6on petition of either the governing board or the employee, be
7reviewed by a court of competent jurisdiction in the same manner
8as a decision made by a hearing officer under Chapter 5
9(commencing with Section 11500) of Part 1 of Division 3 of Title
102 of the Government Code. The court, on review, shall exercise
11its independent judgment on the evidence. The proceeding shall
12be set for hearing at the earliest possible date and shall take
13precedence over all other cases, except older matters of the same
14character and matters to which special precedence is given by law.

15

begin deleteSEC. 20.end delete
16begin insertSEC. 21.end insert  

If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.



O

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