California Legislature—2013–14 Regular Session

Assembly Bill No. 375

Introduced by Assembly Member Buchanan

February 14, 2013

An act to amend Section 44932 of the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 375, as introduced, Buchanan. School employees: dismissal or suspension.

Existing law prohibits a permanent employee from being dismissed except for one or more of specified causes, including, among other causes, immoral or unprofessional conduct.

This bill would make nonsubstantive changes to this provision.

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

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

SECTION 1.  

Section 44932 of the Education Code is amended
to read:

44932.  

(a)  begin delete No end delete begin insert A end insert permanent employee shall begin insert not end insert be dismissed
except for one or more of the following causes:

(1) Immoral begin delete or unprofessional end delete conduct.

begin insert

(2) Unprofessional conduct.

end insert begin delete

(2)

end delete

begin insert (3) end insert  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.

begin delete

(3)

end delete

begin insert (4) end insert  Dishonesty.

begin delete

(4)

end delete

begin insert (5) end insert   Unsatisfactory performance.

begin delete

(5)

end delete

begin insert (6) end insert  Evident unfitness for service.

begin delete

(6)

end delete

begin insert (7) end insert  Physical or mental condition unfitting him or her to instruct
or associate with children.

begin delete

(7)

end delete

begin insert (8) end insert  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 begin delete State Board of Education end delete begin insert state board end insert
or by the governing board of the school district employing him or
her.

begin delete

(8)

end delete

begin insert (9) end insert  Conviction of a felony or of any crime involving moral
turpitude.

begin delete

(9)

end delete

begin insert (10) end insert  Violation of Section 51530 or conduct specified in Section
1028 of the Government Code, added by Chapter 1418 of the
Statutes of 1947.

begin delete

(10)

end delete

begin insert (11) end insert  Knowing membership by the employee in the Communist
Party.

begin delete

(11)

end delete

begin insert (12) end insert  Alcoholism or other drug abuse begin delete which end delete begin insert that end insert makes the
employee unfit to instruct or associate with children.

(b) The governing board of a school district may suspend
without pay for a specific period of time on grounds of
unprofessional conduct a permanent certificated employee or, in
a school district with an average daily attendance of less than 250
pupils, a probationary employee, pursuant to the procedures
specified in Sections 44933, 44934, 44935, 44936, 44937, 44943,
and 44944. This authorization shall not apply to begin delete any end delete begin insert a end insert school
district begin delete which end delete begin insert that end insert has adopted a collective bargaining agreement
pursuant to subdivision (b) of Section 3543.2 of the Government
Code.