BILL NUMBER: AB 375	INTRODUCED
	BILL TEXT


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)  No   A  permanent employee
shall  not  be dismissed except for one or more of the
following causes:
   (1) Immoral  or unprofessional  conduct. 
   (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. 
   (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) 
    (11)  Knowing membership by the employee in the
Communist Party. 
   (11) 
    (12)  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, 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.