Amended in Assembly May 6, 2013

Amended in Assembly April 15, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 375

Introduced by Assembly Member Buchanan

(Principal coauthor: Senator Padilla)

(Coauthor: Assembly Member Muratsuchi)

February 14, 2013

An act to amend Sections 44932, 44934, 44936, 44939, 44940, 44941, and 44944 of, and to add Section 44944.2 to, the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

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

(1) 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. 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, for unprofessional conduct or unsatisfactory performance, at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing.

This bill would require that a governing board’s notice to an employee of its intention to dismiss or suspend the employee, together with written charges filed or formulated pursuant to those procedures, be sufficient to initiate a hearing, as prescribed, and would prohibit the governing board from being required to file or serve a separate accusation. The bill would revise various procedures for providing notice of dismissal or suspension and would authorize a notice of dismissal or suspension to be given at any time of year, except a notice for a proceeding involving only charges of unsatisfactory performance, which would only be given during the instructional year of the schoolsite where the employee is physically employed. begin delete The bill would require that, once a demand has been made for a hearing, the school district immediately notify the Office of Administrative Hearings. end delete The bill would impose various requirements for the filing of a demand for a hearing and the conduct of hearings by the Office of Administrative Hearings. The bill would delete obsolete provisions relating to the suspension of a permanent employee based on knowing membership by the employee in the Communist Party.

(2) 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.

(3) Existing law requires in a dismissal or suspension proceeding against a permanent employee for unprofessional conduct or unsatisfactory performance, 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 begin insert by a closing of the record end insert within 7 months from the date of the employee’s demand for a hearing. begin insert The bill would require that, if the record cannot be closed within that timeframe, the charges be dismissed without prejudice to the governing board of the school district to refile, as specified. end insert The bill would revise various procedures for the conduct of those hearings, as prescribed. 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.

(4) 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:

SECTION 1.  

The Legislature finds and declares the following:

(a) Pupils, educators, administrators, school boards, begin insert and end insert school
district employees, begin delete and judges end delete need a teacher dismissal process
that is both fair and efficient.

(b) This act is intended to revise existing statutes in a manner
that will begin delete continue current practices, but reduce end delete begin insert update and
streamline the procedures for teacher discipline and dismissal,
making it more cost effective and reducing end insert the time necessary to
complete the teacher dismissal process.

SEC. 2.  

Section 44932 of the Education Code is amended to
read:

44932.  

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

(1) Immoral conduct.

(2) Unprofessional conduct.

(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.

(4) Dishonesty.

(5)  Unsatisfactory performance.

(6) Evident unfitness for service.

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

(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 or by the governing board
of the school district employing him or her.

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

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

(11) Alcoholism or other drug abuse 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 a school district
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.  

(a) 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 Section 44932 or 44933, 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.
Suspension proceedings may be initiated pursuant to this section
only if the governing board has not adopted a collective bargaining
agreement pursuant to subdivision (b) of Section 3543.2 of the
Government Code.

(b) 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
will be able to prepare his or her defense. It shall, where applicable,
state the statutes and rules that the teacher is alleged to have
violated, begin delete but end delete begin insert and end insert it shall also set forth the facts relevant to each
occasion of alleged unprofessional conduct or unsatisfactory
performance.

(c) If the governing board has given notice to a permanent
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 only upon motion before an
administrative law judge of the Office of Administrative Hearings.
The amendment of charges begin delete shall be substantially related to the
original charge and end delete shall not result in any prejudice to the
responding party. No motion to amend shall be granted less than
90 days before the hearing on the charges begin insert if it would extend the
close of the record beyond the seven-month deadline pursuant to
paragraph (1) of subdivision (a) of Section 44944 end insert .

(d) A governing board’s notice 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 shall not be required to file or serve a
separate accusation.

(e) 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. 4.  

Section 44936 of the Education Code is amended to
read:

44936.  

(a) The notice of dismissal or suspension in a
proceeding initiated pursuant to Section 44934 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.

(c) The notice of dismissal or suspension shall be in writing and
be served upon the employee personally 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.

SEC. 5.  

Section 44939 of the Education Code is amended to
read:

44939.  

(a) 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 immoral conduct, conviction of a felony or of any
crime involving moral turpitude, with incompetency due to mental
disability, or with willful refusal to perform regular assignments
without reasonable cause, as prescribed by reasonable rules and
regulations of the employing school district, the governing board
may, if it deems 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,
he or she will be dismissed, unless he or she demands a hearing.

(b) (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 and
filed within 30 days after service upon the employee of the initial
pleading in the matter. The governing board 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,
based upon the full evidentiary record before it, of the validity of
the grounds for dismissal. begin insert The ruling shall not be considered by
the commission end insert begin insert in determining the validity of the grounds for
dismissal, and end insert begin insert shall not end insert begin insert have any bearing on the commission’s
determination regarding the grounds for dismissal. end insert

(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 of
service of an order granting the motion.

(6) A motion made pursuant to begin delete the end delete this section shall be the
exclusive means of obtaining interlocutory review of suspension
pending dismissal. begin insert The grant or denial of the motion end insert begin insert shall not be
subject to interlocutory judicial review. end insert

SEC. 6.  

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, 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 Sections 11054, 11055, and 11056 of the
Health and Safety 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, 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.

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

(d) (1) 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) 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. 7.  

Section 44941 of the Education Code is amended to
read:

44941.  

(a) The notice of suspension and intention to dismiss,
shall be in writing and be served upon the employee personally or
by United States registered mail addressed to the employee 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. 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 begin delete has demanded a hearing pursuant to this
section shall be deemed to have fulfilled the conditions for
requesting a hearing under this article and under Sections 11505
and 11506 of the Government Code, and shall not have waived
any right for failure to file any other or subsequent notice of
defense or request for hearing. end delete begin insert 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. end insert

SEC. 8.  

Section 44944 of the Education Code is amended to
read:

44944.  

(a) (1) 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 six months from
the date of the employee’s demand for a hearing, and the hearing
shall be completed begin insert by a closing of the record end insert within seven months
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. The hearing date
may be continued in accordance with Sections 11505 and 11524
of the Government Code, except that no continuance shall extend
the date for begin delete completion of the hearing end delete begin insert the close of the record end insert more
than seven months from the date of the begin delete employees end delete begin insert employee’s end insert
request for a hearing, except for begin delete good cause end delete begin insert extraordinary
circumstances end insert , as determined by the administrative law judge. 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
Commission of Professional Competence shall have all of the
power granted to an agency pursuant to that chapter, except as
described in this article.

begin insert

(2) If the record cannot be closed within the timeframe
established by paragraph (1), the charges shall be dismissed
without prejudice to the governing board to refile within 30 days
a notice of dismissal on the same charges.

end insert begin delete

(2)

end delete

begin insert (3) end insert  (A) 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 before the date of the filing of the notice, except as
provided in subparagraph (B). Evidence of records regularly kept
by the governing board concerning the employee may be
introduced, but no decision relating to the dismissal or suspension
of any 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 as provided in subparagraph (B).

(B) Testimony and evidence relating to matters that occurred
more than four years before the date of the filing of the notice
pursuant to Section 44934 may not be considered, received as
evidence, or relied upon, except as deemed relevant by the
administrative law judge to charges that involve any act as
described in Section 44010 of this code, and Sections 11165.2 to
11165.6, inclusive, of the Penal Code.

(b) (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.

(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, 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.

(3) The governing board and the employee shall select
commission 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. 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 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.

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

(c) (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 unless the errors are prejudicial
errors.

(3) The commission 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.

(5) The governing 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.

(d) (1) If the member selected by the governing board 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 district in which the member is employed,
but shall receive no additional compensation or honorariums for
service on the commission.

begin insert

(2) If the member selected is a retired employee, the member
shall receive pay at a reasonable hourly rate not to exceed the
average hourly rate of a substitute employee in the same discipline.
Service on a commission shall not be credited toward retirement
benefits.

end insert begin delete

(2)

end delete

begin insert (3) end insert  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 district, whichever amount is greater.

(e) (1) If the Commission on Professional Competence
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 state shall pay any costs incurred under begin delete paragraph end delete begin insert paragraphs end insert
(2) begin insert and (3) end insert of subdivision (d), the reasonable expenses, as
determined by the administrative law judge, of the member selected
by the governing board 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
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 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 shall pay the expenses of the hearing, including
the cost of the administrative law judge, any costs incurred under
begin delete paragraph end delete begin insert paragraphs end insert (2) begin insert and (3) end insert of subdivision (d), the reasonable
expenses, as determined by the administrative law judge, of the
member selected by the governing board 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 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).

(4) If either the governing board or the employee petitions a
court of competent jurisdiction for review of the decision of the
commission, the payment of expenses to members of the
commission required by this subdivision shall not be stayed.

(5) If the decision of the commission 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 for those expenses, or
the governing board, having paid the expenses, shall be entitled
to reimbursement from the state.

(f) The hearing provided for in this section shall be conducted
in a place selected by agreement among the members of the
commission. In the absence of agreement, the place shall be
selected by the administrative law judge.

SEC. 9.  

Section 44944.2 is added to the Education Code, to
read:

44944.2.  

(a) In a dismissal or suspension proceeding under
Section 44944, 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.

(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 that information, that the disclosing party may
use to support its claims or 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 and may use to support its claims or defenses,
unless the use would be solely for impeachment.

(B) The school district begin insert and the employee end insert shall make begin delete its end delete begin insert their end insert
initial disclosures within begin delete 30 end delete begin insert 45 end insert days of the date of begin delete service of the
notice of intention to dismiss or suspend. The employee shall make
his or her initial disclosures within 30 days of the date of service
of the school district’s initial disclosures. end delete begin insert the employee’s demand
for a hearing. end insert

(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’s 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 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.

(b) 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.

(c) 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. 10.  

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.