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 within 7 months from the date of the employee’s demand for a hearing. 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:
The Legislature finds and declares the following:
2(a) Pupils, educators, administrators, school boards, school
begin delete and judgesend delete need a teacher dismissal process
4that is both fair and efficient.
5(b) This act is intended to revise existing statutes in a manner
begin delete continue current practices, but reduceend delete the time necessary to
9complete the teacher dismissal process.
Section 44932 of the Education Code is amended to
(a) A permanent employee shall not be dismissed
13except for one or more of the following causes:
14(1) Immoral conduct.
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 thereof.
20(5) Unsatisfactory performance.
21(6) Evident unfitness for service.
P4 1(7) Physical or mental condition unfitting him or her to instruct
2or associate with children.
3(8) Persistent violation of or refusal to obey the school laws of
4the state or reasonable regulations prescribed for the government
5of the public schools by the state board or by the governing board
6of the school district employing him or her.
7(9) Conviction of a felony or of any crime involving moral
9(10) Violation of Section 51530 or conduct specified in Section
101028 of the Government Code, added by Chapter 1418 of the
11Statutes of 1947.
12(11) Alcoholism or other drug abuse that makes the employee
13unfit to instruct or associate with children.
14(b) The governing board of a school district may suspend
15without pay for a specific period of time on grounds of
16unprofessional conduct a permanent certificated employee or, in
17a school district with an average daily attendance of less than 250
18pupils, a probationary employee, pursuant to the procedures
19specified in Sections 44933, 44934, 44935, 44936, 44937, 44943,
20and 44944. This authorization shall not apply to a school district
21that has adopted a collective bargaining agreement pursuant to
22subdivision (b) of Section 3543.2 of the Government Code.
Section 44934 of the Education Code is amended to
(a) Upon the filing of written charges, duly signed and
26verified by the person filing them, with the governing board of the
27school district, or upon a written statement of charges formulated
28by the governing board, charging that there exists cause, as
29specified in Section 44932 or 44933, for the dismissal or
30suspension of a permanent employee of the district, the governing
31board may, upon majority vote, except as provided in this article
32if it deems the action necessary, give notice to the permanent
33employee of its intention to dismiss or suspend him or her at the
34 expiration of 30 days from the date of service of the notice, unless
35the employee demands a hearing as provided in this article.
36Suspension proceedings may be initiated pursuant to this section
37only if the governing board has not adopted a collective bargaining
38agreement pursuant to subdivision (b) of Section 3543.2 of the
P5 1(b) Any written statement of charges of unprofessional conduct
2or unsatisfactory performance shall specify instances of behavior
3and the acts or omissions constituting the charge so that the teacher
4will be able to prepare his or her defense. It shall, where applicable,
5state the statutes and rules that the teacher is alleged to have
begin delete butend delete it shall also set forth the facts relevant to each
7occasion of alleged unprofessional conduct or unsatisfactory
9(c) If the governing board has given notice to a permanent
10employee of its intention to dismiss or suspend him or her, based
11upon written charges filed or formulated pursuant to this section,
12the charges may be amended only upon motion before an
13administrative law judge of the Office of Administrative Hearings.
14The amendment of charges
begin delete shall be substantially related to the shall not result in any prejudice to the
15original charge andend delete
16responding party. No motion to amend shall be granted less than
1790 days before the hearing on the charges.
20(d) A governing board’s notice to an employee of its intention
21to dismiss or suspend him or her, together with written charges
22filed or formulated pursuant to this section, shall be sufficient to
23initiate a hearing under Section 11503 of the Government Code,
24and the governing board shall not be required to file or serve a
26(e) This section shall also apply to the suspension of
27probationary employees in a school district with an average daily
28attendance of less than 250 pupils that has not adopted a collective
29bargaining agreement pursuant to subdivision (b) of Section 3542.2
30of the Government Code.
Section 44936 of the Education Code is amended to
(a) The notice of dismissal or suspension in a
34proceeding initiated pursuant to Section 44934 may be given at
35any time of year.
36(b) Notwithstanding subdivision (a), the notice of dismissal or
37suspension in a proceeding involving only charges of unsatisfactory
38performance initiated pursuant to Section 44934 shall only be
39given during the instructional year of the schoolsite where the
40employee is physically employed.
P6 1(c) The notice of dismissal or suspension shall be in writing and
2be served upon the employee personally at his or her last known
3address. A copy of the charges filed, containing the information
4required by Section 11503 of the Government Code, together with
5a copy of the provisions of this article, shall be attached to the
Section 44939 of the Education Code is amended to
(a) Upon the filing of written charges, duly signed and
10verified by the person filing them with the governing board of a
11school district, or upon a written statement of charges formulated
12by the governing board, charging a permanent employee of the
13district with immoral conduct, conviction of a felony or of any
14crime involving moral turpitude, with incompetency due to mental
15disability, or with willful refusal to perform regular assignments
16without reasonable cause, as prescribed by reasonable rules and
17regulations of the employing school district, the governing board
18may, if it deems that action necessary, immediately suspend the
19employee from his or her duties and give notice to him or her of
20his or her suspension, and that 30 days after service of the notice,
21he or she will be dismissed, unless he or she demands a hearing.
22(b) (1) An employee who has been placed on suspension
23pursuant to this section may serve and file with the Office of
24Administrative Hearings a motion for immediate reversal of
25suspension. Review of a motion filed pursuant to this section shall
26be limited to a determination as to whether the facts as alleged in
27the statement of charges, if true, are sufficient to constitute a basis
28for immediate suspension under this section. The motion shall
29include a memorandum of points and authorities setting forth law
30and argument supporting the employee’s contention that the
31statement of charges does not set forth a sufficient basis for
33(2) The motion shall be served upon the governing board and
34filed within 30 days after service upon the employee of the initial
35pleading in the matter. The governing board shall have the right
36to serve and file a written response to the motion before or at the
37time of hearing.
38(3) The hearing on the motion for immediate reversal of
39suspension shall be held no later than 30 days after the motion is
40filed with the Office of Administrative Hearings.
P7 1(4) The administrative law judge shall, no later than 15 days
2after the hearing, issue an order denying or granting the motion.
3The order shall be in writing, and a copy of the order shall be
4served by the Office of Administrative Hearings upon the parties.
5The grant or denial of the motion shall be without prejudice to
6 consideration by the Commission on Professional Competence,
7based upon the full evidentiary record before it, of the validity of
8the grounds for dismissal.
12(5) An order granting a motion for immediate reversal of
13suspension shall become effective within five days of service of
14the order. The school district shall make the employee whole for
15any lost wages, benefits, and compensation within 14 days of
16service of an order granting the motion.
17(6) A motion made pursuant to
begin delete theend delete this section shall be the
18exclusive means of obtaining interlocutory review of suspension
Section 44940 of the Education Code is amended to
(a) For purposes of this section, “charged with a
24mandatory leave of absence offense” is defined to mean charged
25by complaint, information, or indictment filed in a court of
26competent jurisdiction with the commission of any sex offense as
27defined in Section 44010, with a violation or attempted violation
28of Section 187 of the Penal Code, or with the commission of any
29offense involving aiding or abetting the unlawful sale, use, or
30exchange to minors of controlled substances listed in Schedule I,
31II, or III, as contained in Sections 11054, 11055, and 11056 of the
32Health and Safety Code.
33(b) For purposes of this section, “charged with an optional
34 of absence offense” is defined to mean a charge by complaint,
35information, or indictment filed in a court of competent jurisdiction
36with the commission of any controlled substance offense as defined
37in Section 44011 or 87011, Sections 11357 to 11361, inclusive,
38or Section 11363, 11364, or 11370.1 of the Health and Safety
39Code, insofar as these sections relate to any controlled substances.
P8 1(c) For purposes of this section and Section 44940.5, the term
2“school district” includes county offices of education.
3(d) (1) If a certificated employee of a school district is charged
4with a mandatory leave of absence offense, as defined in
5subdivision (a), upon being informed that a charge has been filed,
6the governing board of the school district shall immediately place
7the employee on compulsory leave of absence. The duration of
8the leave of absence shall be until a time not more than 10 days
9after the date of entry of the judgment in the proceedings. No later
10than 10 days after receipt of the complaint, information, or
11indictment described by subdivision (a), the school district shall
12forward a copy to the Commission on Teacher Credentialing.
13(2) Upon receiving a copy of a complaint, information, or
14indictment described in subdivision (a) and forwarded by a school
15district, the Commission on Teacher Credentialing shall
16automatically suspend the employee’s teaching or service
17credential. The duration of the suspension shall be until a time not
18more than 10 days after the date of entry of the judgment in the
20(e) (1) If a certificated employee of a school district is charged
21with an optional leave of absence offense as defined in subdivision
22(b), the governing board of the school district may immediately
23place the employee upon compulsory leave in accordance with the
24procedure in this section and Section 44940.5. If any certificated
25employee is charged with an offense deemed to fall into both the
26mandatory and the optional leave of absence categories, as defined
27in subdivisions (a) and (b), that offense shall be treated as a
28mandatory leave of absence offense for purposes of this section.
29No later than 10 days after receipt of the complaint, information,
30or indictment described by subdivision (a), the school district shall
31forward a copy to the Commission on Teacher Credentialing.
32(2) Upon receiving a copy of a complaint, information, or
33indictment described in subdivision (a) and forwarded by a school
34district, the Commission on Teacher Credentialing shall
35automatically suspend the employee’s teaching or service
36credential. The duration of the suspension shall be until a time not
37more than 10 days after the date of entry of the judgment in the
Section 44941 of the Education Code is amended to
(a) The notice of suspension and intention to dismiss,
2shall be in writing and be served upon the employee personally or
3by United States registered mail addressed to the employee at his
4or her last known address. A copy of the charges filed, containing
5the information required by Section 11503 of the Government
6Code, together with a copy of the provisions of this article, shall
7be attached to the notice. If the employee does not demand a
8hearing within the 30-day period, he or she may be dismissed upon
9the expiration of 30 days after service of the notice.
10(b) An employee who
begin delete has demanded a hearing pursuant to this
11section shall be deemed to have fulfilled the conditions for
12requesting a hearing under this article and under Sections 11505
13and 11506 of the Government Code, and shall not have waived
14any right for failure to file any other or subsequent notice of
15defense or request for hearing.end delete
Section 44944 of the Education Code is amended to
(a) (1) In a dismissal or suspension proceeding initiated
22pursuant to Section 44934, if a hearing is requested by the
23employee, the hearing shall be commenced within six months from
24the date of the employee’s demand for a hearing, and the hearing
25shall be completed within seven months
26from the date of the employee’s demand for a hearing. The hearing
27date shall be established after consultation with the employee and
28the governing board, or their representatives. The hearing date
29may be continued in accordance with Sections 11505 and 11524
30of the Government Code, except that no continuance shall extend
31the date for
begin delete completion of the hearingend delete more
32than seven months from the date of the
begin delete employeesend delete
33 request for a hearing, except for
begin delete good causeend delete, as determined by the administrative law judge. The
35hearing shall be initiated and conducted, and a decision made, in
36accordance with Chapter 5 (commencing with Section 11500) of
37Part 1 of Division 3 of Title 2 of the Government Code, and the
38Commission of Professional Competence shall have all of the
39power granted to an agency pursuant to that chapter, except as
40described in this article.
6 (A) No witness shall be permitted to testify at the hearing
7except upon oath or affirmation. No testimony shall be given or
8evidence introduced relating to matters that occurred more than
9four years before the date of the filing of the notice, except as
10provided in subparagraph (B). Evidence of records regularly kept
11by the governing board concerning the employee may be
12introduced, but no decision relating to the dismissal or suspension
13of any employee shall be made based on charges or evidence of
14any nature relating to matters occurring more than four years before
15the filing of the notice, except as provided in subparagraph (B).
16(B) Testimony and evidence relating to matters that occurred
17more than four years before the date of the filing of the notice
18pursuant to Section 44934 may not be considered, received as
19evidence, or relied upon, except as deemed relevant by the
20administrative law judge to charges that involve any act as
21described in Section 44010 of this code, and Sections 11165.2 to
2211165.6, inclusive, of the Penal Code.
23(b) (1) The hearing provided for in this section shall be
24conducted by a Commission on Professional Competence, unless
25the parties submit a statement in writing to the Office of
26Administrative Hearings, indicating that both parties waive the
27right to convene a Commission on Professional Competence and
28stipulate to having the hearing conducted by a single administrative
30(2) If the parties elect not to waive a hearing before a
31Commission on Professional Competence, one member of the
32commission shall be selected by the employee, one member shall
33be selected by the governing board, and one member shall be an
34administrative law judge of the Office of Administrative Hearings
35who shall be chairperson and a voting member of the commission
36and shall be responsible for assuring that the legal rights of the
37parties are protected at the hearing.
38(3) The governing board and the employee shall select
39commission members no later than 45 days before the date set for
40hearing, and shall serve notice of their selection upon all other
P11 1parties and upon the Office of Administrative Hearings. Failure
2to meet this deadline shall constitute a waiver of the right to
3selection, and the county board of education or its specific designee
4shall immediately make the selection. If the county board of
5education is also the governing board of the school district or has
6by statute been granted the powers of a governing board, the
7selection shall be made by the Superintendent, who shall be
8reimbursed by the school district for all costs incident to the
10(4) Any party who believes that a selected commission member
11is not qualified may file an objection, including a statement
12describing the basis for the objection, with the Office of
13Administrative Hearings, and serve the objection and statement
14upon all other parties, within 10 days of the date that the notice of
15selection is filed. Within seven days after the filing of any
16objection, the administrative law judge assigned to the matter shall
17rule on the objection, or convene a teleconference with the parties
19(5) The member selected by the governing board and the
20member selected by the employee shall not be related to the
21employee and shall not be employees of the district initiating the
22dismissal or suspension. Each member shall hold a currently valid
23credential and have at least three years’ experience within the past
2410 years in the discipline of the employee.
25(c) (1) The decision of the Commission on Professional
26Competence shall be made by a majority vote, and the commission
27shall prepare a written decision containing findings of fact,
28determinations of issues, and a disposition that shall be, solely,
29one of the following:
30(A) That the employee should be dismissed.
31(B) That the employee should be suspended for a specific period
32of time without pay.
33(C) That the employee should not be dismissed or suspended.
34(2) The decision of the Commission on Professional Competence
35that the employee should not be dismissed or suspended shall not
36be based on nonsubstantive procedural errors committed by the
37school district or governing board unless the errors are prejudicial
39(3) The commission shall not have the power to dispose of the
40charge of dismissal by imposing probation or other alternative
P12 1sanctions. The imposition of suspension pursuant to subparagraph
2(B) of paragraph (1) shall be available only in a suspension
3proceeding authorized pursuant to subdivision (b) of Section 44932
4or Section 44933.
5(4) The decision of the Commission on Professional Competence
6shall be deemed to be the final decision of the governing board.
7(5) The governing board may adopt from time to time rules and
8procedures not inconsistent with this section as may be necessary
9to effectuate this section.
10(6) The governing board and the employee shall have the right
11to be represented by counsel.
12(d) (1) If the member selected by the governing board or the
13member selected by the employee is employed by any school
14district in this state, the member shall, during any service on a
15Commission on Professional Competence, continue to receive
16salary, fringe benefits, accumulated sick leave, and other leaves
17and benefits from the district in which the member is employed,
18but shall receive no additional compensation or honorariums for
19service on the commission.
26 If service on a Commission on Professional Competence
27occurs during summer recess or vacation periods, the member shall
28receive compensation proportionate to that received during the
29current or immediately preceding contract period from the
30member’s employing district, whichever amount is greater.
31(e) (1) If the Commission on Professional Competence
32determines that the employee should be dismissed or suspended,
33the governing board and the state shall share equally the expenses
34of the hearing, including the cost of the administrative law judge.
35The state shall pay any costs incurred under
begin delete paragraphend delete
36 (2) of subdivision (d), the reasonable expenses, as
37determined by the administrative law judge, of the member selected
38by the governing board and the member selected by the employee,
39including, but not limited to, payments or obligations incurred for
40travel, meals, and lodging, and the cost of the substitute or
P13 1substitutes, if any, for the member selected by the governing board
2and the member selected by the employee. The Controller shall
3pay all claims submitted pursuant to this paragraph from the
4General Fund, and may prescribe reasonable rules, regulations,
5and forms for the submission of the claims. The employee and the
6governing board shall pay their own attorney’s fees.
7(2) If the Commission on Professional Competence determines
8that the employee should not be dismissed or suspended, the
9governing board shall pay the expenses of the hearing, including
10the cost of the administrative law judge, any costs incurred under
begin delete paragraphend delete (2) of subdivision (d), the reasonable
12expenses, as determined by the administrative law judge, of the
13member selected by the governing board and the member selected
14by the employee, including, but not limited to, payments or
15obligations incurred for travel, meals, and lodging, the cost of the
16substitute or substitutes, if any, for the member selected by the
17governing board and the member selected by the employee, and
18reasonable attorney’s fees incurred by the employee.
19(3) As used in this section, “reasonable expenses” shall not be
20deemed “compensation” within the meaning of subdivision (d).
21(4) If either the governing board or the employee petitions a
22court of competent jurisdiction for review of the decision of the
23commission, the payment of expenses to members of the
24commission required by this subdivision shall not be stayed.
25(5) If the decision of the commission is finally reversed or
26vacated by a court of competent jurisdiction, either the state, having
27paid the commission members’ expenses, shall be entitled to
28reimbursement from the governing board for those expenses, or
29the governing board, having paid the expenses, shall be entitled
30to reimbursement from the state.
31(f) The hearing provided for in this section shall be conducted
32in a place selected by agreement among the members of the
33commission. In the absence of agreement, the place shall be
34selected by the administrative law judge.
Section 44944.2 is added to the Education Code, to
(a) In a dismissal or suspension proceeding under
38Section 44944, in lieu of written discovery required pursuant to
39Section 11507.6 of the Government Code, the parties shall make
40disclosures as described in this section.
P14 1(1) An initial disclosure shall comply with the following
3(A) A party shall, without awaiting a discovery request, provide
4to the other parties both of the following:
5(i) The name and, if known, the address and telephone number
6of each individual likely to have discoverable information, along
7with the subjects of that information, that the disclosing party may
8use to support its claims or defenses, unless the use would be solely
9for impeachment purposes.
10(ii) A copy of all documents, electronically stored information,
11and tangible items that the disclosing party has in its possession,
12custody, or control and may use to support its claims or defenses,
13unless the use would be solely for impeachment.
14(B) The school district shall make
begin delete itsend delete
15 initial disclosures within
begin delete 30end delete days of the date of begin delete service of the
16notice of intention to dismiss or suspend. The employee shall make
17his or her initial disclosures within 30 days of the date of service
18of the school district’s initial disclosures.end delete
20(C) A party shall make its initial disclosures based on the
21information then reasonably available to it. A party is not excused
22from making its disclosures because it has not fully investigated
23the case or because it challenges the sufficiency of another party’s
24disclosures. A party’s failure to make initial disclosures within the
25deadlines set forth in this section shall preclude the party from
26introducing witnesses or evidence not disclosed at the hearing,
27unless the party shows good cause for its failure to timely disclose.
28(D) A party has an obligation to promptly supplement its initial
29disclosures as new information or evidence becomes known or
30available. Supplemental disclosures shall be made as soon as
31possible, and no later than 60 days before the date of
32commencement of the hearing. A party’s failure to make
33supplemental disclosures promptly upon discovery or availability
34of new information or evidence shall preclude the party from
35introducing witnesses or evidence not disclosed at the hearing,
36unless the party shows good cause for its failure to timely disclose.
37(2) The disclosure of expert testimony shall comply with the
39(A) A party shall also disclose to the other parties the identities
40of any expert witnesses whose testimony it may use at the hearing.
P15 1(B) The disclosure specified in subparagraph (A) shall be
2accompanied by a summary of the witness’ expected testimony,
3including a description of the facts and data considered by the
4witness; a description of the witness’s qualifications, including a
5list of all publications authored in the previous 10 years; a list of
6all other cases in which, during the previous four years, the witness
7testified as an expert at a hearing or by deposition; and a statement
8of the compensation to be paid to the expert witness.
9(C) Expert witness disclosures shall be made no later than 60
10days before the date of commencement of hearing. A party’s failure
11to make full and timely expert witness disclosures shall preclude
12the party’s use of the expert witness’ testimony or evidence at the
14(3) Prehearing disclosures shall comply with the following
16(A) In addition to the disclosures required in paragraphs (1) and
17(2), a party shall provide to the other parties the following
18information about the evidence that it may present at the hearing:
19(i) The name, and if not previously provided, the address and
20telephone number of each witness, separately identifying those
21the party expects to present and those it may call if the need arises.
22(ii) An identification of each exhibit, separately identifying
23those items the party expects to offer and those it may offer if the
25(B) Prehearing disclosures shall be made at least 30 days before
27(i) Within 14 days after prehearing disclosures are made, a party
28shall file and serve any objections, along with the grounds for each
29objection, to the admissibility of evidence.
30(ii) These objections shall be decided on the first day of hearing,
31or at a prehearing conference conducted pursuant to Section
3211511.5 of the Government Code. Documents and individuals not
33timely disclosed without good cause shall be precluded from
34admission at the hearing.
35(b) In addition to the disclosures required by subdivision (a),
36the parties may obtain discovery by oral deposition in California,
37in accordance with Sections 2025.010 to 2025.620, inclusive, of
38the Code of Civil Procedure, except as described in this article.
39The school district may take the depositions of the employee and
40no more than four other witnesses, and the employee may take
P16 1depositions of no more than five witnesses. Each witness deposition
2is limited to seven hours.
3(c) If the right to disclosures or oral depositions is denied by
4either the employee or the governing board, the exclusive right of
5a party seeking an order compelling production of discovery shall
6be pursuant to Section 11507.7 of the Government Code. If a party
7seeks protection from unreasonable or oppressive discovery
8demands, the exclusive right of a party seeking an order for
9protection shall be pursuant to Section 11450.30 of the Government
If the Commission on State Mandates determines
12that this act contains costs mandated by the state, reimbursement
13to local agencies and school districts for those costs shall be made
14pursuant to Part 7 (commencing with Section 17500) of Division
154 of Title 2 of the Government Code.