Amended in Senate June 25, 2013

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 begin insert : hearing end insert .

(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 begin delete governing board’s end delete notice begin insert of the governing board of the school district end insert 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 begin insert of the school district end insert 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. 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 by a closing of the record within 7 months from the date of the employee’s demand for a hearing. 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. 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 begin insert both of end insert the
following:

(a) Pupils, educators, administrators, school boards, and school
district employees begin delete , 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 update and streamline the procedures for teacher discipline
and dismissal, making it more cost effective and reducing 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 begin delete board, end delete begin insert board of the school district end insert begin insert , end insert charging that
there exists cause, as specified in Section 44932 or 44933, for the
dismissal or suspension of a permanent employee of the begin insert school end insert
district, the governing board begin insert of the school district end insert 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 begin insert of the school district end insert 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, and it shall also set forth the facts relevant to each
occasion of alleged unprofessional conduct or unsatisfactory
performance.

(c) If the governing board begin insert of the school district end insert 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 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 if it
would extend the close of the record beyond the seven-month
deadline pursuant to paragraph (1) of subdivision (a) of Section
44944.

(d) A begin delete governing board’s end delete notice begin insert of the governing board of the
school district end insert 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 begin insert of the school district end insert 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 begin insert given during the
instructional year of the schoolsite where the employee is
physically employed end insert shall be in writing and be served upon the
employee personally begin insert or by United States registered mail addressed
to him or her end insert 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.

begin insert

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

end insert

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 begin delete board, end delete begin insert board of a school district, end insert charging a
permanent employee of the begin insert school end insert 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 begin insert of the
school district end insert and filed within 30 days after service upon the
employee of the initial pleading in the matter. The governing board
begin insert of the school district end insert 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. The ruling shall not be considered by
the commission in determining the validity of the grounds for
dismissal, and shall not have any bearing on the commission’s
determination regarding the grounds for dismissal.

(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 this section shall be the exclusive
means of obtaining interlocutory review of suspension pending
dismissal. The grant or denial of the motion shall not be subject
to interlocutory judicial review.

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 begin delete dismiss, end delete
begin insert dismiss end insert shall be in writing and be served begin delete upon the employee
personally or by United States registered mail addressed to the
employee at his or her last known address end delete begin insert pursuant to Section
44936 end insert . 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 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.

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 begin delete hearing, and the hearing
shall be completed by a closing of the record within seven months
from the date of the employee’s demand for a end delete hearing. begin insert A
continuance shall not extend the date for the commencement of
the hearing more than six months from the date of the employee’s
request for a hearing, except for extraordinary circumstances, as
determined by the administrative law judge. If extraordinary
circumstances are found that extend the date for the commencement
of the hearing, the deadline for concluding the hearing and closing
the record pursuant to this subdivision shall be extended for a
period of time equal to the continuance. end insert The hearing date shall be
established after consultation with the employee and the governing
board, or their begin delete representatives. The hearing date may be continued
in accordance with Sections 11505 and 11524 of the Government
Code, except that no end delete begin insert representatives, except that, if the parties are
not able to reach agreement on a date, the Office of Administrative
Hearings shall unilaterally set a date in compliance with this
section. The hearing shall be completed by a closing of the record
within seven months of the date of the employee’s demand for a
hearing end insert begin insert . A end insert continuance shall begin insert not end insert extend the date for the close of
the record more than seven months from the date of the employee’s
request for a hearing, except for extraordinary circumstances, as
determined by the administrative law judge begin insert , or, where substantial
progress has been made in completing the previously scheduled
days of the hearing within the seven-month period but the hearing
cannot be completed, for good cause shown, within the
seven-month period, the period for completing the hearing may
be extended by the presiding administrative law judge for a period
not to exceed 30 days end insert . 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.

(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.

(3) (A)  begin delete No end delete begin insert A end insert witness shall begin insert not end insert 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
begin delete 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) end delete
begin insert allegations of an act described in Section 44010 of this code or
Sections 11165.2 to 11165.6, inclusive, of the Penal Code end insert .

begin delete

(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.

end delete begin insert

(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 an 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 allegations of an act described in Section 44010 of
this code or Sections 11165.2 to 11165.6, inclusive, of the Penal
Code.

end insert

(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. begin insert If the parties elect to waive a hearing before the
Commission on Professional Competence, 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 administrative law
judge conducting the hearing shall have all the powers granted to
a Commission on Professional Competence pursuant to that
chapter, except as described in this article. end insert

(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
begin delete commission end delete begin insert Commission on Professional Competence end insert 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 begin delete commission end delete
begin insert Commission on Professional Competence end insert member is not qualified
may file an objection, including a statement describing the basis
for the objection, with the Office of Administrative Hearings begin delete , end delete and
serve the objection and statement upon all other parties begin delete , end delete 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 begin delete , end delete 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 begin insert school end insert 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 begin delete commission end delete begin insert Commission on Professional Competence end insert
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 begin insert school end insert district in which the member is
employed, but shall receive no additional compensation or
honorariums for service on the commission.

(2) If the member selected is a retired employee, the member
shall receive pay at begin delete a reasonable hourly rate not to exceed the
average hourly rate of a substitute employee in the same discipline end delete
begin insert the daily substitute teacher rate in the school district that is a party
to the hearing end insert . Service on a begin delete commission end delete begin insert Commission on
Professional Competence end insert shall not be credited toward retirement
benefits.

(3) 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 begin insert school end insert 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 paragraphs (2) and
(3) 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
paragraphs (2) and (3) 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
begin delete commission, end delete begin insert Commission on Professional Competence, end insert the
payment of expenses to members of the commission required by
this subdivision shall not be stayed.

(5) If the decision of the begin delete commission end delete begin insert Commission on
Professional Competence end insert 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
begin delete commission end delete begin insert Commission on Professional Competence end insert . 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 and the employee shall make their initial
disclosures within 45 days of the date of the employee’s demand
for a hearing.

(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 begin delete witness’s end delete begin insert witness end insert begin insert ’ end insert 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 begin insert the end insert 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.