BILL NUMBER: SB 843 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 21, 2014
AMENDED IN SENATE FEBRUARY 25, 2014
INTRODUCED BY Senator Correa
JANUARY 7, 2014
An act to amend Sections 44030.5, 44242.5, 44930, 44932, 44934,
44936, 44937, 44938, 44939, 44940, 44943, 44944,
44945, and 44947 of, to repeal Section
44941 of, and to add Sections 44930.5, 44932.5,
and 44944.5 44930.5 and 44944.2 to, the
Education Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 843, as amended, Correa. School employees: discipline:
dismissal and suspension.
(1) Existing law prohibits a permanent school employee from being
dismissed except for one or more specified reasons. Existing law
authorizes a governing board of a school district to 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, as provided. Existing law additionally
authorizes the governing board of a school district to immediately
suspend a permanent employee for specified reasons, as provided.
This bill would, among other things, add serious and
egregious conduct, as defined, to the list of specified
reasons for which a permanent employee may be dismissed. The
bill would instead authorize the governing board of a school
district to suspend without pay for more than 30 workdays those
employees for any of the listed reasons authorizing dismissal or
suspension and pursuant to certain procedures. The bill would also
authorize the suspension of those employees for up to 30 workdays
pursuant to separate procedures, as specified. The bill
would also authorize revise the reasons for
which the governing board of a school district is
authorized to immediately suspend a permanent employee
for specified charges employee .
(2) Existing law establishes a Commission on Professional
Competence for each dismissal or suspension hearing requested by an
employee, consisting of one member selected by the governing board,
one member selected by the employee, and an administrative law judge
as the 3rd member. Existing law requires the selected
members to, among other things, have 5 years' experience within the
past 10 years in the discipline of the employee.
Existing law requires in a dismissal or suspension proceeding against
a permanent employee, 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. Existing law prescribes various
procedures for the hearing, including, among others, a prohibition
against the use of evidence of any nature relating to
matters occurring more than 4 years prior to the filing of a notice
in a decision relating to the termination or suspension of any
employee.
This bill would instead require each hearing to be heard
by a hearing panel, consisting of, require, for
specified charges, that a commission on professional
competence to be comprised of only an administrative law
judge, and for other specified charges, consisting of a
Commission on Professional Competence. The bill would instead require
the selected members of the commission to have only 3 years'
experience in the elementary or secondary grade level discipline of
the employee, as defined. judge, and that the matter
be submitted for decision within 12 months from the date
of the employee's demand for a hearing, as provided. For those same
charges, the bill would authorize testimony to be given or evidence
introduced relating to matters that occurred more than 4 years before
the date of the filing of the notice unless it is not relevant, and
would provide for the allocation of costs for the hearing and any
appeals by requiring, among other things, that the employee pay for
the costs of the hearing if the administrative law judge determines
that the employee's decision to demand a hearing was a frivolous
tactic that wasted public resources.
(3) Existing law requires in a dismissal or suspension proceeding
against a permanent employee, 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. Existing law prescribes
various procedures for the hearing, including, among others, a
prohibition against discovery occurring later than 30 calendar days
after the employee is served with a copy of the accusation, and a
prohibition against the use of evidence of any nature relating to
matters occurring more than 4 years prior to the filing of a notice
in a decision relating to the termination or suspension of any
employee.
This bill would instead require that any hearing be submitted for
decision within 12 months from the date of the employee's demand for
a hearing, as provided. The bill would revise various procedures for
the conduct of those hearings. The bill would, among other things,
require the administrative law judge on the hearing panel to hold a
final status conference at least 7 calendar days before the hearing
is to commence, as provided. The bill would also delete the
prohibitions identified above relating to discovery and instead
require discovery to be completed at least 7 calendar days before the
final status conference, and would authorize the use of evidence
relating to matters that occurred more than 4 years ago in the
resolution of a charge of serious and egregious conduct, or with
respect to any charge, for purposes of rebuttal, impeachment, or
showing that notice was given. The bill would require the employee to
pay the expenses of the hearing, except as provided, if the hearing
panel determines that the employee's decision to demand a hearing was
a frivolous tactic that wasted public resources.
(4) Existing law declares any contract or agreement, express or
implied, made by an employee to waive certain benefits is null and
void, except or provided.
This bill would, notwithstanding that provision, authorize an
employee to waive certain due process rights as part of a contract or
agreement between the school district, the employee, and if
applicable, the employee's exclusive representative.
(5)
(3) Existing law authorizes a governing board of a
school district to give notice to a permanent employee of its
intention to dismiss or suspend him or her for specified causes at
the expiration of 30 days from the date of service of the notice,
unless the employee demands a hearing. Existing law prohibits that
notice from being given between May 15 and September 15 in any year.
This bill would instead authorize the governing board of a school
district to give the notice at any time of year. The bill
would also require the governing board of a school district to
provide a copy of the notice to the collective bargaining unit
representing the employee within one week of serving notice to the
employee. year, except as specified, provided that a
notice of dismissal or suspension given outside of the
instructional year of the schoolsite where the employee is physically
employed is in writing served upon the employee personally.
The bill would require provide that a
notice of the governing board of the school district to an employee
of its intention to dismiss or suspend the employee, together with
written charges filed or formulated pursuant to those procedures,
be is sufficient to initiate a hearing,
as prescribed, and would prohibit the governing board of the school
district from being required to file or serve a separate accusation.
The bill would authorize the governing board of a school
district to amend written charges, as provided, and
The bill would, if an employee demands a hearing, authorize the
governing board to either rescind its action or schedule a hearing on
the matter. The bill also would, for specified cha rges,
authorize the governing board to rescind the notice at any time
before the matter is submitted for decision.
(6) Existing law prohibits the governing board of a school
district from acting upon any charges of unprofessional conduct or
unsatisfactory performance, unless at least 45 or 90 calendar days,
respectively, prior to the date of the filing of the charges the
governing board of the school district, or its authorized
representative, has given the employee written notice, as specified.
This bill would delete those provisions and instead prohibit the
governing board from acting upon certain charges unless at least 30
workdays before the date of the filing of the charges the governing
board, or its authorized representative, has given the employee
written notice.
(7)
(4) Existing law prohibits information of a derogatory
nature to be entered into an employee's personnel records unless the
employee is given an opportunity to review and comment on that
information.
This bill would, notwithstanding that provision, prohibit, among
other things, the governing board of a school district or its
authorized representative from amending, renewing, or entering into
an agreement that requires the removal from a school
employees' employee's records any evidence of
credible complaints, substantiated investigations, or discipline
relating to the school employee's commission, or alleged commission,
of serious and egregious conduct or other
misconduct, as specified . The bill would specify that
provisions in the bill authorizing an employee's waiver of his or
her due process employment rights, as provided, does not supersede
these provisions.
(8)
(5) Existing law provides that a certificated employee
may be charged with a mandatory leave of absence offense or an
optional leave of absence offense for certain sex offenses or
certain offenses involving controlled substance
offenses with the exception of substances other than
marijuana, mescaline, peyote, or tetrahydrocannabinols.
Existing law requires the governing board of a school district to
immediately place a certificated employee on compulsory leave of
absence if the employee is charged with a mandatory leave of absence
offense and authorizes the governing board to immediately place
the employee on compulsory leave of absence if the employee is
charged with an optional leave of absence offense .
This bill would additionally authorize a certificated employee to
be charged with a mandatory leave of absence offense for the
commission of a violent or serious felony, as specified. The
bill would also add controlled substances offenses involving
marijuana, mescaline, peyote, or tetrahydrocannabinols to the lists
of mandatory and optional leave of absence offenses, as specified.
Because this bill 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.
(9)
(6) This bill would also make conforming changes and
numerous nonsubstantive changes, and would delete obsolete
references.
(10)
(7) 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. Section 44030.5 of the Education Code is amended to
read:
44030.5. (a) The superintendent of a school district or county
office of education, or the administrator of a charter school,
employing a person with a credential shall report any change in the
employment status of the credentialholder to the commission not later
than 30 days after the change in employment status, if the
credentialholder, while working in a position requiring a credential,
and as a result of an allegation of misconduct or while an
allegation of misconduct is pending, is dismissed, is nonreelected,
resigns, is suspended or placed on unpaid administrative leave for
more than 10 days as a final adverse action, retires, or is otherwise
terminated by a decision not to employ or reemploy.
(b) For purposes of subdivision (a), a change of employment status
due solely to unsatisfactory performance pursuant to paragraph (6)
of subdivision (a) of Section 44932 or a reduction in force pursuant
to Sections 44955 to 44958, inclusive, is not a result of an
allegation of misconduct.
(c) The failure to make the report required by subdivision (a) is
unprofessional conduct and may subject the superintendent of the
school district or county office of education, or the administrator
of a charter school, to adverse action by the commission.
(d) (1) Notwithstanding Section 44030, refusing or willfully
neglecting to make the report required by subdivision (a) is a
misdemeanor, punishable by a fine of not less than five hundred
dollars ($500) or more than one thousand dollars ($1,000).
(2) All fines imposed pursuant to this subdivision are the
personal responsibility of the superintendent of the school district
or county office of education, or the administrator of a charter
school, and may not be paid or reimbursed with public funds.
SEC. 2. Section 44242.5 of the Education Code is amended to read:
44242.5. (a) Each allegation of an act or omission by an
applicant for, or holder of, a credential for which he or she may be
subject to an adverse action shall be presented to the Committee of
Credentials.
(b) The committee has jurisdiction to commence an initial review
upon receipt of any of the following:
(1) (A) Official records of the Department of Justice, of a law
enforcement agency, of a state or federal court, and of any other
agency of this state or another state.
(B) For purposes of subparagraph (A), "agency of this state" has
the same meaning as that of "state agency" as set forth in Section
11000 of the Government Code.
(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) (A) A statement from an employer notifying the commission
that, as a result of an allegation of misconduct, or while an
allegation of misconduct is pending, a credentialholder has been
dismissed, nonreelected, suspended for more than 10 days, or placed
pursuant to a final adverse employment action on unpaid
administrative leave for more than 10 days, or has resigned or
otherwise left employment.
(B) The employer shall provide the notice described in
subparagraph (A) to the commission not later than 30 days after the
dismissal, nonreelection, suspension, placement on unpaid
administrative leave, resignation, or departure from employment of
the employee.
(C) For purposes of subparagraphs (A) and (B), a change in status
due solely to unsatisfactory performance pursuant to paragraph (6) of
subdivision (a) of Section 44932 or a reduction in force pursuant to
Sections 44955 to 44958, inclusive, is not a result of an allegation
of misconduct.
(4) A notice from an employer that a complaint was filed with the
school district alleging sexual misconduct by a credentialholder.
Results of an investigation by the committee based on this paragraph
shall not be considered for action by the committee unless there is
evidence presented to the committee in the form of a written or oral
declaration under penalty of perjury that confirms the personal
knowledge of the declarant regarding the acts alleged to constitute
misconduct.
(5) A notice from a school district, employer, public agency, or
testing administrator of a violation of Section 44420, 44421.1,
44421.5, or 44439.
(6) (A) An affirmative response on an application submitted to the
commission as to any conviction, adverse action on, or denial of, a
license, or pending investigation into a criminal allegation or
pending investigation of a noncriminal allegation of misconduct by a
governmental licensing entity.
(B) Failure to disclose any matter set forth in subparagraph (A).
(c) An initial review commences on the date that the written
notice is mailed to the applicant or credentialholder that his or her
fitness to hold a credential is under review. Upon commencement of a
formal review pursuant to Section 44244, the committee shall
investigate all alleged misconduct and the circumstances in
mitigation and aggravation. The investigation shall include, but not
be limited to, all of the following:
(1) Investigation of the fitness and competence of the applicant
or credentialholder to perform the duties authorized by the
credential for which he or she has applied or that he or she
presently holds.
(2) Preparation of a summary of the applicable law, a summary of
the facts, contested and uncontested, and a summary of any
circumstances in aggravation or mitigation of the allegation.
(3) Determination of probable cause for an adverse action on the
credential. If the allegation is for unprofessional or immoral
conduct, the committee, in any formal review conducted pursuant to
Section 44244 to determine probable cause, shall permit the employer
of the credentialholder to be present while testimony is taken. If
the allegation of unprofessional or immoral conduct involves sexual
abuse, the employer shall be examined in the meeting for any relevant
evidence relating to the sexual abuse.
(A) If the committee determines that probable cause for an adverse
action does not exist, the committee shall terminate the
investigation.
(B) If the committee determines that probable cause for an adverse
action on the credential exists, upon receipt of a request from an
applicant or a credentialholder pursuant to Section 44244.1, the
commission shall initiate an adjudicatory hearing, as prescribed by
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, by filing an accusation or statement
of issues.
(d) The committee has jurisdiction to commence a formal review
pursuant to Section 44244 upon receipt of any of the following:
(1) (A) Official records of a state or federal court that reflect
a conviction or plea, including a plea of nolo contendere, to a
criminal offense or official records of a state court that adjudge a
juvenile to be a dependent of the court pursuant to Section 300 of
the Welfare and Institutions Code due to allegations of sexual
misconduct or physical abuse by a credentialholder or applicant.
(B) Nothing in subparagraph (A) shall be construed to relieve the
commission from the confidentiality provisions, notice, and due
process requirements set forth in Section 827 of the Welfare and
Institutions Code.
(2) An affidavit or declaration signed by a person or persons with
personal knowledge of the acts alleged to constitute misconduct.
(3) A statement described in paragraph (3) of subdivision (b).
(4) Official records of a governmental licensing entity that
reflect an administrative proceeding or investigation, otherwise
authorized by law or regulation, which has become final.
(5) A notice described in paragraph (5) of subdivision (b).
(6) A response or failure to disclose, as described in paragraph
(6) of subdivision (b).
(e) (1) Upon completion of its investigation, the committee shall
report its actions and recommendations to the commission, including
its findings as to probable cause, and if probable cause exists, its
recommendations as to the appropriate adverse action.
(2) The findings shall be available, upon its request, to the
employing or last known employing school district, or, if adverse
action is recommended by the committee and the credentialholder has
not filed a timely appeal of the recommendation of the committee
pursuant to Section 44244.1, upon a request made within five years of
the date of the committee's recommendations to a school district
providing verification that the credentialholder has applied for
employment in the school district. The findings, for all purposes,
shall remain confidential and limited to school district personnel in
a direct supervisory capacity in relation to the person
investigated. Any person who otherwise releases findings received
from the committee or the commission, absent a verified release
signed by the person who is the subject of the investigation, shall
be guilty of a misdemeanor.
(3) The findings shall not contain any information that reveals
the identity of persons other than the person who is the subject of
the investigation.
(f) (1) Except as provided in paragraph (2) and, notwithstanding
subdivision (b), for purposes of determining whether jurisdiction
exists under subdivision (b), the commission, in accordance with
Section 44341, may make inquiries and requests for production of
information and records only from the Department of Justice, a law
enforcement agency, a state or federal court, and a licensing agency
of this state or a licensing agency of another state.
(2) For purposes of determining whether jurisdiction exists,
paragraph (1) does not apply to release of personnel records.
SEC. 3. Section 44930 of the Education Code is amended to read:
44930. (a) Subject to Section 44930.5, the governing board of a
school district shall accept the resignation of any employee and
shall fix the time when the resignation takes effect, which, except
as provided by subdivision (b), shall not be later than the close of
the school year during which the resignation has been received by the
governing board of the school district.
(b) Notwithstanding any other law, but subject to Section 44930.5,
an employee and the governing board of a school district may agree
that a resignation will be accepted at a mutually agreed upon date
not later than two years beyond the close of the school year during
which the resignation is received by the governing board of the
school district.
SEC. 4. Section 44930.5 is added to the Education Code, to read:
44930.5. Notwithstanding any other law, on or after January 1,
2015, the governing board of a school district or its authorized
representative shall not amend, renew, or enter into an agreement
that does either of the following:
(a) Requires the removal from a school employee's records of
any evidence of credible complaints, substantiated
investigations, or discipline relating to the school employee's
commission of, or alleged commission of, serious and
egregious conduct, as conduct described in
paragraphs (1), (3), and (10) of Section 44932. This
prohibition does not preclude the removal of documents containing
unfounded, erroneous, or false allegations from a school employee's
permanent personnel file, as otherwise required by law.
(b) Prevents an employee of the school district from complying
with the requirements of Section 44947 or prevents an employee of the
school district from sending to the Commission on Teacher
Credentialing a report, including, but not limited to, a report
mandated by Section 44030.5, of any change in employment status of a
school district employee alleged to have engaged in serious
and egregious conduct conduct described in
paragraph (1), (3), or (10) of Section 44932 . For purposes of
this section, a change in employment status includes, but is not
limited to, dismissal, nonreelection, resignation,
suspension suspension, or placement on
administrative leave for more than 10 days as a final adverse action,
retirement, or termination by a decision not to employ or reemploy.
SEC. 5. 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, including, but not limited
to, excessive absences, excessive tardiness, and insubordination.
conduct.
(3) Serious and egregious Egregious
conduct as specified in subdivision (b).
(4) 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 to that chapter.
(5) Dishonesty.
(6) Unsatisfactory performance.
(7) Evident unfitness for service.
(8) Physical or mental condition unfitting him or her to instruct
or associate with children.
(9) 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.
(10) Conviction of a felony or of any crime involving moral
turpitude.
(11) Alcoholism or other drug abuse which makes the employee unfit
to instruct or associate with children.
(b) For purposes of this section, "serious and egregious
"egregious conduct" means any of the following:
(1) Any offense defined in Section 44010 or 44011.
(2) Any offense defined in Section 187 or 206 of, or Sections
11165.1 to 11165.6, inclusive, of, the Penal Code.
(3) Any offense under state or federal law that is punishable by
death or life imprisonment without the possibility of parole.
(c) 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. 6. Section 44932.5 is added to the
Education Code, to read:
44932.5. (a) The governing board of a school district may suspend
without pay for more than 30 workdays 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, and on the grounds listed in Section 44932 or
44933. This authorization shall not apply to any school district that
has adopted a collective bargaining agreement pursuant to
subdivision (b) of Section 3543.2 of the Government Code.
(b) The governing board of a school district may suspend without
pay for up to 30 workdays a permanent certificated employee, or in a
school district with an average daily attendance of less than 250
pupils, a probationary employee, in accordance with the procedures
specified in Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code.
SEC. 7. SEC. 6. 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 a
school district, or upon a written statement of charges formulated by
the governing board of a school district, charging that there exists
cause, as specified in Section 44932 or 44933, for the dismissal or
suspension for more than 30 workdays of a
permanent employee of the district, the governing board of the school
district 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 him or her or suspend him or her
for more than 30 workdays 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. Proceedings for
suspensions for more than 30 workdays may be
initiated pursuant to this section only if the governing board of the
school district 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 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.
(c) A notice by the governing board of a school district to an
employee of its intention to dismiss him or her or suspend him or
her for more than 30 workdays, her,
together with written charges filed or formulated pursuant to this
section, shall be sufficient to initiate a hearing pursuant to
Section 11503 of the Government Code, and the governing board of the
school district shall not be required to file or serve a separate
accusation.
(d) The governing board of a school district may amend written
charges pursuant to Sections 11507 and 11516 of the Government Code.
(e)
(d) This section shall also apply to the suspension of
probationary employees for more than 30 workdays
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. 8. SEC. 7. Section 44936 of the
Education Code is amended to read:
44936. (a) The notice of dismissal or suspension for
more than 30 workdays in a proceeding initiated pursuant to
Section 44934 may be given at any time of year. It 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. address, provided that 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 by Section 11503 of the Government Code,
together with a copy of the provisions of this article, shall be
attached to the notice. No additional documentation shall be required
to notice notify the employee.
A copy of the notice shall also be sent to the collective
bargaining unit that represents the employee within one week of
serving the employee with the notice of dismissal or suspension for
more than 30 workdays.
(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. However, a notice of dismissal or suspension in
a proceeding involving charges of unsatisfactory performance may be
initiated pursuant to paragraph (2) of subdivision (b) of Section
44938.
(b)
(c) An employee who demands a hearing within 30 days
after service of the notice dismissal or suspension for more
than 30 workdays shall file a notice of defense, as
described in Sections 11505 and 11506 of the Government Code.
SEC. 9. Section 44937 of the Education Code is
amended to read:
44937. In a proceeding for a dismissal or suspension for more
than 30 workdays initiated pursuant to Section 44934, if the employee
does not demand a hearing by filing a written request for hearing
with the governing board, he or she may be dismissed or he or she may
be suspended without pay for a specific period of time for more than
30 workdays at the expiration of the 30-day period.
SEC. 10. Section 44938 of the Education Code is
amended to read:
44938. (a) The governing board of a school district shall not act
upon any charges initiated pursuant to paragraph (2), (6), or (9) of
subdivision (a) of Section 44932, or Section 44933 unless at least
30 workdays before the date of the filing, the governing board of the
school district or its authorized representative has given the
employee against whom the charge is filed, written notice of the
conduct leading to the charges, specifying the nature of the conduct
with specific instances of behavior and with particularity as to
furnish the employee an opportunity to correct his or her faults and
overcome the grounds for the charge. The written notice shall include
the evaluation made pursuant to Article 11 (commencing with Section
44660) of Chapter 3, if applicable to the employee.
(b) For purposes of this section, "workday" means any day that
the employee is normally expected to work, regardless of whether he
or she actually does work.
SEC. 11. SEC. 8. Section 44939 of
the Education Code is amended to read:
44939. Upon the filing of written charges pursuant to paragraph
(1), (3), (4), (5), (7), (8), (10), or (11)
or (10) of subdivision (a) of Section 44932, duly signed and
verified by the person filing them with the governing board of a
school district, or upon a written statement of charges pursuant to
paragraph (1), (3), (4), (5), (7), (8), (10), or (11)
or (10) of subdivision (a) of Section 44932
formulated by the governing board of a school district, to dismiss a
permanent employee of the school district, the governing board of the
school district may, if it deems the action necessary, immediately
suspend the employee from his or her duties and give notice to the
permanent employee of his or her suspension, and that 30 days after
service of the notice, the permanent employee will be dismissed,
unless he or she demands a hearing.
SEC. 12. SEC. 9. 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 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, with the exception of marijuana, mescaline, peyote, or
tetrahydrocannabinols, Code or with the
commission of a violent or serious felony, as listed in subdivision
(c) of Section 667.5 of, or subdivision (c) of Section 1192.7 of, the
Penal 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, or a violation or attempted violation of
Section 187 of the Penal Code, or Sections 11357 to 11361, inclusive,
of, or Section 11363, 11364, or 11370.1 of, the Health and Safety
Code, insofar as these sections relate to any controlled
substances except marijuana, mescaline, peyote, or
tetrahydrocannabinols. 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
certificated employee on compulsory leave of absence. The duration of
the leave of absence shall be until a time not more than 10 days
after notice of the judgment in the proceedings has been received by
the school district. 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
notice of the judgment in the proceedings has been received by the
Commission on Teacher Credentialing.
(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 certificated 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 notice of the judgment in the proceedings has been received by
the school district.
SEC. 13. Section 44941 of the Education Code is
repealed.
SEC. 14. SEC. 10. Section 44943 of
the Education Code is amended to read:
44943. The (a) If
an employee who has been served pursuant to Section 44934 with a
notice of the governing board's intention to dismiss or suspend him
or her demands a hearing, the governing board shall either rescind
its action or schedule a hearing on the matter.
(b) The governing board may,
without prejudice, rescind a notice served pursuant to Section 44934
for a charge pursuant to paragraph (1), (3), or (10) of
subdivision (a) of Section 44932 at any time before the matter
is submitted for decision.
SEC. 15. Section 44944 of the Education Code is
amended to read:
44944. (a) (1) In a proceeding for dismissal or suspension for
more than 30 workdays initiated pursuant to Section 44934, if a
hearing is requested by the employee, the matter shall be submitted
for decision within 12 months from the date of the employee's demand
for a hearing. The administrative law judge on the hearing panel may
grant extensions beyond 12 months for good cause, and shall grant
extensions beyond 12 months upon a stipulation by all parties.
(2) The hearing shall be initiated, 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. However, the
hearing date shall be established after consultation with the
employee and the governing board, or their representatives, and the
hearing panel shall have all of the power granted to an agency in
that chapter, except that the right of discovery of the parties shall
not be limited to those matters set forth in Section 11507.6 of the
Government Code but shall include the rights and duties of any party
in a civil action brought in a superior court pursuant to Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure. In all cases, discovery shall be completed at least seven
calendar days before the final status conference required by
subdivision (b).
(3) (A) If the right of discovery granted under paragraph (2) is
denied by either the employee or the governing board, all of the
remedies specified in Chapter 7 (commencing with Section 2023.010) of
Title 4 of Part 4 of the Code of Civil Procedure shall be available
to the party seeking discovery and the court of proper jurisdiction,
to entertain his or her motion, shall be the superior court of the
county in which the hearing will be held.
(B) The time periods specified in this section and of Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code and of Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure shall not be
applied so as to deny discovery in a hearing conducted pursuant to
this section.
(C) Delays incurred pursuant to this paragraph shall not count
toward the deadline by which the matter must be submitted for
decision required by paragraph (1).
(4) The superior court of the county in which the hearing will be
held may, upon motion of the party seeking discovery, suspend the
hearing so as to comply with the requirement of the preceding
paragraph.
(5) A witness shall not be permitted to testify at the hearing
except upon oath or affirmation. Testimony shall not be given or
evidence introduced relating to matters that occurred more than four
years before the date of the filing of the notice unless it is
relevant to the resolution of a charge pursuant to paragraph (3) of
subdivision (a) of Section 44932 or, with respect to any charge, it
is relevant for purposes of rebuttal, impeachment of a witness, or
showing that notice was given.
(b) The administrative law judge on the hearing panel shall hold a
final status conference at least seven calendar days before the
hearing is to commence to rule on procedural matters, including, but
not limited to, challenges to the qualifications of members of the
Commission on Professional Competence, as specified in paragraph (2)
of subdivision (c), if applicable, discovery disputes, and other
procedural motions. The administrative law judge on the hearing panel
may require other status or case management conferences as
necessary.
(c) (1) If the employee is charged with a charge pursuant to
paragraph (2), (6), or (9) of subdivision (a) of Section 44932, a
Commission on Professional Competence shall conduct the hearing
provided for in this section and shall comprise the hearing panel.
One member of the Commission on Professional Competence shall be
selected by the employee, one member shall be selected by the
governing board, and the third member shall be an administrative law
judge of the Office of Administrative Hearings who shall be
chairperson of the Commission on Professional Competence, a voting
member of the Commission on Professional Competence, and responsible
for performing all duties required of an administrative law judge by
this article, ruling on procedural motions, and ensuring that the
legal rights of the parties are protected at the hearing. If either
the governing board or the employee for any reason fails to select a
Commission on Professional Competence member at least 30 calendar
days before the date of the hearing, the failure 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.
(2) (A) 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 and shall hold a currently valid credential and have at
least three years' experience within the past 10 years in the
elementary or secondary grade level discipline of the employee.
(B) For purposes of subparagraph (A), "elementary grade level"
means kindergarten and grades 1 to 6, inclusive, and "secondary grade
level" means grades 7 to 12, inclusive.
(3) If an employee is charged with a charge pursuant to paragraph
(1), (3), (4), (5), (7), (8), (10), or (11) of subdivision (a) of
Section 44932, the hearing panel shall be comprised solely of an
administrative law judge of the Office of Administrative Hearings.
(d) (1) For a charge pursuant to paragraph (2), (6), or (9) of
subdivision (a) of Section 44932, or Section 44933, the decision of
the Commission on Professional Competence shall be made by a majority
vote. For all other charges, the decision shall be made solely by
the administrative law judge.
(2) The hearing panel 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.
(3) The decision of the hearing panel that the employee should not
be dismissed or suspended shall not be based on nonsubstantive
procedural errors committed by the school district or the governing
board unless the errors are prejudicial errors.
(4) The hearing panel shall not have the power to dispose of the
charge of dismissal by imposing probation or other alternative
sanctions.
(5) The decision of the hearing panel shall be deemed to be the
final decision of the governing board.
(6) 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.
(7) The governing board and the employee shall have the right to
be represented by counsel before the hearing panel.
(e) (1) If the Commission on Professional Competence 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 on Professional
Competence.
(2) 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.
(f) (1) If the hearing panel determines that the employee should
be dismissed or suspended, the governing board shall pay the expenses
of the hearing, including the cost of the administrative law judge.
The state shall pay any costs incurred under paragraph (2) of
subdivision (e), and, if the Commission on Professional Competence
comprises the hearing panel, the reasonable expenses, as determined
by the administrative law judge on the hearing panel, or another
administrative law judge assigned by the Office of Administrative
Hearings, 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 to the state
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 hearing panel 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 paragraph (2) of subdivision (e), and, if
the Commission on Professional Competence comprises the hearing
panel, the reasonable expenses, as determined by the administrative
law judge on the hearing panel, 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. The governing board and the employee shall
pay their own attorney's fees.
(3) Notwithstanding paragraph (1), the employee shall pay all the
expenses identified in paragraph (1), except the governing board's
attorney fees, if the hearing panel determines that the employee's
decision to demand a hearing was a frivolous tactic that wasted
public resources.
(4) As used in this section, "reasonable expenses" shall not be
deemed "compensation" within the meaning of subdivision (e).
(5) If either the governing board or the employee petitions a
court of competent jurisdiction for review of the decision of the
Commission on Professional Competence, the payment of expenses to
members of the Commission on Professional Competence required by this
subdivision shall not be stayed.
(6) If the decision of the Commission on Professional Competence
is finally reversed or vacated by a court of competent jurisdiction,
either the state, having paid the Commission on Professional
Competence 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.
(g) If the employee is charged with a charge pursuant to paragraph
(2), (6), or (9) of subdivision (a) of Section 44932, or Section
44933, the hearing provided for in this section shall be conducted in
a place selected by agreement among the members of the hearing
panel. For all other hearings, the place shall be selected by the
administrative law judge on the hearing panel.
SEC. 11. 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 60 days from the date of the
employee's demand for a hearing. The hearing shall be initiated,
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. However, the hearing date shall be established
after consultation with the employee and the governing board, or
their representatives, and the Commission on Professional Competence
shall have all of the power granted to an agency in that chapter,
except that the right of discovery of the parties shall not be
limited to those matters set forth in Section 11507.6 of the
Government Code but shall include the rights and duties of any party
in a civil action brought in a superior court under Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure. Notwithstanding any provision to the contrary, and except
for the taking of oral depositions, no discovery shall occur later
than 30 calendar days after the employee is served with a copy of the
accusation pursuant to Section 11505 of the Government Code. In all
cases, discovery shall be completed prior to seven calendar days
before the date upon which the hearing commences. If any continuance
is granted pursuant to Section 11524 of the Government Code, the time
limitation for commencement of the hearing as provided in this
subdivision shall be extended for a period of time equal to the
continuance. However, the extension shall not include that period of
time attributable to an unlawful refusal by either party to allow the
discovery provided for in this section.
(2) If the right of discovery granted under paragraph (1) is
denied by either the employee or the governing board, all of the
remedies in Chapter 7 (commencing with Section 2023.010) of Title 4
of Part 4 of the Code of Civil Procedure shall be available to the
party seeking discovery and the court of proper jurisdiction, to
entertain his or her motion, shall be the superior court of the
county in which the hearing will be held.
(3) The time periods in this section and of Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code and of Title 4 (commencing with Section 2016.010) of
Part 4 of the Code of Civil Procedure shall not be applied so as to
deny discovery in a hearing conducted pursuant to this section.
(4) The superior court of the county in which the hearing will be
held may, upon motion of the party seeking discovery, suspend the
hearing so as to comply with the requirement of the preceding
paragraph.
(5) 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
prior to the date of the filing of the notice. 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 prior to
the filing of the notice.
(b) (1) The hearing provided for in this section shall be
conducted by 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. If either the governing board or the
employee for any reason fails to select a commission member at least
seven calendar days prior to the date of the hearing, the failure
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.
(2) 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 and shall hold a currently valid credential and have at
least five 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) (c)
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 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.
(2) 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 employee shall share equally the expenses of the
hearing, including the cost of the administrative law judge. The
state shall pay any costs incurred under paragraph (2) 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 paragraph (2)
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) (A) 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.
(B) Additionally, either the employee, having paid a portion of
the expenses of the hearing, including the cost of the administrative
law judge, shall be entitled to reimbursement from the governing
board for the expenses, or the governing board, having paid its
portion and the employee's portion of the expenses of the hearing,
including the cost of the administrative law judge, shall be entitled
to reimbursement from the employee for that portion of the expenses.
(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. 12. Section 44944.2 is added to the
Education Code , to read:
44944.2. Notwithstanding Section 44944, if an employee is charged
only with one or more charges pursuant to paragraph (1), (3), or
(10) of subdivision (a) of Section 44932, all of the following shall
apply:
(a) The Commission on Professional Competence shall be comprised
of only an administrative law judge.
(b) (1) In a proceeding for dismissal or suspension initiated
pursuant to Section 44934, if a hearing is requested by the employee,
the matter shall be submitted for decision within 12 months from the
date of the employee's demand for a hearing. The administrative law
judge may grant extensions beyond 12 months for good cause, and shall
grant extensions beyond 12 months upon a stipulation by all parties.
(2) To initiate a hearing, amend charges, conduct discovery,
conduct a hearing, or render a decision, the administrative law judge
shall act in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
However, the hearing date shall be established after consultation
with the employee and the governing board, or their representatives,
and the administrative law judge shall have all of the power granted
to an agency in that chapter.
(3) A witness shall not be permitted to testify at the hearing
except upon oath or affirmation. Testimony may be given or evidence
introduced relating to matters that occurred more than four years
before the date of the filing of the notice unless it is not
relevant.
(c) (1) If the administrative law judge determines that the
employee should be dismissed or suspended, the state shall pay the
expenses of the hearing, including the cost of the administrative law
judge. The Controller shall pay all claims submitted to the state
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 administrative law judge 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. The governing board and the employee shall pay their own
attorney's fees.
(3) Notwithstanding paragraph (1), the employee shall pay all the
expenses identified in paragraph (1), except the governing board's
attorney fees, if the administrative law judge determines that the
employee's decision to demand a hearing was a frivolous tactic that
wasted public resources.
(4) If either the governing board or the employee petitions a
court of competent jurisdiction for review of the decision of the
administrative law judge, the payment of expenses to the
administrative law judge required by this subdivision shall not be
stayed.
(5) If the decision of the administrative law judge is reversed or
vacated by a court of competent jurisdiction, either the state,
having paid the administrative law judge's 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.
SEC. 16. Section 44944.5 is added to the
Education Code, to read:
44944.5. Notwithstanding Section 44924, an employee may waive his
or her due process rights afforded pursuant to this article as part
of a contract or agreement between the school district, the employee,
and if applicable, the employee's exclusive representative. Nothing
in this section shall supersede the requirements of Section 44930.5.
SEC. 17. Section 44945 of the Education Code is
amended to read:
44945. The decision of the hearing panel may, on petition of
either the governing board or the employee, be reviewed by a court of
competent jurisdiction in the same manner as a decision made by a
hearing officer under Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. The court, on
review, shall exercise its independent judgment on the evidence. The
proceeding shall be set for hearing at the earliest possible date
and shall take precedence over all other cases, except older matters
of the same character and matters to which special precedence is
given by law.
SEC. 18. SEC. 13. Section 44947 of
the Education Code is amended to read:
44947. If an employee is dismissed based on a charge pursuant to
paragraph (1), (3), (4), (5), (7), (8), (10), or (11)
or (10) of subdivision (a) of Section 44932, the
governing board shall transmit to the Commission on Teacher
Credentialing and to the county board of education that issued the
certificate under which the employee was serving at the time of his
or her dismissal, a copy of the reporter's transcript of
the hearing accompanied by a request that any certificate issued by
the county board of education to the employee be revoked if the
employee is not reinstated upon appeal.
SEC. 19. SEC. 14. 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.