BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Alan Lowenthal, Chair
2011-12 Regular Session
BILL NO: SB 1530
AUTHOR: Padilla
AMENDED: March 27, 2012
FISCAL COMM: Yes HEARING DATE: April 18, 2012
URGENCY: No CONSULTANT:Beth Graybill
SUBJECT : School employees: dismissal, suspension, and leave
of absence procedures.
SUMMARY
This bill modifies notice and hearing procedures relating to
the dismissal and suspension of certificated employees as
specified.
BACKGROUND
Current law prohibits the dismissal of a certificated
employee who has achieved permanent status except for one or
more of the following causes:
(Education Code � 44932)
Immoral or unprofessional conduct.
Commission, aiding, or advocating the commission of acts
of criminal syndicalism.
Dishonesty.
Unsatisfactory performance.
Evident unfitness for service.
Physical or mental condition unfitting him or her to
instruct or associate with children.
Persistent violation of or refusal to obey state laws or
regulations pertaining to schools.
Conviction of a felony or of any crime involving moral
turpitude.
Violation of the prohibition against advocating or
teaching communism with the intent to indoctrinate or
inculcate in the mind of any pupil a preference for
communism.
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Knowing membership in the Communist Party.
Alcoholism or other drug abuse which makes the employee
unfit to instruct or associate with children.
Current law requires a governing board to notify an employee
in writing of its intention to dismiss or suspend him or her
at the expiration of 30 days unless the employee demands a
hearing. Current law prohibits a 30-day Notice of Intent to
Dismiss or Suspend (30-day Notice) from being given between
May 15 and September 15 in any year. (EC � 44934 and EC �
44936)
The Legislature has established additional notice
requirements school districts must follow when seeking to
suspend or dismiss an employee for unprofessional conduct or
unsatisfactory performance. Before a governing board can
take action to issue a 30-day Notice for either of these
causes, the following must occur:
a) Unprofessional Conduct : The employee must
be given advance notice of at least 45 days. A
Notice of Unprofessional Conduct must specify the
nature of the cause, list specific instances of
behavior and furnish the employee an opportunity to
correct the faults and overcome the grounds of the
charge. The notice must also include a copy of the
employee's evaluation. (EC � 44938(a))
b) Unsatisfactory Performance : The employee
must be given advance notice of at least 90 days.
A Notice of Unsatisfactory Performance must specify
the nature of the performance issues, with specific
instances of behavior with "such particularity" as
to furnish the employee an opportunity to correct
his or her faults and overcome the grounds for the
charge. The notice must also include a copy of the
employee's evaluation. (EC � 44938(b))
Current law authorizes the immediate suspension of a
permanent employee for specified conduct including:
a) Immoral conduct.
b) Conviction of a felony or any crime
involving moral turpitude.
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c) Incompetency due to mental disability.
d) Willful refusal to perform regular
assignments without reasonable cause.
e) Advocating communism or knowing membership
in the Communist Party. (EC � 44939)
Existing law requires that a dismissal or suspension hearing
requested by an employee must begin within 60 days of an
employee's request and further:
a) Requires that the hearing be conducted by a
Commission on Professional Competence (CPC) made up
of three members:
i) One member selected by the employee;
ii) One member selected by the governing
board; and,
iii) An Administrative Law Judge (ALJ)
who serves as the chair.
b) Provides that the decision made by the CPC
is made by majority vote and deems the decision of
the CPC to be the final decision of the governing
board.
c) Specifies that members of the CPC may not
be employees of the district and must have at least
five years of experience (within the last ten) in
the discipline of the employee.
d) Prohibits testimony or evidence relating to
matters that occurred more than four years prior to
the date of the filing of the notice, and prohibits
a decision relating to the dismissal or suspension
of any employee from being made based on charges or
evidence of any nature relating to matters
occurring more than four years prior to the filing
of the notice. Specifies that evidence of records
regularly kept by the governing board may be
introduced, but no decision relating to the
dismissal or suspension of any employee can be made
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based on charges or evidence of any nature relating
to matters occurring more than four years prior to
the filing of the notice.
e) Specifies that members of a CPC receive
their regular salary, fringe benefits, accumulated
sick leave and other leaves and benefits but
receive no additional compensation.
f) Specifies that in the event the employee is
dismissed or suspended, the employee will share
equally the expenses of the hearing including the
cost of the ALJ.
g) Specifies that in the event that the
employee will not be dismissed or suspended, the
governing board will pay the expenses of the
hearing, including the cost of the ALJ, the cost of
the educators serving on the CPC, and reasonable
attorney's fees incurred by the employee.
(EC � 44944)
Current law establishes certain crimes as "mandatory leave of
absence offenses" and requires school districts to place an
employee criminally charged of those offenses on a compulsory
leave of absence. Mandatory offenses include sex offenses
specified in EC � 44010 and offenses involving aiding or
abetting the unlawful sale, use, or exchange to minors of
specified controlled substances with the exception of
marijuana, mescaline, peyote, or tetrahydrocannabinols.
(EC � 44940 and � 44940.5)
Existing law establishes certain crimes as "optional leave of
absence offenses" and authorizes (but does not require)
school districts to place an employee charged with those
offenses on a compulsory leave of absence. These offenses
include controlled substance offenses specified in EC �
44011, a violation or attempted violation of specified
sections of the Penal Code and Health and Safety Code insofar
as these sections relate to any controlled substances except
marijuana, mescaline, peyote, or tetrahydrocannabinols. (EC
� 44940.5)
ANALYSIS
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This bill :
1) Modifies suspension and dismissal procedures for the
offenses defined in the following statutes (see Appendix
A):
a) Sexual misconduct offenses specified in EC �
44010.
b) Controlled substances offenses specified in EC
� 44011.
c) Penal Code offenses specified in PC � 11165.2
to � 11165.6 inclusive.
For the Specified Offenses only,
d) Removes the prohibition against issuing 30-day
Notice between May 15 and September 15.
e) Specifies that a Commission on Professional
Competence (CPC) shall consist of an administrative
law judge (ALJ) of the Office of the Administrative
Hearings. Requires the place for the hearing to be
selected by the ALJ.
f) Authorizes testimony and evidence relating to
matters that occurred more than four years prior to
the issuance of the 30-day Notice to be introduced
at a hearing.
g) Deems the decision of the ALJ to be advisory
to the governing board.
2) Makes the following changes pertaining to the suspension
or dismissal of a permanent employee for unprofessional
conduct:
a) Deletes the definition of unprofessional
conduct.
b) Eliminates the requirement to issue a 45-day
Notice of Unprofessional Conduct prior to filing a
charge with the governing board.
c) Adds unprofessional conduct to the conditions
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for which a governing board may immediately suspend
a permanent employee.
3) Removes marijuana, mescaline, peyote, and
tetrahydrocannabinols as exceptions to the controlled
substance offenses for which a certificated employee may
be charged with a mandatory or optional leave of absence
offense.
4) Requires local agencies and school districts to be
reimbursed for costs if the Commission on State Mandates
determines that this act contains costs mandated by the
state.
STAFF COMMENTS
1) Need for the bill : According to the author, existing
dismissal statutes make it difficult for governing
boards to dismiss employees who engage in serious
misconduct. Dismissal proceedings are often long and
costly. The requirement to give employees who engage in
unprofessional conduct 45 days to correct their behavior
is often too long. Additionally, the prohibition
against issuing a 30-day Notice between May 15 and
September 15 can limit the ability of a school district
to address issues in a timely manner. The author
maintains that because governing boards are responsible
for the safety of pupils enrolled in the schools under
their jurisdiction, they should have the authority to
dismiss employees who jeopardize that safety or
otherwise engage in conduct that harms pupils. This
bill addresses two problematic areas for employers: The
suspension and dismissal of certificated employees who
engage in unprofessional conduct and the dismissal of
employees charged with committing specified criminal
offenses.
2) Unprofessional conduct . This bill eliminates the
preliminary notice requirement for unprofessional
conduct and provides specific authority for a school
district to immediately suspend an employee for this
type of conduct. Of the 11 statutory causes for
dismissal, only unprofessional conduct and
unsatisfactory performance require a preliminary notice
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before a governing board can issue a 30-day Notice of
Intent to Dismiss or Suspend. The preliminary notice
requirement for these two causes is based on the notion
that an employee should be given an opportunity to
improve or correct his or her behavior before a final
disciplinary action. Specifically, issues related to
unsatisfactory performance should be remediated within
90 days while unprofessional conduct should be corrected
within a 45-day period.
Case law supports the notion that unprofessional conduct
revolves around responsibilities relative to the
employment setting, such as the employee's duties and
how the employee relates to colleagues, parents, and
students, etc. The line between immoral conduct and
unprofessional conduct is not always clear. Actions
such as writing love notes to students, while clearly
"unprofessional" may, for purposes of pursuing a cause
for dismissal, fall in the category of immoral conduct,
while using profane language and swearing at students
may fit the category of unprofessional conduct. Adding
to the confusion is the range and severity of conduct
considered to be unprofessional. Under existing law, an
employer would need to provide the same 45-day
remediation period to an employee with a persistent
attendance problem as it would the employee who commits
a more serious act, such as directing a hateful or
insulting comment at a student. When there is a single,
egregious breach of conduct, providing employers with
greater latitude to immediately implement a short
discipline (like a two-day suspension) seems to make
sense and potentially gives the employee an appropriate
"cooling off" period. Moreover, it could reduce any
inappropriate use of an "immoral conduct" charge in
order to effect a suspension.
Removing the preliminary notice requirement raises the
question of whether an employee would be given an
adequate opportunity to improve before receiving 30-day
Notice. However, employers indicate that persistent
unprofessional conduct problems are typically addressed
through documentation and progressive discipline over a
period of time. In these instances, the existing 45-day
remediation period provides an employee with "one last
chance" to improve. The challenge comes with
unprofessional conduct that has the potential to have a
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serious and/or immediate harmful impact on students.
Given how broadly unprofessional conduct is defined,
should the Education Code distinguish between conduct
that is egregious or immediately harmful and conduct
that may be detrimental to student learning or the
school community?
This bill deletes the current statutory definition of
unprofessional conduct. While case law will continue to
shape and define the types of conduct that may be
considered unprofessional, school districts and
employees should have some statutory definition to turn
to for guidance. To assist school districts in
addressing unprofessional conduct, the existing
statutory definition should be retained.
3) Modifies dismissal protocols for specified offenses .
This bill modifies dismissal procedures for employees
who are charged with specified criminal offenses
involving sexual misconduct, controlled substances, or
actions harming or endangering children (Specified
Offenses). By removing exemptions that currently exist
for the unlawful sale, exchange and use of marijuana,
mescaline, peyote, or tetrahydrocannabinols, this bill
makes those offenses "mandatory leave of absence"
offenses, which will require notification of the
Commission on Teacher Credentialing.
Removes the summer moratorium for Specified Offenses.
Employers argue that the moratorium against issuing a
30-day Notice between May 15 and September 15 limits
their ability to address issues in a timely manner and
makes little sense if the misconduct occurs during that
period. Although current law allows governing boards to
issue a 30-day Notice when they suspend an employee for
causes specified in � 44939, the law does not clearly
specify notices for those offenses may be issued during
the summer. Such a clarification could be helpful.
This bill authorizes school districts to issue a 30-day
Notice to an employee charged with a Specified Offense
any time during the year, which could remove a
burdensome restriction on the notification process for
serious offenses.
Modifies who conducts the hearing. This bill requires a
dismissal hearing requested by an employee charged with
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one of the Specified Offenses to be conducted solely by
an ALJ instead of the traditional three-person
commission on professional competence. The state's
employment and credential discipline process for
teachers is based on a "jury of peers" model, which
allows the legal issues pertaining to the removal of an
educator's job or credential to be considered in the
context of an educator's practice. While the
participation of educator specialists may be of benefit
for most dismissal cases, it is not clear that
professional competency or classroom experience would be
as relevant in matters involving criminal offenses.
Rather than establish this process as a one-person CPC,
would it make sense to simply indicate that the hearings
for Specified Offenses will be conducted solely by an
administrative law judge?
Allows the introduction of relevant, historical information.
This bill would make it easier to include relevant
evidence by allowing information that is more than four
years old to be considered only in hearings related to a
Specified Offense. This change could enable employers
to establish a pattern of behavior over time and would
enable the ALJ to consider the evidence in the context
of that behavior.
Shifts authority to the governing board. For cases involving
a Specified Offense, this bill makes the decision of the
ALJ advisory to a governing board. While governing
boards could theoretically move forward with a dismissal
when an ALJ recommends reinstatement, the potential for
a wrongful termination lawsuit suggests otherwise.
However, by empowering a governing board to have the
final say, this bill could have a chilling effect on
employees considering whether or not to exercise their
due process rights to a hearing. To assure due process,
it may make sense to require governing boards to follow
specified procedures in the adoption or rejection of an
ALJ's recommendation where, for example, a board
rejecting the recommendation would be required to decide
the case based on the record or transcript of the
hearing and afford the employee the opportunity to
present either oral or written argument before the board
in closed session. Given the ALJ would be required to
conduct the proceedings in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3
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of Title 2 of the Government Code, it seems appropriate
to require governing boards to follow standardized
procedures once an ALJ's proposed decision is received.
4) Suggested amendments . The Committee may wish to
consider the following amendments:
a) Clarify that a notice of dismissal or
suspension in a proceeding for charges specified in
� 44939, may be issued any time during the year.
b) Reinstate the requirement for a 45-day
preliminary notice for unprofessional conduct and
make a conforming change to reinstate the
definition of unprofessional conduct currently
specified in � 44938.
c) Clarify that the authority to immediately
suspend an employee for unprofessional conduct
pursuant to � 44939 would be for serious/egregious
unprofessional conduct that could have an immediate
impact on pupils.
d) Clarify that for the Specified Offenses, a
hearing shall be conducted by an administrative law
judge, not a commission on professional competence.
e) Ensure there is a fair and reasonable due
process that governs the final decision regarding
the discipline of the employee such that a board,
in rejecting an ALJ's recommendation, would be
required to decide the case upon the record,
including the hearing transcript, and afford the
employee the opportunity to present either oral or
written argument before the board in closed
session.
5) Related and prior legislation . This bill is somewhat
similar to SB 1059 (Huff), also scheduled to hear on
April 18, 2012, which also modifies procedures relating
to the suspension and dismissal of employees.
AB 2028 (Knight). This bill, identical to SB 1059, modifies
procedures relating to the suspension, dismissal and
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leave of absence of employees. This measure was heard
by the Assembly Education Committee on April 11, 2012.
SB 355 (Huff, 2011) authorized the governing board of a
school district to evaluate and assess the performance
of certificated employees using a multiple-measures
evaluation system, authorizes school districts to make
specified employment decisions based on teacher
performance, and expands the reasons districts may
deviate from the order of seniority in terminating and
reappointing teachers, as specified. This bill failed
passage in this Committee on a 3-2 vote.
SB 955 (Huff, 2010) proposed various changes to statutes
governing the layoff and dismissal of certificated
educators, and would have given governing boards the
final say over dismissal cases. This bill was passed by
this Committee on a 5-4 vote and later held by the
Senate Rules Committee.
SUPPORT
Alliance for a Better Community
Children Now
Democrats for Education Reform
Education Trust West
Los Angeles Mayor Antonio R. Villaraigosa
Los Angeles Unified School District
Mexican American Legal Defense and Educational Fund
Partnership for Los Angeles Schools
Santa Ana Police Department
Visalia Unified School District
Youth Policy Institute
Individual letter
OPPOSITION
California Federation of Teachers
California Teachers Association
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Appendix A
Specified Offenses Covered by SB 1530
--------------------------------------------------------------
|Penal Code | Offense |� 44010 |
| Section | |Subsecti|
| | | on |
|-----------+-----------------------------------------+--------|
|220 |Assault to commit rape | (a) |
|-----------+-----------------------------------------+--------|
|243.4 |Sexual battery | |
|(a)(b)(c)(d| | |
|) | | |
|-----------+-----------------------------------------+--------|
|261 |Rape | |
|-----------+-----------------------------------------+--------|
|261.5 |Unlawful sexual intercourse with minor | |
| |(statutory rape) | |
|-----------+-----------------------------------------+--------|
|262 |Rape of spouse by force/fear/threat | |
|-----------+-----------------------------------------+--------|
|264.1 |Aiding and abetting rape | |
|-----------+-----------------------------------------+--------|
|266 |Entice minor female for | |
| |prostitution/etc. | |
|-----------+-----------------------------------------+--------|
|266j |Providing or transporting child under 16 | |
| |for lewd or lascivious act | |
|-----------+-----------------------------------------+--------|
|267 |Abduct minor for prostitution | |
|-----------+-----------------------------------------+--------|
|272 |(on or after 9/15/61) Contributing to | (e) |
| |the delinquency of a minor involving | |
| |lewd/lascivious conduct | |
|-----------+-----------------------------------------+--------|
|285 |Incest | (a) |
|-----------+-----------------------------------------+--------|
|286 |Sodomy | (a), |
| | | (g) |
|-----------+-----------------------------------------+--------|
|288 |Lewd or lascivious acts with child under | (a) |
| |14 years | |
|-----------+-----------------------------------------+--------|
|288.5 |Lewd or lascivious acts | (a) |
|-----------+-----------------------------------------+--------|
|288a |Oral copulation | (a), |
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| | | (g) |
|-----------+-----------------------------------------+--------|
|289 |Penetration by foreign object | (a) |
|-----------+-----------------------------------------+--------|
|290 |Registration as a sex offender and any | (j) |
| |conviction resulting in requirement to | |
| |register as a sex offender | |
|-----------+-----------------------------------------+--------|
|311(1) |Indecent exposure (after 9/7/55 but | (d) |
| |before 9/15/61) | |
|-----------+-----------------------------------------+--------|
|311(2) |(before 9/15/61) Procuring another's | (b) |
| |lewd exposure or excitation lewd | |
| |thoughts | |
|-----------+-----------------------------------------+--------|
|311.1 |Sent or brought into state for sale or | (a) |
| |distribution, matter depicting sexual | |
| |conduct by minor | |
|-----------+-----------------------------------------+--------|
|311.2 |Sending or bringing into state for sale | |
| |or distribution, matter depicting sexual | |
| |conduct by minor; transaction with minor | |
|-----------+-----------------------------------------+--------|
|311.3 |Sexual exploitation of a child | |
|-----------+-----------------------------------------+--------|
|311.4 |Employment or use of minor to perform | |
| |prohibited acts | |
|-----------+-----------------------------------------+--------|
|311.10 |Advertising for sale or distribution | |
| |obscene matter depicting a person under | |
| |the age of 18 years engaging in or | |
| |simulating sexual conduct | |
|-----------+-----------------------------------------+--------|
|311.11 |Possession or control of matter | |
| |depicting minor engaging or simulating | |
| |sexual conduct | |
|-----------+-----------------------------------------+--------|
|313.1 |Distribute harmful matter to minors | |
|-----------+-----------------------------------------+--------|
|314 |Indecent exposure (on or after 9/15/61) | (c) |
|-----------+-----------------------------------------+--------|
|647(a) |Disorderly conduct: solicit lewd act | (a) |
|-----------+-----------------------------------------+--------|
|647(d) |Disorderly conduct: loiter in or about | |
| |toilet | |
|-----------+-----------------------------------------+--------|
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|647a |(Before 12/31/87) Annoy/molest children | |
|-----------+-----------------------------------------+--------|
|647b |Loitering about adult schools; molesting | |
| |of pupils | |
|-----------+-----------------------------------------+--------|
|647(5) |(Before 9/15/61) Vagrancy, lewd: | (b) |
| |solicitation of homosexual activity | |
|-----------+-----------------------------------------+--------|
|647.6 |(After 1/1/88) Annoy/molest children | (a) |
|-----------+-----------------------------------------+--------|
|Various |Any attempt to commit any of the | (h) |
| |above-mentioned offenses | |
|-----------+-----------------------------------------+--------|
|Various |Any commission or attempt in another | (i) |
| |state or against the laws of the U.S. | |
| |which if committed in California would | |
| |have been punishable as one or more of | |
| |the above-mentioned offenses (including | |
| |PC � 290) | |
|-----------+-----------------------------------------+--------|
|W&I � 702 |(prior to 9/15/61) Lewd and lascivious | (f) |
| |conduct | |
|-----------+-----------------------------------------+--------|
|W&I � 6300 |Commitment as a mentally disordered sex | (k) |
| |offender under former article | |
| |(commencing with � 6300, repealed in | |
| |1981) | |
|-----------+-----------------------------------------+--------|
| | | |
--------------------------------------------------------------
--------------------------------------------------------------
| Health & | Offense |� 44011 |
| Safety | |Subsecti|
| Code | | on |
| Section | | |
|-----------+-----------------------------------------+--------|
|11350 |Possession of designated controlled | (a) |
| |substances | |
|-----------+-----------------------------------------+--------|
|11351 |Possession/purchase of designated | |
| |controlled substances for sale | |
|-----------+-----------------------------------------+--------|
|11351.5 |Possession of cocaine for sale | |
|-----------+-----------------------------------------+--------|
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|11352 |Transportation/etc. designated | |
| |controlled substances | |
|-----------+-----------------------------------------+--------|
|11352.1 |Dispensing or furnishing drugs without a | |
| |license | |
|-----------+-----------------------------------------+--------|
|11352.5 |Sale of heroin | |
|-----------+-----------------------------------------+--------|
|11353 |Adult induces/etc. minor to violate | |
| |controlled substance provisions | |
|-----------+-----------------------------------------+--------|
|11353.1 |Violation of 11353 by an adult near | |
| |other minors | |
|-----------+-----------------------------------------+--------|
|11353.4 |Multiple violations of 11353 by an | |
| |adult; involving minor under 14 yrs. | |
|-----------+-----------------------------------------+--------|
|11353.5 |Sale/etc. of controlled substance by | |
| |adult to a minor under 14 and near other | |
| |minors | |
|-----------+-----------------------------------------+--------|
|11354 |Minor induces/etc. another minor to | |
| |violate controlled substance prov. | |
|-----------+-----------------------------------------+--------|
|11355 |Sale/etc. of substance in lieu of | |
| |controlled substance | |
|-----------+-----------------------------------------+--------|
|11361 |Employment of minor under 14 to | |
| |transport/sell/etc. | |
|-----------+-----------------------------------------+--------|
|11366 |Open/maintain place to sell/etc. | |
| |controlled substance | |
|-----------+-----------------------------------------+--------|
|11368 |Forged or altered narcotic prescription | |
|-----------+-----------------------------------------+--------|
|11377 |Possession of controlled substance | |
|-----------+-----------------------------------------+--------|
|11378 |Possession of controlled substance for | |
| |sale | |
|-----------+-----------------------------------------+--------|
|11378.5 |Possession of phencyclidine for sale | |
|-----------+-----------------------------------------+--------|
|11379 |Transportation/etc. of controlled | |
| |substance | |
|-----------+-----------------------------------------+--------|
|11379.2 |Possession for sale, or sale of ketamine | |
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|-----------+-----------------------------------------+--------|
|11379.5 |Transportation/etc. of phencyclidine | |
|-----------+-----------------------------------------+--------|
|11379.6 |Manufacture/etc. of controlled | |
| |substances | |
|-----------+-----------------------------------------+--------|
|11379.7 |Violation of specified offenses near | |
| |child under 16 | |
|-----------+-----------------------------------------+--------|
|11379.8 |Violation of 11379.6 with specified | |
| |controlled substances | |
|-----------+-----------------------------------------+--------|
|11379.9 |Causing death or great bodily injury of | |
| |another person | |
|-----------+-----------------------------------------+--------|
|11380 |Use/etc. of minor to violate controlled | |
| |substance provisions | |
|-----------+-----------------------------------------+--------|
|11380.1 |Violation of 11380 with specified | |
| |controlled substances | |
|-----------+-----------------------------------------+--------|
|11380.5 |Furnishing/etc. minor with specified | |
| |controlled substances | |
|-----------+-----------------------------------------+--------|
|11382 |Sale/etc. of substance in lieu of | |
| |controlled substance | |
|-----------+-----------------------------------------+--------|
|11550 |Use/under the influence of controlled | |
| |substance | |
|-----------+-----------------------------------------+--------|
|Various |Any offense committed or attempted in | (b) |
| |another state or against the laws of the | |
| |U.S. which, if committed or attempted in | |
| |this state would have been punished as | |
| |one or more of the offenses above. | |
|-----------+-----------------------------------------+--------|
|11500 |(fmr section) Unlawful possession of a | (c) |
| |controlled substance | |
|-----------+-----------------------------------------+--------|
|11500.5 |(fmr section) Unlawful possession of | |
| |controlled substance for sale | |
|-----------+-----------------------------------------+--------|
|11501 |(fmr section) Unlawful transportation of | |
| |controlled substance | |
|-----------+-----------------------------------------+--------|
|11502, |(fmr section) Inducing minor's violation | |
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|11502.1 |of controlled substance law | |
|-----------+-----------------------------------------+--------|
|11503 |(fmr section) Unlawful sale, transport, | |
| |etc. of controlled substance | |
|-----------+-----------------------------------------+--------|
|11557 |(fmr section) Operating or maintaining | |
| |place for dispensing controlled | |
| |substance | |
|-----------+-----------------------------------------+--------|
|11715 |(fmr section) Forging or altering | |
| |prescription | |
|-----------+-----------------------------------------+--------|
|11721 |(fmr section) Prohibited use or being | |
| |under influence of controlled substance | |
|-----------+-----------------------------------------+--------|
|Various |Any attempt to commit any of the | (d) |
| |offenses above | |
--------------------------------------------------------------
--------------------------------------------------------------
|Penal Code | Harm to Children Offense |
| Section | |
--------------------------------------------------------------
|11165.2 |Child neglect |
--------------------------------------------------------------
|11165.3 |Willful harming or injuring a child or |
| |endangering the person or health of a child |
--------------------------------------------------------------
|11165.4 |Unlawful corporal punishment or injury |
--------------------------------------------------------------
|11165.5 |Abuse or neglect in out-of-home care |
|-----------+--------------------------------------------------|
|11165.6 |Child abuse or neglect |
| | |
--------------------------------------------------------------