Amended in Senate February 25, 2014

Senate Bill No. 843

Introduced by Senator Correa

January 7, 2014

An act to amend begin delete Section 1008 of end delete begin insert 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 to, end insert the Education Code, relating to begin delete county educational agencies. end delete begin insert school employees. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 843, as amended, Correa. begin delete County boards of education: vacancies. end delete begin insert School employees: discipline: dismissal and suspension. end insert

begin insert

(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.

end insert begin insert

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 the governing board of a school district to immediately suspend a permanent employee for specified charges.

end insert begin insert

(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.

end insert begin insert

This bill would instead require each hearing to be heard by a hearing panel, consisting of, for specified charges, 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.

end insert begin insert

(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.

end insert begin insert

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.

end insert begin insert

(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.

end insert begin insert

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.

end insert begin insert

(5) 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.

end insert begin insert

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. The bill would require 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 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 rescind the notice at any time before the matter is submitted for decision.

end insert begin insert

(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.

end insert begin insert

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.

end insert begin insert

(7) 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.

end insert begin insert

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’ 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. 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.

end insert begin insert

(8) Existing law provides that a certificated employee may be charged with a mandatory leave of absence offense for certain sex offenses or controlled substance offenses with the exception of 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.

end insert begin insert

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. Because this 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.

end insert begin insert

(9) This bill would also make conforming changes and numerous nonsubstantive changes, and would delete obsolete references.

end insert begin insert

(10) 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.

end insert begin insert

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.

end insert begin delete

Existing law prescribes requirements for the appointment of members to a county board of education. Existing law specifies that when any vacancy exists on the county board of education of any county on or after December 1, 1978, the vacancy shall be filled in a prescribed mannner.

end delete begin delete

This bill would delete the obsolete reference to the date in the above provision prescribing requirements for the filling of vacancies on a county board of education.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 44030.5 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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 begin delete (4) end delete begin insert (6) end insert 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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 44242.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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 begin delete (4) end delete begin insert (6) end insert 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 44930 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44930.  

(a)  begin delete Governing boards of school districts end delete begin insert Subject to
Section 44930.5, the governing board of a school district end insert 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 begin delete board. end delete
begin insert governing board of the school district. end insert

(b) Notwithstanding any other begin delete provision of end delete law, begin insert but subject to
Section 44930.5, end insert 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 begin delete board. end delete
begin insert governing board of the school district. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 44930.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44930.5. end insert   

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 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 described
in 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. For purposes of this section, a change in
employment status includes, but is not limited to, dismissal,
nonreelection, resignation, 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.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 44932 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44932.  

(a)  begin delete No end delete begin insert A end insert permanent employee shall begin insert not end insert be dismissed
except for one or more of the following causes:

(1) Immoral begin delete or unprofessional end delete conduct.

begin insert

(2) Unprofessional conduct, including, but not limited to,
excessive absences, excessive tardiness, and insubordination.

end insert begin insert

(3) Serious and egregious conduct as specified in subdivision
(b).

end insert begin delete

(2)

end delete

begin insert (4) end insert  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 begin delete thereof end delete begin insert to that chapter end insert .

begin delete

(3)

end delete

begin insert (5) end insert  Dishonesty.

begin delete

(4)

end delete

begin insert (6) end insert   Unsatisfactory performance.

begin delete

(5)

end delete

begin insert (7) end insert  Evident unfitness for service.

begin delete

(6)

end delete

begin insert (8) end insert  Physical or mental condition unfitting him or her to instruct
or associate with children.

begin delete

(7)

end delete

begin insert (9) end insert  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 begin delete State Board of Education end delete begin insert state board end insert
or by the governing board of the school district employing him or
her.

begin delete

(8)

end delete

begin insert (10) end insert  Conviction of a felony or of any crime involving moral
turpitude.

begin delete

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

end delete begin delete

(10) Knowing membership by the employee in the Communist
Party.

end delete

(11) Alcoholism or other drug abuse which makes the employee
unfit to instruct or associate with children.

begin delete

(b) The governing board of a school district may suspend
without pay for a specific period of time on grounds of
unprofessional conduct a permanent certificated employee or, in
a school district with an average daily attendance of less than 250
pupils, a probationary employee, pursuant to the procedures
specified in Sections 44933, 44934, 44935, 44936, 44937, 44943,
and 44944. This authorization shall not apply to any school district
which has adopted a collective bargaining agreement pursuant to
subdivision (b) of Section 3543.2 of the Government Code.

end delete begin insert

(b) For purposes of this section, “serious and egregious
conduct” means any of the following:

end insert begin insert

(1) Any offense defined in Section 44010 or 44011.

end insert begin insert

(2) Any offense defined in Section 187 or 206 of, or Sections
11165.1 to 11165.6, inclusive, of, the Penal Code.

end insert begin insert

(3) Any offense under state or federal law that is punishable by
death or life imprisonment without the possibility of parole.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 44932.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44932.5. end insert   

(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.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 44934 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44934.  

begin insert (a) end insert begin insert   end insert Upon the filing of written charges, duly signed and
verified by the person filing them, with the governing board of begin delete the end delete
begin insert a end insert school district, or upon a written statement of charges formulated
by the governing begin delete board, end delete begin insert board of a school district, end insert charging that
there exists cause, as specified in Section 44932 or 44933, for the
dismissal or suspension begin insert for more than 30 workdays end insert of a permanent
employee of the district, the governing board begin insert of the school district end insert
may, upon majority vote, except as provided in this article if it
deems the action necessary, give notice to the permanent employee
of its intention to dismiss begin insert him or her end insert or suspend him or her begin insert for
more than 30 workdays end insert 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. begin delete Suspension proceedings end delete begin insert Proceedings
for suspensions for more than 30 workdays end insert may be initiated
pursuant to this section only if the governing board begin insert of the school
district end insert has not adopted a collective bargaining agreement pursuant
to subdivision (b) of Section 3543.2 of the Government Code.

begin delete

Any

end delete

begin insert (b) end insert begin insert   end insert begin insert Any end insert written statement of charges begin delete of unprofessional conduct
or unsatisfactory performance end delete 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 begin delete which end delete begin insert that end insert the teacher is alleged to have
begin delete violated, but it shall also set forth the facts relevant to each
occasion of alleged unprofessional conduct or unsatisfactory
performance. end delete begin insert violated. end insert

begin insert

(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, 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.

end insert begin insert

(d) The governing board of a school district may amend written
charges pursuant to Sections 11507 and 11516 of the Government
Code.

end insert begin delete

This

end delete

begin insert (e) end insert begin insert   end insert begin insert This end insert section shall also apply to the suspension of
probationary employees begin insert for more than 30 workdays end insert in a school
district with an average daily attendance of less than 250 pupils
begin delete which end delete begin insert that end insert has not adopted a collective bargaining agreement
pursuant to subdivision (b) of Section 3542.2 of the Government
Code.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 44936 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44936.  

begin insert (a) end insert begin insert   end insert The notice of dismissal or suspension begin insert for more
than 30 workdays end insert in a proceeding initiated pursuant to Section
44934 begin delete shall not be given between May 15th and September 15th
in any end delete begin insert may be given at any time of end insert year. It shall be in writing and
be served upon the employee personally or by United States
registered mail addressed to begin delete him end delete begin insert the employee end insert at his begin insert or her end insert last
known address. A copy of the charges filed, containing the
information required by Section 11503 of the Government Code,
together with a copy of the provisions of this article, shall be
attached to the notice. begin insert No additional documentation shall be
required to notice 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. end insert

begin insert

(b) 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.

end insert

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 44937 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44937.  

In a begin insert proceeding for a end insert dismissal or suspension
begin delete proceeding end delete begin insert for more than 30 workdays end insert 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 begin insert he or she may be end insert suspended without pay for
a specific period of time begin insert for more than 30 workdays end insert at the
expiration of the 30-day period.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 44938 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44938.  

(a) The governing board of begin delete any end delete begin insert a end insert school district shall
not act upon any charges begin delete of unprofessional conduct end delete begin insert initiated
pursuant to paragraph (2), (6), or (9) of subdivision (a) of Section
44932, or Section 44933 end insert unless at least begin delete 45 calendar days prior to end delete
begin insert 30 workdays before end insert the date of the filing, the begin insert governing end insert board begin insert of
the school district end insert or its authorized representative has given the
employee against whom the charge is filed, written notice of the
begin delete unprofessional conduct, end delete begin insert conduct leading to the charges, end insert specifying
the nature begin delete thereof end delete begin insert of the conduct end insert with begin delete such end delete specific instances of
behavior and with begin delete such end delete 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.

begin delete

(b) The governing board of any school district shall not act upon
any charges of unsatisfactory performance unless it acts in
accordance with the provisions of paragraph (1) or (2):

end delete begin delete

(1) At least 90 calendar days prior to the date of the filing, the
board or its authorized representative has given the employee
against whom the charge is filed, written notice of the
unsatisfactory performance, specifying the nature thereof with
such specific instances of behavior and with such 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.

end delete begin delete

(2) The governing board may act during the time period
composed of the last one-fourth of the schooldays it has scheduled
for purposes of computing apportionments in any fiscal year if,
prior to the beginning of that time period, the board or its
authorized representative has given the employee against whom
the charge is filed, written notice of the unsatisfactory performance,
specifying the nature thereof with such specific instances of
behavior and with such 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.

end delete begin delete

(c) “Unsatisfactory performance” as used in this section means,
and refers only to, the unsatisfactory performance particularly
specified as a cause for dismissal in Section 44932 and does not
include any other cause for dismissal specified in Section 44932.

end delete begin delete

“Unprofessional conduct” as used in this section means, and
refers to, the unprofessional conduct particularly specified as a
cause for dismissal or suspension in Sections 44932 and 44933
and does not include any other cause for dismissal specified in
Section 44932.

end delete begin insert

(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.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 44939 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44939.  

Upon the filing of written begin delete charges, end delete begin insert charges pursuant
to paragraph (1), (3), (4), (5), (7), (8), (10), or (11) of subdivision
(a) of Section 44932, end insert duly signed and verified by the person filing
them with the governing board of a school district, or upon a
written statement of charges begin insert pursuant to paragraph (1), (3), (4),
(5), (7), (8), (10), or (11) of subdivision (a) of Section 44932 end insert
formulated by the governing begin delete board, charging end delete begin insert board of a school
district, to dismiss end insert a permanent employee of the begin delete district with
immoral conduct, conviction of a felony or of any crime involving
moral turpitude, with incompetency due to mental disability, with
willful refusal to perform regular assignments without reasonable
cause, as prescribed by reasonable rules and regulations of the
employing school district, with violation of Section 51530, with
knowing membership by the employee in the Communist Party or
with violation of any provision in Sections 7001 to 7007, inclusive, end delete
begin insert school district, end insert the governing board begin insert of the school district end insert may, if
it deems begin delete such end delete begin insert the end insert action necessary, immediately suspend the
employee from his begin insert or her end insert duties and give notice to begin delete him end delete begin insert the
permanent employee end insert of his begin insert or her end insert suspension, and that 30 days
after service of the notice, begin delete he end delete begin insert the permanent employee end insert will be
dismissed, unless he begin insert or she end insert demands a hearing.

begin delete

If the permanent employee is suspended upon charges of
knowing membership by the employee in the Communist Party or
for any violation of Section 7001, 7002, 7003, 7006, 7007, or
51530, he may within 10 days after service upon him of notice of
such suspension file with the governing board a verified denial,
in writing, of the charges. In such event the permanent employee
who demands a hearing within the 30-day period shall continue
to be paid his regular salary during the period of suspension and
until the entry of the decision of the Commission on Professional
Competence, if and during such time as he furnishes to the school
district a suitable bond, or other security acceptable to the
governing board, as a guarantee that the employee will repay to
the school district the amount of salary so paid to him during the
period of suspension in case the decision of the Commission on
Professional Competence is that he shall be dismissed. If it is
determined that the employee may not be dismissed, the school
board shall reimburse the employee for the cost of the bond.

end delete

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 44940 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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, begin delete or end delete 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 begin delete Section end delete begin insert Sections end insert 11054, 11055, and 11056 of the
Health and Safety Code, with the exception of marijuana,
mescaline, peyote, or begin delete tetrahydrocannabinols. end delete
begin insert tetrahydrocannabinols, 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. end insert

(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, begin delete Section end delete begin insert of, or Section end insert 11363, 11364, or 11370.1 of begin insert , end insert the
Health and Safety Code, insofar as these sections relate to any
controlled substances except marijuana, mescaline, peyote, or
tetrahydrocannabinols.

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

(d) (1)  begin delete Whenever any end delete begin insert If a end insert 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 begin insert certificated end insert employee on compulsory leave
of absence. The duration of the leave of absence shall be until a
time not more than 10 days after begin delete the date of entry end delete begin insert notice end insert of the
judgment in the begin delete proceedings. end delete begin insert proceedings has been received by
the school district. end insert 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 begin delete the date of entry end delete begin insert notice end insert of the judgment
in the begin delete proceedings. end delete begin insert proceedings has been received by the
Commission on Teacher Credentialing. end insert

(e) (1)  begin delete Whenever any end delete begin insert If a end insert 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 begin insert certificated end insert 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 begin delete date of entry end delete begin insert notice end insert of the judgment
in the begin delete proceedings. end delete begin insert proceedings has been received by the school
district. end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 44941 of the end insert begin insert Education Code end insert begin insert is repealed. end insert

begin delete

44941.  

The notice of suspension and intention to dismiss, shall
be in writing and be served upon the employee personally or by
United States registered mail addressed to the employee at his last
known address. A copy of the charges filed, containing the
information required by Section 11503 of the Government Code,
together with a copy of the provisions of this article, shall be
attached to the notice. If the employee does not demand a hearing
within the 30-day period, he may be dismissed upon the expiration
of 30 days after service of the notice.

end delete

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 44943 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44943.  

begin delete When any employee who has been served with end delete begin insert The
governing board may, without prejudice, rescind a end insert notice begin insert served end insert
pursuant to Section 44934 begin delete of the governing board’s intention to
dismiss or suspend him or her demands a hearing, the governing
board shall have the option either (a) to rescind its action, or (b)
schedule a hearing on the matter. end delete begin insert at any time before the matter is
submitted for decision. end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 44944 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44944.  

(a) (1) In a begin insert proceeding for end insert dismissal or suspension
begin delete proceeding end delete begin insert for more than 30 workdays end insert initiated pursuant to Section
44934, if a hearing is requested by the employee, the begin delete hearing end delete begin insert matter end insert
shall be begin delete commenced within 60 days end delete begin insert submitted for decision within
12 months end insert from the date of the employee’s demand for a hearing.
The begin delete hearing end delete begin insert 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. end insert

begin insert (2) end insert begin insert   end insert begin insert The hearing end insert 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 begin delete Commission on Professional Competence end delete
begin insert hearing panel end insert 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 begin delete under end delete begin insert pursuant
to end insert Title 4 (commencing with Section 2016.010) of Part 4 of the
Code of Civil Procedure. begin delete 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. end delete In all cases, discovery shall be completed begin delete prior
to end delete begin insert at least end insert seven calendar days before the begin delete 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. end delete begin insert final status conference required by subdivision
(b). end insert

begin delete

(2)

end delete

begin insert (3) end insert begin insert   end insert begin insert (A) end insert  If the right of discovery granted under paragraph begin delete (1) end delete
begin insert (2) end insert is denied by either the employee or the governing board, all of
the remedies begin insert specified end insert 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.

begin delete

(3)

end delete

begin insert (B) end insert  The time periods begin insert specified end insert 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.

begin insert

(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).

end insert

(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)  begin delete No end delete begin insert A end insert witness shall begin insert not end insert be permitted to testify at the hearing
except upon oath or affirmation. begin delete No testimony shall end delete begin insert Testimony
shall not end insert be given or evidence introduced relating to matters that
occurred more than four years begin delete prior to end delete begin insert before end insert the date of the filing
of the begin delete 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. end delete
begin insert 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. end insert

begin insert

(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.

end insert begin delete

(b) (1) The hearing provided for in this section shall be
conducted by

end delete

begin insert (c) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert If the employee is charged with a charge pursuant to
paragraph (2), (6), or (9) of subdivision (a) of Section 44932, end insert a
Commission on Professional begin delete Competence. end delete begin insert Competence shall
conduct the hearing provided for in this section and shall comprise
the hearing panel. end insert One member of the begin delete commission end delete begin insert Commission
on Professional Competence end insert shall be selected by the employee,
one member shall be selected by the governing board, and begin delete one end delete begin insert the
third end insert member shall be an administrative law judge of the Office
of Administrative Hearings who shall be chairperson begin delete and end delete begin insert of the
Commission on Professional Competence, end insert a voting member of the
begin delete commission end delete begin insert Commission on Professional Competence, end insert and begin delete shall
be end delete responsible for begin delete assuring end delete begin insert performing all duties required of an
administrative law judge by this article, ruling on procedural
motions, and ensuring end insert 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 begin delete commission end delete begin insert Commission
on Professional Competence end insert member at least begin delete seven end delete begin insert 30 end insert calendar
days begin delete prior to end delete begin insert before end insert 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)  begin insert (A) end insert begin insert   end insert 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 begin delete five end delete begin insert three end insert years’ experience within the past 10
years in the begin insert elementary or secondary grade level end insert discipline of the
employee.

begin insert

(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.

end insert begin insert

(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.

end insert begin delete

(c) (1) The

end delete

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert For a charge pursuant to paragraph (2), (6), or (9) of
subdivision (a) of Section 44932, or Section 44933, the end insert decision
of the Commission on Professional Competence shall be made by
a majority begin delete vote, and the commission shall end delete begin insert vote. For all other
charges, the decision shall be made solely by the administrative
law judge. end insert

begin insert (2) end insert begin insert   end insert begin insert The hearing panel shall end insert 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.

begin delete

(2)

end delete

begin insert (3) end insert  The decision of the begin delete Commission on Professional Competence end delete
begin insert hearing panel end insert that the employee should not be dismissed or
suspended shall not be based on nonsubstantive procedural errors
committed by the school district or begin insert the end insert governing board unless the
errors are prejudicial errors.

begin delete

(3)

end delete

begin insert (4) end insert  The begin delete commission end delete begin insert hearing panel end insert shall not have the power to
dispose of the charge of dismissal by imposing probation or other
alternative sanctions. begin delete The imposition of suspension pursuant to
subparagraph (B) of paragraph (1) shall be available only in a
suspension proceeding authorized pursuant to subdivision (b) of
Section 44932 or Section 44933. end delete

begin delete

(4)

end delete

begin insert (5) end insert  The decision of the begin delete Commission on Professional Competence end delete
begin insert hearing panel end insert shall be deemed to be the final decision of the
governing board.

begin delete

(5)

end delete

begin insert (6) end insert  The begin insert governing end insert board may adopt from time to time rules and
procedures not inconsistent with this section as may be necessary
to effectuate this section.

begin delete

(6)

end delete

begin insert (7) end insert  The governing board and the employee shall have the right
to be represented by begin delete counsel. end delete begin insert counsel before the hearing panel. end insert

begin delete

(d)

end delete

begin insert (e) end insert  (1) If the begin insert Commission on Professional Competence end insert 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
begin delete commission. end delete begin insert Commission on Professional Competence. end insert

(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.

begin delete

(e)

end delete

begin insert (f) end insert  (1) If the begin delete Commission on Professional Competence end delete begin insert hearing
panel end insert determines that the employee should be dismissed or
suspended, the governing board begin delete and the employee end delete shall begin delete share
equally end delete begin insert pay end insert 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 begin delete (d), end delete begin insert (e), and, if the Commission
on Professional Competence comprises the hearing panel, end insert the
reasonable expenses, as determined by the administrative law
begin delete judge, end delete begin insert judge on the hearing panel, or another administrative law
judge assigned by the Office of Administrative Hearings, end insert 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 begin insert to the state end insert 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 begin delete Commission on Professional Competence end delete begin insert hearing
panel end insert 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 begin delete (d), end delete begin insert (e), and, if
the Commission on Professional Competence comprises the
hearing panel, end insert the reasonable expenses, as determined by the
administrative law begin delete judge, end delete begin insert judge on the hearing panel, end insert 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 begin delete employee, and
reasonable attorney’s fees incurred by the end delete employee. begin insert The governing
board and the employee shall pay their own attorney’s fees. end insert

begin insert

(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.

end insert begin delete

(3)

end delete

begin insert (4) end insert  As used in this section, “reasonable expenses” shall not be
deemed “compensation” within the meaning of subdivision begin delete (d) end delete
begin insert (e) end insert .

begin delete

(4)

end delete

begin insert (5) end insert  If either the governing board or the employee petitions a
court of competent jurisdiction for review of the decision of the
begin delete commission, end delete begin insert Commission on Professional Competence, end insert the
payment of expenses to members of the begin delete commission end delete begin insert Commission
on Professional Competence end insert required by this subdivision shall not
be stayed.

begin delete

(5) (A)

end delete

begin insert (6) end insert  If the decision of the begin delete commission end delete begin insert Commission on
Professional Competence end insert is finally reversed or vacated by a court
of competent jurisdiction, either the state, having paid the
begin delete commission end delete begin insert Commission on Professional Competence end insert 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.

begin delete

(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.

end delete begin delete

(f) The

end delete

begin insert (g) end insert begin insert   end insert begin insert 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 end insert hearing provided for in this section shall be
conducted in a place selected by agreement among the members
of the begin delete commission. In the absence of agreement, end delete begin insert hearing panel.
For all other hearings, end insert the place shall be selected by the
administrative law judge begin insert on the hearing panel end insert .

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 44944.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44944.5. end insert   

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.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 44945 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44945.  

The decision of the begin delete Commission on Professional
Competence end delete begin insert hearing panel end insert 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.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 44947 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44947.  

If an employee is dismissed begin delete for immoral conduct or
conviction of a felony or crime involving moral turpitude, end delete begin insert based
on a charge pursuant to paragraph (1), (3), (4), (5), (7), (8), (10),
or (11) of subdivision (a) of Section 44932, end insert the governing board
shall transmit to the Commission on Teacher Credentialing and to
the county board of education begin delete which end delete begin insert that end insert issued the certificate
under which the employee was serving at the time of his 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.

begin insert

begin insert SEC. 19. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

Section 1008 of the Education Code is amended
to read:

1008.  

If a vacancy exists on the county board of education of
any county , the vacancy shall be filled in the manner prescribed
in Article 3 (commencing with Section 5090) of Chapter 1 of Part
4.

end delete