Amended in Senate April 21, 2014

Amended in Senate February 25, 2014

Senate Bill No. 843

Introduced by Senator Correa

January 7, 2014

An act to amend Sections 44030.5, 44242.5, 44930, 44932, 44934, 44936, begin delete 44937, 44938, end delete 44939, 44940, 44943, 44944, begin delete 44945, end delete and 44947 of, begin delete to repeal Section 44941 of, end delete and to add Sections begin delete 44930.5, 44932.5, and 44944.5 end delete begin insert 44930.5 and 44944.2 end insert to, the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

SB 843, as amended, Correa. School employees: discipline: dismissal and suspension.

(1) Existing law prohibits a permanent school employee from being dismissed except for one or more specified reasons. Existing law authorizes a governing board of a school district to suspend without pay for a specific period of time on grounds of unprofessional conduct a permanent certificated employee, or, in a school district with an average daily attendance of less than 250 pupils, a probationary employee, as provided. Existing law additionally authorizes the governing board of a school district to immediately suspend a permanent employee for specified reasons, as provided.

This bill would, among other things, add begin delete serious and end delete egregious conduct, as defined, to the list of specified reasons for which a permanent employee may be dismissed. begin delete 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. end delete The bill would also begin delete authorize end delete begin insert revise the reasons for which end insert the governing board of a school district begin insert is authorized end insert to immediately suspend a permanent begin delete employee for specified charges end delete begin insert employee end 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. begin delete 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 delete begin insert Existing law requires in a dismissal or suspension proceeding against a permanent employee, if a hearing is requested by the employee, that the hearing be commenced within 60 days from the date of the employee’s demand for a hearing. Existing law prescribes various procedures for the hearing, including, among others, a prohibition against the use of evidence of any nature relating to matters occurring more than 4 years prior to the filing of a notice in a decision relating to the termination or suspension of any employee. end insert

This bill would instead begin delete require each hearing to be heard by a hearing panel, consisting of, end delete begin insert require, end insert for specified charges, begin insert that a commission on professional end insert begin insert competence to be comprised of end insert only an administrative law begin delete 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 delete begin insert judge, and that the matter be submitted for decision within 12 months from the date of the employee’s demand for a hearing, as provided. For those same charges, the bill would authorize testimony to be given or evidence introduced relating to matters that occurred more than 4 years before the date of the filing of the notice unless it is not relevant, and would provide for the allocation of costs for the hearing and any appeals by requiring, among other things, that the employee pay for the costs of the hearing if the administrative law judge determines that the employee’s decision to demand a hearing was a frivolous tactic that wasted public resources. end insert

begin delete

(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 delete begin delete

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 delete begin delete

(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 delete begin delete

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 delete begin delete

(5)

end delete

begin insert (3) end insert  Existing law authorizes a governing board of a school district to give notice to a permanent employee of its intention to dismiss or suspend him or her for specified causes at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing. Existing law prohibits that notice from being given between May 15 and September 15 in any year.

This bill would instead authorize the governing board of a school district to give the notice at any time of begin delete 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. end delete begin insert year, except as specified, provided that a notice of dismissal or suspension given outside of the instructional year of the schoolsite where the employee is physically employed is in writing served upon the employee personally. end insert The bill would begin delete require end delete begin insert provide end insert 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, begin delete be end delete begin insert is end insert 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. begin delete The bill would authorize the governing board of a school district to amend written charges, as provided, and end delete begin insert The bill would, if an employee demands a hearing, authorize the governing board to either rescind its action or schedule a hearing on the matter. The bill also would, for specified cha end insert begin insert rges, authorize the governing board to end insert rescind the notice at any time before the matter is submitted for decision.

begin delete

(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 delete begin delete

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 delete begin delete

(7)

end delete

begin insert (4) end insert  Existing law prohibits information of a derogatory nature to be entered into an employee’s personnel records unless the employee is given an opportunity to review and comment on that information.

This bill would, notwithstanding that provision, prohibit, among other things, the governing board of a school district or its authorized representative from amending, renewing, or entering into an agreement that requires the removal from a school begin delete employees’ end delete begin insert employee’s end insert records any evidence of credible complaints, substantiated investigations, or discipline relating to the school employee’s commission, or alleged commission, of begin delete serious and end delete egregious conduct begin insert or other misconduct, as specified end insert . begin delete 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 delete

begin delete

(8)

end delete

begin insert (5) end insert  Existing law provides that a certificated employee may be charged with a mandatory leave of absence offense begin insert or an optional leave of absence offense end insert for certain sex offenses or begin insert certain offenses involving end insert controlled begin delete substance offenses with the exception of end delete begin insert substances other than end insert 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 begin insert and authorizes the governing board to immediately place the employee on compulsory leave of absence if the employee is charged with an optional leave of absence offense end 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. begin insert The bill would also add controlled substances offenses involving marijuana, mescaline, peyote, or tetrahydrocannabinols to the lists of mandatory and optional leave of absence offenses, as specified. end insert Because this begin insert bill end insert 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.

begin delete

(9)

end delete

begin insert (6) end insert  This bill would also make conforming changes and numerous nonsubstantive changes, and would delete obsolete references.

begin delete

(10)

end delete

begin insert (7) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 44030.5 of the Education Code is
amended to read:

44030.5.  

(a) The superintendent of a school district or county
office of education, or the administrator of a charter school,
employing a person with a credential shall report any change in
the employment status of the credentialholder to the commission
not later than 30 days after the change in employment status, if
the credentialholder, while working in a position requiring a
credential, and as a result of an allegation of misconduct or while
an allegation of misconduct is pending, is dismissed, is
nonreelected, resigns, is suspended or placed on unpaid
administrative leave for more than 10 days as a final adverse action,
retires, or is otherwise terminated by a decision not to employ or
reemploy.

(b) For purposes of subdivision (a), a change of employment
status due solely to unsatisfactory performance pursuant to
paragraph (6) of subdivision (a) of Section 44932 or a reduction
in force pursuant to Sections 44955 to 44958, inclusive, is not a
result of an allegation of misconduct.

(c) The failure to make the report required by subdivision (a)
is unprofessional conduct and may subject the superintendent of
the school district or county office of education, or the
administrator of a charter school, to adverse action by the
commission.

(d) (1) Notwithstanding Section 44030, refusing or willfully
neglecting to make the report required by subdivision (a) is a
misdemeanor, punishable by a fine of not less than five hundred
dollars ($500) or more than one thousand dollars ($1,000).

(2) All fines imposed pursuant to this subdivision are the
personal responsibility of the superintendent of the school district
or county office of education, or the administrator of a charter
school, and may not be paid or reimbursed with public funds.

SEC. 2.  

Section 44242.5 of the Education Code is amended to
read:

44242.5.  

(a) Each allegation of an act or omission by an
applicant for, or holder of, a credential for which he or she may
be subject to an adverse action shall be presented to the Committee
of Credentials.

(b) The committee has jurisdiction to commence an initial
review upon receipt of any of the following:

(1) (A) Official records of the Department of Justice, of a law
enforcement agency, of a state or federal court, and of any other
agency of this state or another state.

(B) For purposes of subparagraph (A), “agency of this state”
has the same meaning as that of “state agency” as set forth in
Section 11000 of the Government Code.

(2) An affidavit or declaration signed by a person or persons
with personal knowledge of the acts alleged to constitute
misconduct.

(3) (A) A statement from an employer notifying the commission
that, as a result of an allegation of misconduct, or while an
allegation of misconduct is pending, a credentialholder has been
dismissed, nonreelected, suspended for more than 10 days, or
placed pursuant to a final adverse employment action on unpaid
administrative leave for more than 10 days, or has resigned or
otherwise left employment.

(B) The employer shall provide the notice described in
subparagraph (A) to the commission not later than 30 days after
the dismissal, nonreelection, suspension, placement on unpaid
administrative leave, resignation, or departure from employment
of the employee.

(C) For purposes of subparagraphs (A) and (B), a change in
status due solely to unsatisfactory performance pursuant to
paragraph (6) of subdivision (a) of Section 44932 or a reduction
in force pursuant to Sections 44955 to 44958, inclusive, is not a
result of an allegation of misconduct.

(4) A notice from an employer that a complaint was filed with
the school district alleging sexual misconduct by a credentialholder.
Results of an investigation by the committee based on this
paragraph shall not be considered for action by the committee
unless there is evidence presented to the committee in the form of
a written or oral declaration under penalty of perjury that confirms
the personal knowledge of the declarant regarding the acts alleged
to constitute misconduct.

(5) A notice from a school district, employer, public agency, or
testing administrator of a violation of Section 44420, 44421.1,
44421.5, or 44439.

(6) (A) An affirmative response on an application submitted
to the commission as to any conviction, adverse action on, or denial
of, a license, or pending investigation into a criminal allegation or
pending investigation of a noncriminal allegation of misconduct
by a governmental licensing entity.

(B) Failure to disclose any matter set forth in subparagraph (A).

(c) An initial review commences on the date that the written
notice is mailed to the applicant or credentialholder that his or her
fitness to hold a credential is under review. Upon commencement
of a formal review pursuant to Section 44244, the committee shall
investigate all alleged misconduct and the circumstances in
mitigation and aggravation. The investigation shall include, but
not be limited to, all of the following:

(1) Investigation of the fitness and competence of the applicant
or credentialholder to perform the duties authorized by the
credential for which he or she has applied or that he or she presently
holds.

(2) Preparation of a summary of the applicable law, a summary
of the facts, contested and uncontested, and a summary of any
circumstances in aggravation or mitigation of the allegation.

(3) Determination of probable cause for an adverse action on
the credential. If the allegation is for unprofessional or immoral
conduct, the committee, in any formal review conducted pursuant
to Section 44244 to determine probable cause, shall permit the
employer of the credentialholder to be present while testimony is
taken. If the allegation of unprofessional or immoral conduct
involves sexual abuse, the employer shall be examined in the
meeting for any relevant evidence relating to the sexual abuse.

(A) If the committee determines that probable cause for an
adverse action does not exist, the committee shall terminate the
investigation.

(B) If the committee determines that probable cause for an
adverse action on the credential exists, upon receipt of a request
from an applicant or a credentialholder pursuant to Section
44244.1, the commission shall initiate an adjudicatory hearing, as
prescribed by Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code, by filing an
accusation or statement of issues.

(d) The committee has jurisdiction to commence a formal review
pursuant to Section 44244 upon receipt of any of the following:

(1) (A) Official records of a state or federal court that reflect a
conviction or plea, including a plea of nolo contendere, to a
criminal offense or official records of a state court that adjudge a
juvenile to be a dependent of the court pursuant to Section 300 of
the Welfare and Institutions Code due to allegations of sexual
misconduct or physical abuse by a credentialholder or applicant.

(B) Nothing in subparagraph (A) shall be construed to relieve
the commission from the confidentiality provisions, notice, and
due process requirements set forth in Section 827 of the Welfare
and Institutions Code.

(2) An affidavit or declaration signed by a person or persons
with personal knowledge of the acts alleged to constitute
misconduct.

(3) A statement described in paragraph (3) of subdivision (b).

(4) Official records of a governmental licensing entity that
reflect an administrative proceeding or investigation, otherwise
authorized by law or regulation, which has become final.

(5) A notice described in paragraph (5) of subdivision (b).

(6) A response or failure to disclose, as described in paragraph
(6) of subdivision (b).

(e) (1) Upon completion of its investigation, the committee
shall report its actions and recommendations to the commission,
including its findings as to probable cause, and if probable cause
exists, its recommendations as to the appropriate adverse action.

(2) The findings shall be available, upon its request, to the
employing or last known employing school district, or, if adverse
action is recommended by the committee and the credentialholder
has not filed a timely appeal of the recommendation of the
committee pursuant to Section 44244.1, upon a request made within
five years of the date of the committee’s recommendations to a
school district providing verification that the credentialholder has
applied for employment in the school district. The findings, for all
purposes, shall remain confidential and limited to school district
personnel in a direct supervisory capacity in relation to the person
investigated. Any person who otherwise releases findings received
from the committee or the commission, absent a verified release
signed by the person who is the subject of the investigation, shall
be guilty of a misdemeanor.

(3) The findings shall not contain any information that reveals
the identity of persons other than the person who is the subject of
the investigation.

(f) (1) Except as provided in paragraph (2) and, notwithstanding
subdivision (b), for purposes of determining whether jurisdiction
exists under subdivision (b), the commission, in accordance with
Section 44341, may make inquiries and requests for production
of information and records only from the Department of Justice,
a law enforcement agency, a state or federal court, and a licensing
agency of this state or a licensing agency of another state.

(2) For purposes of determining whether jurisdiction exists,
paragraph (1) does not apply to release of personnel records.

SEC. 3.  

Section 44930 of the Education Code is amended to
read:

44930.  

(a) Subject to Section 44930.5, the governing board
of a school district shall accept the resignation of any employee
and shall fix the time when the resignation takes effect, which,
except as provided by subdivision (b), shall not be later than the
close of the school year during which the resignation has been
received by the governing board of the school district.

(b) Notwithstanding any other law, but subject to Section
44930.5, an employee and the governing board of a school district
may agree that a resignation will be accepted at a mutually agreed
upon date not later than two years beyond the close of the school
year during which the resignation is received by the governing
board of the school district.

SEC. 4.  

Section 44930.5 is added to the Education Code, to
read:

44930.5.  

Notwithstanding any other law, on or after January
1, 2015, the governing board of a school district or its authorized
representative shall not amend, renew, or enter into an agreement
that does either of the following:

(a) Requires the removal from a school employee’s records begin insert of end insert
any evidence of credible complaints, substantiated investigations,
or discipline relating to the school employee’s commission of, or
alleged commission of, begin delete serious and egregious conduct, as end delete begin insert conduct end insert
described in begin insert paragraphs (1), (3), and (10) of end insert 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 begin delete serious
and egregious conduct end delete begin insert conduct described in paragraph (1), (3),
or (10) of Section 44932 end insert . For purposes of this section, a change in
employment status includes, but is not limited to, dismissal,
nonreelection, resignation, begin delete suspension end delete begin insert suspension, end insert or placement
on administrative leave for more than 10 days as a final adverse
action, retirement, or termination by a decision not to employ or
reemploy.

SEC. 5.  

Section 44932 of the Education Code is amended to
read:

44932.  

(a) A permanent employee shall not be dismissed
except for one or more of the following causes:

(1) Immoral conduct.

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

(3)  begin delete Serious and egregious end delete begin insert Egregious end insert conduct as specified in
subdivision (b).

(4) Commission, aiding, or advocating the commission of acts
of criminal syndicalism, as prohibited by Chapter 188 of the
Statutes of 1919, or in any amendment to that chapter.

(5) Dishonesty.

(6)  Unsatisfactory performance.

(7) Evident unfitness for service.

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

(9) Persistent violation of or refusal to obey the school laws of
the state or reasonable regulations prescribed for the government
of the public schools by the state board or by the governing board
of the school district employing him or her.

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

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

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

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

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

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

begin insert

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

end insert

begin delete

SEC. 6.  

Section 44932.5 is added to the Education Code, to
read:

44932.5.  

(a) The governing board of a school district may
suspend without pay for more than 30 workdays a permanent
certificated employee, or, in a school district with an average daily
attendance of less than 250 pupils, a probationary employee,
pursuant to the procedures specified in Sections 44933, 44934,
44935, 44936, 44937, 44943, and 44944, and on the grounds listed
in Section 44932 or 44933. This authorization shall not apply to
any school district that has adopted a collective bargaining
agreement pursuant to subdivision (b) of Section 3543.2 of the
Government Code.

(b) The governing board of a school district may suspend
without pay for up to 30 workdays a permanent certificated
employee, or in a school district with an average daily attendance
of less than 250 pupils, a probationary employee, in accordance
with the procedures specified in Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.

end delete

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 44934 of the Education Code is amended to
read:

44934.  

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

(b) Any written statement of charges shall specify instances of
behavior and the acts or omissions constituting the charge so that
the teacher will be able to prepare his or her defense. It shall, where
applicable, state the statutes and rules that the teacher is alleged
to have violated.

(c) A notice by the governing board of a school district to an
employee of its intention to dismiss him or her or suspend him or
begin delete her for more than 30 workdays, end delete begin insert her, end insert 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.

begin delete

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

end delete begin delete

(e)

end delete

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

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 44936 of the Education Code is amended to
read:

44936.  

(a) The notice of dismissal or suspension begin delete for more than
30 workdays end delete in a proceeding initiated pursuant to Section 44934
may be given at any time of year. It shall be in writing and be
served upon the employee personally or by United States registered
mail addressed to the employee at his or her last known begin delete address. end delete
begin insert address, provided that a notice of dismissal or suspension given
outside of the instructional year of the schoolsite where the
employee is physically employed shall be in writing and shall be
served upon the employee personally. end insert A copy of the charges filed,
containing the information required by Section 11503 of the
Government Code, together with a copy of the provisions of this
article, shall be attached to the notice. No additional documentation
shall be required to begin delete notice end delete begin insert notify end insert the employee. begin delete 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 delete

begin insert

(b) Notwithstanding subdivision (a), the notice of dismissal or
suspension in a proceeding involving only charges of unsatisfactory
performance initiated pursuant to Section 44934 shall only be
given during the instructional year of the schoolsite where the
employee is physically employed. However, a notice of dismissal
or suspension in a proceeding involving charges of unsatisfactory
performance may be initiated pursuant to paragraph (2) of
subdivision (b) of Section 44938.

end insert begin delete

(b)

end delete

begin insert (c) end insert  An employee who demands a hearing within 30 days after
service of the notice dismissal or suspension begin delete for more than 30
workdays end delete shall file a notice of defense, as described in Sections
11505 and 11506 of the Government Code.

begin delete

SEC. 9.  

Section 44937 of the Education Code is amended to
read:

44937.  

In a proceeding for a dismissal or suspension for more
than 30 workdays initiated pursuant to Section 44934, if the
employee does not demand a hearing by filing a written request
for hearing with the governing board, he or she may be dismissed
or he or she may be suspended without pay for a specific period
of time for more than 30 workdays at the expiration of the 30-day
period.

SEC. 10.  

Section 44938 of the Education Code is amended to
read:

44938.  

(a) The governing board of a school district shall not
act upon any charges initiated pursuant to paragraph (2), (6), or
(9) of subdivision (a) of Section 44932, or Section 44933 unless
at least 30 workdays before the date of the filing, the governing
board of the school district or its authorized representative has
given the employee against whom the charge is filed, written notice
of the conduct leading to the charges, specifying the nature of the
conduct with specific instances of behavior and with particularity
as to furnish the employee an opportunity to correct his or her
faults and overcome the grounds for the charge. The written notice
shall include the evaluation made pursuant to Article 11
(commencing with Section 44660) of Chapter 3, if applicable to
the employee.

(b)  For purposes of this section, “workday” means any day
that the employee is normally expected to work, regardless of
whether he or she actually does work.

end delete

begin delete SEC. 11. end delete
begin insert SEC. 8. end insert   

Section 44939 of the Education Code is amended to
read:

44939.  

Upon the filing of written charges pursuant to paragraph
(1), (3), begin delete (4), (5), (7), (8), (10), or (11) end delete begin insert or (10) end insert of subdivision (a) of
Section 44932, duly signed and verified by the person filing them
with the governing board of a school district, or upon a written
statement of charges pursuant to paragraph (1), (3), begin delete (4), (5), (7),
(8), (10), or (11) end delete begin insert or (10) end insert of subdivision (a) of Section 44932
formulated by the governing board of a school district, to dismiss
a permanent employee of the school district, the governing board
of the school district may, if it deems the action necessary,
immediately suspend the employee from his or her duties and give
notice to the permanent employee of his or her suspension, and
that 30 days after service of the notice, the permanent employee
will be dismissed, unless he or she demands a hearing.

begin delete SEC. 12. end delete
begin insert SEC. 9. end insert   

Section 44940 of the Education Code is amended to
read:

44940.  

(a) For purposes of this section, “charged with a
mandatory leave of absence offense” is defined to mean charged
by complaint, information, or indictment filed in a court of
competent jurisdiction with the commission of any sex offense as
defined in Section 44010, with the commission of any offense
involving aiding or abetting the unlawful sale, use, or exchange
to minors of controlled substances listed in Schedule I, II, or III,
as contained in Sections 11054, 11055, and 11056 of the Health
and Safety begin delete Code, with the exception of marijuana, mescaline,
peyote, or tetrahydrocannabinols, end delete begin insert Code end insert or with the commission
of a violent or serious felony, as listed in subdivision (c) of Section
667.5 of, or subdivision (c) of Section 1192.7 of, the Penal Code.

(b) For purposes of this section, “charged with an optional leave
of absence offense” is defined to mean a charge by complaint,
information, or indictment filed in a court of competent jurisdiction
with the commission of any controlled substance offense as defined
in Section 44011 or 87011, or a violation or attempted violation
of Section 187 of the Penal Code, or Sections 11357 to 11361,
inclusive, of, or Section 11363, 11364, or 11370.1 of, the Health
and Safety Code, insofar as these sections relate to any controlled
begin delete substances except marijuana, mescaline, peyote, or
tetrahydrocannabinols. end delete begin insert substances. end insert

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

(d) (1) If a certificated employee of a school district is charged
with a mandatory leave of absence offense, as defined in
subdivision (a), upon being informed that a charge has been filed,
the governing board of the school district shall immediately place
the certificated employee on compulsory leave of absence. The
duration of the leave of absence shall be until a time not more than
10 days after notice of the judgment in the proceedings has been
received by the school district. No later than 10 days after receipt
of the complaint, information, or indictment described by
subdivision (a), the school district shall forward a copy to the
Commission on Teacher Credentialing.

(2) Upon receiving a copy of a complaint, information, or
indictment described in subdivision (a) and forwarded by a school
district, the Commission on Teacher Credentialing shall
automatically suspend the employee’s teaching or service
credential. The duration of the suspension shall be until a time not
more than 10 days after notice of the judgment in the proceedings
has been received by the Commission on Teacher Credentialing.

(e) (1) If a certificated employee of a school district is charged
with an optional leave of absence offense as defined in subdivision
(b), the governing board of the school district may immediately
place the certificated employee upon compulsory leave in
accordance with the procedure in this section and Section 44940.5.
If any certificated employee is charged with an offense deemed to
fall into both the mandatory and the optional leave of absence
categories, as defined in subdivisions (a) and (b), that offense shall
be treated as a mandatory leave of absence offense for purposes
of this section. No later than 10 days after receipt of the complaint,
information, or indictment described by subdivision (a), the school
district shall forward a copy to the Commission on Teacher
Credentialing.

(2) Upon receiving a copy of a complaint, information, or
indictment described in subdivision (a) and forwarded by a school
district, the Commission on Teacher Credentialing shall
automatically suspend the employee’s teaching or service
credential. The duration of the suspension shall be until a time not
more than 10 days after the notice of the judgment in the
proceedings has been received by the school district.

begin delete

SEC. 13.  

Section 44941 of the Education Code is repealed.

end delete

begin delete SEC. 14. end delete
begin insert SEC. 10. end insert   

Section 44943 of the Education Code is amended to
read:

44943.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert If an employee who has been served pursuant
to Section 44934 with a notice of the governing board’s intention
to dismiss or suspend him or her demands a hearing, the governing
board shall either rescind its action or schedule a hearing on the
matter. end insert

begin insert (b) end insert begin insert   end insert begin insert The end insert governing board may, without prejudice, rescind a notice
served pursuant to Section 44934 begin insert for a charge pursuant to
paragraph (1), (3), or (10) of subdivision (a) of Section 44932 end insert at
any time before the matter is submitted for decision.

begin delete

SEC. 15.  

Section 44944 of the Education Code is amended to
read:

44944.  

(a) (1) In a proceeding for dismissal or suspension for
more than 30 workdays initiated pursuant to Section 44934, if a
hearing is requested by the employee, the matter shall be submitted
for decision within 12 months from the date of the employee’s
demand for a hearing. The administrative law judge on the hearing
panel may grant extensions beyond 12 months for good cause, and
shall grant extensions beyond 12 months upon a stipulation by all
parties.

(2) The hearing shall be initiated, conducted, and a decision
made in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
However, the hearing date shall be established after consultation
with the employee and the governing board, or their
representatives, and the hearing panel shall have all of the power
granted to an agency in that chapter, except that the right of
discovery of the parties shall not be limited to those matters set
forth in Section 11507.6 of the Government Code but shall include
the rights and duties of any party in a civil action brought in a
superior court pursuant to Title 4 (commencing with Section
2016.010) of Part 4 of the Code of Civil Procedure. In all cases,
discovery shall be completed at least seven calendar days before
the final status conference required by subdivision (b).

(3) (A) If the right of discovery granted under paragraph (2) is
denied by either the employee or the governing board, all of the
remedies specified in Chapter 7 (commencing with Section
2023.010) of Title 4 of Part 4 of the Code of Civil Procedure shall
be available to the party seeking discovery and the court of proper
jurisdiction, to entertain his or her motion, shall be the superior
court of the county in which the hearing will be held.

(B) The time periods specified in this section and of Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code and of Title 4 (commencing with
Section 2016.010) of Part 4 of the Code of Civil Procedure shall
not be applied so as to deny discovery in a hearing conducted
pursuant to this section.

(C) Delays incurred pursuant to this paragraph shall not count
toward the deadline by which the matter must be submitted for
decision required by paragraph (1).

(4) The superior court of the county in which the hearing will
be held may, upon motion of the party seeking discovery, suspend
the hearing so as to comply with the requirement of the preceding
paragraph.

(5) A witness shall not be permitted to testify at the hearing
except upon oath or affirmation. Testimony shall not be given or
evidence introduced relating to matters that occurred more than
four years before the date of the filing of the notice unless it is
relevant to the resolution of a charge pursuant to paragraph (3) of
subdivision (a) of Section 44932 or, with respect to any charge, it
is relevant for purposes of rebuttal, impeachment of a witness, or
showing that notice was given.

(b) The administrative law judge on the hearing panel shall hold
a final status conference at least seven calendar days before the
hearing is to commence to rule on procedural matters, including,
but not limited to, challenges to the qualifications of members of
the Commission on Professional Competence, as specified in
paragraph (2) of subdivision (c), if applicable, discovery disputes,
and other procedural motions. The administrative law judge on
the hearing panel may require other status or case management
conferences as necessary.

(c) (1) If the employee is charged with a charge pursuant to
paragraph (2), (6), or (9) of subdivision (a) of Section 44932, a
Commission on Professional Competence shall conduct the hearing
provided for in this section and shall comprise the hearing panel.
One member of the Commission on Professional Competence shall
be selected by the employee, one member shall be selected by the
governing board, and the third member shall be an administrative
law judge of the Office of Administrative Hearings who shall be
chairperson of the Commission on Professional Competence, a
voting member of the Commission on Professional Competence,
and responsible for performing all duties required of an
administrative law judge by this article, ruling on procedural
motions, and ensuring that the legal rights of the parties are
protected at the hearing. If either the governing board or the
employee for any reason fails to select a Commission on
Professional Competence member at least 30 calendar days before
the date of the hearing, the failure shall constitute a waiver of the
right to selection, and the county board of education or its specific
designee shall immediately make the selection. If the county board
of education is also the governing board of the school district or
has by statute been granted the powers of a governing board, the
selection shall be made by the Superintendent, who shall be
reimbursed by the school district for all costs incident to the
selection.

(2) (A) The member selected by the governing board and the
member selected by the employee shall not be related to the
employee and shall not be employees of the district initiating the
dismissal or suspension and shall hold a currently valid credential
and have at least three years’ experience within the past 10 years
in the elementary or secondary grade level discipline of the
employee.

(B) For purposes of subparagraph (A), “elementary grade level”
means kindergarten and grades 1 to 6, inclusive, and “secondary
grade level” means grades 7 to 12, inclusive.

(3) If an employee is charged with a charge pursuant to
paragraph (1), (3), (4), (5), (7), (8), (10), or (11) of subdivision (a)
of Section 44932, the hearing panel shall be comprised solely of
an administrative law judge of the Office of Administrative
Hearings.

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

(2) The hearing panel shall prepare a written decision containing
findings of fact, determinations of issues, and a disposition that
shall be, solely, one of the following:

(A) That the employee should be dismissed.

(B) That the employee should be suspended for a specific period
of time without pay.

(C) That the employee should not be dismissed or suspended.

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

(4) The hearing panel shall not have the power to dispose of the
charge of dismissal by imposing probation or other alternative
sanctions.

(5) The decision of the hearing panel shall be deemed to be the
final decision of the governing board.

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

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

(e) (1) If the Commission on Professional Competence member
selected by the governing board or the member selected by the
employee is employed by any school district in this state, the
member shall, during any service on a Commission on Professional
Competence, continue to receive salary, fringe benefits,
accumulated sick leave, and other leaves and benefits from the
district in which the member is employed, but shall receive no
additional compensation or honorariums for service on the
Commission on Professional Competence.

(2) If service on a Commission on Professional Competence
occurs during summer recess or vacation periods, the member shall
receive compensation proportionate to that received during the
current or immediately preceding contract period from the
member’s employing district, whichever amount is greater.

(f) (1) If the hearing panel determines that the employee should
be dismissed or suspended, the governing board shall pay the
expenses of the hearing, including the cost of the administrative
law judge. The state shall pay any costs incurred under paragraph
(2) of subdivision (e), and, if the Commission on Professional
Competence comprises the hearing panel, the reasonable expenses,
as determined by the administrative law judge on the hearing panel,
or another administrative law judge assigned by the Office of
Administrative Hearings, of the member selected by the governing
board and the member selected by the employee, including, but
not limited to, payments or obligations incurred for travel, meals,
and lodging, and the cost of the substitute or substitutes, if any,
for the member selected by the governing board and the member
selected by the employee. The Controller shall pay all claims
submitted to the state pursuant to this paragraph from the General
Fund, and may prescribe reasonable rules, regulations, and forms
for the submission of the claims. The employee and the governing
board shall pay their own attorney’s fees.

(2) If the hearing panel determines that the employee should
not be dismissed or suspended, the governing board shall pay the
expenses of the hearing, including the cost of the administrative
law judge, any costs incurred under paragraph (2) of subdivision
(e), and, if the Commission on Professional Competence comprises
the hearing panel, the reasonable expenses, as determined by the
administrative law judge on the hearing panel, of the member
selected by the governing board and the member selected by the
employee, including, but not limited to, payments or obligations
incurred for travel, meals, and lodging, the cost of the substitute
or substitutes, if any, for the member selected by the governing
board and the member selected by the employee. The governing
board and the employee shall pay their own attorney’s fees.

(3) Notwithstanding paragraph (1), the employee shall pay all
the expenses identified in paragraph (1), except the governing
board’s attorney fees, if the hearing panel determines that the
employee’s decision to demand a hearing was a frivolous tactic
that wasted public resources.

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

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

(6) If the decision of the Commission on Professional
Competence is finally reversed or vacated by a court of competent
jurisdiction, either the state, having paid the Commission on
Professional Competence members’ expenses, shall be entitled to
reimbursement from the governing board for those expenses, or
the governing board, having paid the expenses, shall be entitled
to reimbursement from the state.

(g) If the employee is charged with a charge pursuant to
paragraph (2), (6), or (9) of subdivision (a) of Section 44932, or
Section 44933, the hearing provided for in this section shall be
conducted in a place selected by agreement among the members
of the hearing panel. For all other hearings, the place shall be
selected by the administrative law judge on the hearing panel.

end delete

begin insert

begin insert SEC. 11. 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 dismissal or suspension proceeding initiated
pursuant to Section 44934, if a hearing is requested by the
employee, the hearing shall be commenced within 60 days from
the date of the employee’s demand for a hearing. The hearing shall
be initiated, conducted, and a decision made in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code. However, the hearing date
shall be established after consultation with the employee and the
governing board, or their representatives, and the Commission on
Professional Competence shall have all of the power granted to
an agency in that chapter, except that the right of discovery of the
parties shall not be limited to those matters set forth in Section
11507.6 of the Government Code but shall include the rights and
duties of any party in a civil action brought in a superior court
under Title 4 (commencing with Section 2016.010) of Part 4 of
the Code of Civil Procedure. Notwithstanding any provision to the
contrary, and except for the taking of oral depositions, no discovery
shall occur later than 30 calendar days after the employee is served
with a copy of the accusation pursuant to Section 11505 of the
Government Code. In all cases, discovery shall be completed prior
to seven calendar days before the date upon which the hearing
commences. If any continuance is granted pursuant to Section
11524 of the Government Code, the time limitation for
commencement of the hearing as provided in this subdivision shall
be extended for a period of time equal to the continuance. However,
the extension shall not include that period of time attributable to
an unlawful refusal by either party to allow the discovery provided
for in this section.

(2) If the right of discovery granted under paragraph (1) is
denied by either the employee or the governing board, all of the
remedies in Chapter 7 (commencing with Section 2023.010) of
Title 4 of Part 4 of the Code of Civil Procedure shall be available
to the party seeking discovery and the court of proper jurisdiction,
to entertain his or her motion, shall be the superior court of the
county in which the hearing will be held.

(3) The time periods in this section and of Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code and of Title 4 (commencing with
Section 2016.010) of Part 4 of the Code of Civil Procedure shall
not be applied so as to deny discovery in a hearing conducted
pursuant to this section.

(4) The superior court of the county in which the hearing will
be held may, upon motion of the party seeking discovery, suspend
the hearing so as to comply with the requirement of the preceding
paragraph.

(5) No witness shall be permitted to testify at the hearing except
upon oath or affirmation. No testimony shall be given or evidence
introduced relating to matters that occurred more than four years
prior to the date of the filing of the notice. Evidence of records
regularly kept by the governing board concerning the employee
may be introduced, but no decision relating to the dismissal or
suspension of any employee shall be made based on charges or
evidence of any nature relating to matters occurring more than
four years prior to the filing of the notice.

(b) (1) The hearing provided for in this section shall be
conducted by a Commission on Professional Competence. One
member of the commission shall be selected by the employee, one
member shall be selected by the governing board, and one member
shall be an administrative law judge of the Office of Administrative
Hearings who shall be chairperson and a voting member of the
commission and shall be responsible for assuring that the legal
rights of the parties are protected at the hearing. If either the
governing board or the employee for any reason fails to select a
commission member at least seven calendar days prior to the date
of the hearing, the failure shall constitute a waiver of the right to
selection, and the county board of education or its specific designee
shall immediately make the selection. If the county board of
education is also the governing board of the school district or has
by statute been granted the powers of a governing board, the
selection shall be made by the Superintendent, who shall be
reimbursed by the school district for all costs incident to the
selection.

(2) The member selected by the governing board and the
member selected by the employee shall not be related to the
employee and shall not be employees of the district initiating the
dismissal or suspension and shall hold a currently valid credential
and have at least five years’ experience within the past 10 years
in the discipline of the employee.

(c) (1) The decision of the Commission on Professional
Competence shall be made by a majority vote, and the commission
shall prepare a written decision containing findings of fact,
determinations of issues, and a disposition that shall be, solely,
one of the following:

(A) That the employee should be dismissed.

(B) That the employee should be suspended for a specific period
of time without pay.

(C) That the employee should not be dismissed or suspended.

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

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

(4) The decision of the Commission on Professional Competence
shall be deemed to be the final decision of the governing board.

(5) The board may adopt from time to time rules and procedures
not inconsistent with this section as may be necessary to effectuate
this section.

(6) The governing board and the employee shall have the right
to be represented by counsel.

(d) (1) If the member selected by the governing board or the
member selected by the employee is employed by any school
district in this state, the member shall, during any service on a
Commission on Professional Competence, continue to receive
salary, fringe benefits, accumulated sick leave, and other leaves
and benefits from the district in which the member is employed,
but shall receive no additional compensation or honorariums for
service on the commission.

(2) If service on a Commission on Professional Competence
occurs during summer recess or vacation periods, the member shall
receive compensation proportionate to that received during the
current or immediately preceding contract period from the
member’s employing district, whichever amount is greater.

(e) (1) If the Commission on Professional Competence
determines that the employee should be dismissed or suspended,
the governing board and the employee shall share equally the
expenses of the hearing, including the cost of the administrative
law judge. The state shall pay any costs incurred under paragraph
(2) of subdivision (d), the reasonable expenses, as determined by
the administrative law judge, of the member selected by the
governing board and the member selected by the employee,
including, but not limited to, payments or obligations incurred for
travel, meals, and lodging, and the cost of the substitute or
substitutes, if any, for the member selected by the governing board
and the member selected by the employee. The Controller shall
pay all claims submitted pursuant to this paragraph from the
General Fund, and may prescribe reasonable rules, regulations,
and forms for the submission of the claims. The employee and the
governing board shall pay their own attorney’s fees.

(2) If the Commission on Professional Competence determines
that the employee should not be dismissed or suspended, the
governing board shall pay the expenses of the hearing, including
the cost of the administrative law judge, any costs incurred under
paragraph (2) of subdivision (d), the reasonable expenses, as
determined by the administrative law judge, of the member selected
by the governing board and the member selected by the employee,
including, but not limited to, payments or obligations incurred for
travel, meals, and lodging, the cost of the substitute or substitutes,
if any, for the member selected by the governing board and the
member selected by the employee, and reasonable attorney’s fees
incurred by the employee.

(3) As used in this section, “reasonable expenses” shall not be
deemed “compensation” within the meaning of subdivision (d).

(4) If either the governing board or the employee petitions a
court of competent jurisdiction for review of the decision of the
commission, the payment of expenses to members of the
commission required by this subdivision shall not be stayed.

(5) (A) If the decision of the commission is finally reversed or
vacated by a court of competent jurisdiction, either the state, having
paid the commission members’ expenses, shall be entitled to
reimbursement from the governing board for those expenses, or
the governing board, having paid the expenses, shall be entitled
to reimbursement from the state.

(B) Additionally, either the employee, having paid a portion of
the expenses of the hearing, including the cost of the administrative
law judge, shall be entitled to reimbursement from the governing
board for the expenses, or the governing board, having paid its
portion and the employee’s portion of the expenses of the hearing,
including the cost of the administrative law judge, shall be entitled
to reimbursement from the employee for that portion of the
expenses.

(f) The hearing provided for in this section shall be conducted
in a place selected by agreement among the members of the
commission. In the absence of agreement, the place shall be
selected by the administrative law judge.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 44944.2 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44944.2. end insert   

Notwithstanding Section 44944, if an employee is
charged only with one or more charges pursuant to paragraph
(1), (3), or (10) of subdivision (a) of Section 44932, all of the
following shall apply:

(a) The Commission on Professional Competence shall be
comprised of only an administrative law judge.

(b) (1) In a proceeding for dismissal or suspension initiated
pursuant to Section 44934, if a hearing is requested by the
employee, the matter shall be submitted for decision within 12
months from the date of the employee’s demand for a hearing. The
administrative law judge may grant extensions beyond 12 months
for good cause, and shall grant extensions beyond 12 months upon
a stipulation by all parties.

(2) To initiate a hearing, amend charges, conduct discovery,
conduct a hearing, or render a decision, the administrative law
judge shall act in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code. However, the hearing date shall be established after
consultation with the employee and the governing board, or their
representatives, and the administrative law judge shall have all
of the power granted to an agency in that chapter.

(3) A witness shall not be permitted to testify at the hearing
except upon oath or affirmation. Testimony may be given or
evidence introduced relating to matters that occurred more than
four years before the date of the filing of the notice unless it is not
relevant.

(c) (1) If the administrative law judge determines that the
employee should be dismissed or suspended, the state shall pay
the expenses of the hearing, including the cost of the administrative
law judge. The Controller shall pay all claims submitted to the
state pursuant to this paragraph from the General Fund, and may
prescribe reasonable rules, regulations, and forms for the
submission of the claims. The employee and the governing board
shall pay their own attorney’s fees.

(2) If the administrative law judge determines that the employee
should not be dismissed or suspended, the governing board shall
pay the expenses of the hearing, including the cost of the
administrative law judge. The governing board and the employee
shall pay their own attorney’s fees.

(3) Notwithstanding paragraph (1), the employee shall pay all
the expenses identified in paragraph (1), except the governing
board’s attorney fees, if the administrative law judge determines
that the employee’s decision to demand a hearing was a frivolous
tactic that wasted public resources.

(4) If either the governing board or the employee petitions a
court of competent jurisdiction for review of the decision of the
administrative law judge, the payment of expenses to the
administrative law judge required by this subdivision shall not be
stayed.

(5) If the decision of the administrative law judge is reversed
or vacated by a court of competent jurisdiction, either the state,
having paid the administrative law judge’s expenses, shall be
entitled to reimbursement from the governing board for those
expenses, or the governing board, having paid the expenses, shall
be entitled to reimbursement from the state.

end insert

begin delete

SEC. 16.  

Section 44944.5 is added to the Education Code, to
read:

44944.5.  

Notwithstanding Section 44924, an employee may
waive his or her due process rights afforded pursuant to this article
as part of a contract or agreement between the school district, the
employee, and if applicable, the employee’s exclusive
representative. Nothing in this section shall supersede the
requirements of Section 44930.5.

end delete

begin delete

SEC. 17.  

Section 44945 of the Education Code is amended to
read:

44945.  

The decision of the hearing panel may, on petition of
either the governing board or the employee, be reviewed by a court
of competent jurisdiction in the same manner as a decision made
by a hearing officer under Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code.
The court, on review, shall exercise its independent judgment on
the evidence. The proceeding shall be set for hearing at the earliest
possible date and shall take precedence over all other cases, except
older matters of the same character and matters to which special
precedence is given by law.

end delete

begin delete SEC. 18. end delete
begin insert SEC. 13. end insert   

Section 44947 of the Education Code is amended to
read:

44947.  

If an employee is dismissed based on a charge pursuant
to paragraph (1), (3), begin delete (4), (5), (7), (8), (10), or (11) end delete begin insert or (10) end insert of
subdivision (a) of Section 44932, the governing board shall transmit
to the Commission on Teacher Credentialing and to the county
board of education that issued the certificate under which the
employee was serving at the time of his begin insert or her end insert 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 delete SEC. 19. end delete
begin insert SEC. 14. end 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.