AB 375 — School employees: dismissal or suspension: hearing.

Summary

(1) Existing law prohibits a permanent employee from being dismissed except for one or more of specified causes, including, among other causes, immoral or unprofessional conduct. Existing law requires the governing board of a school district to give notice to a permanent employee of its intention to dismiss or suspend the employee, together with a written statement of charges, for unprofessional conduct or unsatisfactory performance, at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing. This bill would require that a 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 revise various procedures for providing notice of dismissal or suspension and would authorize a notice of dismissal or suspension to be given at any time of year, except a notice for a proceeding involving only charges of unsatisfactory performance, which would only be given during the instructional year of the schoolsite where the employee is physically employed. The bill would impose various requirements for the filing of a demand for a hearing and the conduct of hearings by the Office of Administrative Hearings. The bill would prohibit a motion for immediate reversal of suspension from having a bearing on the authority of a governing board of a school district to determine the physical placement and assignment of an employee who is suspended or placed on administrative leave during the review of the motion or while dismissal charges are pending. The bill would delete obsolete provisions relating to the suspension of a permanent employee based on knowing membership by the employee in the Communist Party. (2) Existing law provides that upon being charged, as specified, with certain sex or controlled substance offenses, a certificated employee be placed on either a compulsory leave of absence or an optional leave of absence for certain enumerated violations. This bill would revise the definitions of "charged with a mandatory leave of absence offense" and "charged with an optional leave of absence offense" for purposes of those provisions governing when a certificated employee is required to be placed on either a compulsory leave of absence or an optional leave of absence. Because these revisions would increase the number of employees subject to immediate placement on compulsory leave of absence, thereby increasing the duties of school districts, the bill would impose a state-mandated local program. (3) Existing law requires in a dismissal or suspension proceeding against a permanent employee for unprofessional conduct or unsatisfactory performance, if a hearing is requested by the employee, that the hearing be commenced within 60 days from the date of the employee's demand for a hearing. This bill would require that the hearing be commenced within 6 months from the date of the employee's demand for a hearing, and be completed by a closing of the record within 7 months from the date of the employee's demand for a hearing. The bill would revise various procedures for the conduct of those hearings, as prescribed. The bill would require that, in a dismissal or suspension proceeding carried out under the above provisions, the parties make specified disclosures in lieu of certain written discovery, as prescribed, and would authorize the parties to obtain discovery by oral deposition. The bill would require the governing board of the school district and the state to share equally the expenses of the hearing if the Commission on Professional Competence determines that the employee should be dismissed or suspended. (4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

• Enrolled 09/18/13 - Enrolled Current pdf September 18, 2013
• Amended 09/06/13 - Amended Senate pdf September 06, 2013
• Amended 06/25/13 - Amended Senate pdf June 25, 2013
• Amended 05/06/13 - Amended Assembly pdf May 06, 2013
• Amended 04/15/13 - Amended Assembly pdf April 15, 2013
• Amended 03/19/13 - Amended Assembly pdf March 19, 2013
• Introduced 02/14/13 - Introduced pdf February 14, 2013
• AB375 View text html

Action History

1. March 06, 2014

   Last day to consider Governor's veto pursuant to Joint Rule 58.5.

2. January 06, 2014

   Consideration of Governor's veto pending.

3. October 10, 2013

   Vetoed by Governor.

4. September 25, 2013

   Enrolled and presented to the Governor at 4:30 p.m.

5. September 12, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 22. Page 3326.).

6. September 12, 2013

   In Assembly. Concurrence in Senate amendments pending.

7. September 12, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 13. Page 2398.).

8. September 11, 2013

   Ordered to third reading.

9. September 11, 2013

   From committee: Do pass. (Ayes 5. Noes 2.) (September 11).

10. September 10, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (September 10). Re-referred to Com. on APPR.

11. September 09, 2013

    Joint Rule 62(a) suspended. (Ayes 27. Noes 7. Page 2265.)

12. September 09, 2013

    Joint Rule 61(a) suspended. (Ayes 27. Noes 7. Page 2265.)

13. September 06, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

14. July 03, 2013

    In committee: Set first hearing. Failed passage. Reconsideration granted.

15. June 25, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.

16. June 13, 2013

    Referred to Com. on ED.

17. May 29, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 29, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 11. Page 1723.)

19. May 24, 2013

    Read second time. Ordered to third reading.

20. May 24, 2013

    From committee: Do pass. (Ayes 13. Noes 0.) (May 24).

21. May 15, 2013

    In committee: Set, first hearing. Referred to APPR. suspense file.

22. May 07, 2013

    Re-referred to Com. on APPR.

23. May 06, 2013

    Read second time and amended.

24. May 02, 2013

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 30).

25. April 16, 2013

    Re-referred to Com. on JUD.

26. April 15, 2013

    Read second time and amended.

27. April 11, 2013

    From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 3).

28. March 20, 2013

    Re-referred to Com. on ED.

29. March 19, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.

30. March 19, 2013

    Referred to Coms. on ED. and JUD.

31. February 15, 2013

    From printer. May be heard in committee March 17.

32. February 14, 2013

    Read first time. To print.

Sponsors

• Buchanan · Primary
• Al Muratsuchi · Cosponsor
• Padilla · Cosponsor

Votes

Subjects