AB 2084 — School employees: discipline: suspension and dismissal.

1 sponsors · 0 co-sponsors · 121 not signed on

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Frequently asked questions

What does AB 2084 do?

(1) Existing law prohibits a permanent school employee from being dismissed except for one or more specified reasons. Existing law establishes a Commission on Professional Competence for each dismissal or suspension hearing requested by an employee, consisting of specified members, and deems the decision of the Commission on Professional Competence to be the final decision of the governing board of the school district. This bill would, notwithstanding those provisions, define, among other things, the egregious conduct of school employees, and would revise numerous procedures for hearings of employees dismissed or suspended for a charge of egregious misconduct. The bill would, among other things, provide that such hearings shall be conducted solely by an administrative law judge, whose decision would be final. The bill would provide that the Office of Administrative Hearings shall give priority to any proceeding involving egregious misconduct. The bill would provide, if the final decision of the administrative law judge or charter school governing board is appealed to a court of competent jurisdiction, that the prevailing party on the appeal shall be entitled to an award of reasonable attorney fees and costs for the appeal. (2) 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, notwithstanding that prohibition authorize the governing board of a school district to give notice of a dismissal or suspension in a proceeding initiated pursuant to charges of egregious misconduct at any time during the calendar year. (3) Existing law prohibits testimony from being given or evidence being introduced at the hearing relating to matters that occurred more than 4 years prior to the date of the filing of the notice of dismissal or suspension. This bill would, notwithstanding that prohibition, provide, among other things, that there shall be no limitation in producing evidence reasonably relating to acts of egregious misconduct by a school employee, and that evidence of egregious misconduct shall not be excluded based on the passage of time. (4) Existing law provides that information of a derogatory nature shall not 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 an agreement that is amended, renewed, or entered into by a school district or charter school, or agent thereof, from authorizing or requiring the removal from school employees' records any evidence of credible complaints, reprimands, punishments, substantiated investigations, or discipline relating to a school employee's commission, or alleged commission, of an act of egregious misconduct, as specified. (5) Existing law provides that a school employee shall continue to be paid his or her regular salary during the period of his or her compulsory leave of absence if and during that time he or she furnishes to the school district a suitable bond, or other security acceptable to the governing board, as provided. This bill would, beginning 30 days after the school district or its authorized representative has served the school employee with written notice of the intent to dismiss for egregious misconduct through the date of the final decision to terminate the employee for egregious misconduct, authorize a school district to recover the equivalent of all payments paid to and on behalf of the school employee. The bill would prohibit such time and compensation from being used for purposes of any public retirement system. The bill would also make various findings and declarations.

Who sponsors AB 2084?

AB 2084 is sponsored by Jones.

What is the current status of AB 2084?

This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Where can I track AB 2084?

Track AB 2084 free on One Click Politics — get push/email alerts when it moves.