California 2017-2018 Regular Session Status: Enacted

AB 2128 — School employees: dismissal or suspension: hearings: evidence.

Last action — Chaptered by Secretary of State - Chapter 816, Statutes of 2018.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law establishes procedures for the dismissal and suspension of school employees. Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes. Existing law prohibits, for certain dismissal or suspension proceedings, testimony or evidence relating to matters that occurred more than 4 years before the date of the filing of the notice of the governing board of the school district to an employee of its intention to dismiss or suspend him or her. Existing law also prohibits, for those dismissal or suspension proceedings, a decision relating to the dismissal or suspension of an employee to be made based on charges or evidence of any nature relating to matters occurring more than 4 years before the filing of the notice. Existing law exempts from these provisions allegations of a sex offense or an act of child abuse or neglect. This bill would also exempt from those provisions testimony, evidence, or a dismissal or suspension decision regarding allegations of behavior or communication of a sexual nature with a pupil that is beyond the scope or requirements of the educational program, for purposes of a disciplinary proceeding based on similar conduct, as specified, and testimony, evidence, or a dismissal or suspension decision regarding allegations of specified offenses involving lewd and lascivious acts and certain types of contact or communication with minors, for purposes of any disciplinary proceeding.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 816, Statutes of 2018.

  2. Approved by the Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6353.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5277.).

  7. Read second time and amended. Ordered to consent calendar.

  8. From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 7. Noes 0.) (July 3).

  9. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 13). Re-referred to Com. on JUD.

  10. Referred to Coms. on ED. and JUD.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 5240.)

  13. Read third time and amended. Ordered to third reading. (Page 5204.)

  14. Read second time. Ordered to third reading.

  15. Ordered to second reading.

  16. Withdrawn from committee.

  17. Re-referred to Com. on APPR.

  18. Read second time and amended.

  19. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 24).

  20. Re-referred to Com. on JUD.

  21. Read second time and amended.

  22. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 11).

  23. Re-referred to Com. on ED.

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

  25. Referred to Coms. on ED. and JUD.

  26. From printer. May be heard in committee March 11.

  27. Read first time. To print.

Sponsors

  • Baker · Cosponsor
  • Kiley · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Kiley

Co-sponsors (1)

  • Baker

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2128 KILEY Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 58000
Democratic 16000
Republican 6000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Mathis — Yea
Melendez — Yea
Thurmond — Yea
Weber — Yea
Wood — Yea
Chávez — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Friedman — Yea
Gray — Yea
Burke — Yea
Chiu — Yea
Cooley — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
McCarty — Yea
Nazarian — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Frazier — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Harper — Yea
Jones-Sawyer — Yea
Rubio — Yea
Salas — Yea
Kiley — Yea
Maienschein — Yea
Mayes — Yea
Rivas — Yea
Medina — Yea
Fong — Yea
Bigelow — Yea
Chau — Yea
Chu — Yea
Cooper — Yea
Mullin — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Steinorth — Yea
Voepel — Yea
Waldron — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Consent Calendar AB2128

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Beall — Yea
Bradford — Yea
Hertzberg — Yea
Morrell — Yea
Wieckowski — Yea
Delgado — Yea
Glazer — Yea
Fuller — Not Voting
Galgiani — Yea
Allen — Yea
Cannella — Not Voting
De León — Yea
Chang — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Dodd — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Anderson — Yea
Bates — Yea
Lara — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wilk — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 2128 KILEY Assembly Third Reading

Passed 74 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 15000
Unaffiliated 53004
Republican 6000
Total 74004
% of votes cast 95%0%0%5%
How each member voted (78)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Kamlager-Dove — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Quirk — Yea
Voepel — Yea
Chu — Yea
Eggman — Not Voting
Cooper — Yea
Cunningham — Yea
Daly — Yea
Gloria — Yea
Holden — Yea
Jones-Sawyer — Yea
Chiu — Yea
Mullin — Yea
Thurmond — Yea
Frazier — Yea
Friedman — Yea
Rubio — Yea
Salas — Yea
Kiley — Yea
Burke — Yea
Fong — Yea
Low — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
McCarty — Yea
Medina — Yea
Gray — Not Voting
Melendez — Yea
Chau — Yea
Acosta — Yea
Baker — Yea
Chávez — Yea
Cooley — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wood — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety civil-rights education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2128 do?
Existing law establishes procedures for the dismissal and suspension of school employees. Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes. Existing law prohibits, for certain dismissal or suspension proceedings, testimony or evidence relating to matters that occurred more than 4 years before the date of the filing of the notice of the governing board of the school district to an employee of its intention to dismiss or suspend him or her. Existing law also prohibits, for those dismissal or suspension proceedings, a decision relating to the dismissal or suspension of an employee to be made based on charges or evidence of any nature relating to matters occurring more than 4 years before the filing of the notice. Existing law exempts from these provisions allegations of a sex offense or an act of child abuse or neglect. This bill would also exempt from those provisions testimony, evidence, or a dismissal or suspension decision regarding allegations of behavior or communication of a sexual nature with a pupil that is beyond the scope or requirements of the educational program, for purposes of a disciplinary proceeding based on similar conduct, as specified, and testimony, evidence, or a dismissal or suspension decision regarding allegations of specified offenses involving lewd and lascivious acts and certain types of contact or communication with minors, for purposes of any disciplinary proceeding.
Who sponsors AB 2128?
AB 2128 is sponsored by Baker and Kiley.
What is the current status of AB 2128?
This bill has been enacted into law. Introduced February 08, 2018. Enacted.
Where can I track AB 2128?
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