Joan Buchanan
- Democratic
Author
(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.
Last day to consider Governor's veto pursuant to Joint Rule 58.5.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and presented to the Governor at 4:30 p.m.
Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 13. Page 2398.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 22. Page 3326.).
In Assembly. Concurrence in Senate amendments pending.
From committee: Do pass. (Ayes 5. Noes 2.) (September 11).
Ordered to third reading.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (September 10). Re-referred to Com. on APPR.
Joint Rule 61(a) suspended. (Ayes 27. Noes 7. Page 2265.)
Joint Rule 62(a) suspended. (Ayes 27. Noes 7. Page 2265.)
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.
In committee: Set first hearing. Failed passage. Reconsideration granted.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 64. Noes 11. Page 1723.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 13. Noes 0.) (May 24).
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (April 30).
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 3).
From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended.
From printer. May be heard in committee March 17.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB375 | HTML |
| 02/14/13 - Introduced | |
| 03/19/13 - Amended Assembly | |
| 04/15/13 - Amended Assembly | |
| 05/06/13 - Amended Assembly | |
| 06/25/13 - Amended Senate | |
| 09/06/13 - Amended Senate | |
| 09/18/13 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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