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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 494Introduced by Senator CorteseFebruary 19, 2025An act to amend Sections 45113 and 88013 of the Education Code, relating to school and community college employees. LEGISLATIVE COUNSEL'S DIGESTSB 494, as introduced, Cortese. Classified school and community college employees: disciplinary hearings: appeals: contracted administrative law judges.(1) Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district or community college district to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district or community college district to prescribe written rules and regulations governing the personnel management of the classified service whereby classified employees are designated as permanent employees after serving a prescribed period of probation. Existing law subjects a permanent classified employee to disciplinary action only for cause, as prescribed by rule or regulation of the governing board of the school district or community college district. Existing law requires the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings that contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall not be less than 5 days after service of notice to the employee, as provided.This bill would instead require the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings authorizing the employee to request a hearing within a minimum of 30 days after service of notice of the specific charges to the employee, as provided.(2) Existing law authorizes the governing board of a school district or community college district to enter into a collective bargaining agreement with an employee organization, as specified. Existing law authorizes the governing board of a school district or community college district to delegate its authority to determine whether sufficient cause exists for disciplinary action against a classified employee, excluding a peace officer, to an impartial third-party hearing officer, pursuant to the terms of the collective bargaining agreement, as provided.This bill would delete that delegation authority only for the governing board of a community college district.(3) If a classified employee is notified by the governing board of a school district or community college district that the employees service will not be required for the ensuing year due to lack of work or lack of funds, existing law authorizes the employee to request a hearing to determine if there is cause for not reemploying the employee for those reasons, as provided. Existing law requires an administrative law judge to conduct that hearing and to prepare a proposed decision, as specified.Existing law authorizes any county or other local public entity to contract with the Office of Administrative Hearings, and authorizes the office to contract for services for an administrative law judge or a hearing officer to conduct proceedings, as provided.This bill would authorize a permanent classified employee of a school district, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, paid by the school district and jointly selected by the district and the employee or their employee organization unless the employee organization and the school district have agreed to an alternative method of appealing disciplinary action. If a permanent classified employee of a community college district, excluding a peace officer, requests a hearing on the charges lodged against the employee, the bill would require a contracted administrative law judge, paid for by the community college district and jointly selected by the district and the employee or their employee organization, to preside over the hearing and determine the outcome of the disciplinary action. The bill would make the contracted administrative law judges decision subject to judicial review pursuant to specified standards of review of arbitration awards, as provided. The bill would require the court, for judicial review of an administrative law judges decision for disciplinary action by a community college district, to also exercise independent judgment on the evidence and for the hearing to be set at the earliest possible date and take precedence over all other cases, except as specified.(4) The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law extends certain employment rules applicable to classified employees of school districts to classified employees of joint powers authorities consisting of 2 or more school districts, as provided, including the rule that a permanent classified employee may be subject to disciplinary action only for cause, as prescribed by rule or regulation of the governing board. Existing law also extends certain employment rules, including the rule related to disciplinary action, to classified employees employed by a county superintendent of schools.This bill would extend to the classified employees of all joint powers authorities that include a school district the above-described authorization for a permanent classified employee, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, except as specified. The bill also would extend to the classified employees of all joint powers authorities that include a community college district the above-described requirement that a contracted administrative law judge preside over a hearing and determine the outcome of the disciplinary action for a permanent classified employee that requests a hearing on the charges, as provided.(5) Existing law requires the governing board of a school district, or a delegated impartial third-party hearing officer, to delegate their authority to an administrative law judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided.This bill would additionally require a contracted administrative law judge to delegate their authority to an administrative law judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided.(6) To the extent the bill imposes additional obligations on school districts, community college districts, and county offices of education, the bill would impose a state-mandated local program.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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 45113 of the Education Code is amended to read:45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(g) (1) An employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, disciplined pursuant to the process described in subdivision (b) may appeal that disciplinary action to an administrative law judge paid by the school district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, unless the employee organization and the school district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method of appealing disciplinary action. An employee exercising this appeal right shall notify the governing board, in writing, within 30 days of receiving the initial disciplinary decision described in subdivision (b).(2) The administrative law judges determination shall be subject to judicial review pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure.(3) This subdivision shall also apply to those classified employees that are employed by any entity, including a regional occupational center or program, created or established by one or more school districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon school districts.(4) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action means dismissals and suspensions of classified employees and demotions of nonsupervisory classified employees, and does not include reprimands or warnings whether verbal or written.(g)(h) (1) A governing board of a school district district, an impartial third-party hearing officer, or an administrative law judge, as applicable, shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judges ruling shall be binding upon all parties.(2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077.(3) The term representative of the respondent, within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative.(h)(i) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (i)To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. SEC. 2. Section 88013 of the Education Code is amended to read:88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time 30 days within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e)This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action.(2) The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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.(3) This subdivision shall also apply to those classified employees that are employed by any entity created or established by one or more community college districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon community college districts.(4) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(5) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action does not include verbal or written reprimands or verbal or written warnings.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).(h) To the extent that this section, as amended by Assembly Bill 275 of the 202122 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 202122 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement.SEC. 3. 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. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 494Introduced by Senator CorteseFebruary 19, 2025An act to amend Sections 45113 and 88013 of the Education Code, relating to school and community college employees. LEGISLATIVE COUNSEL'S DIGESTSB 494, as introduced, Cortese. Classified school and community college employees: disciplinary hearings: appeals: contracted administrative law judges.(1) Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district or community college district to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district or community college district to prescribe written rules and regulations governing the personnel management of the classified service whereby classified employees are designated as permanent employees after serving a prescribed period of probation. Existing law subjects a permanent classified employee to disciplinary action only for cause, as prescribed by rule or regulation of the governing board of the school district or community college district. Existing law requires the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings that contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall not be less than 5 days after service of notice to the employee, as provided.This bill would instead require the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings authorizing the employee to request a hearing within a minimum of 30 days after service of notice of the specific charges to the employee, as provided.(2) Existing law authorizes the governing board of a school district or community college district to enter into a collective bargaining agreement with an employee organization, as specified. Existing law authorizes the governing board of a school district or community college district to delegate its authority to determine whether sufficient cause exists for disciplinary action against a classified employee, excluding a peace officer, to an impartial third-party hearing officer, pursuant to the terms of the collective bargaining agreement, as provided.This bill would delete that delegation authority only for the governing board of a community college district.(3) If a classified employee is notified by the governing board of a school district or community college district that the employees service will not be required for the ensuing year due to lack of work or lack of funds, existing law authorizes the employee to request a hearing to determine if there is cause for not reemploying the employee for those reasons, as provided. Existing law requires an administrative law judge to conduct that hearing and to prepare a proposed decision, as specified.Existing law authorizes any county or other local public entity to contract with the Office of Administrative Hearings, and authorizes the office to contract for services for an administrative law judge or a hearing officer to conduct proceedings, as provided.This bill would authorize a permanent classified employee of a school district, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, paid by the school district and jointly selected by the district and the employee or their employee organization unless the employee organization and the school district have agreed to an alternative method of appealing disciplinary action. If a permanent classified employee of a community college district, excluding a peace officer, requests a hearing on the charges lodged against the employee, the bill would require a contracted administrative law judge, paid for by the community college district and jointly selected by the district and the employee or their employee organization, to preside over the hearing and determine the outcome of the disciplinary action. The bill would make the contracted administrative law judges decision subject to judicial review pursuant to specified standards of review of arbitration awards, as provided. The bill would require the court, for judicial review of an administrative law judges decision for disciplinary action by a community college district, to also exercise independent judgment on the evidence and for the hearing to be set at the earliest possible date and take precedence over all other cases, except as specified.(4) The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law extends certain employment rules applicable to classified employees of school districts to classified employees of joint powers authorities consisting of 2 or more school districts, as provided, including the rule that a permanent classified employee may be subject to disciplinary action only for cause, as prescribed by rule or regulation of the governing board. Existing law also extends certain employment rules, including the rule related to disciplinary action, to classified employees employed by a county superintendent of schools.This bill would extend to the classified employees of all joint powers authorities that include a school district the above-described authorization for a permanent classified employee, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, except as specified. The bill also would extend to the classified employees of all joint powers authorities that include a community college district the above-described requirement that a contracted administrative law judge preside over a hearing and determine the outcome of the disciplinary action for a permanent classified employee that requests a hearing on the charges, as provided.(5) Existing law requires the governing board of a school district, or a delegated impartial third-party hearing officer, to delegate their authority to an administrative law judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided.This bill would additionally require a contracted administrative law judge to delegate their authority to an administrative law judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided.(6) To the extent the bill imposes additional obligations on school districts, community college districts, and county offices of education, the bill would impose a state-mandated local program.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 the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Senate April 10, 2025 | |
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| 7 | - | Amended IN Senate April 10, 2025 | |
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| 7 | + | ||
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| 9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Senate Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 494 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Senator CorteseFebruary 19, 2025 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Senator Cortese | |
| 18 | 18 | February 19, 2025 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Sections 45113 and 88013 of the Education Code, relating to school and community college employees. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | SB 494, as | |
| 26 | + | SB 494, as introduced, Cortese. Classified school and community college employees: disciplinary hearings: appeals: contracted administrative law judges. | |
| 27 | 27 | ||
| 28 | - | (1) Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district or community college district to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district or community college district to prescribe written rules and regulations governing the personnel management of the classified service whereby classified employees are designated as permanent employees after serving a prescribed period of probation. Existing law subjects a permanent classified employee to disciplinary action only for cause, as prescribed by rule or regulation of the governing board of the school district or community college district. Existing law requires the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings that contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall not be less than 5 days after service of notice to the employee, as provided.This bill would instead require the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings authorizing the employee to request a hearing within a minimum of 30 days after service of notice of the specific charges to the employee, as provided.(2)Existing law authorizes the governing board of a school district or community college district to enter into a collective bargaining agreement with an employee organization, as specified. Existing law authorizes the governing board of a school district or community college district to delegate its authority to determine whether sufficient cause exists for disciplinary action against a classified employee, excluding a peace officer, to an impartial third-party hearing officer, pursuant to the terms of the collective bargaining agreement, as provided.This bill would delete that delegation authority only for the governing board of a community college district.(3) | |
| 28 | + | (1) Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district or community college district to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district or community college district to prescribe written rules and regulations governing the personnel management of the classified service whereby classified employees are designated as permanent employees after serving a prescribed period of probation. Existing law subjects a permanent classified employee to disciplinary action only for cause, as prescribed by rule or regulation of the governing board of the school district or community college district. Existing law requires the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings that contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall not be less than 5 days after service of notice to the employee, as provided.This bill would instead require the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings authorizing the employee to request a hearing within a minimum of 30 days after service of notice of the specific charges to the employee, as provided.(2) Existing law authorizes the governing board of a school district or community college district to enter into a collective bargaining agreement with an employee organization, as specified. Existing law authorizes the governing board of a school district or community college district to delegate its authority to determine whether sufficient cause exists for disciplinary action against a classified employee, excluding a peace officer, to an impartial third-party hearing officer, pursuant to the terms of the collective bargaining agreement, as provided.This bill would delete that delegation authority only for the governing board of a community college district.(3) If a classified employee is notified by the governing board of a school district or community college district that the employees service will not be required for the ensuing year due to lack of work or lack of funds, existing law authorizes the employee to request a hearing to determine if there is cause for not reemploying the employee for those reasons, as provided. Existing law requires an administrative law judge to conduct that hearing and to prepare a proposed decision, as specified.Existing law authorizes any county or other local public entity to contract with the Office of Administrative Hearings, and authorizes the office to contract for services for an administrative law judge or a hearing officer to conduct proceedings, as provided.This bill would authorize a permanent classified employee of a school district, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, paid by the school district and jointly selected by the district and the employee or their employee organization unless the employee organization and the school district have agreed to an alternative method of appealing disciplinary action. If a permanent classified employee of a community college district, excluding a peace officer, requests a hearing on the charges lodged against the employee, the bill would require a contracted administrative law judge, paid for by the community college district and jointly selected by the district and the employee or their employee organization, to preside over the hearing and determine the outcome of the disciplinary action. The bill would make the contracted administrative law judges decision subject to judicial review pursuant to specified standards of review of arbitration awards, as provided. The bill would require the court, for judicial review of an administrative law judges decision for disciplinary action by a community college district, to also exercise independent judgment on the evidence and for the hearing to be set at the earliest possible date and take precedence over all other cases, except as specified.(4) The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law extends certain employment rules applicable to classified employees of school districts to classified employees of joint powers authorities consisting of 2 or more school districts, as provided, including the rule that a permanent classified employee may be subject to disciplinary action only for cause, as prescribed by rule or regulation of the governing board. Existing law also extends certain employment rules, including the rule related to disciplinary action, to classified employees employed by a county superintendent of schools.This bill would extend to the classified employees of all joint powers authorities that include a school district the above-described authorization for a permanent classified employee, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, except as specified. The bill also would extend to the classified employees of all joint powers authorities that include a community college district the above-described requirement that a contracted administrative law judge preside over a hearing and determine the outcome of the disciplinary action for a permanent classified employee that requests a hearing on the charges, as provided.(5) Existing law requires the governing board of a school district, or a delegated impartial third-party hearing officer, to delegate their authority to an administrative law judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided.This bill would additionally require a contracted administrative law judge to delegate their authority to an administrative law judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided.(6) To the extent the bill imposes additional obligations on school districts, community college districts, and county offices of education, the bill would impose a state-mandated local program.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 the statutory provisions noted above. | |
| 29 | 29 | ||
| 30 | 30 | (1) Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district or community college district to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district or community college district to prescribe written rules and regulations governing the personnel management of the classified service whereby classified employees are designated as permanent employees after serving a prescribed period of probation. Existing law subjects a permanent classified employee to disciplinary action only for cause, as prescribed by rule or regulation of the governing board of the school district or community college district. Existing law requires the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings that contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall not be less than 5 days after service of notice to the employee, as provided. | |
| 31 | 31 | ||
| 32 | 32 | This bill would instead require the governing board of a school district or community college district to adopt rules of procedure for disciplinary proceedings authorizing the employee to request a hearing within a minimum of 30 days after service of notice of the specific charges to the employee, as provided. | |
| 33 | 33 | ||
| 34 | 34 | (2) Existing law authorizes the governing board of a school district or community college district to enter into a collective bargaining agreement with an employee organization, as specified. Existing law authorizes the governing board of a school district or community college district to delegate its authority to determine whether sufficient cause exists for disciplinary action against a classified employee, excluding a peace officer, to an impartial third-party hearing officer, pursuant to the terms of the collective bargaining agreement, as provided. | |
| 35 | 35 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 36 | This bill would delete that delegation authority only for the governing board of a community college district. | |
| 39 | 37 | ||
| 40 | - | ||
| 41 | - | ||
| 42 | - | (3) | |
| 43 | - | ||
| 44 | - | ||
| 45 | - | ||
| 46 | - | (2) If a classified employee is notified by the governing board of a school district or community college district that the employees service will not be required for the ensuing year due to lack of work or lack of funds, existing law authorizes the employee to request a hearing to determine if there is cause for not reemploying the employee for those reasons, as provided. Existing law requires an administrative law judge to conduct that hearing and to prepare a proposed decision, as specified. | |
| 38 | + | (3) If a classified employee is notified by the governing board of a school district or community college district that the employees service will not be required for the ensuing year due to lack of work or lack of funds, existing law authorizes the employee to request a hearing to determine if there is cause for not reemploying the employee for those reasons, as provided. Existing law requires an administrative law judge to conduct that hearing and to prepare a proposed decision, as specified. | |
| 47 | 39 | ||
| 48 | 40 | Existing law authorizes any county or other local public entity to contract with the Office of Administrative Hearings, and authorizes the office to contract for services for an administrative law judge or a hearing officer to conduct proceedings, as provided. | |
| 49 | 41 | ||
| 50 | - | This bill would authorize a permanent classified employee of a school district, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, paid by the school district and jointly selected by the district and the employee or their employee organization unless the employee organization and the school district have agreed to an alternative method of appealing disciplinary action | |
| 42 | + | This bill would authorize a permanent classified employee of a school district, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, paid by the school district and jointly selected by the district and the employee or their employee organization unless the employee organization and the school district have agreed to an alternative method of appealing disciplinary action. If a permanent classified employee of a community college district, excluding a peace officer, requests a hearing on the charges lodged against the employee, the bill would require a contracted administrative law judge, paid for by the community college district and jointly selected by the district and the employee or their employee organization, to preside over the hearing and determine the outcome of the disciplinary action. The bill would make the contracted administrative law judges decision subject to judicial review pursuant to specified standards of review of arbitration awards, as provided. The bill would require the court, for judicial review of an administrative law judges decision for disciplinary action by a community college district, to also exercise independent judgment on the evidence and for the hearing to be set at the earliest possible date and take precedence over all other cases, except as specified. | |
| 51 | 43 | ||
| 52 | - | (4) | |
| 53 | - | ||
| 54 | - | ||
| 55 | - | ||
| 56 | - | (3) The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law extends certain employment rules applicable to classified employees of school districts to classified employees of joint powers authorities consisting of 2 or more school districts, as provided, including the rule that a permanent classified employee may be subject to disciplinary action only for cause, as prescribed by rule or regulation of the governing board. Existing law also extends certain employment rules, including the rule related to disciplinary action, to classified employees employed by a county superintendent of schools. | |
| 44 | + | (4) The Joint Exercise of Powers Act authorizes 2 or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified. Existing law extends certain employment rules applicable to classified employees of school districts to classified employees of joint powers authorities consisting of 2 or more school districts, as provided, including the rule that a permanent classified employee may be subject to disciplinary action only for cause, as prescribed by rule or regulation of the governing board. Existing law also extends certain employment rules, including the rule related to disciplinary action, to classified employees employed by a county superintendent of schools. | |
| 57 | 45 | ||
| 58 | 46 | This bill would extend to the classified employees of all joint powers authorities that include a school district the above-described authorization for a permanent classified employee, excluding a peace officer, to appeal disciplinary action, as provided, to a contracted administrative law judge, except as specified. The bill also would extend to the classified employees of all joint powers authorities that include a community college district the above-described requirement that a contracted administrative law judge preside over a hearing and determine the outcome of the disciplinary action for a permanent classified employee that requests a hearing on the charges, as provided. | |
| 59 | - | ||
| 60 | - | (4) If a hearing on the charges will be conducted by an impartial third-party hearing officer pursuant to a collective bargaining agreement, or the governing board is reviewing the impartial third-party hearing officers determination, existing law authorizes a school district or a community college district to stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. | |
| 61 | - | ||
| 62 | - | This bill would instead authorize a school district or community college district to stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested, as provided, regardless of who conducts the hearing on the charges. | |
| 63 | 47 | ||
| 64 | 48 | (5) Existing law requires the governing board of a school district, or a delegated impartial third-party hearing officer, to delegate their authority to an administrative law judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided. | |
| 65 | 49 | ||
| 66 | 50 | This bill would additionally require a contracted administrative law judge to delegate their authority to an administrative law judge to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct and involving a minor, as provided. | |
| 67 | 51 | ||
| 68 | 52 | (6) To the extent the bill imposes additional obligations on school districts, community college districts, and county offices of education, the bill would impose a state-mandated local program. | |
| 69 | 53 | ||
| 70 | 54 | 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. | |
| 71 | 55 | ||
| 72 | 56 | 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 the statutory provisions noted above. | |
| 73 | 57 | ||
| 74 | 58 | ## Digest Key | |
| 75 | 59 | ||
| 76 | 60 | ## Bill Text | |
| 77 | 61 | ||
| 78 | - | The people of the State of California do enact as follows:SECTION 1. Section 45113 of the Education Code is amended to read:45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) | |
| 62 | + | The people of the State of California do enact as follows:SECTION 1. Section 45113 of the Education Code is amended to read:45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(g) (1) An employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, disciplined pursuant to the process described in subdivision (b) may appeal that disciplinary action to an administrative law judge paid by the school district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, unless the employee organization and the school district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method of appealing disciplinary action. An employee exercising this appeal right shall notify the governing board, in writing, within 30 days of receiving the initial disciplinary decision described in subdivision (b).(2) The administrative law judges determination shall be subject to judicial review pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure.(3) This subdivision shall also apply to those classified employees that are employed by any entity, including a regional occupational center or program, created or established by one or more school districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon school districts.(4) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action means dismissals and suspensions of classified employees and demotions of nonsupervisory classified employees, and does not include reprimands or warnings whether verbal or written.(g)(h) (1) A governing board of a school district district, an impartial third-party hearing officer, or an administrative law judge, as applicable, shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judges ruling shall be binding upon all parties.(2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077.(3) The term representative of the respondent, within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative.(h)(i) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (i)To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. SEC. 2. Section 88013 of the Education Code is amended to read:88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time 30 days within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e)This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action.(2) The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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.(3) This subdivision shall also apply to those classified employees that are employed by any entity created or established by one or more community college districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon community college districts.(4) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(5) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action does not include verbal or written reprimands or verbal or written warnings.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).(h) To the extent that this section, as amended by Assembly Bill 275 of the 202122 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 202122 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement.SEC. 3. 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. | |
| 79 | 63 | ||
| 80 | 64 | The people of the State of California do enact as follows: | |
| 81 | 65 | ||
| 82 | 66 | ## The people of the State of California do enact as follows: | |
| 83 | 67 | ||
| 84 | - | SECTION 1. Section 45113 of the Education Code is amended to read:45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) | |
| 68 | + | SECTION 1. Section 45113 of the Education Code is amended to read:45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(g) (1) An employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, disciplined pursuant to the process described in subdivision (b) may appeal that disciplinary action to an administrative law judge paid by the school district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, unless the employee organization and the school district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method of appealing disciplinary action. An employee exercising this appeal right shall notify the governing board, in writing, within 30 days of receiving the initial disciplinary decision described in subdivision (b).(2) The administrative law judges determination shall be subject to judicial review pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure.(3) This subdivision shall also apply to those classified employees that are employed by any entity, including a regional occupational center or program, created or established by one or more school districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon school districts.(4) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action means dismissals and suspensions of classified employees and demotions of nonsupervisory classified employees, and does not include reprimands or warnings whether verbal or written.(g)(h) (1) A governing board of a school district district, an impartial third-party hearing officer, or an administrative law judge, as applicable, shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judges ruling shall be binding upon all parties.(2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077.(3) The term representative of the respondent, within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative.(h)(i) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (i)To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. | |
| 85 | 69 | ||
| 86 | 70 | SECTION 1. Section 45113 of the Education Code is amended to read: | |
| 87 | 71 | ||
| 88 | 72 | ### SECTION 1. | |
| 89 | 73 | ||
| 90 | - | 45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) | |
| 74 | + | 45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(g) (1) An employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, disciplined pursuant to the process described in subdivision (b) may appeal that disciplinary action to an administrative law judge paid by the school district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, unless the employee organization and the school district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method of appealing disciplinary action. An employee exercising this appeal right shall notify the governing board, in writing, within 30 days of receiving the initial disciplinary decision described in subdivision (b).(2) The administrative law judges determination shall be subject to judicial review pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure.(3) This subdivision shall also apply to those classified employees that are employed by any entity, including a regional occupational center or program, created or established by one or more school districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon school districts.(4) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action means dismissals and suspensions of classified employees and demotions of nonsupervisory classified employees, and does not include reprimands or warnings whether verbal or written.(g)(h) (1) A governing board of a school district district, an impartial third-party hearing officer, or an administrative law judge, as applicable, shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judges ruling shall be binding upon all parties.(2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077.(3) The term representative of the respondent, within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative.(h)(i) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (i)To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. | |
| 91 | 75 | ||
| 92 | - | 45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) | |
| 76 | + | 45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(g) (1) An employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, disciplined pursuant to the process described in subdivision (b) may appeal that disciplinary action to an administrative law judge paid by the school district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, unless the employee organization and the school district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method of appealing disciplinary action. An employee exercising this appeal right shall notify the governing board, in writing, within 30 days of receiving the initial disciplinary decision described in subdivision (b).(2) The administrative law judges determination shall be subject to judicial review pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure.(3) This subdivision shall also apply to those classified employees that are employed by any entity, including a regional occupational center or program, created or established by one or more school districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon school districts.(4) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action means dismissals and suspensions of classified employees and demotions of nonsupervisory classified employees, and does not include reprimands or warnings whether verbal or written.(g)(h) (1) A governing board of a school district district, an impartial third-party hearing officer, or an administrative law judge, as applicable, shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judges ruling shall be binding upon all parties.(2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077.(3) The term representative of the respondent, within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative.(h)(i) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (i)To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. | |
| 93 | 77 | ||
| 94 | - | 45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) | |
| 78 | + | 45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. conclusive, except as set forth elsewhere in this section.(c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void.(d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district.(e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.(g) (1) An employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, disciplined pursuant to the process described in subdivision (b) may appeal that disciplinary action to an administrative law judge paid by the school district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, unless the employee organization and the school district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method of appealing disciplinary action. An employee exercising this appeal right shall notify the governing board, in writing, within 30 days of receiving the initial disciplinary decision described in subdivision (b).(2) The administrative law judges determination shall be subject to judicial review pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure.(3) This subdivision shall also apply to those classified employees that are employed by any entity, including a regional occupational center or program, created or established by one or more school districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon school districts.(4) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action means dismissals and suspensions of classified employees and demotions of nonsupervisory classified employees, and does not include reprimands or warnings whether verbal or written.(g)(h) (1) A governing board of a school district district, an impartial third-party hearing officer, or an administrative law judge, as applicable, shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judges ruling shall be binding upon all parties.(2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077.(3) The term representative of the respondent, within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative.(h)(i) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). (i)To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. | |
| 95 | 79 | ||
| 96 | 80 | ||
| 97 | 81 | ||
| 98 | 82 | 45113. (a) The governing board of a school district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are designated as permanent employees of the school district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, a full-time peace officer or public safety dispatcher employed by a school district operating a dispatch center certified by the Commission on Peace Officer Standards and Training, to be designated as a permanent employee of the school district, shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional position, shall be employed in the classification from which the employee was promoted. | |
| 99 | 83 | ||
| 100 | - | (b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive, except as set forth elsewhere in this section. | |
| 84 | + | (b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board of the school district, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. conclusive, except as set forth elsewhere in this section. | |
| 101 | 85 | ||
| 102 | - | (c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void. | |
| 86 | + | (c) The governing board of a school district shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time within which the hearing may be requested that shall be not less than five 30 days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board of the school district, and any rule or regulation to the contrary is void. | |
| 103 | 87 | ||
| 104 | 88 | (d) Disciplinary action shall not be taken for any cause that arose before the employees becoming permanent, nor for any cause that arose more than two years preceding the date of the filing of the notice of cause unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing school district. | |
| 105 | 89 | ||
| 106 | - | (e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. | |
| 90 | + | (e) This section shall not be construed to prohibit the governing board of a school district, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action action, as described in subdivision (b), against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board of the school district shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. | |
| 107 | 91 | ||
| 108 | 92 | (f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing, unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to pupils, staff, or property, or committed habitual violations of the districts policies or regulations. | |
| 109 | 93 | ||
| 110 | - | (2) The school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. | |
| 94 | + | (2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The school district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. | |
| 111 | 95 | ||
| 112 | - | (3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023 | |
| 96 | + | (3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the school district until the expiration or renewal of that collective bargaining agreement. | |
| 113 | 97 | ||
| 114 | 98 | (g) (1) An employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, disciplined pursuant to the process described in subdivision (b) may appeal that disciplinary action to an administrative law judge paid by the school district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, unless the employee organization and the school district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method of appealing disciplinary action. An employee exercising this appeal right shall notify the governing board, in writing, within 30 days of receiving the initial disciplinary decision described in subdivision (b). | |
| 115 | 99 | ||
| 116 | 100 | (2) The administrative law judges determination shall be subject to judicial review pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure. | |
| 117 | - | ||
| 118 | - | ||
| 119 | - | ||
| 120 | - | (2) If an appeal is requested by the employee pursuant to this subdivision, the proceeding shall be 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 and the governing board shall have all the power granted to an agency in that chapter; except that if the employer and employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, have agreed upon an alternative method of appealing the disciplinary action, the procedures agreed to shall apply, and any decision shall be judicially reviewable only under the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure. | |
| 121 | 101 | ||
| 122 | 102 | (3) This subdivision shall also apply to those classified employees that are employed by any entity, including a regional occupational center or program, created or established by one or more school districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon school districts. | |
| 123 | 103 | ||
| 124 | 104 | (4) For purposes of this subdivision, the following definitions apply: | |
| 125 | 105 | ||
| 126 | 106 | (A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code. | |
| 127 | 107 | ||
| 128 | 108 | (B) Disciplinary action means dismissals and suspensions of classified employees and demotions of nonsupervisory classified employees, and does not include reprimands or warnings whether verbal or written. | |
| 129 | 109 | ||
| 130 | - | (h) (1) A governing board of a school district, an impartial third-party hearing officer, or an administrative law judge, as applicable, shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judges ruling shall be binding upon all parties. | |
| 110 | + | (g) | |
| 111 | + | ||
| 112 | + | ||
| 113 | + | ||
| 114 | + | (h) (1) A governing board of a school district district, an impartial third-party hearing officer, or an administrative law judge, as applicable, shall delegate its authority to a judge, as defined in Section 44990, to determine whether sufficient cause exists for disciplinary action against a classified employee involving allegations of egregious misconduct, as defined in Section 44932, and involving a minor, as defined in Section 44990. The judges ruling shall be binding upon all parties. | |
| 131 | 115 | ||
| 132 | 116 | (2) A judge authorized under this subdivision to conduct a hearing involving allegations as described in Section 44010 or 44011, or as described in Sections 11165.2 to 11165.6, inclusive, of the Penal Code, shall conduct that hearing in accordance with Article 3.3 (commencing with Section 44990) of Chapter 4 and Section 49077. | |
| 133 | 117 | ||
| 134 | - | (3) The term representative of the respondent, within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not be limited to, an exclusive labor representative. | |
| 118 | + | (3) The term representative of the respondent, within the meaning of Article 3.3 (commencing with Section 44990) of Chapter 4, shall include, but not necessarily be limited to, an exclusive labor representative. | |
| 119 | + | ||
| 120 | + | (h) | |
| 121 | + | ||
| 122 | + | ||
| 135 | 123 | ||
| 136 | 124 | (i) This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240). | |
| 137 | 125 | ||
| 138 | - | SEC. 2. Section 88013 of the Education Code is amended to read:88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the 30 days within which the hearing may be requested after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action. action, unless the employee organization and the community college district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method for the hearing and determination as to the outcome of the disciplinary action.(2)The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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.(2) If a hearing is requested by the employee pursuant to this subdivision, the proceeding shall be 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 and the governing board shall have all the power granted to an agency in that chapter; except that if the employer and employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, have agreed upon an alternative method for resolving the disciplinary action, the procedures agreed to shall apply, and any decision shall be judicially reviewable only under the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure. (3) This subdivision shall also apply to those classified employees that are employed by any entity created or established by one or more community college districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon community college districts.(4) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(5) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action does not include verbal or written reprimands or verbal or written warnings.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations.(2) The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).(h) To the extent that this section, as amended by Assembly Bill 275 of the 202122 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 202122 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. | |
| 126 | + | (i)To the extent that this section, as amended by Chapter 542 of the Statutes of 2019, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2020, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Chapter 542 of the Statutes of 2019 shall not apply to the school district until expiration or renewal of that collective bargaining agreement. | |
| 127 | + | ||
| 128 | + | ||
| 129 | + | ||
| 130 | + | SEC. 2. Section 88013 of the Education Code is amended to read:88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time 30 days within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e)This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action.(2) The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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.(3) This subdivision shall also apply to those classified employees that are employed by any entity created or established by one or more community college districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon community college districts.(4) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(5) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action does not include verbal or written reprimands or verbal or written warnings.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).(h) To the extent that this section, as amended by Assembly Bill 275 of the 202122 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 202122 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. | |
| 139 | 131 | ||
| 140 | 132 | SEC. 2. Section 88013 of the Education Code is amended to read: | |
| 141 | 133 | ||
| 142 | 134 | ### SEC. 2. | |
| 143 | 135 | ||
| 144 | - | 88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the 30 days within which the hearing may be requested after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e) | |
| 136 | + | 88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time 30 days within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e)This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action.(2) The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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.(3) This subdivision shall also apply to those classified employees that are employed by any entity created or established by one or more community college districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon community college districts.(4) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(5) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action does not include verbal or written reprimands or verbal or written warnings.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).(h) To the extent that this section, as amended by Assembly Bill 275 of the 202122 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 202122 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. | |
| 145 | 137 | ||
| 146 | - | 88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the 30 days within which the hearing may be requested after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e) | |
| 138 | + | 88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time 30 days within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e)This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action.(2) The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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.(3) This subdivision shall also apply to those classified employees that are employed by any entity created or established by one or more community college districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon community college districts.(4) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(5) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action does not include verbal or written reprimands or verbal or written warnings.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).(h) To the extent that this section, as amended by Assembly Bill 275 of the 202122 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 202122 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. | |
| 147 | 139 | ||
| 148 | - | 88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the 30 days within which the hearing may be requested after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e) | |
| 140 | + | 88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted.(b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. board.(c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time 30 days within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void.(d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district.(e)This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure.(e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action.(2) The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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.(3) This subdivision shall also apply to those classified employees that are employed by any entity created or established by one or more community college districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon community college districts.(4) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(5) For purposes of this subdivision, the following definitions apply:(A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code.(B) Disciplinary action does not include verbal or written reprimands or verbal or written warnings.(f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations.(2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested.(3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement.(g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060).(h) To the extent that this section, as amended by Assembly Bill 275 of the 202122 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 202122 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. | |
| 149 | 141 | ||
| 150 | 142 | ||
| 151 | 143 | ||
| 152 | 144 | 88013. (a) The governing board of a community college district shall prescribe written rules and regulations governing the personnel management of the classified service. These written rules and regulations shall be printed and made available to employees in the classified service, the public, and those concerned with the administration of this section, whereby these employees are, except as provided in Section 72411, designated as permanent employees of the district after serving a prescribed period of probation that shall not exceed six months or 130 days of paid service, whichever is longer. However, for a full-time peace officer or public safety dispatcher employed by a district operating a dispatch center certified by the Commission on Peace Officer Standards and Training to be designated as a permanent employee of the district, they shall serve a probationary period of not less than one year of paid service from their date of appointment to that full-time position. A permanent employee who accepts a promotion and fails to complete the probationary period for that promotional classification, shall be employed in the position from which the employee was promoted. | |
| 153 | 145 | ||
| 154 | - | (b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board. | |
| 146 | + | (b) An employee designated as a permanent employee shall be subject to disciplinary action only for cause as prescribed by rule or regulation of the governing board, but the governing boards determination of the sufficiency of the cause for disciplinary action shall be conclusive. board. | |
| 155 | 147 | ||
| 156 | - | (c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the 30 days within which the hearing may be requested after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void. | |
| 148 | + | (c) The governing board shall adopt rules of procedure for disciplinary proceedings that shall contain a provision for informing the employee by written notice of the specific charges against the employee, a statement of the employees right to a hearing on those charges, and the time 30 days within which the hearing may be requested which shall be not less than five days after service of the notice to the employee, and a card or paper, the signing and filing of which shall constitute a demand for hearing, and a denial of all charges. The burden of proof shall remain with the governing board, and any rule or regulation to the contrary shall be void. | |
| 157 | 149 | ||
| 158 | 150 | (d) Disciplinary action shall not be taken for any cause that arose before the employee became permanent, or for any cause that arose more than two years preceding the date of the filing of the notice of cause, unless the cause was concealed or not disclosed by the employee when it could be reasonably assumed that the employee should have disclosed the facts to the employing district. | |
| 159 | 151 | ||
| 160 | - | (e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action. action, unless the employee organization and the community college district have entered into an agreement pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code providing an alternative method for the hearing and determination as to the outcome of the disciplinary action. | |
| 161 | - | ||
| 162 | - | (2)The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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. | |
| 152 | + | (e)This section shall not be construed to prohibit the governing board, pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, from delegating its authority to determine whether sufficient cause exists for disciplinary action against classified employees, excluding peace officers as defined in Section 830.32 of the Penal Code, to an impartial third-party hearing officer. However, the governing board shall retain authority to review the determination under the standards set forth in Section 1286.2 of the Code of Civil Procedure. | |
| 163 | 153 | ||
| 164 | 154 | ||
| 165 | 155 | ||
| 166 | - | (2) If a hearing is requested by the employee pursuant to this subdivision, the proceeding shall be 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 and the governing board shall have all the power granted to an agency in that chapter; except that if the employer and employee organization, as that term is defined in subdivision (d) of Section 3540.1 of the Government Code, have agreed upon an alternative method for resolving the disciplinary action, the procedures agreed to shall apply, and any decision shall be judicially reviewable only under the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure. | |
| 156 | + | (e) (1) If an employee, excluding a peace officer as defined in Section 830.32 of the Penal Code, requests a hearing pursuant to subdivision (c), an administrative law judge paid by the community college district and jointly selected by the district and the employee or their employee organization, as defined in subdivision (d) of Section 3540.1 of the Government Code, shall preside over the hearing and provide a determination as to the outcome of the disciplinary action. | |
| 157 | + | ||
| 158 | + | (2) The administrative law judges determination shall be subject to judicial review, on petition of either the governing board or the employee, pursuant to the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure and in the same manner as a decision made by an administrative law judge 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. | |
| 167 | 159 | ||
| 168 | 160 | (3) This subdivision shall also apply to those classified employees that are employed by any entity created or established by one or more community college districts pursuant to statute, exercising any joint power pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, or as otherwise conferred by law upon community college districts. | |
| 169 | 161 | ||
| 170 | 162 | (4) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2026, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement. | |
| 171 | 163 | ||
| 172 | 164 | (5) For purposes of this subdivision, the following definitions apply: | |
| 173 | 165 | ||
| 174 | 166 | (A) Administrative law judge means an administrative law judge contracted from the Office of Administrative Hearings pursuant to Section 27727 of the Government Code. | |
| 175 | 167 | ||
| 176 | 168 | (B) Disciplinary action does not include verbal or written reprimands or verbal or written warnings. | |
| 177 | 169 | ||
| 178 | - | (f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations. | |
| 170 | + | (f) (1) Except as specified in paragraph (2), a permanent employee who timely requests a hearing on charges against the employee shall not be suspended without pay, suspended with a reduction in pay, demoted with a reduction in pay, or dismissed before a decision is rendered after the hearing unless the governing board, or an impartial third-party hearing officer provided pursuant to the terms of an agreement with an employee organization under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, board finds that at the time discipline was imposed at the conclusion of the review process specified in Skelly v. State Personnel Bd. (1975) 15 Cal.3d 194, the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal misconduct, misconduct that presents a risk of harm to students, staff, or property, or committed habitual violations of the districts policies or regulations. | |
| 179 | 171 | ||
| 180 | - | (2) The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. | |
| 172 | + | (2) If a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to subdivision (e), the The community college district may stop paying a permanent employee before a decision is rendered after 30 calendar days from the date the hearing is requested. | |
| 181 | 173 | ||
| 182 | - | (3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023 | |
| 174 | + | (3) To the extent that this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2023, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this subdivision shall not apply to the community college district until the expiration or renewal of that collective bargaining agreement. | |
| 183 | 175 | ||
| 184 | 176 | (g) This section shall apply only to districts not incorporating the merit system as outlined in Article 3 (commencing with Section 88060). | |
| 185 | 177 | ||
| 186 | 178 | (h) To the extent that this section, as amended by Assembly Bill 275 of the 202122 Regular Session, conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 275 of the 202122 Regular Session shall not apply to the community college district until expiration or renewal of that collective bargaining agreement. | |
| 187 | 179 | ||
| 188 | 180 | SEC. 3. 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. | |
| 189 | 181 | ||
| 190 | 182 | SEC. 3. 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. | |
| 191 | 183 | ||
| 192 | 184 | SEC. 3. 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. | |
| 193 | 185 | ||
| 194 | 186 | ### SEC. 3. |