Bill Text: CA AB2084 | 2013-2014 | Regular Session | Introduced
Bill Title: School employees: discipline: suspension and dismissal.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-01 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2084 Detail]
Download: California-2013-AB2084-Introduced.html
BILL NUMBER: AB 2084 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones
FEBRUARY 20, 2014
An act to add Article 3.5 (commencing with Section 44990) to
Chapter 4 of Part 25 of Division 3 of Title 2 of the Education Code,
relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2084, as introduced, Jones. School employees: discipline:
suspension and dismissal.
(1) Existing law prohibits a permanent school employee from being
dismissed except for one or more specified reasons. Existing law
establishes a Commission on Professional Competence for each
dismissal or suspension hearing requested by an employee, consisting
of specified members, and deems the decision of the Commission on
Professional Competence to be the final decision of the governing
board of the school district.
This bill would, notwithstanding those provisions, define, among
other things, the egregious conduct of school employees, and would
revise numerous procedures for hearings of employees dismissed or
suspended for a charge of egregious misconduct. The bill would, among
other things, provide that such hearings shall be conducted solely
by an administrative law judge, whose decision would be final. The
bill would provide that the Office of Administrative Hearings shall
give priority to any proceeding involving egregious misconduct. The
bill would provide, if the final decision of the administrative law
judge or charter school governing board is appealed to a court of
competent jurisdiction, that the prevailing party on the appeal shall
be entitled to an award of reasonable attorney fees and costs for
the appeal.
(2) Existing law authorizes a governing board of a school district
to give notice to a permanent employee of its intention to dismiss
or suspend him or her for specified causes at the expiration of 30
days from the date of service of the notice, unless the employee
demands a hearing. Existing law prohibits that notice from being
given between May 15 and September 15 in any year.
This bill would, notwithstanding that prohibition authorize the
governing board of a school district to give notice of a dismissal or
suspension in a proceeding initiated pursuant to charges of
egregious misconduct at any time during the calendar year.
(3) Existing law prohibits testimony from being given or evidence
being introduced at the hearing relating to matters that occurred
more than 4 years prior to the date of the filing of the notice of
dismissal or suspension.
This bill would, notwithstanding that prohibition, provide, among
other things, that there shall be no limitation in producing
evidence reasonably relating to acts of egregious misconduct by a
school employee, and that evidence of egregious misconduct shall not
be excluded based on the passage of time.
(4) Existing law provides that information of a derogatory nature
shall not be entered into an employee's personnel records unless the
employee is given an opportunity to review and comment on that
information.
This bill would, notwithstanding that provision, prohibit an
agreement that is amended, renewed, or entered into by a school
district or charter school, or agent thereof, from authorizing or
requiring the removal from school employees' records any evidence of
credible complaints, reprimands, punishments, substantiated
investigations, or discipline relating to a school employee's
commission, or alleged commission, of an act of egregious misconduct,
as specified.
(5) Existing law provides that a school employee shall continue to
be paid his or her regular salary during the period of his or her
compulsory leave of absence if and during that time he or she
furnishes to the school district a suitable bond, or other security
acceptable to the governing board, as provided.
This bill would, beginning 30 days after the school district or
its authorized representative has served the school employee with
written notice of the intent to dismiss for egregious misconduct
through the date of the final decision to terminate the employee for
egregious misconduct, authorize a school district to recover the
equivalent of all payments paid to and on behalf of the school
employee. The bill would prohibit such time and compensation from
being used for purposes of any public retirement system. The bill
would also make various findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Stop
Child Molesters, Sexual Abusers and Drug Dealers from Working in
California Schools Act.
Stop Child Molesters, Sexual Abusers and Drug Dealers from
Working in California Schools Act
SEC. 2. The Legislature finds and declares all of the following:
(a) California statutes do not enable school districts to
expeditiously and permanently protect innocent students and staff
from school employees who perpetrate acts of child molestation,
sexual abuse, drug dealing, and other egregious misconduct.
(b) Any number of press reports of egregious misconduct against
children and staff in California schools carried out by school
employees is abhorrent and indicative that California schools are not
safe from such perpetrators:
(1) In Los Angeles a third grade school employee abusing dozens of
students ages 6 to 10, inclusive, including spoon-feeding semen and
semen-laced cookies to blindfolded children, over a period of at
least five school years.
(2) In San Clemente a middle school employee committing lewd acts,
repeated sexual assault and oral copulation with students under the
age of 14.
(3) In the Bay Area a third grade school employee sexually
penetrating a child, performing lewd acts on a child and molesting
students over a period of at least three school years; and, another
school employee engaging in unlawful sexual intercourse with a minor
under the age of 16, oral copulation of a person under 16 and
performing lewd acts on a child.
(4) In the Silicon Valley a school employee selling crystal
methamphetamine and date-rape drug GHB to undercover police.
(5) In Sacramento a school employee alleged to have sexually
molested students not being dismissed but transferred to another
school and the next school year committing child molestation and
sexual battery on students.
(6) In the Central Valley a school employee disciplined for one
week by one school district returning to work as a school substitute
in another district and committing child molestation and lewd and
lascivious acts with elementary students.
(7) In Simi Valley a school employee committing lewd acts and oral
copulation with a student under the age of 14.
(8) In the Inland Empire prosecution of a school employee
committing countless sexual offenses and abuse against a student
brought to light two more victims of sexual offenses by the same
school employee; and, a middle school employee packaging crystal
methamphetamine for sale.
(9) In the High Desert a school employee committing child
molestation, oral copulation and unlawful intercourse with a minor in
the classroom.
(10) In San Diego a middle school employee of the year receiving
and possessing child pornography, including explicit images of a
10-year-old girl, and possessing a computer and disks containing
images of minors - many of them prepubescent - engaged in sexually
explicit conduct.
(c) Most school districts do everything within their power to
protect innocent students and staff from school employees who
perpetrate acts of child molestation, sexual abuse, drug dealing and
other egregious misconduct despite inadequate state laws.
(d) Current law includes loopholes for school employees
perpetrating egregious misconduct to remain on the public payroll and
earn continuing retirement credit for excessive time after having
been charged in writing with committing egregious misconduct and
being notified of a decision to terminate employment thereby
increasing the dismissal costs to school districts and draining
resources from schools and the children they serve.
(e) School employees perpetrating egregious misconduct in
California have exploited loopholes to delay and conceal dismissal
proceedings manipulating school districts to pay-off, reassign, enter
into agreements to expunge evidence of egregious misconduct from
district personnel files, and approve secret settlement agreements
enabling the school employee to continue to perpetrate offenses in
other schools and school districts, thereby infringing on the
inalienable right of students and staff to attend public primary,
elementary, junior high, and senior high school campuses which are
safe, secure and peaceful as guaranteed by the Constitution of the
State of California.
(f) Accordingly, the Legislatures declares that to secure the
constitutional guarantee of students and staff to be safe and secure
in their persons at public primary, elementary, junior high and
senior high school campuses, school districts must have the
appropriate statutory authority to expeditiously remove and
permanently dismiss perpetrators of egregious misconduct without
facing lengthy and costly litigation or creating incentives to
transfer the school employee to another assignment, school or school
district.
SEC. 3. Article 3.5 (commencing with Section 44990) is added to
Chapter 4 of Part 25 of Division 3 of Title 2 of the Education Code,
to read:
Article 3.5. Stop Child Molesters, Sexual Abusers and Drug
Dealers from Working in California Schools Act
44990. As used in this part, the following terms have the
following meanings:
(a) "Egregious misconduct" means conduct for which a school
employee is subject to discipline or dismissal and that conduct is
also reasonably related to any offense as described in Sections 44010
and 44011 of this code, and Sections 11165.2 to 11165.6, inclusive
of the Penal Code, including but not limited to child molestation,
sexual abuse of minors, sexual assault on minors or adults, and
unlawful distribution of illicit or specified controlled substances.
(b) "School district" includes school district governing boards,
county superintendent of schools and county boards of education.
(c) "School employee" includes but is not limited to any
certificated or classified person whether or not providing services
through an agreement with a school district, or charter school as
specified in this part, and without regard to whether the person is
permanent, probationary, temporary, substitute, full-time or
part-time or whether the person is an employee or independent
contractor.
44991. (a) Notwithstanding any other provision of law, a notice
of dismissal or suspension in a proceeding initiated pursuant to
charges of egregious misconduct of a school employee may be served at
any time during the calendar year.
(b) Notwithstanding any other provision of law with respect to any
required hearing on the suspension or dismissal of a school employee
pursuant to charges of egregious misconduct:
(1) There shall be no limitation in producing evidence, including
but not limited to declarations, testimony or depositions from
victims or witnesses, reasonably relating to acts of egregious
misconduct by a school employee.
(2) Evidence of egregious misconduct shall not be excluded based
on the passage of time.
(3) There shall be no limitation on the amendment of written
charges for suspension or dismissal of a school employee when the
substance of the amendment is an allegation of egregious misconduct.
To the extent that written charges are amended, the school employee
shall be given a reasonable opportunity to respond to the amended
charges.
(c) Notwithstanding any other provision of law, on or after the
effective date of this part:
(1) No agreement that is amended, renewed, or entered into by a
school district or charter school, or agent thereof, shall authorize
or require the removal from school employees' records any evidence of
credible complaints, reprimands, punishments, substantiated
investigations, or discipline relating to a school employees'
commission, or alleged commission, of an act of egregious misconduct,
including but not limited to child molestation, sexual assault or
abuse of a minor or adult, or the distribution of illicit drugs and
other unlawful distribution of specified controlled substances. This
prohibition does not preclude a provision in any agreement for the
removal of documents containing unfounded, erroneous or false
allegations from a school employees' permanent personnel file upon a
finding by the governing board by majority vote that the information
was unfounded, erroneous or false, upon the order of an
administrative law judge in a final decision of an adverse action or
order of a court of competent jurisdiction as otherwise provided by
law.
(2) No school district or charter school, or agent thereof, shall
enter into an agreement that would prevent a report of any change in
the employment status of a school employee alleged to have engaged in
egregious misconduct, including but not limited to reporting to any
local, state or federal law enforcement agency, or reports as
mandated by Section 44030.5. Change in employment status includes,
but is not limited to, dismissal, nonreelection, resignation,
suspension or placement on administrative leave for more than 10 days
as a final adverse action, retirement, or termination, a decision
not to employ or reemploy.
(3) Mandatory reports of change of employment status of a school
employee pursuant to Section 44030.5, when the misconduct included
egregious misconduct, shall be subject to disclosure by the
commission under the procedures of the California Public Records Act
(Ch. 3.5 (commencing with Section 6250) of the Government Code). This
paragraph does not authorize the release of personal directory
information such as the address, telephone number, or email of the
school employee nor does it alter the public disclosure requirements
otherwise applicable to the commission
(d) Notwithstanding any other provision of law:
(1) Any required hearing that involves egregious misconduct by a
school employee holding a certificate shall be conducted solely by an
administrative law judge.
(2) The decision of the administrative law judge with regard to
any required hearing conducted pursuant to paragraph (1) shall be the
final decision regarding the discipline of the school employee.
(3) There shall be no restriction on a school district governing
board in the physical placement or duties of a school employee during
the pendency of a proceeding pursuant to paragraph (1).
(4) The final decision by the administrative law judge pursuant to
paragraph (1) may, on petition of either the governing board of the
school district or the school employee, be reviewed by a court of
competent jurisdiction. 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
other cases, except older matters of the same character and matters
to which special precedence is given by law.
(e) Nothing in this section shall require a charter school
governing board to follow state laws that do not otherwise apply to
them, or infringe upon the authority of a charter school to utilize
an expedited disciplinary procedure, including an alternative
administrative procedure, for suspending or dismissing a certificated
school employee for egregious misconduct.
44992. (a) The Office of Administrative Hearings shall give
priority to any proceedings involving egregious misconduct by school
employees.
(b) An administrative law judge shall only grant a continuance in
a proceeding involving allegations of egregious misconduct by a
school employee for good cause, and upon granting the continuance, if
any, the administrative law judge shall establish a final timetable
for the proceedings ensuring a reasonable time for the completion of
the hearing.
(c) The Chief Administrative Law Judge of the Office of
Administrative Hearings may prospectively prohibit an administrative
law judge from hearing a proceeding involving egregious misconduct by
a school employee if the chief believes there has been undue delay
or excessive granting of continuances caused by the administrative
law judge previously hearing such proceedings.
44993. (a) If the final decision is that employment of a school
employee is terminated for reason of egregious misconduct, the school
district may recover the equivalent of all payments paid to and on
behalf of the school employee beginning 30 days after the school
district or its authorized representative has served the school
employee with written notice of the intent to dismiss for egregious
misconduct through the date of the final decision in the disciplinary
proceedings.
(b) Subdivision (a) shall only be operative in a school district
if that school district governing board adopts a resolution at a duly
noticed public hearing that it intends to exercise the authority
pursuant to subdivision (a) with respect to termination of specified
school employees and notifies all classes of affected school
employees in writing, and a written copy of the resolution is
incorporated into the school district's written notice to a school
employee of its intent to dismiss for the reason of egregious
misconduct.
(c) A school district may notify the Franchise Tax Board for
purposes of taking appropriate action to recover the equivalent of
the payments specified in subdivision (a) when a final decision is
termination for the reason of egregious misconduct. The Franchise Tax
Board may seek reimbursement for costs from the school district for
any costs incurred in assisting the district recover payments
pursuant to this subdivision.
(d) The time period beginning 30 days after service of a written
notice of the intent to dismiss for the reason of egregious
misconduct through the date of the final decision of disciplinary
proceedings ultimately dismissing a school employee for the reason of
egregious misconduct shall not constitute creditable service for
purposes of any public retirement system.
(e) Payments made to a school employee during the time period
beginning 30 days after service of a written notice of the intent to
dismiss for the reason of egregious misconduct through the date of
the final decision of disciplinary proceedings ultimately dismissing
a school employee for the reason of egregious misconduct shall not
constitute creditable compensation for purposes of any public
retirement system.
44994. If the final decision of the administrative law judge or
charter school governing board in any proceeding addressing
allegations of egregious misconduct by a school employee is appealed
to a court of competent jurisdiction, the prevailing party on the
appeal shall be entitled to an award of reasonable attorney fees and
costs for the appeal. The court in rendering its decision on the
appeal shall determine the award of attorney fees and costs to the
prevailing party.
44995. In addition to any other discipline or punishment provided
by law, any school employee who alleges that another school employee
has engaged in egregious misconduct knowing at the time of making
the allegation that the allegation was false shall be subject to
certificate revocation, if applicable.
