Bill Text: CA AB2525 | 2021-2022 | Regular Session | Introduced
Bill Title: School employees: dismissal or suspension: hate violence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-03-10 - Referred to Com. on ED. [AB2525 Detail]
Download: California-2021-AB2525-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2525
| Introduced by Assembly Member Bryan |
February 17, 2022 |
An act to amend Sections 233 and 44932 of the Education Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2525, as introduced, Bryan.
School employees: dismissal or suspension: hate violence.
Existing law requires the State Board of Education, at the request of the Superintendent of Public Instruction, to take certain actions aimed at discouraging the development of discriminatory attitudes in schools and at preventing and responding to hate violence, as defined, as long as the actions do not result in a state mandate or an increase in costs to a state or local program. Existing law requires that the state board take action only if private funds are available in an amount that also covers the related department activities. Existing law defines “hate crime” in the Penal Code to mean a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: disability, gender, nationality, race or ethnicity, religion, sexual orientation, and association with a person or group with one or more of those actual or
perceived characteristics.
This bill would expand the definition of “hate violence” to include these hate crimes to the extent they are not already included, and to include crimes committed based on actual or perceived gender expression or gender identity, for purposes of the State Board of Education’s actions aimed at discouraging the development of discriminatory attitudes in schools and at preventing and responding to hate violence.
Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including, among others, immoral or unprofessional conduct.
This bill would add failure to address complaints of hate violence, as redefined by the bill, to those enumerated causes.
This bill would also make nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 233 of the Education Code is amended to read:233.
(a) At the request of the(1) Adopt policies directed toward creating a school environment in kindergarten and grades 1 to 12, inclusive, that is free from discriminatory attitudes and
practices and acts of hate violence.
(2) Revise, as needed, and in accordance with the State Board of Education’s adopted Schedule for Curriculum Framework Development and Adoption of Instructional Materials developed pursuant to Section 60200, 60200 and adopted by the state board, the state curriculum frameworks and guidelines and the moral and civic education curricula to include human relations education, with the aim of fostering an appreciation of the diversity of California’s population and discouraging the development of discriminatory attitudes and practices.
(3) Establish guidelines for use in teacher
and administrator in-service training programs to promote an appreciation of diversity and to discourage the development of discriminatory attitudes and practices that prevent pupils from achieving their full potential.
(4) Establish guidelines for use in teacher and administrator in-service training programs designed to enable teachers and administrators to prevent and respond to acts of hate violence occurring on their school campuses.
(5) Establish guidelines designed to raise the awareness and sensitivity of teachers, administrators, and school employees to potentially prejudicial and discriminatory behavior and to encourage the participation of these groups in these programs.
(6) Develop guidelines relating to the development of nondiscriminatory instructional and counseling methods.
(7) Revise any appropriate guidelines previously adopted by the state board to include procedures for preventing and responding to acts of hate violence.
(b) The State Department of Education, department, in accordance with policies established by the State Board
of Education state board for purposes of this subdivision, shall do all of the following:
(1) Prepare guidelines for the design and implementation of local programs and instructional curricula that promote understanding, awareness, and appreciation of the contributions of people with diverse backgrounds and of harmonious relations in a diverse society. The guidelines shall include methods of evaluating the programs and curricula and suggested procedures to ensure coordination of the programs and curricula with appropriate local public and private agencies.
(2) Provide grants, from funds appropriated for that purpose, to school districts and county offices of education to develop programs and curricula consistent with the guidelines developed in paragraph (1).
(3) To the extent possible, provide advice and direct services, consistent with the guidelines developed in paragraph (1), to school districts and county offices of education that implement the programs and curricula developed in paragraph (2).
(c) The State Board of Education state board shall carry out this section only if private funds, in an amount sufficient to pay for related State Department of Education department staff activities on behalf of the
state board, are made available.
(d) Nothing in this This section shall be construed to does not require the governing board of a school district to offer any ethnic studies or human relations courses in the school district.
(e) As used in this section, “hate violence” means any act punishable under Section 422.6, 422.7, or 422.75 of the Penal Code.
Code, and any criminal act that is a “hate crime” pursuant to Section 422.55 of the Penal Code, and includes any criminal act based on an actual or perceived characteristic specified in Section 200 of this code.
SEC. 2.
Section 44932 of the Education Code is amended to read:44932.
(a) A permanent employee shall not be dismissed except for one or more of the following causes:(1) Immoral conduct, including, but not limited to, egregious misconduct. For purposes of this chapter, “egregious misconduct” is defined exclusively as immoral conduct that is the basis for an offense described in Section 44010 or 44011 of this code, or in Sections 11165.2 to 11165.6, inclusive, of the Penal Code.
(2) Unprofessional conduct.
(3) Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by Chapter 188 of the Statutes of 1919, or in any amendment to that chapter.
(4) Dishonesty.
(5) Unsatisfactory performance.
(6) Evident unfitness for service.
(7) Physical or mental condition unfitting him or her the permanent employee to instruct
instruct, or associate with with,
children.
(8) Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the state board or by the governing board of the school district employing him or her. the permanent employee.
(9) Conviction of a felony or of any crime involving moral turpitude.
(10) Violation of Section 51530 or conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the Statutes of 1947.
(11) Alcoholism or other drug abuse that makes the employee unfit to instruct
instruct, or associate with with,
children.
(12) Failure to address complaints of hate violence, as defined in subdivision (e) of Section 233.
(b) The governing board of a school district may suspend without pay for a specific period of time on grounds of unprofessional conduct a permanent certificated employee or, in a school district with an average daily attendance of less than 250 pupils, a probationary employee, pursuant to the procedures specified in Sections 44933, 44934, 44934.1, 44935, 44936, 44937, 44943, and 44944. This authorization does not apply to a school district that has adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
