Bill Text: CA SB494 | 2025-2026 | Regular Session | Amended

California Senate Bill 494

Bill Title: Charter schools: establishment prohibition and renewal procedures.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed) 2025-09-13 - Ordered to inactive file on request of Assembly Member Aguiar-Curry. [SB494 Detail]

Download: California-2025-SB494-Amended.html

Amended IN Assembly September 09, 2025

Amended IN Assembly July 10, 2025

Amended IN Senate April 10, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill

No. 494

Introduced by Senator Cortese

February 19, 2025

An act to amend Sections ~~45113 and 88013~~ 47607.2 and 47612.7 of the Education Code, relating to ~~school and community college employees.~~ charter schools.

LEGISLATIVE COUNSEL'S DIGEST

SB 494, as amended, Cortese. ~~Classified school and community college employees: disciplinary hearings: appeals: contracted administrative law judges.~~ Charter schools: establishment prohibition and renewal procedures.

(1) Existing law, the Charter Schools Act of 1992, authorizes the establishment, operation, and governance of charter schools. Existing law authorizes a charter school that has an approved charter to receive funding for nonclassroom-based instruction only if a determination for funding is made by the State Board of Education, as specified. The act prohibits, from January 1, 2020, to January 1, 2026, inclusive, the approval of a petition for the establishment of a new charter school offering nonclassroom-based instruction, as specified.
This bill would extend that prohibition to continue through January 1, 2027.
(2) Existing law, until January 1, 2026, sets out performance standards and procedures for the renewal of the charter of an existing charter school, including, among other things, the use of verified data, as provided. Existing law sets out revised standards and procedures that are operative on and after January 1, 2026, that, among other things, no longer requires a chartering authority to use verified data and instead requires a chartering authority to use only the data reported on the California School Dashboard in making a renewal decision, as provided.
This bill would extend, until January 1, 2027, the operation of the performance standards and procedures for the renewal of charter schools that would otherwise be inoperative on January 1, 2026, and would delay the operation of the revised standards and procedures until January 1, 2027. To the extent the bill imposes new duties on local educational agencies acting as chartering authorities, the bill would impose a state-mandated local program.
(3) 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.
(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 employee’s 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)If a classified employee is notified by the governing board of a school district or community college district that the employee’s 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. The bill would require this alternative method of appealing a disciplinary action to be subject to judicial review pursuant to specified standards of review of arbitration awards, as provided. 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, as provided, unless the employee organization and the community college district have agreed to an alternative method of resolving the disciplinary action. The bill would require this alternative method of resolving disciplinary action to be subject to judicial review pursuant to specified standards of review of arbitration awards, as provided.
(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.
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.
(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 officer’s 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.
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.
(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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 47607.2 of the Education Code, as amended by Section 57 of Chapter 44 of the Statutes of 2021, is amended to read:

47607.2.

(a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision:

(A) The charter school has received the two lowest performance levels schoolwide on all the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 for which it receives performance levels.

(B) For all measurements of academic performance, the charter school has received performance levels schoolwide that are the same or lower than the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are lower than the state average.

(2) Notwithstanding paragraph (1), if the two consecutive years immediately preceding the renewal decision include the 2019–20 or 2020–21 school year, the chartering authority shall not renew a charter if either of the following apply for two of the most recent years for which state data is available preceding the renewal decision:

(3) A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision.

(4) The chartering authority shall consider the following factors, and may renew a charter that meets the criteria in paragraph (1) or (2) only upon making both of the following written factual findings, specific to the particular petition, setting forth specific facts to support the findings:

(A) The charter school is taking meaningful steps to address the underlying cause or causes of low performance, and those steps are reflected, or will be reflected, in a written plan adopted by the governing body of the charter school.

(B) There is clear and convincing evidence showing either of the following:

(i) The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school.

(ii) Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.

(5) Verified data, as defined in subdivision (c), shall be considered by the chartering authority until June 30, ~~2025,~~ 2026, for a charter school pursuant to this subdivision, operating on or before June 30, 2020, only for the charter school’s next two subsequent renewals.

(6) For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years.

(b) (1) For all charter schools for which paragraph (2) of subdivision (c) of Section 47607 and subdivision (a) of this section do not apply, the chartering authority shall consider the schoolwide performance and performance of all subgroups of pupils served by the charter school on the state indicators included in the evaluation rubrics adopted pursuant to Section 52064.5 and the performance of the charter school on the local indicators included in the evaluation rubrics adopted pursuant to Section 52064.5.

(2) The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal.

(3) In addition to the state and local indicators, the chartering authority shall consider clear and convincing evidence showing either of the following:

(A) The school achieved measurable increases in academic achievement, as defined by at least one year’s progress for each year in school.

(B) Strong postsecondary outcomes, as defined by college enrollment, persistence, and completion rates equal to similar peers.

(4) Subparagraphs (A) and (B) of paragraph (3) shall be demonstrated by verified data, as defined in subdivision (c).

(5) Verified data, as defined in subdivision (c), shall be considered by the chartering authority for the next two subsequent renewals until January 1, ~~2026,~~ 2027, for a charter school pursuant to this paragraph.

(6) The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils and, if applicable pursuant to paragraphs (2) and (3), that its decision provided greater weight to performance on measurements of academic performance.

(7) For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years.

(c) (1) For purposes of this section, “verified data” means data derived from nationally recognized, valid, peer-reviewed, and reliable sources that are externally produced. Verified data shall include measures of postsecondary outcomes.

(2) By January 1, 2021, the state board shall establish criteria to define verified data and identify an approved list of valid and reliable assessments that shall be used for this purpose.

(3) No data sources other than those adopted by the state board pursuant to paragraph (2) shall be used as verified data.

(4) Notwithstanding paragraph (3), a charter school under consideration for renewal before the state board’s adoption pursuant to paragraph (2) may present data consistent with this subdivision.

(5) Adoption of the criteria pursuant to this subdivision shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

(6) The state board may adopt and make necessary revisions to the criteria in accordance with the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).

(7) Upon adoption of a pupil-level academic growth measure for English language arts and mathematics, the state board may reconsider criteria adopted pursuant to this subdivision.

(d) This section shall remain in effect only until January 1, ~~2026,~~ 2027, and as of that date is repealed.

SEC. 2.

Section 47607.2 of the Education Code, as added by Section 9 of Chapter 486 of the Statutes of 2019, is amended to read:

47607.2.

(a) (1) The chartering authority shall not renew a charter if either of the following apply for two consecutive years immediately preceding the renewal decision:

(2) A charter school that meets the criteria established by this subdivision and paragraph (2) of subdivision (c) of Section 47607 shall only qualify for treatment under this subdivision.

(3) The chartering authority shall consider the following factors, and may renew a charter that meets the criteria in paragraph (1) only upon making a written factual finding, specific to the particular petition, setting forth specific facts to support the finding that the charter school is taking meaningful steps to address the underlying cause or causes of low performance, and those steps are reflected, or will be reflected, in a written plan adopted by the governing body of the charter school.

(4) For a charter renewed pursuant to this subdivision, the chartering authority may grant a renewal for a period of two years.

(2) The chartering authority shall provide greater weight to performance on measurements of academic performance in determining whether to grant a charter renewal.

(3) The chartering authority may deny a charter renewal pursuant to this subdivision only upon making written findings, setting forth specific facts to support the findings, that the charter school has failed to meet or make sufficient progress toward meeting standards that provide a benefit to the pupils of the school, that closure of the charter school is in the best interest of pupils and, if applicable pursuant to paragraph (2), that its decision provided greater weight to performance on measurements of academic performance.

(4) For a charter renewed pursuant to this subdivision, the chartering authority shall grant a renewal for a period of five years.

SEC. 3.

Section 47612.7 of the Education Code is amended to read:

47612.7.

(a) Notwithstanding any other law and except as provided in subdivision (b), from January 1, 2020, to January 1, ~~2026,~~ 2027, inclusive, the approval of a petition for the establishment of a new charter school, as defined in paragraph (2) of subdivision (e) of Section 47612.5, is prohibited.

(b) Subdivision (a) shall not apply to a nonclassroom-based charter school that was granted approval of its petition and providing educational services to pupils before October 1, 2019, under either of the following circumstances:

(1) If Assembly Bill 1507 of the 2019–20 Regular Session amends Section 47605.1 and becomes operative on January 1, 2020, and the charter school is required to submit a petition to the governing board of a school district or county board of education in an adjacent county in which its existing resource center is located in order to comply with Section 47605.1, as amended by Assembly Bill 1507 of the 2019–20 Regular Session, or to retain current program offerings or enrollment.

(2) If a charter school is required to submit a petition to a school district or county board of education in which a resource center is located in order to comply with the court decision in Anderson Union High School District v. Shasta Secondary Home School (2016) 4 Cal.App.5th 262, or other relevant court ruling, and the petition is necessary to retain current program offerings or enrollment.

(3) A charter school authorized by a different chartering authority pursuant to paragraphs (1) and (2) shall be regarded by the department as a continuing charter school for all purposes to the extent it does not conflict with federal law. In order to prevent any potential conflict with federal law, this paragraph does not apply to covered programs as identified in Section 8101(11) of the federal Elementary and Secondary Education Act of 1965 (20 U.S.C. Sec. 7801) to the extent the affected charter school is the restructured portion of a divided charter school pursuant to Section 47654.

(c) Notwithstanding Section 33050 or any other law, the state board shall not waive the restrictions described in this section.

(d) (1) No later than October 1, 2023, the Legislative Analyst and the County Office Fiscal Crisis and Management Assistance Team shall study the processes used to determine funding for nonclassroom-based charter schools.

(2) The study shall identify and make recommendations on potential improvements to the processes, including recommendations for enhancing oversight and reducing fraud, waste, and abuse.

(3) No later than March 1, 2024, the Legislative Analyst and the County Office Fiscal Crisis and Management Assistance Team shall report to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the department, and the executive director of the state board on recommendations and observations as a result of the study. These recommendations or observations shall consider the fiscal impact on the state.

(e) This section shall remain in effect only until January 1, ~~2027,~~ 2028, and as of that date is repealed.

SEC. 4.
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.

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 board’s 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 employee’s 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 employee’s 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)(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 district’s policies or regulations.
~~(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.~~
(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, 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 school district until the expiration or renewal of that collective bargaining agreement.
(f)(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)If an appeal is requested by the employee pursuant to this subdivision, either of the following shall occur:~~
(A)The hearing 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.
(B)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 for the appeal 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, 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)(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 judge’s 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 be limited to, an exclusive labor representative.
~~(h)This section applies only to school districts not incorporating the merit system as outlined in Article 6 (commencing with Section 45240).~~
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 employee’s 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), either of the following shall occur:~~
(A)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. The hearing 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.
(B)If 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, the hearing and determination shall be conducted pursuant to the procedures agreed to, and any decision shall be judicially reviewable only under the standards of subdivision (a) of Section 1286.2 of the Code of Civil Procedure.
(2)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.
(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, 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.
~~(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” 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 district’s 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, 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 2021–22 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 2021–22 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.