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.