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.
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.