(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) Existing law authorizes the governing board of a school district or community college district to enter into a collective bargaining agreement with an employee organization, as specified. Existing law authorizes the governing board of a school district or community college district to delegate its authority to determine whether sufficient cause exists for disciplinary action against a classified employee, excluding a peace officer, to an impartial third-party hearing officer, pursuant to the terms of the collective bargaining agreement, as provided.
This bill would delete that delegation authority only for the governing board of a community college district.
(3) 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. 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. The bill would make the contracted administrative law judge's decision subject to judicial review pursuant to specified standards of review of arbitration awards, as provided. The bill would require the court, for judicial review of an administrative law judge's decision for disciplinary action by a community college district, to also exercise independent judgment on the evidence and for the hearing to be set at the earliest possible date and take precedence over all other cases, except as specified.
(4) 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.
(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.

Statutes affected:
SB 494: 45113 EDC, 88013 EDC
02/19/25 - Introduced: 45113 EDC, 88013 EDC