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 the rule or regulation of the governing board of the school district or community college district.
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. 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 to an impartial third-party hearing officer, pursuant to the terms of the collective bargaining agreement.
AB 2413 amends existing law by prohibiting the suspension without pay, suspension or demotion with a reduction in pay, or dismissal of a permanent employee who timely requests a hearing on charges against the employee before a decision is rendered after the hearing. Except, discipline may be imposed before a decision is rendered if the governing board or impartial third-party hearing officer finds that at the time discipline was imposed after the conclusion of the Skelly process, 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 or students, staff, or property, or committed habitual violations of the district’s policies or regulations.
The bill 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 if a hearing on the charges will be conducted by an impartial third-party hearing officer pursuant to a collective bargaining agreement.
Lastly, if the bill conflicts with a collective bargaining agreement entered into before January 1, 2023, the terms of this bill do not apply to the school district or community college district until the expiration or renewal of the collective bargaining agreement.
(AB 2413 amends Sections 45113 and 88013 of the Education Code.)