Assembly Bill 2413 – Prohibits Non-Merit Based School Districts And Community College Districts From Taking Certain Disciplinary Action Against A Classified Employee’s Pay Prior To The Hearing On The Charges Except In Limited Situations

On September 30, 2022, Governor Newsom signed Assembly Bill (AB) 2413. The bill impacts personnel management of the classified service employed by school districts and community college districts. The changes in the bill take effect on January 1, 2023, unless the provisions are in conflict with a collective bargaining agreement signed before January 1, 2023. AB 2413 amends Education Code section 45113 applicable to school districts and Education Code section 88013 applicable to community college districts.

This bill does not apply to districts with a merit system and only applies to districts that have not adopted the merit system.

The bill amends existing law to prohibit a district from taking the following disciplinary action against a permanent classified employee who has timely requested a hearing on charges against them, and a decision on the disciplinary appeal has not been rendered: suspension without pay, suspension with a reduction in pay, demotion with a reduction in pay or termination. There are two exceptions to this prohibition:

1. A district may take such disciplinary action before a decision in the hearing is rendered if the governing board or an impartial third-party hearing officer provided pursuant to a collective bargaining agreement finds that at the time discipline was imposed at the conclusion of a Skelly conference the employer demonstrated by a preponderance of the evidence that the employee engaged in criminal conduct, misconduct that presents a risk of harm to pupils, students, staff, or property or committed habitual violations of the district’s policies or regulations; or
2. A district may stop a permanent employee’s pay 30 days after the date the employee requested the hearing if a hearing on the charges will be conducted by an impartial third-party hearing officer or the governing board pursuant to the terms of a collective bargaining agreement.

Districts with collective bargaining agreements that are in conflict with AB 2413 and that were entered into before January 1, 2023, do not have to comply with AB 2413 until the expiration or renewal of the collective bargaining agreement.

Districts that have not adopted a merit system should review their collective bargaining agreements to ensure compliance with AB 2413, which takes effect on January 1, 2023.