AB 2234: School districts: employees: dismissal or suspension administrative proceedings: testimony of minor witnesses: pupil contact information.

(1)Existing law establishes a system of public elementary and secondary education in this state. Under this system, school districts throughout the state provide instruction in kindergarten and grades 1 to 12, inclusive, at schoolsites. Existing law establishes school districts throughout the state, and authorizes them to employ certificated personnel to provide instruction and classified personnel to provide other services. Existing law establishes procedures to be followed in the event that a school proposes to dismiss or suspend a certificated employee. Existing law also authorizes hearings and investigations of the conduct of classified personnel to be conducted by personnel commissions in school districts that have adopted a merit system.

This bill would enact a comprehensive set of requirements for the presentation of testimony by minor witnesses at certain dismissal or suspension administrative proceedings relating to certificated employees and in hearings relating to classified employees conducted by school district governing boards in school districts that have not adopted a merit system or by personnel commissions in school districts that have adopted a merit system.

To the extent that this bill would create new duties for school districts, it would constitute a state-mandated local program.

(2)Existing law requires that information concerning a pupil be furnished in compliance with a court order or lawfully issued subpoena, and further requires a school district to make a reasonable effort to notify the pupil and his or her parent or legal guardian in advance of compliance with a lawfully issued subpoena.

This bill would require that, once a court order or lawfully issued subpoena is issued to obtain a pupils contact information, a school district make every reasonable effort to enter into an agreement with the entity that obtained the court order or subpoena to keep the pupil contact information confidential. The bill would further require that, notwithstanding the content or existence of any agreement with a school district, a party that obtains pupil contact information pursuant to this provision would be prohibited from using or disseminating that information for any purpose except as authorized by the court order or subpoena.

(3)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.