AB 2028 (Teacher Discipline & Dismissal) On the Move


AB 2028 (Knight and Smyth), which amends the procedure for disciplining teachers for misconduct, has passed through the Assembly Education Committee.  Among other changes to current law, AB 2028 would allow districts to initiate dismissal process during the summer months; would eliminate the 45 or 90-notice for unprofessional conduct or unsatisfactory performance; changes the Commission on Professional Competence to include only the administrative law judge, whose decision would be advisory in nature only with final decision being made by the governing board; and eliminate the prohibition of evidence more than four years old.

At least three other bills related to teacher misconduct were also introduced this year: AB 1681 (stripping teachers who are convicted of misconduct of their pensions), SB 1059 and SB 1530 (which both modify the notice and hearing procedures required for teacher dismissals, in line with AB 2028).

These bills were introduced in response to recent allegations of teacher misconduct, including the allegations against a Miramonte Elementary School teacher who has been charged with 23 counts of lewd conduct and who was under investigation for two years.

We will continue to monitor and report on the progress of these bills.

Meghan Covert Russell

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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