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Resignations, Dismissals, and Leaves of Absence

EDUCATION CODE
SECTION 44930-44988

44930. (a) Governing boards of school districts shall accept the
resignation of any employee and shall fix the time when the
resignation takes effect, which, except as provided by subdivision
(b), shall not be later than the close of the school year during
which the resignation has been received by the board.

(b) Notwithstanding any other provision of law, an employee and
the governing board of a school district may agree that a resignation
will be accepted at a mutually agreed upon date not later than two
years beyond the close of the school year during which the
resignation is received by the board.

44931. Whenever any certificated employee of any school district
who, at the time of his or her resignation, was classified as
permanent, is reemployed within 39 months after his or her last day
of paid service, the governing board of the district shall,
disregarding the break in service, classify him or her as, and
restore to him or her all of the rights, benefits and burdens of, a
permanent employee, except as otherwise provided in this code.
However, time spent in active military service, as defined in Section
44800, subsequent to the last day of paid service shall not count as
part of the aforesaid 39-month period.

44932. (a) No permanent employee shall be dismissed except for one
or more of the following causes:
(1) Immoral or unprofessional conduct.
(2) Commission, aiding, or advocating the commission of acts of
criminal syndicalism, as prohibited by Chapter 188 of the Statutes of
1919, or in any amendment thereof.
(3) Dishonesty.
(4) Unsatisfactory performance.
(5) Evident unfitness for service.
(6) Physical or mental condition unfitting him or her to instruct
or associate with children.
(7) Persistent violation of or refusal to obey the school laws of
the state or reasonable regulations prescribed for the government of
the public schools by the State Board of Education or by the
governing board of the school district employing him or her.
(8) Conviction of a felony or of any crime involving moral
turpitude.
(9) Violation of Section 51530 or conduct specified in Section
1028 of the Government Code, added by Chapter 1418 of the Statutes of
1947.
(10) Knowing membership by the employee in the Communist Party.
(11) Alcoholism or other drug abuse which makes the employee unfit
to instruct or associate with children.

(b) The governing board of a school district may suspend without
pay for a specific period of time on grounds of unprofessional
conduct a permanent certificated employee or, in a school district
with an average daily attendance of less than 250 pupils, a
probationary employee, pursuant to the procedures specified in
Sections 44933, 44934, 44935, 44936, 44937, 44943, and 44944. This
authorization shall not apply to any school district which has
adopted a collective bargaining agreement pursuant to subdivision (b)
of Section 3543.2 of the Government Code.

44933. A permanent employee may be dismissed or suspended on
grounds of unprofessional conduct consisting of acts or omissions
other than those specified in Section 44932, but any such charge
shall specify instances of behavior deemed to constitute
unprofessional conduct. This section shall also apply to the
suspension of probationary employees in a school district with an
average daily attendance of less than 250 pupils.

44934. Upon the filing of written charges, duly signed and verified
by the person filing them, with the governing board of the school
district, or upon a written statement of charges formulated by the
governing board, charging that there exists cause, as specified in
Section 44932 or 44933, for the dismissal or suspension of a
permanent employee of the district, the governing board may, upon
majority vote, except as provided in this article if it deems the
action necessary, give notice to the permanent employee of its
intention to dismiss or suspend him or her at the expiration of 30
days from the date of service of the notice, unless the employee
demands a hearing as provided in this article. Suspension proceedings
may be initiated pursuant to this section only if the governing
board has not adopted a collective bargaining agreement pursuant to
subdivision (b) of Section 3543.2 of the Government Code.

Any written statement of charges of unprofessional conduct or
unsatisfactory performance shall specify instances of behavior and
the acts or omissions constituting the charge so that the teacher
will be able to prepare his or her defense. It shall, where
applicable, state the statutes and rules which the teacher is alleged
to have violated, but it shall also set forth the facts relevant to
each occasion of alleged unprofessional conduct or unsatisfactory
performance.

This section shall also apply to the suspension of probationary
employees in a school district with an average daily attendance of
less than 250 pupils which has not adopted a collective bargaining
agreement pursuant to subdivision (b) of Section 3542.2 of the
Government Code.

44935. No report on the fitness of a teacher in a dismissal or
suspension proceeding initiated pursuant to Section 44934 shall be
received from a statewide professional organization by a governing
board unless the teacher shall have been given, prior to the
preparation of the report in its final form, the opportunity to
submit in writing his or her comments on the report and unless a copy
of the report in final form is given to the teacher investigated at
least 10 days prior to its submission to the board.

Such a report shall not be distributed other than to the governing
board and those persons participating in its preparation, unless the
teacher does not demand a hearing as provided by Section 44937.

44936. The notice of dismissal or suspension in a proceeding
initiated pursuant to Section 44934 shall not be given between May
15th and September 15th in any year. It shall be in writing and be
served upon the employee personally or by United States registered
mail addressed to him at his last known address. A copy of the
charges filed, containing the information required by Section 11503
of the Government Code, together with a copy of the provisions of
this article, shall be attached to the notice.

44937. In a dismissal or suspension proceeding initiated pursuant
to Section 44934, if the employee does not demand a hearing by filing
a written request for hearing with the governing board, he or she
may be dismissed or suspended without pay for a specific period of
time at the expiration of the 30-day period.

44938. (a) The governing board of any school district shall not act
upon any charges of unprofessional conduct unless at least 45
calendar days prior to the date of the filing, the board or its
authorized representative has given the employee against whom the
charge is filed, written notice of the unprofessional conduct,
specifying the nature thereof with such specific instances of
behavior and with such particularity as to furnish the employee an
opportunity to correct his or her faults and overcome the grounds for
the charge. The written notice shall include the evaluation made
pursuant to Article 11 (commencing with Section 44660) of Chapter 3,
if applicable to the employee.

(b) The governing board of any school district shall not act upon
any charges of unsatisfactory performance unless it acts in
accordance with the provisions of paragraph (1) or (2):

(1) At least 90 calendar days prior to the date of the filing, the
board or its authorized representative has given the employee
against whom the charge is filed, written notice of the
unsatisfactory performance, specifying the nature thereof with such
specific instances of behavior and with such particularity as to
furnish the employee an opportunity to correct his or her faults and
overcome the grounds for the charge. The written notice shall include
the evaluation made pursuant to Article 11 (commencing with Section
44660) of Chapter 3, if applicable to the employee.

(2) The governing board may act during the time period composed of
the last one-fourth of the schooldays it has scheduled for purposes
of computing apportionments in any fiscal year if, prior to the
beginning of that time period, the board or its authorized
representative has given the employee against whom the charge is
filed, written notice of the unsatisfactory performance, specifying
the nature thereof with such specific instances of behavior and with
such particularity as to furnish the employee an opportunity to
correct his or her faults and overcome the grounds for the charge.
The written notice shall include the evaluation made pursuant to
Article 11 (commencing with Section 44660) of Chapter 3, if
applicable to the employee.

(c) "Unsatisfactory performance" as used in this section means,
and refers only to, the unsatisfactory performance particularly
specified as a cause for dismissal in Section 44932 and does not
include any other cause for dismissal specified in Section 44932.
"Unprofessional conduct" as used in this section means, and refers
to, the unprofessional conduct particularly specified as a cause for
dismissal or suspension in Sections 44932 and 44933 and does not
include any other cause for dismissal specified in Section 44932.

44939. Upon the filing of written charges, duly signed and verified
by the person filing them with the governing board of a school
district, or upon a written statement of charges formulated by the
governing board, charging a permanent employee of the district with
immoral conduct, conviction of a felony or of any crime involving
moral turpitude, with incompetency due to mental disability, with
willful refusal to perform regular assignments without reasonable
cause, as prescribed by reasonable rules and regulations of the
employing school district, with violation of Section 51530, with
knowing membership by the employee in the Communist Party or with
violation of any provision in Sections 7001 to 7007, inclusive, the
governing board may, if it deems such action necessary, immediately
suspend the employee from his duties and give notice to him of his
suspension, and that 30 days after service of the notice, he will be
dismissed, unless he demands a hearing.

If the permanent employee is suspended upon charges of knowing
membership by the employee in the Communist Party or for any
violation of Section 7001, 7002, 7003, 7006, 7007, or 51530, he may
within 10 days after service upon him of notice of such suspension
file with the governing board a verified denial, in writing, of the
charges. In such event the permanent employee who demands a hearing
within the 30-day period shall continue to be paid his regular salary
during the period of suspension and until the entry of the decision
of the Commission on Professional Competence, if and during such time
as he furnishes to the school district a suitable bond, or other
security acceptable to the governing board, as a guarantee that the
employee will repay to the school district the amount of salary so
paid to him during the period of suspension in case the decision of
the Commission on Professional Competence is that he shall be
dismissed. If it is determined that the employee may not be
dismissed, the school board shall reimburse the employee for the cost
of the bond.

44940. (a) For purposes of this section, "charged with a mandatory
leave of absence offense" is defined to mean charged by complaint,
information, or indictment filed in a court of competent jurisdiction
with the commission of any sex offense as defined in Section 44010,
or with the commission of any offense involving aiding or abetting
the unlawful sale, use, or exchange to minors of controlled
substances listed in Schedule I, II, or III, as contained in Section
11054, 11055, and 11056 of the Health and Safety Code, with the
exception of marijuana, mescaline, peyote, or tetrahydrocannabinols.

(b) For purposes of this section, "charged with an optional leave
of absence offense" is defined to mean a charge by complaint,
information, or indictment filed in a court of competent jurisdiction
with the commission of any controlled substance offense as defined
in Section 44011 or 87011, or a violation or attempted violation of
Section 187 of the Penal Code, or Sections 11357 to 11361, inclusive,
Section 11363, 11364, or 11370.1 of the Health and Safety Code,
insofar as these sections relate to any controlled substances except
marijuana, mescaline, peyote, or tetrahydrocannabinols.

(c) For purposes of this section and Section 44940.5, the term
"school district" includes county offices of education.

(d) (1) Whenever any certificated employee of a school district is
charged with a mandatory leave of absence offense, as defined in
subdivision (a), upon being informed that a charge has been filed,
the governing board of the school district shall immediately place
the employee on compulsory leave of absence. The duration of the
leave of absence shall be until a time not more than 10 days after
the date of entry of the judgment in the proceedings. No later than
10 days after receipt of the complaint, information, or indictment
described by subdivision (a), the school district shall forward a
copy to the Commission on Teacher Credentialing.
(2) Upon receiving a copy of a complaint, information, or
indictment described in subdivision (a) and forwarded by a school
district, the Commission on Teacher Credentialing shall automatically
suspend the employee's teaching or service credential. The duration
of the suspension shall be until a time not more than 10 days after
the date of entry of the judgment in the proceedings.

(e) (1) Whenever any certificated employee of a school district is
charged with an optional leave of absence offense as defined in
subdivision (b), the governing board of the school district may
immediately place the employee upon compulsory leave in accordance
with the procedure in this section and Section 44940.5. If any
certificated employee is charged with an offense deemed to fall into
both the mandatory and the optional leave of absence categories, as
defined in subdivisions (a) and (b), that offense shall be treated as
a mandatory leave of absence offense for purposes of this section.
No later than 10 days after receipt of the complaint, information, or
indictment described by subdivision (a), the school district shall
forward a copy to the Commission on Teacher Credentialing.
(2) Upon receiving a copy of a complaint, information, or
indictment described in subdivision (a) and forwarded by a school
district, the Commission on Teacher Credentialing shall automatically
suspend the employee's teaching or service credential. The duration
of the suspension shall be until a time not more than 10 days after
the date of entry of the judgment in the proceedings.

44940.5. A certificated employee placed on compulsory leave of
absence pursuant to Section 44940, and a classified employee placed
on compulsory leave of absence pursuant to Section 45304 shall be
subject to the following procedures:

(a) The governing board of the school district may extend the
compulsory leave of absence of the employee beyond the initial period
specified in Section 44940 or 45304, whichever is applicable, by
giving notice to the employee within 10 days after the entry of
judgment in the proceedings that the employee will be dismissed at
the expiration of 30 days from the date of service of the notice,
unless the employee demands a hearing as provided in this article.

(b) An employee placed upon compulsory leave of absence pursuant
to this section shall continue to be paid his or her regular salary
during the period of his or her compulsory leave of absence if and
during that time he or she furnishes to the school district a
suitable bond, or other security acceptable to the governing board,
as a guarantee that the employee will repay to the school district
the amount of salary so paid to him or her during the period of the
compulsory leave of absence in case the employee is convicted of the
charges, or fails or refuses to return to service following an
acquittal of the offense or dismissal of the charges. If the employee
is acquitted of the offense, or the charges against the employee are
dismissed, the school district shall reimburse the employee for the
cost of the bond upon his or her return to service in the school
district.

(c) If the employee does not elect to furnish bond, or other
security acceptable to the governing board of the district, and if
the employee is acquitted of the offense, or the charges against him
or her are dismissed without his or her guilt being established, the
school district shall pay to the employee his or her full
compensation for the period of the compulsory leave of absence upon
his or her return to service in the school district. If the charges
against the employee are dismissed as a result of the employee's
successful completion of a drug diversion program, upon the employee'
s return to service in the school district, the school district, at
the employee's election, shall pay to the employee any accrued leave,
and differential pay pursuant to Sections 44977, 45195, and 45196,
for up to the length of the employee's compulsory leave of absence.

(d) An action taken pursuant to this section by a governing board
shall be reported immediately to the Commission on Teacher
Credentialing. The commission shall give priority to the
investigation and resolution of these cases.

44941. The notice of suspension and intention to dismiss, shall be
in writing and be served upon the employee personally or by United
States registered mail addressed to the employee at his last known
address. A copy of the charges filed, containing the information
required by Section 11503 of the Government Code, together with a
copy of the provisions of this article, shall be attached to the
notice. If the employee does not demand a hearing within the 30-day
period, he may be dismissed upon the expiration of 30 days after
service of the notice.

44942. (a) Any certificated employee may be suspended or
transferred to other duties by the governing board if the board has
reasonable cause to believe that the employee is suffering from
mental illness of such a degree as to render him or her incompetent
to perform his or her duties.

(b) The governing board shall immediately, upon any suspension or
transfer under this section, give to the employee a written statement
of the facts giving rise to the board's belief, and an opportunity
to appear before the board within 10 days to explain or refute the
charges.

(c) If, after the employee's appearance before the board, the
board decides to continue the suspension or transfer, or if the
employee chooses not to appear before the board, the employee shall
then be offered, in writing, the opportunity of being examined by a
panel consisting of three persons who are either psychiatrists or
psychologists, at least one of whom shall be a psychiatrist, selected
by him or her from a list of psychiatrists and psychologists to be
provided by the board. To assist the panel in making its
determination, the governing board shall supply to the panel, prior
to the date scheduled for the examination, a list of the duties of
the position from which the employee was suspended or transferred.
The employee shall continue to receive his or her regular salary and
all other benefits of employment during the period dating from his or
her suspension to the filing of the report of the panel with the
governing board.

(d) The examination shall be conducted at school district expense
within 15 days of any suspension or transfer ordered under this
section. The employee shall submit to the examination, but shall be
entitled to be represented by a psychiatrist, psychologist licensed
under Chapter 6.6 (commencing with Section 2900) of Division 2 of the
Business and Professions Code, or physician of his or her own
choice, and any report of the psychiatrist, psychologist, or
physician selected by him or her shall be filed with the panel at the
request of the employee.

A written report of the panel on the examination of the suspended
or transferred employee shall be submitted to the governing board no
later than 10 days after completion of the examination. A copy shall
be supplied to the employee upon request. The report shall contain a
finding on whether the employee is suffering from mental illness of
such a degree as to render him or her incompetent to perform his or
her duties.

(e) If a majority of the panel conclude that the employee should
be permitted to return to his or her duties, no written record of the
suspension or of the determination of the panel shall be retained,
and in all respects any written record concerning the employee shall
appear as it did before the suspension was made.

(f) If a majority of the panel find in the panel's report that the
employee is suffering from mental illness of such a degree as to
render him or her incompetent to perform his or her duties, the
governing board may, upon receipt of the report, place the employee
on mandatory sick leave of absence. Any mandatory sick leave of
absence imposed under this section shall not exceed two years, during
which period the employee shall be entitled to sick leave and
hospital and medical benefits that he or she accrued during his or
her employment by the governing board but only to the extent of that
accrual.

(g) Any employee placed on mandatory sick leave of absence
pursuant to this section may, in writing, immediately demand a
hearing. Upon receipt of that written demand, the governing board
shall file a complaint in the superior court of the county in which
the school district, or the major part thereof, is located, setting
forth the charges against the employee and asking that the court
inquire into the charges and determine whether or not the charges are
true, and, if true, whether they constitute sufficient grounds for
placing the employee on mandatory sick leave of absence, and for a
judgment pursuant to its findings.

(h) If the court finds that the employee was not, at the time of
the suspension, incompetent to perform his or her assigned duties and
should not have been placed on mandatory sick leave of absence, the
employee shall be immediately reinstated to the same or a
substantially similar position with full back salary, and any written
record of the suspension or transfer or any report of the panel
shall be destroyed.

(i) If the court confirms the placing of the employee on mandatory
sick leave, or if the employee does not seek a hearing, then, upon
written request of the employee made not earlier than six months nor
later than two years after the date he or she was placed on mandatory
sick leave of absence, a new panel consisting of three persons who
are either psychiatrists or psychologists, at least one of whom shall
be a psychiatrist, shall be convened by, and at the expense of, the
governing board to review its original conclusion. If the original
conclusion is not changed by the new panel as a result of that
review, the employee shall be continued on the mandatory sick leave
of absence, except that when the employee's total period of absence
exceeds two years, the governing board shall either rescind its
action and reinstate the employee to the same or a substantially
similar position, or shall serve the employee with a notice of
intention to dismiss him or her, and proceed according to Section
44943.

(j) If a majority of the new panel concludes in its report, or any
subsequent review thereof, that the suspended employee or employee
on mandatory sick leave of absence should be permitted to return to
his or her duties, or if the court so concludes, the governing board
shall take immediate action to restore the employee to the position
from which he or she was suspended or transferred or to a
substantially similar position.

(k) Every hearing and action by or before the governing board
pursuant to this section shall be in executive session, and no
decision, action, or occurrence therein shall be made public, unless
the employee so requests in writing.

(l) Nothing in this section shall be construed to supersede
Section 44949.

44943. When any employee who has been served with notice pursuant
to Section 44934 of the governing board's intention to dismiss or
suspend him or her demands a hearing, the governing board shall have
the option either (a) to rescind its action, or (b) schedule a
hearing on the matter.

44944. (a) (1) In a dismissal or suspension proceeding initiated
pursuant to Section 44934, if a hearing is requested by the employee,
the hearing shall be commenced within 60 days from the date of the
employee's demand for a hearing. The hearing shall be initiated,
conducted, and a decision made in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code. However, the hearing date shall be established
after consultation with the employee and the governing board, or
their representatives, and the Commission on Professional Competence
shall have all of the power granted to an agency in that chapter,
except that the right of discovery of the parties shall not be
limited to those matters set forth in Section 11507.6 of the
Government Code but shall include the rights and duties of any party
in a civil action brought in a superior court under Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure. Notwithstanding any provision to the contrary, and except
for the taking of oral depositions, no discovery shall occur later
than 30 calendar days after the employee is served with a copy of the
accusation pursuant to Section 11505 of the Government Code. In all
cases, discovery shall be completed prior to seven calendar days
before the date upon which the hearing commences. If any continuance
is granted pursuant to Section 11524 of the Government Code, the time
limitation for commencement of the hearing as provided in this
subdivision shall be extended for a period of time equal to the
continuance. However, the extension shall not include that period of
time attributable to an unlawful refusal by either party to allow the
discovery provided for in this section.

(2) If the right of discovery granted under paragraph (1) is
denied by either the employee or the governing board, all of the
remedies in Chapter 7 (commencing with Section 2023.010) of Title 4
of Part 4 of the Code of Civil Procedure shall be available to the
party seeking discovery and the court of proper jurisdiction, to
entertain his or her motion, shall be the superior court of the
county in which the hearing will be held.

(3) The time periods in this section and of Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code and of Title 4 (commencing with Section 2016.010) of
Part 4 of the Code of Civil Procedure shall not be applied so as to
deny discovery in a hearing conducted pursuant to this section.

(4) The superior court of the county in which the hearing will be
held may, upon motion of the party seeking discovery, suspend the
hearing so as to comply with the requirement of the preceding
paragraph.

(5) No witness shall be permitted to testify at the hearing except
upon oath or affirmation. No testimony shall be given or evidence
introduced relating to matters that occurred more than four years
prior to the date of the filing of the notice. Evidence of records
regularly kept by the governing board concerning the employee may be
introduced, but no decision relating to the dismissal or suspension
of any employee shall be made based on charges or evidence of any
nature relating to matters occurring more than four years prior to
the filing of the notice.

(b) (1) The hearing provided for in this section shall be
conducted by a Commission on Professional Competence. One member of
the commission shall be selected by the employee, one member shall be
selected by the governing board, and one member shall be an
administrative law judge of the Office of Administrative Hearings who
shall be chairperson and a voting member of the commission and shall
be responsible for assuring that the legal rights of the parties are
protected at the hearing. If either the governing board or the
employee for any reason fails to select a commission member at least
seven calendar days prior to the date of the hearing, the failure
shall constitute a waiver of the right to selection, and the county
board of education or its specific designee shall immediately make
the selection. If the county board of education is also the governing
board of the school district or has by statute been granted the
powers of a governing board, the selection shall be made by the
Superintendent, who shall be reimbursed by the school district for
all costs incident to the selection.
(2) The member selected by the governing board and the member
selected by the employee shall not be related to the employee and
shall not be employees of the district initiating the dismissal or
suspension and shall hold a currently valid credential and have at
least five years' experience within the past 10 years in the
discipline of the employee.

(c) (1) The decision of the Commission on Professional Competence
shall be made by a majority vote, and the commission shall prepare a
written decision containing findings of fact, determinations of
issues, and a disposition that shall be, solely, one of the
following:
(A) That the employee should be dismissed.
(B) That the employee should be suspended for a specific period of
time without pay.
(C) That the employee should not be dismissed or suspended.
(2) The decision of the Commission on Professional Competence that
the employee should not be dismissed or suspended shall not be based
on nonsubstantive procedural errors committed by the school district
or governing board unless the errors are prejudicial errors.
(3) The commission shall not have the power to dispose of the
charge of dismissal by imposing probation or other alternative
sanctions. The imposition of suspension pursuant to subparagraph (B)
of paragraph (1) shall be available only in a suspension proceeding
authorized pursuant to subdivision (b) of Section 44932 or Section
44933.
(4) The decision of the Commission on Professional Competence
shall be deemed to be the final decision of the governing board.
(5) The board may adopt from time to time rules and procedures not
inconsistent with this section as may be necessary to effectuate
this section.
(6) The governing board and the employee shall have the right to
be represented by counsel.

(d) (1) If the member selected by the governing board or the
member selected by the employee is employed by any school district in
this state, the member shall, during any service on a Commission on
Professional Competence, continue to receive salary, fringe benefits,
accumulated sick leave, and other leaves and benefits from the
district in which the member is employed, but shall receive no
additional compensation or honorariums for service on the commission.
(2) If service on a Commission on Professional Competence occurs
during summer recess or vacation periods, the member shall receive
compensation proportionate to that received during the current or
immediately preceding contract period from the member's employing
district, whichever amount is greater.

(e) (1) If the Commission on Professional Competence determines
that the employee should be dismissed or suspended, the governing
board and the employee shall share equally the expenses of the
hearing, including the cost of the administrative law judge. The
state shall pay any costs incurred under paragraph (2) of subdivision
(d), the reasonable expenses, as determined by the administrative
law judge, of the member selected by the governing board and the
member selected by the employee, including, but not limited to,
payments or obligations incurred for travel, meals, and lodging, and
the cost of the substitute or substitutes, if any, for the member
selected by the governing board and the member selected by the
employee. The Controller shall pay all claims submitted pursuant to
this paragraph from the General Fund, and may prescribe reasonable
rules, regulations, and forms for the submission of the claims. The
employee and the governing board shall pay their own attorney's fees.
(2) If the Commission on Professional Competence determines that
the employee should not be dismissed or suspended, the governing
board shall pay the expenses of the hearing, including the cost of
the administrative law judge, any costs incurred under paragraph (2)
of subdivision (d), the reasonable expenses, as determined by the
administrative law judge, of the member selected by the governing
board and the member selected by the employee, including, but not
limited to, payments or obligations incurred for travel, meals, and
lodging, the cost of the substitute or substitutes, if any, for the
member selected by the governing board and the member selected by the
employee, and reasonable attorney's fees incurred by the employee.
(3) As used in this section, "reasonable expenses" shall not be
deemed "compensation" within the meaning of subdivision (d).
(4) If either the governing board or the employee petitions a
court of competent jurisdiction for review of the decision of the
commission, the payment of expenses to members of the commission
required by this subdivision shall not be stayed.
(5) (A) If the decision of the commission is finally reversed or
vacated by a court of competent jurisdiction, either the state,
having paid the commission members' expenses, shall be entitled to
reimbursement from the governing board for those expenses, or the
governing board, having paid the expenses, shall be entitled to
reimbursement from the state.
(B) Additionally, either the employee, having paid a portion of
the expenses of the hearing, including the cost of the administrative
law judge, shall be entitled to reimbursement from the governing
board for the expenses, or the governing board, having paid its
portion and the employee's portion of the expenses of the hearing,
including the cost of the administrative law judge, shall be entitled
to reimbursement from the employee for that portion of the expenses.

(f) The hearing provided for in this section shall be conducted in
a place selected by agreement among the members of the commission.
In the absence of agreement, the place shall be selected by the
administrative law judge.

44944.1. At a hearing conducted pursuant to Section 44944, the
administrative law judge, before admitting any testimony or evidence
concerning an individual pupil, shall determine whether the
introduction of the testimony or evidence at an open hearing would
violate any provision of Article 5 (commencing with Section 49073) of
Chapter 6.5 of Part 27 of Division 4, relating to privacy of pupil
records. If the administrative law judge, in his or her discretion,
determines that any of such provisions would be violated, he or she
shall order that the hearing, or any portion thereof at which the
testimony or evidence would be produced, be conducted in executive
session.

44945. The decision of the Commission on Professional Competence
may, on petition of either the governing board or the employee, be
reviewed by a court of competent jurisdiction in the same manner as a
decision made by a hearing officer under Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code. The court, on review, shall exercise its independent judgment
on the evidence. The proceeding shall be set for hearing at the
earliest possible date and shall take precedence over all other
cases, except older matters of the same character and matters to
which special precedence is given by law.

44946. If the employee has been suspended pending the hearing, he
shall be reinstated within five days after the governing board's
decision in his favor, and shall be paid full salary by the governing
board for the period of his suspension.

44947. If an employee is dismissed for immoral conduct or
conviction of a felony or crime involving moral turpitude, the
governing board shall transmit to the Commission on Teacher
Credentialing and to the county board of education which issued the
certificate under which the employee was serving at the time of his
dismissal, a copy of the reporter's transcript of the hearing
accompanied by a request that any certificate issued by the county
board of education to the employee be revoked if the employee is not
reinstated upon appeal.

44948. (a) Governing boards of school districts shall dismiss
probationary employees during the school year for cause only, as in
the case of permanent employees.

This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year or who
are employed in a school district having an average daily attendance
of less than 250 pupils.

(b) The governing board may suspend a probationary employee for a
specified period of time without pay as an alternative to dismissal
pursuant to this section. This subdivision shall apply only to
probationary employees whose probationary period commenced prior to
the 1983-84 fiscal year.

44948.2. Notwithstanding subdivision (a) of Section 44948 and
subdivision (c) of Section 44948.3, the governing board of any school
district having an average daily attendance of less than 250 may
elect to dismiss probationary employees during the school year
pursuant to the provisions of Section 44948.3. Once a district has
made an election pursuant to this section, it shall only dismiss
probationary certificated employees during the school year pursuant
to this section.

44948.3. (a) First and second year probationary employees may be
dismissed during the school year for unsatisfactory performance
determined pursuant to Article 11 (commencing with Section 44660) of
Chapter 3, or for cause pursuant to Section 44932. Any dismissal
pursuant to this section shall be in accordance with all of the
following procedures:

(1) The superintendent of the school district or the
superintendent's designee shall give 30 days' prior written notice of
dismissal, not later than March 15 in the case of second year
probationary employees. The notice shall include a statement of the
reasons for the dismissal and notice of the opportunity to appeal. In
the event of a dismissal for unsatisfactory performance, a copy of
the evaluation conducted pursuant to Section 44664 shall accompany
the written notice.

(2) The employee shall have 15 days from receipt of the notice of
dismissal to submit to the governing board a written request for a
hearing. The governing board may establish procedures for the
appointment of an administrative law judge to conduct the hearing and
submit a recommended decision to the board. The failure of an
employee to request a hearing within 15 days from receipt of a
dismissal notice shall constitute a waiver of the right to a hearing.

(b) The governing board, pursuant to this section, may suspend a
probationary employee for a specified period of time without pay as
an alternative to dismissal.

(c) This section applies only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter, and does not apply to probationary employees
in a school district having an average daily attendance of less than
250 pupils.

44948.5. (a) This section applies only to (1) probationary
employees of a school district with an average daily attendance of
less than 250 pupils, or (2) those persons currently employed as
probationary employees whose probationary period commenced prior to
the 1983-84 fiscal year.

(b) No later than March 15 and before a probationary employee is
given notice by the governing board that his or her services will not
be required for the ensuing year for reasons other than those
specified in Section 44955, the governing board and the employee
shall be given written notice by the superintendent of the district
or his or her designee, or, in the case of a district which has no
superintendent, by the clerk or secretary of the governing board,
that it has been recommended that the notice be given to the
employee, and stating the reasons therefor.

If the probationary employee has been in the employ of the
district for less than 45 days on March 15, the giving of the notice
may be deferred until the 45th day of employment and all time period
and deadline dates prescribed by this subdivision shall be
coextensively extended.

Until the employee has requested a hearing as provided in
subdivision (c) or has waived his or her right to a hearing, the
notice and the reasons therefor shall be confidential and shall not
be divulged by any person, except as may be necessary in the
performance of duties. However, the violation of this requirement of
confidentiality, in and of itself, shall not in any manner be
construed as affecting the validity of any hearing conducted pursuant
to this section.

(c) The employee may request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year. A request
for a hearing shall be in writing and shall be delivered to the
person who sent the notice pursuant to subdivision (b), on or before
a date specified in that subdivision, which shall not be less than
seven days after the date on which the notice is served upon the
employee. If an employee fails to request a hearing on or before the
date specified, his or her failure to do so shall constitute a waiver
of his or her right to a hearing. The notice provided for in
subdivision (b) shall advise the employee of the provisions of this
subdivision.

(d) In the event a hearing is requested by the employee, the
proceeding shall be conducted and a decision made in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code and the governing board shall have all
the power granted to an agency therein, except that all of the
following shall apply:

(1) The respondent shall file his or her notice of defense, if
any, within five days after service upon him or her of the accusation
and he or she shall be notified of this five-day period for filing
in the accusation.
(2) The discovery authorized by Section 11507.6 of the Government
Code shall be available only if request is made therefor within 15
days after service of the accusation, and the notice required by
Section 11505 of the Government Code shall so indicate.
(3) The hearing shall be conducted by an administrative law judge
who shall prepare a proposed decision, containing findings of fact
and a determination as to whether the charges sustained by the
evidence are related to the welfare of the schools and the pupils
thereof. The proposed decision shall be prepared for the governing
board and shall contain a determination as to the sufficiency of the
cause and a recommendation as to disposition. However, the governing
board shall make the final determination as to the sufficiency of the
cause and disposition. None of the findings, recommendations, or
determinations contained in the proposed decision prepared by the
administrative law judge shall be binding on the governing board.
Nonsubstantive procedural errors committed by the school district or
governing board of the school district shall not constitute cause for
dismissing the charges unless the errors are prejudicial errors.
Copies of the proposed decision shall be submitted to the governing
board and to the employee on or before May 7 of the year in which the
proceeding is commenced. All expenses of the hearing, including the
cost of the administrative law judge, shall be paid by the governing
board from the district funds.

The board may adopt from time to time such rules and procedures
not inconsistent with provisions of this section as may be necessary
to effectuate this section.

(e) The governing board's determination not to reemploy a
probationary employee for the ensuing school year shall be for cause
only. The determination of the governing board as to the sufficiency
of the cause pursuant to this section shall be conclusive, but the
cause shall relate solely to the welfare of the schools and the
pupils thereof. The decision made after the hearing shall be
effective on May 15 of the year the proceeding is commenced.

(f) Notice to the probationary employee by the governing board
that his or her service will not be required for the ensuing year,
shall be given no later than May 15.

(g) If a governing board notifies a probationary employee that his
or her services will not be required for the ensuing year, the board
shall, within 10 days after delivery to it of the employee's written
request, provide the employee with a statement of its reasons for
not reemploying him or her for the ensuing school year.

(h) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.

(i) In the event that the governing board does not give notice
provided for in subdivision (e) on or before May 15, the employee
shall be deemed reemployed for the ensuing school year.

(j) If after request for hearing pursuant to subdivision (c) any
continuance is granted pursuant to Section 11524 of the Government
Code, the dates prescribed in subdivisions (d), (e), (f), and (i)
which occur on or after the date of granting the continuance shall be
extended for a period of time equal to the continuance.

44949. (a) No later than March 15 and before an employee is given
notice by the governing board that his or her services will not be
required for the ensuing year for the reasons specified in Section
44955, the governing board and the employee shall be given written
notice by the superintendent of the district or his or her designee,
or in the case of a district which has no superintendent by the clerk
or secretary of the governing board, that it has been recommended
that the notice be given to the employee, and stating the reasons

therefor.
Until the employee has requested a hearing as provided in
subdivision (b) or has waived his or her right to a hearing, the
notice and the reasons therefor shall be confidential and shall not
be divulged by any person, except as may be necessary in the
performance of duties. However, the violation of this requirement of
confidentiality, in and of itself, shall not in any manner be
construed as affecting the validity of any hearing conducted pursuant
to this section.

(b) The employee may request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year. A request
for a hearing shall be in writing and shall be delivered to the
person who sent the notice pursuant to subdivision (a), on or before
a date specified in that subdivision, which shall not be less than
seven days after the date on which the notice is served upon the
employee. If an employee fails to request a hearing on or before the
date specified, his or her failure to do so shall constitute his or
her waiver of his or her right to a hearing. The notice provided for
in subdivision (a) shall advise the employee of the provisions of
this subdivision.

(c) In the event a hearing is requested by the employee, the
proceeding shall be conducted and a decision made in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code and the governing board shall have all
the power granted to an agency therein, except that all of the
following shall apply:
(1) The respondent shall file his or her notice of defense, if
any, within five days after service upon him or her of the accusation
and he or she shall be notified of this five-day period for filing
in the accusation.
(2) The discovery authorized by Section 11507.6 of the Government
Code shall be available only if request is made therefor within 15
days after service of the accusation, and the notice required by
Section 11505 of the Government Code shall so indicate.
(3) The hearing shall be conducted by an administrative law judge
who shall prepare a proposed decision, containing findings of fact
and a determination as to whether the charges sustained by the
evidence are related to the welfare of the schools and the pupils
thereof. The proposed decision shall be prepared for the governing
board and shall contain a determination as to the sufficiency of the
cause and a recommendation as to disposition. However, the governing
board shall make the final determination as to the sufficiency of the
cause and disposition. None of the findings, recommendations, or
determinations contained in the proposed decision prepared by the
administrative law judge shall be binding on the governing board.
Nonsubstantive procedural errors committed by the school district or
governing board of the school district shall not constitute cause for
dismissing the charges unless the errors are prejudicial errors.
Copies of the proposed decision shall be submitted to the governing
board and to the employee on or before May 7 of the year in which the
proceeding is commenced. All expenses of the hearing, including the
cost of the administrative law judge, shall be paid by the governing
board from the district funds.

The board may adopt from time to time such rules and procedures
not inconsistent with provisions of this section as may be necessary
to effectuate this section.

(d) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.

(e) If after request for hearing pursuant to subdivision (b) any
continuance is granted pursuant to Section 11524 of the Government
Code, the dates prescribed in subdivision (c) which occur on or after
the date of granting the continuance and the date prescribed in
subdivision (c) of Section 44955 which occurs after the date of
granting the continuance shall be extended for a period of time equal
to the continuance.

44951. Unless a certificated employee holding a position requiring
an administrative or supervisory credential is sent written notice
deposited in the United States registered mail with postage prepaid
and addressed to his or her last known address by March 15 that he or
she may be released from his or her position for the following
school year, or unless the signature of the employee is obtained by
March 15 on the written notice that he or she may be released from
his or her position for the following year, he or she shall be
continued in the position. The provisions of this section do not
apply to a certificated employee who holds a written contract with an
expiration date beyond the current school year, or to a certificated
employee holding a position that is funded for less than a school
year, or to a certificated employee assigned to an acting position
whose continuing right to hold this position depends on being
selected from an eligible list established for the position, or to
the termination of employment pursuant to Section 44955.

44952. The provisions of Section 44949 shall not be construed as in
any way modifying or affecting the provisions of Section 44948.

44953. Governing boards of school districts may dismiss substitute
employees at any time at the pleasure of the board.

44954. Governing boards of school districts may release temporary
employees requiring certification qualifications under the following
circumstances:

(a) At the pleasure of the board prior to serving during one
school year at least 75 percent of the number of days the regular
schools of the district are maintained.

(b) After serving during one school year the number of days set
forth in subdivision (a), if the employee is notified before the end
of the school year of the district's decision not to reelect the
employee for the next succeeding year.

44955. (a) No permanent employee shall be deprived of his or her
position for causes other than those specified in Sections 44907 and
44923, and Sections 44932 to 44947, inclusive, and no probationary
employee shall be deprived of his or her position for cause other
than as specified in Sections 44948 to 44949, inclusive.

(b) Whenever in any school year the average daily attendance in
all of the schools of a district for the first six months in which
school is in session shall have declined below the corresponding
period of either of the previous two school years, whenever the
governing board determines that attendance in a district will decline
in the following year as a result of the termination of an
interdistrict tuition agreement as defined in Section 46304, whenever
a particular kind of service is to be reduced or discontinued not
later than the beginning of the following school year, or whenever
the amendment of state law requires the modification of curriculum,
and when in the opinion of the governing board of the district it
shall have become necessary by reason of any of these conditions to
decrease the number of permanent employees in the district, the
governing board may terminate the services of not more than a
corresponding percentage of the certificated employees of the
district, permanent as well as probationary, at the close of the
school year. Except as otherwise provided by statute, the services of
no permanent employee may be terminated under the provisions of this
section while any probationary employee, or any other employee with
less seniority, is retained to render a service which said permanent
employee is certificated and competent to render.

In computing a decline in average daily attendance for purposes of
this section for a newly formed or reorganized school district, each
school of the district shall be deemed to have been a school of the
newly formed or reorganized district for both of the two previous
school years.

As between employees who first rendered paid service to the
district on the same date, the governing board shall determine the
order of termination solely on the basis of needs of the district and
the students thereof. Upon the request of any employee whose order
of termination is so determined, the governing board shall furnish in
writing no later than five days prior to the commencement of the
hearing held in accordance with Section 44949, a statement of the
specific criteria used in determining the order of termination and
the application of the criteria in ranking each employee relative to
the other employees in the group. This requirement that the governing
board provide, on request, a written statement of reasons for
determining the order of termination shall not be interpreted to give
affected employees any legal right or interest that would not exist
without such a requirement.

(c) Notice of such termination of services shall be given before
the 15th of May in the manner prescribed in Section 44949, and
services of such employees shall be terminated in the inverse of the
order in which they were employed, as determined by the board in
accordance with the provisions of Sections 44844 and 44845. In the
event that a permanent or probationary employee is not given the
notices and a right to a hearing as provided for in Section 44949, he
or she shall be deemed reemployed for the ensuing school year.
The governing board shall make assignments and reassignments in
such a manner that employees shall be retained to render any service
which their seniority and qualifications entitle them to render.
However, prior to assigning or reassigning any certificated employee
to teach a subject which he or she has not previously taught, and for
which he or she does not have a teaching credential or which is not
within the employee's major area of postsecondary study or the
equivalent thereof, the governing board shall require the employee to
pass a subject matter competency test in the appropriate subject.

(d) Notwithstanding subdivision (b), a school district may deviate
from terminating a certificated employee in order of seniority for
either of the following reasons:

(1) The district demonstrates a specific need for personnel to
teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
certificated employee has special training and experience necessary
to teach that course or course of study or to provide those services,
which others with more seniority do not possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.

44955.5. (a) During the time period between five days after the
enactment of the Budget Act and August 15 of the fiscal year to which
that Budget Act applies, if the governing board of a school district
determines that its total revenue limit per unit of average daily
attendance for the fiscal year of that Budget Act has not increased
by at least 2 percent, and if in the opinion of the governing board
it is therefore necessary to decrease the number of permanent
employees in the district, the governing board may terminate the
services of any permanent or probationary certificated employees of
the district, including employees holding a position that requires an
administrative or supervisory credential. The termination shall be
pursuant to Sections 44951 and 44955 but, notwithstanding anything to
the contrary in Sections 44951 and 44955, in accordance with a
schedule of notice and hearing adopted by the governing board.
(b) This section is inoperative from July 1, 2002, to July 1,
2003, inclusive.

44956. (a) Any permanent employee whose services have been
terminated as provided in Section 44955 shall have the following
rights:

(1) For the period of 39 months from the date of such termination,
any employee who in the meantime has not attained the age of 65
years shall have the preferred right to reappointment, in the order
of original employment as determined by the board in accordance with
the provisions of Sections 44831 to 44855, inclusive, if the number
of employees is increased or the discontinued service is
reestablished, with no requirements that were not imposed upon other
employees who continued in service; provided, that no probationary or
other employee with less seniority shall be employed to render a
service which said employee is certificated and competent to render.
However, prior to reappointing any employee to teach a subject which
he or she has not previously taught, and for which he or she does not
have a teaching credential or which is not within the employee's
major area of postsecondary study or the equivalent thereof, the
governing board shall require the employee to pass a subject matter
competency test in the appropriate subject.

(2) The aforesaid right to reappointment may be waived by the
employee, without prejudice, for not more than one school year,
unless the board extends this right, but such waiver shall not
deprive the employee of his right to subsequent offers of
reappointment.

(3) Notwithstanding paragraph (1), a school district may deviate
from reappointing a certificated employee in order of seniority for
either of the following reasons:

(A) The district demonstrates a specific need for personnel to
teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
employee has special training and experience necessary to teach that
course or course of study, or to provide those services, which others
with more seniority do not possess.

(B) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.
(4) As to any such employee who is reappointed, the period of his
absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his service, he shall
retain the classification and order of employment he had when his
services were terminated, and credit for prior service under any
state or district retirement system shall not be affected by such
termination, but the period of his absence shall not count as a part
of the service required for retirement.

(5) During the period of his preferred right to reappointment, any
such employee shall, in the order of original employment, be offered
prior opportunity for substitute service during the absence of any
other employee who has been granted a leave of absence or who is
temporarily absent from duty; provided, that his services may be
terminated upon the return to duty of said other employee and that
said substitute service shall not affect the retention of his
previous classification and rights. If, in any school year the
employee serves as a substitute in any position requiring
certification for any 21 days or more within a period of 60
schooldays, the compensation the employee receives for substitute
service in that 60-day period, including his or her first 20 days of
substitute service, shall be not less than the amount the employee
would receive if he or she were being reappointed.

(6) During the period of the employee's preferred right to
reappointment, the governing board of the district, if it is also the
governing board of one or more other districts, may assign him to
service, which he is certificated and competent to render, in said
other district or districts; provided, that the compensation he
receives therefor may in the discretion of the governing board be the
same as he would have received had he been serving in the district
from which his services were terminated, that his service in the said
other district or districts shall be counted toward the period
required for both state and local retirement, as defined by Section
22102, as though rendered in the district from which his services
were terminated, and that no permanent employee in said other
district or districts shall be displaced by him.

It is the intent of this subsection that the employees of a school
district, the governing board of which is also the governing board
of one or more other school districts, shall not be at a disadvantage
as compared with employees of a unified school district.

(7) At any time prior to the completion of one year after his
return to service, he may continue or make up, with interest, his own
contributions to any state or district retirement system, for the
period of his absence, but it shall not be obligatory on state or
district to match such contributions.

(8) Should he become disabled or reach retirement age at any time
before his return to service, he shall receive, in any state or
district retirement system of which he was a member, all benefits to
which he would have been entitled had such event occurred at the time
of his termination of service, plus any benefits he may have
qualified for thereafter, as though still employed.

44956.5. For a certificated employee initially employed in an
administrative position on or after July 1, 1983, who transfers to a
teaching position, the period of employment in the administrative
position shall not be included in determining seniority for purposes
of Sections 44955 and 44956, except for school site administrators
who shall earn up to a maximum of three years seniority while serving
as site administrators.

44957. Any probationary employee whose services have been
terminated as provided in Section 44955 shall have the following
rights:

(a) For the period of 24 months from the date of such termination,
any employee who in the meantime has not attained the age of 65
years shall have the preferred right to reappointment, subject to the
prior rights to reappointment by all permanent employees as set
forth in Section 44956, in the order of original employment as
determined by the governing board in accordance with the provisions
of Sections 44831 to 44855, inclusive, if the number of employees is
increased or the discontinued service is reestablished, with no
requirements that were not imposed upon other employees who continued
in service. Except as otherwise provided, no probationary or
temporary employee with less seniority shall be employed to render a
service which such employee is certificated and competent to render
and provided that such an employee shall be given a priority over
employees whose right to a position is derived pursuant to Section
44918. However, prior to reappointing any employee to teach a subject
which he or she has not previously taught, and for which he or she
does not have a teaching credential or which is not within the
employee's major area of postsecondary study or the equivalent
thereof, the governing board shall require the employee to pass a
subject matter competency test in the appropriate subject.

(b) Notwithstanding subdivision (a), a school district may deviate
from reappointing a probationary employee in order of seniority for
either of the following reasons:

(1) The district demonstrates a specific need for personnel to
teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
employee has special training and experience necessary to teach that
course or course of study, or to provide those services, which others
with more seniority do not possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.

(c) As to any such employee who is reappointed, the period of his
absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his service, he shall
retain the classification and order of employment he had when his
services were terminated, and credit for prior service under any
state or district retirement system shall not be affected by such
termination; provided, however, that the period of his absence shall
not be counted as a part of the service required for attaining
permanent status in the district or, except as provided in
subdivision (e), for retirement purposes.

(d) During the period of his preferred right to reappointment, any
such employee shall, in the order of original employment, and
subject to the rights of permanent employees as set forth in Section
44956, be offered prior opportunity for substitute service during the
absence of any other employee who has been granted leave of absence
or who is temporarily absent from duty; provided, that his services
may be terminated upon a return to duty of such other employee, that
such substitute service shall not affect the retention of his
previous classification and rights, and that such an employee shall
be given a priority over employees whose right to a substitute
position is derived pursuant to Section 44918.

(e) At any time prior to the completion of one year after his
return to service, an employee reappointed under the provisions of
this section may elect to continue or to reinstate his membership and
interest in any state or district retirement system and to receive
retirement benefits as if no absence from service had occurred. In
the event of such election the employee shall pay into the retirement
system the amount of his share of contribution and the district's
share of contribution attributable to the period of absence and the
amount of any contributions withdrawn, plus interest.

44958. If the services of any probationary employee are terminated,
or if such employee is dismissed, because of a reduction in the
attendance of pupils or the discontinuance of a particular kind of
service, and such employee is reemployed within a period of 39 months
from the last day of the school year within which his service was so
terminated, or within 39 months after the cessation of hostilities,
if such reduction in attendance or discontinuance of service was due
to war conditions, the period of his absence shall not count as a
part of the service required as a condition precedent to the
classification of such employee as a permanent employee of the
district, but such absence shall not be construed as a break in the
continuity of the service of such employee.

Every such probationary employee who has been reemployed as
indicated in this section shall have all of the rights enumerated in
Sections 44955 to 44961, inclusive, for permanent employees, except
the right of reappointment, subject only to the prior rights of
permanent employees.

The provisions of this section shall apply to any probationary
employee who shall be or who shall have been dismissed or terminated
after January 1, 1949, because of reduction in attendance or
discontinuance of a particular kind of service.

44959. As to any permanent certificated employee whose services
have been terminated because of the effect of wars in which the
United States is engaged upon the attendance of pupils or upon the
maintenance of a particular kind of service, the effective period
covered by all rights enumerated in Section 44956 is extended until
two years after the cessation of hostilities, and in addition thereto
for a like period these employees shall have the following rights:

(a) He or she may voluntarily accept termination of service in
other than the order of original employment and retain all of the
other rights herein provided.

(b) If he or she is engaged in any form of civilian or military
war service, any credential or certificate he or she holds is
continued in full force and effect until 90 days after the
termination of his or her employment therein.

(c) If, either before or after such termination, he or she engages
in any form of war service for which provision is made in Section
44800 or elsewhere in the laws of this state, he or she shall retain
all rights granted by that war service legislation as though still
employed. However, the right to reappointment shall be in the order
of original employment, as determined in accordance with the
provisions of Sections 44844 and 44845.

44959.5. (a) The layoff provisions of Sections 44955, 44956, 44957,
44958 and 44959 shall not be applicable to probationary certificated
employees who are covered by a collective agreement which contains
provisions for the layoff and reassignment of such employees.

(b) If layoff proceedings are commenced under procedures
prescribed by any of the sections referred to in subdivision (a),
such proceedings shall continue in accordance with the statutory
procedures, notwithstanding the subsequent adoption of a collective
agreement or the inclusion in the coverage thereof of employees not
so covered at the time such proceedings commenced.

(c) If layoff proceedings are commenced under a collective
agreement which contains provisions for the layoff of probationary
certificated employees, such proceedings shall continue in accordance
with the agreement, notwithstanding the subsequent termination of
the agreement.

(d) This section shall only apply to a school district in which
the average daily attendance is 400,000 or more and shall not be
interpreted to apply to the termination of any probationary
certificated employee pursuant to Section 44948 or Section 44949.

44960. The services of any permanent certificated employee referred
to in Section 44959 who has been appointed to substitute service in
place of another employee who is on leave of absence for civilian or
military war service may be terminated upon the return of said other
employee from such leave of absence, but only at the end of the
current semester or quarter and not less than 30 days after written
notice that his services will no longer be required.

44961. In specifying or defining the rights of employees in
Sections 44955 to 44961, inclusive, the effect of war refers to "war"
as defined in Section 22804.

44962. Governing boards of school districts may grant leaves of
absence to persons employed in positions requiring certification
qualifications.

44963. When any provision of this code expressly authorizes or
requires the governing board of a school district to grant a leave of
absence for any purpose or for any period of time to persons
employed in positions requiring certification qualifications, that
express authorization or requirement does not deprive the governing
board of the power to grant leaves of absence with or without pay to
such employees for other purposes or for other periods of time, so
long as the governing board does not deprive any employee of any
leave of absence to which he is entitled by law.

44964. The governing board of any school district may provide for
the leave of absence from duty and may grant compensation during the
leave of absence to any employee of the district who is employed in a
position requiring certification qualifications and who is compelled
to absent himself from his duties because of accident or illness,
whether or not the cause of absence arises out of and in the course
of the employment of the employee, or because of quarantine which
results from his contact with other persons having a contagious
disease while performing his duties, or because of temporary
inability to perform the services required of him because of illness,
accident, or quarantine.

44965. The governing board of any school district shall provide for
leave of absence from duty for any certificated employee of the
district who is required to be absent from duties because of
pregnancy, miscarriage, childbirth, and recovery therefrom. The
length of the leave of absence, including the date on which the leave
shall commence and the date on which the employee shall resume
duties, shall be determined by the employee and the employee's
physician.

Disabilities caused or contributed to by pregnancy, miscarriage,
childbirth, and recovery therefrom are, for all job-related purposes,
temporary disabilities and shall be treated as such under any health
or temporary disability insurance or sick leave plan available in
connection with employment by any school district.

Except as provided herein, written and unwritten employment
policies and practices of any school district shall be applied to
disability due to pregnancy or childbirth on the same terms and
conditions applied to other temporary disabilities.

This section shall be construed as requiring the governing board
of a school district to grant leave with pay only when it is
necessary to do so in order that leaves of absence for disabilities
caused or contributed to by pregnancy, miscarriage, or childbirth be
treated the same as leaves for illness, injury, or disability.

44966. The governing board of any school district may grant any
employee of the district employed in a position requiring
certification qualifications, a leave of absence for not to exceed
one year for the purpose of permitting study or travel by the
employee which will benefit the schools and pupils of the district.

The governing board may provide that the leave of absence be taken in
separate six-month periods or separate quarters rather than for a
continuous one-year period, provided that the leave of absence for
both of the separate six-month periods or any or all quarters shall
be commenced and completed within a three-year period. Any period of
service by the individual intervening between the two separate
six-month periods or separate quarters of the leave of absence shall
comprise a part of the service required for a subsequent leave of
absence.

44967. No leave of absence shall be granted to any employee under
Section 44966 who has not rendered service to the district for at
least seven consecutive years preceding the granting of the leave,
and not more than one such leave of absence shall be granted in each
seven-year period. The governing board granting the leave of absence
may, subject to the rules and regulations of the State Board of
Education, prescribe the standards of service which shall entitle the
employee to the leave of absence. No absence from the service of the
district under a leave of absence, other than a leave of absence
granted pursuant to Section 44966, granted by the governing board of
the district shall be deemed a break in the continuity of service
required by this section, and the period of such absence shall not be
included as service in computing the seven consecutive years of
service required by this section. Service under a national recognized
fellowship or foundation approved by the State Board of Education,
for a period of not more than one year, for research, teaching or
lecturing shall not be deemed a break in continuity of service, and
the period of such absence shall be included in computing the seven
consecutive years of service required by this section.

44968. Every employee granted a leave of absence pursuant to
Section 44966 may be required to perform such services during the
leave as the governing board of the district and the employee may
agree upon in writing, and the employee shall receive such
compensation during the period of the leave as the governing board
and the employee may agree upon in writing, which compensation shall
be not less than the difference between the salary of the employee on
leave and the salary of a substitute employee in the position which
the employee held prior to the granting of the leave. However, in
lieu of such difference, the board may pay one-half of the salary of
the employee on leave or any additional amount up to and including
the full salary of the employee on leave.

44968.5. An employee granted a leave of absence pursuant to Section
44966 or 44967 may agree in writing with the governing board of the
school district not to receive compensation during the period of the
leave.

44969. Every employee, as a condition to being granted a leave of
absence pursuant to Section 44966, shall agree in writing to render a
period of service in the employ of the governing board of the
district following his return from the leave of absence which is
equal to twice the period of the leave. Compensation granted by the
governing board to the employee on leave for less than one year may
be paid during the first year of service rendered in the employ of
the governing board following the return of the employee from the
leave of absence or, in the event that the leave is for a period of
one year, such compensation may be paid in two equal annual
installments during the first two years of such service following the
return of the employee. The compensation shall be paid the employee
while on the leave of absence in the same manner as if the employee
were teaching in the district, upon the furnishing by the employee of
a suitable bond indemnifying the governing board of the district
against loss in the event that the employee fails to render the
agreed upon period of service in the employ of the governing board
following the return of the employee from the leave of absence. The
bond shall be exonerated in event the failure of the employee to
return and render the agreed upon period of service is caused by the
death or physical or mental disability of the employee. If the
governing board finds and by resolution declares that the interests
of the district will be protected by the written agreement of the
employee to return to the service of the district and render the
agreed upon period of service therein following his return from the
leave, the governing board in its discretion may waive the furnishing
of the bond and pay the employee on leave in the same manner as
though a bond is furnished.

44970. If the employee does not serve for the entire period of
service agreed upon under Section 44969, the amount of compensation
paid for the leave of absence shall be reduced by an amount which
bears the same proportion to the total compensation as the amount of
time which was not served bears to the total amount of time agreed
upon. If the employee furnished an indemnity bond, upon default, the
proceeds of the bond shall be divided between the employee and the
school district in the same proportion as the actual amount of time
served bears to the amount of time agreed upon.

44972. Where one governing board serves as the governing board of
two or more separate districts, an employee may fulfill the service
requirements provided in Section 44967 or in 44969, or both, by
service in any one or more of the districts under the jurisdiction of
such governing board. At the option of the governing board the
provisions of this section may apply in whole or in part to service
rendered prior to October 1, 1949.

44973. At the expiration of the leave of absence of the employee,
he shall, unless he otherwise agrees, be reinstated in the position
held by him at the time of the granting of the leave of absence.

44974. Both the governing board of any district and the district
shall be freed from any liability for the payment of any compensation
or damages provided by law for the death or injury of any employee
of the district employed in a position requiring certification
qualifications when the death or injury occurs while the employee is
on any leave of absence granted under the provisions of Sections
44962 to 44976, inclusive.

44975. No leave of absence when granted to a probationary employee
shall be construed as a break in the continuity of service required
for the classification of the employee as permanent. The time during
which the leave of absence is taken shall not be considered as
employment within the meaning of Sections 44882 to 44891, inclusive,
Sections 44893 to 44900, inclusive, Sections 44901 to 44906,
inclusive, and Sections 44908 to 44919, inclusive.

44976. When any school or other place of employment shall have been
transferred from one district to another, any certificated employees
who transfer with said school or other place of employment shall be
entitled to retain all sickness and injury, sabbatical and other
leave rights accumulated by service prior to such transfer and the
district to which such school or other place of employment has been
transferred shall recognize or grant such rights, including any
accumulated rights allowed by the governing board of the district
from which the school or other place of employment was transferred,
as fully as if there had been no change in the district maintaining
such school or other place of employment.

44977. (a) During each school year, when a person employed in a
position requiring certification qualifications has exhausted all
available sick leave, including all accumulated sick leave, and
continues to be absent from his or her duties on account of illness
or accident for an additional period of five school months, whether
or not the absence arises out of or in the course of the employment
of the employee, the amount deducted from the salary due him or her
for any of the additional five months in which the absence occurs
shall not exceed the sum that is actually paid a substitute employee
employed to fill his or her position during his or her absence or, if
no substitute employee was employed, the amount that would have been
paid to the substitute had he or she been employed. The school
district shall make every reasonable effort to secure the services of
a substitute employee.

(b) For purposes of subdivision (a):
(1) The sick leave, including accumulated sick leave, and the
five-month period shall run consecutively.
(2) An employee shall not be provided more than one five-month
period per illness or accident. However, if a school year terminates
before the five-month period is exhausted, the employee may take the
balance of the five-month period in a subsequent school year.

(c) The governing board of every school district shall adopt a
salary schedule for substitute employees. The salary schedule shall
indicate a salary for a substitute for all categories or classes of
certificated employees of the district.

(d) Excepting in a district the governing board of which has
adopted a salary schedule for substitute employees of the district,
the amount paid the substitute employee during any month shall be
less than the salary due the employee absent from his or her duties.

(e) When a person employed in a position requiring certification
qualifications is absent from his or her duties on account of illness
for a period of more than five school months, or when a person is
absent from his or her duties for a cause other than illness, the
amount deducted from the salary due him or her for the month in which
the absence occurs shall be determined according to the rules and
regulations established by the governing board of the district. The
rules and regulations shall not conflict with rules and regulations
of the State Board of Education.

(f) Nothing in this section shall be construed so as to deprive
any district, city, or city and county of the right to make any
reasonable rule for the regulation of accident or sick leave or
cumulative accident or sick leave without loss of salary for persons
acquiring certification qualifications.

(g) This section shall be applicable whether or not the absence
from duty is by reason of a leave of absence granted by the governing
board of the employing district.

44978. Every certificated employee employed five days a week by a
school district shall be entitled to 10 days' leave of absence for
illness or injury and additional days in addition thereto as the
governing board may allow for illness or injury, exclusive of all
days he or she is not required to render service to the district,
with full pay for a school year of service. A certificated employee
employed for less than five schooldays a week shall be entitled, for
a school year of service, to that proportion of 10 days' leave of
absence for illness or injury as the number of days he or she is
employed per week bears to five and is entitled to additional days in
addition thereto as the governing board may allow for illness or
injury to certificated employees employed for less than five
schooldays a week. Pay for any day of this absence shall be the same
as the pay that would have been received had the employee served
during the day. Credit for leave of absence need not be accrued prior
to taking the leave by the employee and the leave of absence may be
taken at any time during the school year. If the employee does not
take the full amount of leave allowed in any school year under this
section the amount not taken shall be accumulated from year to year
with additional days as the governing board may allow.

The governing board of each school district shall adopt rules and
regulations requiring and prescribing the manner of proof of illness
or injury for the purposes of this section. The rules and regulations
shall not discriminate against evidence of treatment and the need
therefor by the practice of the religion of any well-recognized
church or denomination.

Nothing in this section shall be deemed to modify or repeal any
provision of law contained in Chapter 3 (commencing with Section
120175) of Part 1 of Division 105 of the Health and Safety Code.
Section 44977 relating to compensation, shall not apply to the
first 10 days of absence on account of illness or accident of the
employee employed five days a week or to the proportion of 10 days of
absence to which the employee employed less than five days a week is
entitled hereunder on account of illness or accident or to
additional days granted by the governing board. Any employee shall
have the right to utilize sick leave provided for in this section and
the benefit provided by Section 44977 for absences necessitated by
pregnancy, miscarriage, childbirth, and recovery therefrom.

44978.1. When a certificated employee has exhausted all available
sick leave, including accumulated sick leave, and continues to be
absent on account of illness or accident for a period beyond the
five-month period provided pursuant to Section 44977, and the
employee is not medically able to resume the duties of his or her
position, the employee shall, if not placed in another position, be
placed on a reemployment list for a period of 24 months if the
employee is on probationary status, or for a period of 39 months if
the employee is on permanent status. When the employee is medically
able, during the 24- or 39-month period, the certificated employee
shall be returned to employment in a position for which he or she is
credentialed and qualified. The 24-month or 39-month period shall
commence at the expiration of the five-month period provided pursuant
to Section 44977.

44979. Any certificated employee of any school district who has
been an employee of that district for a period of one school year or
more and who accepts a position requiring certification
qualifications in another school district or community college
district at any time during the second or any succeeding school year
of his or her employment with the first school district, or who,
within the school year succeeding the school year in which employment
is terminated, signifies acceptance of his or her election or
employment in a position requiring certification qualifications in
another school district or community college district, shall have
transferred with him or her to the second district the total amount
of leave of absence for illness or injury to which he or she is
entitled under Section 44978. The State Board of Education shall
adopt rules and regulations prescribing the manner in which the first
district shall certify to the second district the total amount of
leave of absence for illness or injury to be transferred. No
governing board shall adopt any policy or rule, written or unwritten,
which requires any certificated employee transferring to its
district to waive any part or all of the leave of absence which he or
she may be entitled to have transferred in accordance with this
section.

44980. Any certificated employee of any school district who accepts
a position requiring certification qualifications in the office of
any county superintendent of schools; or, any certificated employee
of any county superintendent of schools who accepts a position
requiring certification qualifications in a school district or office
of another county superintendent of schools; or, any person employed
by the state department in a position requiring certification
qualifications or an employee of the office of the Chancellor of the
California Community Colleges who accepts a position requiring
certification qualifications in any school district or office of any
county superintendent of schools; or, any certificated employee of
the Commission on Teacher Credentialing who accepts a position
requiring certification qualifications in any school district or
office of any county superintendent of schools; shall have
transferred with him or her to the second position his or her
accumulated leave of absence for illness or injury. The amount of
leave to be transferred shall be determined in the same manner as
provided in Section 44979. All other provisions of Section 44979
shall also apply to the employees and employers described in this
section.

44981. Any days of leave of absence for illness or injury allowed
pursuant to Section 44978 may be used by the employee, at his or her
election in cases of personal necessity. The governing board of each
school district and each office of county superintendent of schools
shall adopt rules and regulations requiring and prescribing the
manner of proof of personal necessity for purposes of this section.
The employee shall not be required to secure advance permission
for leave taken for any of the following reasons:
(1) Death or serious illness of a member of his or her immediate
family.
(2) Accident, involving his or her person or property, or the
person or property of a member of his or her immediate family.
No such accumulated leave in excess of seven (7) days may be used
in any school year for the purposes enumerated in this section unless
a maximum number of days in excess of seven (7) is specified for
that purpose in an agreement between the exclusive bargaining
representative and the district.

44982. Any person employed by a school district or by a county
superintendent of schools in a position requiring certification
qualifications who accepts a professional education position in the
Department of Education, the appointment to which is, or is intended
to become, permanent, shall have transferred with him to the
Department of Education his accumulated leave of absence for illness
or injury. The amount of such leave to be transferred shall be
determined in the same manner as provided in Section 44979, except in
no case may the transferred accumulated sick leave exceed that
amount of accumulated sick leave that the person would have earned as
an employee in the system to which he is transferring. All other
provisions of Section 44979 shall also apply to the employees and
employers described in this section.

44983. Section 44977 shall not apply to any school district which
adopts and maintains in effect a rule which provides that when a
person employed in a position requiring certification qualifications
is absent from his duties on account of illness or accident for a
period of five school months or less whether or not the absence
arises out of or in the course of the employment of the employee, he
shall receive 50 percent or more of his regular salary during the
period of such absence and nothing in Section 44977 shall be
construed as preventing the governing board of any district from
adopting any such rule.

Notwithstanding the foregoing, when a person employed in a
position requiring certification qualifications is absent from his
duties on account of illness for a period of more than five school
months, or when a person is absent from his duties for a cause other
than illness, the amount deducted from the salary due him for the
month in which the absence occurs shall be determined according to
the rules and regulations established by the governing board of the
district. Such rules and regulations shall not conflict with rules
and regulations of the State Board of Education.

Nothing in this section shall be construed so as to deprive any
district, city, or city and county of the right to make any
reasonable rule for the regulation of accident or sick leave or
cumulative accident or sick leave without loss of salary for persons
requiring certification qualifications.

This section shall be applicable whether or not the absence from
duty is by reason of a leave of absence granted by the governing
board of the employing district.

44984. Governing boards of school districts shall provide by rules
and regulations for industrial accident and illness leaves of absence
for all certificated employees. The governing board of any district
which is created or whose boundaries or status is changed by an
action to organize or reorganize districts completed after the
effective date of this section shall provide by rules and regulations
for such leaves of absence on or before the date on which the
organization or reorganization of the district becomes effective for
all purposes as provided in Section 4064.

Such rules or regulations shall include the following provisions:
a. Allowable leave shall be for not less than 60 days during which
the schools of the district are required to be in session or when
the employee would otherwise have been performing work for the
district in any one fiscal year for the same accident;
b. Allowable leave shall not be accumulated from year to year;
c. Industrial accident or illness leave shall commence on the
first day of absence;
d. When a certificated employee is absent from his duties on
account of an industrial accident or illness, he shall be paid such
portion of the salary due him for any month in which the absence
occurs as, when added to his temporary disability indemnity under
Division 4 or Division 4.5 of the Labor Code, will result in a
payment to him of not more than his full salary;
The phrase "full salary" as utilized in this subdivision shall be
computed so that it shall not be less than the employee's "average
weekly earnings" as that phrase is utilized in Section 4453 of the
Labor Code. For purposes of this section, however, the maximum and
minimum average weekly earnings set forth in Section 4453 of the
Labor Code shall otherwise not be deemed applicable.
e. Industrial accident or illness leave shall be reduced by one
day for each day of authorized absence regardless of a temporary
disability indemnity award;
f. When an industrial accident or illness leave overlaps into the
next fiscal year, the employee shall be entitled to only the amount
of unused leave due him for the same illness or injury.
Upon termination of the industrial accident or illness leave, the
employee shall be entitled to the benefits provided in Sections
44977, 44978 and 44983, and for the purposes of each of these
sections, his absence shall be deemed to have commenced on the date
of termination of the industrial accident or illness leave, provided
that if the employee continues to receive temporary disability
indemnity, he may elect to take as much of his accumulated sick leave
which, when added to his temporary disability indemnity, will result
in a payment to him of not more than his full salary.
The governing board may, by rule or regulation, provide for such
additional leave of absence for industrial accident or illness as it
deems appropriate.

During any paid leave of absence, the employee may endorse to the
district the temporary disability indemnity checks received on
account of his industrial accident or illness. The district, in turn,
shall issue the employee appropriate salary warrants for payment of
the employee's salary and shall deduct normal retirement, other
authorized contributions, and the temporary disability indemnity, if
any, actually paid to and retained by the employee for periods
covered by such salary warrants.

Any employee receiving benefits as a result of this section shall,
during periods of injury or illness, remain within the State of
California unless the governing board authorizes travel outside the
state.

In the absence of rules and regulations adopted by the governing
board pursuant to this section an employee shall be entitled to
industrial accident or illness leave as provided in this section but
without limitation as to the number of days of such leave.

44985. Every person employed by a school district in a position
requiring certification qualifications is entitled to a leave of
absence, not to exceed three days, or five days if out-of-state
travel is required, on account of the death of any member of his
immediate family. No deduction shall be made from the salary of such
employee nor shall such leave be deducted from leave granted by other
sections of this code or provided by the governing board of the
district. The governing board may enlarge the benefits of this
section and may expand the class of relatives listed below as members
of the immediate family. Members of the immediate family, as used in
this section, means the mother, father, grandmother, grandfather, or
a grandchild of the employee or of the spouse of the employee, and
the spouse, son, son-in-law, daughter, daughter-in-law, brother, or
sister of the employee, or any relative living in the immediate
household of the employee.

44986. (a) The governing board of a school district may grant a
leave of absence to any certificated employee who has applied for
disability benefits, not to exceed 30 days beyond final determination
of the employee's eligibility for disability benefits by the State
Teachers' Retirement System. If the employee is determined to be
eligible for the disability benefits by the system, that leave shall
be extended for the term of disability, but not more than 39 months.
(b) (1) Governing boards of school districts shall classify as
temporary employees those persons employed to fill vacancies caused
by the absence of certificated employees who are classified as
permanent and are receiving a disability or insurance allowance or
benefit from the system or from a group insurance plan for which the
employer is paying the cost or deducting the cost from the employees'
salaries.
(2) For purposes of this section, the term of employment of the
temporary employee shall be equal to the number of days of absence of
the employee receiving the disability benefit.
(3) If the term of employment extends beyond this period, the
employee shall be credited for all days served as a probationary
employee.

44986.1. Any member for whom the employer makes application for a
disability benefit and whom the State Teachers' Retirement System
finds not to be disabled under this chapter, shall be reinstated to
the former position upon receipt by the employer of notification from
the system of the denial of the disability benefit.

44987. (a) The governing board of a school district shall grant to
any employee, upon request, a leave of absence without loss of
compensation for the purpose of enabling the employee to serve as an
elected officer of any local school district public employee
organization, or any statewide or national public employee
organization with which the local organization is affiliated.

The leave shall include, but is not limited to, absence for
purposes of attendance by the employee at periodic, stated, special,
or regular meetings of the body of the organization on which the
employee serves as an officer. Compensation during the leave shall
include retirement fund contributions required of the school district
as employer. The required employer contribution rate shall be the
rate adopted by the Teachers' Retirement Board as a plan amendment
with respect to the Defined Benefit Program as provided in Section
22711. The employee shall earn full service credit during the leave
of absence and shall pay member contributions as prescribed by
Section 22711. The maximum amount of the service credit earned may
not exceed twelve calendar years. Any employee who serves as a
full-time officer of a public employee organization is not eligible
for disability benefits under the State Teachers' Retirement Plan
while on the leave of absence.

Following the school district's payment of the employee for the
leave of absence, the school district shall be reimbursed by the
employee organization of which the employee is an elected officer for
all compensation paid the employee on account of the leave.
Reimbursement by the employee organization shall be made within 10
days after its receipt of the school district's certification of
payment of compensation to the employee.

The leave of absence without loss of compensation provided for by
this section is in addition to the released time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code.

For purposes of this section, "school district" also means "county
superintendent of schools."
(b) An employee who after August 31, 1978, was absent on account
of elected-officer service, shall receive full service credit in the
State Teachers' Retirement Plan; provided that, not later than April
30, 1981: (1) the employee makes a written request to the employer
for a leave of absence for the period of the elected-officer service,
and (2) the employee organization of which the employee is an
elected officer pays to the employee's school district an amount
equal to the required State Teachers' Retirement Plan member and
employer retirement contributions, as prescribed by this section.
The school district, following this written request and payment,
shall transmit the amount received to the State Teachers' Retirement
System, informing it of the period of the employee's leave of
absence. The State Teachers' Retirement System shall credit the
employee with all service credit earned for the period of the
elected-officer leave of absence.

If the employee has been compensated by the school district for
the period of the service, then, as a condition to the employee's
entitlement to service credit for this period, the school district
shall be reimbursed by the employee organization for the amount of
the compensation.

The provisions of this subdivision shall apply retroactively to
all service as an elective officer in a public employee organization
occurring after August 31, 1978.

44987.3. (a) The governing board of a school district shall grant
to any employee, upon request, a leave of absence without loss of any
compensation for the purpose of enabling the employee to serve on
any of the following boards, commissions, committees, or groups, so
long as the requirements of subdivision (b) are satisfied:
(1) Advisory Commission on Special Education, as provided for by
Section 33590.
(2) Advisory committee for child care and development services, as
provided in Section 8286.
(3) Curriculum Development and Supplemental Materials Commission,
as provided for by Section 33530.
(4) Educational Innovation and Planning Commission, as provided
for by Section 33502.
(5) Educational Management and Evaluation Commission, as provided
for by Section 33550.
(6) Any other group, commission, or board authorized by statute;
or commission or board, any of whose members are appointed by the
Governor or the state board; whose purposes and activities are to
further public education, exclusive of the Commission on Teacher
Credentialing.

(b) A leave of absence shall not be granted unless all the
following requirements are satisfied:
(1) Service is performed in the State of California.
(2) The board, commission, committee, or group, in writing,
informs the employee's district of the service.
(3) The board, commission, committee, or group agrees, prior to
service, to reimburse the school district pursuant to subdivision
(d).

(c) The leave of absence shall be limited to 20 schooldays per
school year.

(d) Following the school district's payment of the employee for
the leave of absence, the school district shall be reimbursed by the
board, commission, committee, or group that the employee serves for
the compensation paid to the employee's substitute and for actual
administrative costs related to the leave of absence granted to the
employee under this section, upon written request for reimbursement
by the school district. Reimbursement by the board, commission,
committee, or group shall be made within 10 days after its receipt of
the school district's certification of payment of compensation to
the employee and of payment of compensation to the employee's
substitute.

(e) The leave of absence without loss of compensation provided for
by this section is in addition to the release time without loss of
compensation granted to representatives of an exclusive
representative by subdivision (c) of Section 3543.1 of the Government
Code and the leave of absence granted employees by Section 44987.

(f) As used in this section, "school district" also means a county
superintendent of schools.

44988. Prior to July 1 of any school year, the governing board of
any school district may designate other days during such year as the
holidays to which certificated employees are entitled in lieu of the
holidays on February 12 known as "Lincoln Day," the third Monday in
February known as "Washington Day," the last Monday in May known as
"Memorial Day," or November 11 known as "Veterans Day," provided that
such designated days will provide for at least a three-day weekend.
Certificated employees shall be required to work on the regular
holiday for which another day is designated pursuant to this section,
and for work of eight hours or less, shall be paid compensation at
their regular rate of pay.

If any certificated employee would be entitled to the regular paid
holiday but would not be in a paid status during any portion of the
working day immediately preceding or succeeding the day so designated
in lieu of such holiday and therefore would not be entitled to such
day in lieu of the holiday, he or she shall be entitled to the
regular holiday.

This section shall not be construed to authorize the maintenance
of schools on holidays other than as provided in Article 3
(commencing with Section 37220) of Chapter 2 of Part 22.