Senator Cortese's Bill Would Extend Due Process Rights to Classified Employees

School bus drivers, custodians, office workers and other classified employees would gain fairer due process rights under a bill introduced Monday by Senator Dave Cortese (D-San Jose).

SB 433 would protect the right of classified school workers to challenge disciplinary decisions against them to an impartial third-party officer. Currently for most school districts, classified staff must appeal disciplinary actions made against them to their district’s governing board, but school boards typically reinforce decisions made by the district management. Allowing a neutral third-party officer to review these decisions would grant classified staff the same due process rights as most other public sector employees, including teachers.

“Classified employees are the lifeblood of a school — these employees drive our school buses, prepare and serve meals to children, and carry out essential office functions. They deserve the same due process rights as teachers,” said Senator Cortese. “SB 433 promotes a more fair and equitable discipline system. Establishing impartial, third-party officers to arbitrate over disciplinary actions will protect the rights and liberties of classified school staff.”

SB 433 bill would require school districts to obtain a third-party hearing officer to determine if a permanent employee should be subject to discipline. Current law allows school districts to obtain an independent hearing officer for classified staff, though it is not required. The bill would still allow local education agencies (LEAs) and unions to negotiate a different disciplinary governance process into their collective bargaining agreements.