California Education Code

§ 44991

EDC § 44991 Effective Jan 1, 2020Div. 3 · Title 2 · Part 25 · Ch. 4 · Art. 3.3

Statute text

(a)(1) In an administrative proceeding held pursuant to Section 44934.1 involving an alleged offense involving a minor that meets the definition of egregious misconduct under paragraph (1) of subdivision (a) of Section 44932, counsel for a school district may apply for an order that the minor’s testimony be taken in a room outside the hearing room and be televised by two-way closed-circuit television and bears the burden of proving that such an order is justified. The person seeking such an order shall apply for the order at least seven days before the hearing date, unless the judge finds on the record that the need for such an order was not reasonably foreseeable.

(2)The judge may order that the testimony of the minor be taken by closed-circuit television as provided in paragraph (1) if the judge finds that the minor is unable to testify in the hearing room in the presence of the respondent for any of the following reasons:

(A)The minor is unable to testify because of emotional distress, established by a written statement of the minor, the minor’s parent or guardian, the minor’s support person, or a mental health professional who has evaluated the minor.

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Legislative history

Amended by Stats. 2019, Ch. 497, Sec. 56. (AB 991) Effective January 1, 2020.