Section 44112 Of Article 5. Reporting By School Employees Of Improper Governmental Activities From California Education Code >> Division 3. >> Title 2. >> Part 25. >> Chapter 1. >> Article 5.
44112
. For the purposes of this article, the following terms have
the following meanings:
(a) "Employee" means a public school employee as defined in
subdivision (j) of Section 3540.1 of the Government Code.
(b) "Illegal order" means any directive to violate or assist in
violating a federal, state, or local law, rule, or regulation or an
order to work or cause others to work in conditions outside of their
line of duty that would unreasonably threaten the health or safety of
employees or the public.
(c) "Improper governmental activity" means an activity by a public
school agency or by an employee that is undertaken in the
performance of the employee's official duties, whether or not that
activity is within the scope of his or her employment, and that meets
either of the following descriptions:
(1) The activity violates a state or federal law or regulation,
including, but not limited to, corruption, malfeasance, bribery,
theft of government property, fraudulent claims, fraud, coercion,
conversion, malicious prosecution, misuse of government property, or
willful omission to perform duty.
(2) The activity is economically wasteful or involves gross
misconduct, incompetency, or inefficiency.
(d) "Person" means any individual, corporation, trust,
association, any state or local government, or any agency or
instrumentality of any of the foregoing.
(e) "Protected disclosure" means a good faith communication that
discloses or demonstrates an intention to disclose information that
may evidence either of the following:
(1) An improper governmental activity.
(2) Any condition that may significantly threaten the health or
safety of employees or the public if the disclosure or intention to
disclose was made for the purpose of remedying that condition.
(f) "Public school employer" has the same meaning as in
subdivision (k) of Section 3540.1 of the Government Code.