(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 minorâs 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 minorâs parent or guardian, the minorâs support person, or a mental health professional who has evaluated the minor. (B) There is a substantial likelihood, established by expert testimony, that the minor would suffer emotional distress from testifying. (C) According to expert testimony, the minor suffers from a medical condition, mental condition, or other infirmity. (D) The judge finds that conduct of the respondent or the respondentâs representative causes the minor to be unable to continue testifying. (3) The judge shall rule on the application, and support a ruling on the minorâs inability to testify with findings on the record. In determining whether the impact on an individual minor of one or more of the factors described in paragraph (2) is so substantial as to justify an order under paragraph (1), the judge may question the minor in the judgeâs office, or at some comfortable place other than the hearing room, on the record for a reasonable period of time in the presence of the minorâs parent or guardian, the minorâs support person, counsel for the school district, and a representative of the respondent. (4) If the judge orders the taking of testimony by television, counsel for the school district and a representative of the respondent, not including a respondent represented pro se, shall be present in a room outside the hearing room with the minor, and the minor shall be subjected to direct and cross-examination. The following are the only other persons who may be permitted in the room with the minor during the minorâs testimony: (A) Any persons necessary to operate the closed-circuit television equipment. (B) The parent or guardian of the minor. (C) Any other persons whose presence is determined by the judge to be necessary to the welfare and well-being of the minor, including, but not necessarily limited to, a judicial officer or support person. (5) In making the determination required by this subdivision, the judge shall consider the age, maturity, and cognitive ability of the minor, compared with other minors of the same age, the relationship between the minor and the respondent, any handicap or disability of the minor, and the nature of the acts alleged to have been committed by the respondent. The minorâs testimony shall be under oath and transmitted by closed-circuit television into the hearing room for viewing and hearing by the respondent, the judge, and any members of the public in attendance. The respondent shall be provided with the means of private, contemporaneous communication with the respondentâs representative during the testimony. The closed-circuit television transmission shall relay into the room in which the minor is testifying the respondentâs image, and the voice of the judge. (b) (1) In an administrative proceeding held pursuant to Section 44934.1 involving an alleged offense involving a minor that meets the definition of egregious
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