BILL NUMBER: AB 1262 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 18, 2011
An act to amend, repeal, and add Sections 44956 and 44957 of the
Education Code, relating to education employment, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1262, as introduced, Dickinson. Education employment: right to
reappointment.
Existing law provides that when permanent and probationary
employees are terminated pursuant to a reduction in workforce, a
school district is required to terminate the employees in order of
seniority. Existing law requires that a permanent employee terminated
pursuant to these provisions, for the period of 39 months from the
date of the termination, and who has not reached 65 years of age in
the meantime, have the preferred right to reappointment, in order of
seniority. Existing law provides similar rights to reappointment for
probationary employees, for the period of 24 months from the date of
termination.
This bill would eliminate the age limit of 65 years. The bill
would eliminate the 39-month limitation for permanent employees
terminated commencing with the 2007-08 school year, and would restore
the 39-month limitation commencing on July 1, 2016. The bill would
eliminate the 24-month limitation for probationary employees
terminated commencing with the 2008-09 school year, and would restore
the 24-month limitation commencing on July 1, 2016.
The bill would make various technical, nonsubstantive changes.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44956 of the Education Code is amended to read:
44956. (a) Any
A permanent employee whose services have been
terminated commencing with the 2007- 08 school year,
as provided in Section 44955 , shall have the
following rights:
(1) For the period of 39 months from the date of such termination,
any
(a) An 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 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; provided, that no
a probationary or other employee with less
seniority shall not be employed to render a service
which said that the employee is
certificated and competent to render. However, prior to reappointing
any employee to teach a subject which that
he or she has not previously taught, and for which he or she
does not have a teaching credential or which
that 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)
(b) The aforesaid right to
reappointment described in subdivision (a) may be waived
by the employee, without prejudice, for not more than one school
year, unless the governing board extends this right, but
such the waiver shall not deprive the
employee of his or her right to subsequent offers of
reappointment.
(3)
(c) Notwithstanding paragraph (1)
subdivision (a) , a school district may deviate from
the order of seniority in reappointing a certificated employee
in order of seniority for either of the following
reasons:
(A)
(1) The school 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)
(2) For purposes of maintaining or achieving compliance
with constitutional requirements related to equal protection of the
laws.
(4) As to any such
(d) For an employee who is
reappointed, the period of his or her absence shall be
treated as a leave of absence and shall not be considered as a break
in the continuity of his or her service, he or she
shall retain the classification and order of employment he
or she had when his or her services were
terminated, and credit for prior service under any state or district
retirement system shall not be affected by such
the termination, but the period of his or her
absence shall not count as a part of the service required for
retirement.
(5)
(e) During the period of his or her
preferred right to reappointment, any such an
employee shall , in the order of original
employment, shall 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 duty. However, his
or her services may be terminated upon the return to duty of
said the other employee and
that said the substitute service shall not
affect the retention of his or her 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 have
received if he or she were being reappointed.
(6)
(f) During the period of the employee's preferred right
to reappointment, the governing board of the school
district, if it is also the governing board of one or more other
districts, may assign him or her to service, which he
or she is certificated and competent to render, in
said the other district or districts;
provided, that districts. However, the
compensation he the employee receives
therefor may in the discretion of the governing
board be the same as he or she would have received had he
or she been serving in the district from which his or
her services were terminated, that and
his or her 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 or her
services were terminated, and that no a
permanent employee in said the
other district or districts shall not be displaced by him
or her .
It is the intent of this subsection
subdivision 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)
(g) At any time prior to the completion of one year
after his the employee's return to
service, he or she may continue or make up, with interest,
his or her own contributions to any
a state or district retirement system, for the period of
his or her absence, but it shall not be obligatory on
the state or district to match such
these contributions.
(8) Should he become
(h) If the employee becomes
disabled or reach reaches retirement
age at any time before his or her return to service, he
or she shall receive, in any state or district retirement
system of which he or she was a member, all benefits to
which he or she would have been entitled had such
event the disability or retirement occurred at
the time of his or her termination of service, plus any
benefits he or she may have qualified for thereafter, as
though still employed.
(i) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 44956 is added to the Education Code, to read:
44956. A permanent employee whose services have been terminated
as provided in Section 44955 shall have the following rights:
(a) For the period of 39 months from the date of the termination,
an employee shall have the preferred right to reappointment, 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, provided that a
probationary or other employee with less seniority shall not be
employed to render a service that the employee is certificated and
competent to render. However, prior to reappointing any employee to
teach a subject that he or she has not previously taught, and for
which he or she does not have a teaching credential or that 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) The right to reappointment described in subdivision (a) may be
waived by the employee, without prejudice, for not more than one
school year, unless the governing board extends this right, but the
waiver shall not deprive the employee of his or her right to
subsequent offers of reappointment.
(c) Notwithstanding subdivision (a), a school district may deviate
from the order of seniority in reappointing a certificated employee
for either of the following reasons:
(1) The school 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
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.
(d) For an employee who is reappointed, the period of his or her
absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his or her service, he or
she shall retain the classification and order of employment he or she
had when his or her services were terminated, and credit for prior
service under any state or district retirement system shall not be
affected by the termination, but the period of his or her absence
shall not count as a part of the service required for retirement.
(e) During the period of his or her preferred right to
reappointment, an employee, in the order of original employment,
shall 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. However, his or her services
may be terminated upon the return to duty of the other employee and
the substitute service shall not affect the retention of his or her
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 have received if he or she were being reappointed.
(f) During the period of the employee's preferred right to
reappointment, the governing board of the school district, if it is
also the governing board of one or more other school districts, may
assign him or her to service, which he or she is certificated and
competent to render, in the other district or districts. However, the
compensation the employee receives may in the discretion of the
governing board be the same as he or she would have received had he
or she been serving in the district from which his or her services
were terminated, and his or her service in the 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 or her services were terminated, and
a permanent employee in the other district or districts shall not be
displaced by him or her.
It is the intent of this subdivision 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.
(g) At any time prior to the completion of one year after the
employee's return to service, he or she may continue or make up, with
interest, his or her own contributions to a state or district
retirement system, for the period of his or her absence, but it shall
not be obligatory on the state or district to match these
contributions.
(h) If the employee becomes disabled or reaches retirement age at
any time before his or her return to service, he or she shall
receive, in any state or district retirement system of which he or
she was a member, all benefits to which he or she would have been
entitled had the disability or retirement occurred at the time of his
or her termination of service, plus any benefits he or she may have
qualified for thereafter, as though still employed.
(i) This section shall become operative on July 1, 2016.
SEC. 3. Section 44957 of the Education Code is amended to read:
44957. Any A probationary employee
whose services have been terminated commencing with the 2008-
09 school year, as provided in Section 44955 ,
shall have the following rights:
(a) For the period of 24 months from the date of such
termination, any An 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 a
probationary or temporary employee with less seniority shall not
be employed to render a service which such
that the employee is certificated and competent to render
and provided that such an the employee
shall be given a priority over employees whose right to a position is
derived pursuant to Section 44918. However, prior to reappointing
any an employee to teach a subject
which that he or she has not previously
taught, and for which he or she does not have a teaching credential
or which that 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 school 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 For an employee
who is reappointed, the period of his or her absence shall
be treated as a leave of absence and shall not be considered as a
break in the continuity of his or her service, he or
she shall retain the classification and order of employment he
or she had when his or her 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 termination. However,
the period of his or her 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 or her preferred right to
reappointment, any such an employee
shall , in the order of original employment, and
subject to the rights of permanent employees as set forth in Section
44956, shall 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 duty. However, his or her
services may be terminated upon a return to duty of such
the other employee, that such
the substitute service shall not affect the retention of
his or her previous classification and rights, and
that such an the 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
or her return to service, an employee reappointed under the
provisions of this section may elect to continue or to reinstate his
or her 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
this election the employee shall pay into the retirement
system the amount of his or her 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.
(f) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 44957 is added to the Education Code, to read:
44957. A 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 the termination,
an employee 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, a probationary or
temporary employee with less seniority shall not be employed to
render a service that the employee is certificated and competent to
render and the employee shall be given a priority over employees
whose right to a position is derived pursuant to Section 44918.
However, prior to reappointing an employee to teach a subject that he
or she has not previously taught, and for which he or she does not
have a teaching credential or that 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 school 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
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) For an employee who is reappointed, the period of his or her
absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his or her service, he or
she shall retain the classification and order of employment he or she
had when his or her services were terminated, and credit for prior
service under any state or district retirement system shall not be
affected by the termination. However, the period of his or her
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 or her preferred right to
reappointment, an employee, in the order of original employment, and
subject to the rights of permanent employees as set forth in Section
44956, shall 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. However, his or
her services may be terminated upon a return to duty of the other
employee, the substitute service shall not affect the retention of
his or her previous classification and rights, and the 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 or
her return to service, an employee reappointed under the provisions
of this section may elect to continue or to reinstate his or her
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 this election the employee shall pay into
the retirement system the amount of his or her 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.
(f) This section shall become operative on July 1, 2016.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to preserve the public and private investment in the
training of certificated employees who have been subject to layoff
from public school employment in unprecedented numbers in the past
three years, and to ensure that these qualified employees remain in
the teaching profession as opposed to seeking employment in other
fields, it is necessary to temporarily extend their rights to rehire
for the next three years, until state funding for public education
increases, and thus, it is necessary that this act take effect
immediately.