BILL NUMBER: AB 1908 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2012
PASSED THE ASSEMBLY APRIL 26, 2012
INTRODUCED BY Assembly Member Alejo
(Principal coauthor: Assembly Member Butler)
(Coauthors: Assembly Members Eng and Lara)
FEBRUARY 22, 2012
An act to amend Sections 45117 and 88017 of the Education Code,
relating to classified employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1908, Alejo. Classified employees: notice of layoff.
Under existing law, classified employees of school districts and
community college districts subject to layoff as a result of the
expiration of a specially funded program at the end of a school year
are required to be given written notice on or before April 29
informing them of certain rights. Existing law also requires that
notice be given not less than 45 days before the effective layoff
date if the termination date of a specially funded program is other
than June 30, or if classified employees are subject to layoff as a
result of a bona fide reduction or elimination of a service performed
by a department.
This bill would instead require that written notice be given to a
classified employee of a school district or community college
district subject to layoff not less than 60 days before the effective
layoff date if the termination date of a specially funded program is
other than June 30, or if a classified employee is subject to layoff
as a result of a bona fide reduction or elimination of a service
performed by a department. To the extent that this bill would impose
new duties on school districts and community college districts, it
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 45117 of the Education Code is amended to read:
45117. (a) When, as a result of the expiration of a specially
funded program, classified positions must be eliminated at the end of
any school year, and classified employees will be subject to layoff
for lack of funds, the employees to be laid off at the end of the
school year shall be given written notice on or before April 29
informing them of their layoff effective at the end of the school
year and of their displacement rights, if any, and reemployment
rights. However, if the termination date of any specially funded
program is other than June 30, the notice shall be given not less
than 60 days prior to the effective date of their layoff.
(b) When, as a result of a bona fide reduction or elimination of
the service being performed by any department, classified employees
shall be subject to layoff for lack of work, affected employees shall
be given notice of layoff not less than 60 days prior to the
effective date of layoff, and informed of their displacement rights,
if any, and reemployment rights.
(c) (1) A classified employee may not be laid off if a short-term
employee is retained to render a service that the classified employee
is qualified to render. This subdivision does not create a 60-day
layoff notice requirement for any individual hired as a short-term
employee, as defined in Section 45103, for a period not exceeding 60
days.
(2) This subdivision does not apply to the retention of a
short-term employee, as defined in Section 45103, who is hired for a
period not exceeding 60 days after which the short-term service may
not be extended or renewed.
(d) This section does not preclude the governing board of a school
district from implementing either of the following actions without
providing the notice required by subdivision (a) or (b):
(1) A layoff for a lack of funds in the event of an actual and
existing financial inability to pay the salaries of classified
employees.
(2) A layoff for a lack of work resulting from causes not
foreseeable or preventable by the governing board.
(e) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 6 (commencing with Section 45240).
SEC. 2. Section 88017 of the Education Code is amended to read:
88017. (a) When, as a result of the expiration of a specially
funded program, classified positions must be eliminated at the end of
any school year, and classified employees will be subject to layoff
for lack of funds, the employees to be laid off at the end of the
school year shall be given written notice on or before April 29
informing them of their layoff effective at the end of the school
year and of their displacement rights, if any, and reemployment
rights. However, if the termination date of any specially funded
program is other than June 30, the notice shall be given not less
than 60 days prior to the effective date of their layoff.
(b) When, as a result of a bona fide reduction or elimination of
the service being performed by any department, classified employees
shall be subject to layoff for lack of work, affected employees shall
be given notice of layoff not less than 60 days prior to the
effective date of layoff, and informed of their displacement rights,
if any, and reemployment rights.
(c) (1) A classified employee may not be laid off if a short-term
employee is retained to render a service that the classified employee
is qualified to render. This subdivision does not create a 60-day
layoff notice requirement for any individual hired as a short-term
employee, as defined in Section 88003, for a period not exceeding 60
days.
(2) This subdivision does not apply to the retention of a
short-term employee, as defined in Section 88003, who is hired for a
period not exceeding 60 days after which the short-term service may
not be extended or renewed.
(d) This section does not preclude the governing board of a
community college district from implementing either of the following
without providing the notice required by subdivision (a) or (b):
(1) A layoff for a lack of funds in the event of an actual and
existing financial inability to pay the salaries of classified
employees.
(2) A layoff for a lack of work resulting from causes not
foreseeable or preventable by the governing board.
(e) This section shall apply to districts that have adopted the
merit system in the same manner and effect as if it were a part of
Article 3 (commencing with Section 88060) of this chapter.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.