BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 2307| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 2307 Author: Butler (D) Amended: 7/5/12 in Senate Vote: 21 SENATE EDUCATION COMMITTEE : 6-2, 6/27/12 AYES: Lowenthal, Alquist, Liu, Price, Simitian, Vargas NOES: Blakeslee, Huff NO VOTE RECORDED: Runner, Hancock, Vacancy ASSEMBLY FLOOR : 46-27, 5/17/12 - See last page for vote SUBJECT : Classified school employees SOURCE : California School Employees Association DIGEST : This bill requires that a classified school employee, who is placed on a reemployment list and is subsequently reemployed in a new position, retains the right to be returned to the reemployment list for the remainder of the 39-month period in the event he/she fails to complete the probationary period in the new position. ANALYSIS : Existing law requires the governing boards of school and community college districts to grant permanent employee status to classified employees who have passed a specified probationary period, not to exceed on year, in a classification. This bill requires that a classified school employee, who CONTINUED AB 2307 Page 2 is placed on a reemployment list and is subsequently reemployed in a new position, retains the right to be returned to the reemployment list for the remainder of the 39-month period in the event he/she fails to complete the probationary period in the new position. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 7/5/12) California School Employees Association (source) American Federation of State, County and Municipal Employees California Federation of Teachers California Labor Federation California Professional Firefighters Laborers' Local 777 ARGUMENTS IN SUPPORT : According to supporters, "In a recent appellate court decision, CSEA v. The Governing Board of the Eastside Union High School District (2011) 193 Cal.App.4th 540, the court held that a classified employee who has attained permanent status in a classification with the school district, but who has been laid off and reemployed in a different lower position, does not have permanent status with the district. The court held that permanent status is attained in a position or class: when a permanent employee on a reemployment list is reemployed in a new position in which the employee did not attain permanence, the employee is a probationary employee with no right to notice or hearing before he or she is terminated. As a result of the decision in the Eastside case, a district may require an employee to service a probationary period, and may release the employee from probation without affording the employee due process rights that permanent classified employees have. Districts may also attempt to use this case in other situations, such as those where employees take a voluntary demotion in lieu of layoff to a position not previously held. Accordingly, this bill is necessary to protect the rights of classified employees who have attained permanent status within a district by clarifying when such status is attained." CONTINUED AB 2307 Page 3 ASSEMBLY FLOOR : 46-27, 5/17/12 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Ma, Mendoza, Mitchell, Monning, Pan, Portantino, Solorio, Swanson, Torres, Wieckowski, Williams, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman, Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Chesbro, Fletcher, Bonnie Lowenthal, Perea, V. Manuel Pérez, Skinner, Yamada PQ:m 7/5/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED