BILL ANALYSIS Ó
AB 2307
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2307 (Butler)
As Amended July 5, 2012
Majority vote
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|ASSEMBLY: |46-27|(May 17, 2012) |SENATE: |22-14|(August 20, |
| | | | | |2012) |
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Original Committee Reference: P.E.,R. & S.S.
SUMMARY : 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.
The Senate amendments narrowed the provisions of the bill to
only require 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.
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 one year, in a classification.
AS PASSED BY THE ASSEMBLY, this bill revised "permanent" as used
in the phrase "permanent employee" to mean a classified school
employee who has served a prescribed period of probation with
the school employer regardless of the classification and
specified that a permanent employee who is placed on a
reemployment list and subsequently reemployed by the same
district, remains a permanent employee regardless of the
classification.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to supporters, "The state's fiscal crisis
AB 2307
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and the resulting budget reductions in school and community
college districts has had a significant, if not
disproportionate, impact on classified employees. Nearly 30,000
classified employees have been laid off for lack of work or lack
of funds as districts have reduced or eliminated positions and
services.
"Current law specifies that classified employees who are laid
off are eligible for reemployment for a period of 39 months and
must be reemployed in preference to new applicants.
Unfortunately, a California Court of Appeal ruled that the
permanent status of a classified employee in a non-merit system
district is restricted to the position or class in which
permanency is attained, thus determining that classified
employee protections, including re-employment and due process
rights, are limited to positions and classifications previously
held."
Supporters conclude, "While some districts return employees who
do not successfully complete their probation in the new position
to the 39-month reemployment list, the practice is not
consistent across districts. Laid-off employees who are
reemployed in a position for which they had not previously
attained permanent status should not be at risk of being
outright dismissed by the district for failing to complete a
probationary period and should have the right to be returned to
the district's reemployment list."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957
FN: 0004490