BILL ANALYSIS                                                                                                                                                                                                    Ó






                          SENATE COMMITTEE ON EDUCATION
                                 Carol Liu, Chair
                            2013-2014 Regular Session
                                         

          BILL NO:       SB 546
          AUTHOR:        Wright
          INTRODUCED:    February 22, 2013
          FISCAL COMM:   No             HEARING DATE:  May 8, 2013
          URGENCY:       No             CONSULTANT:Lenin Del Castillo

           SUBJECT  :  Education Employment Notices.
          
           SUMMARY   

          This bill renames the documents that are required during  
          layoff proceedings for school district employees.  

           BACKGROUND 

          Existing law requires school districts to provide preliminary  
          notification that his or her services will not be required  
          for the ensuing year no later than March 15th and final  
          notification for termination of his or her services by May  
          15th.  The "reductions in force" process begins when a school  
          district issues an "accusation" to an employee, also known as  
          a pink slip.  If the employee wants to challenge the layoff  
          notice, the employee must file a "notice of defense."   
          (Education Code § 44949 and Chapter 5 of Title 2 of Division  
          3 of the Government Code (commencing with § 11500))  

          Existing law allows employees that receive a preliminary  
          layoff notice to request a hearing to determine if there is  
          cause for not reemploying him or her for the ensuing year.   
          The hearing shall be conducted by an administrative law judge  
          who shall prepare a proposed decision, containing findings of  
          fact and a determination as to whether the charges sustained  
          by the evidence are related to the welfare of the schools and  
          students.  Copies of the proposed decision, which is not  
          binding on the governing board, shall be submitted to the  
          governing board and to the employee on or before May 7th.    

           ANALYSIS  

           This bill:

           1)    Changes the names of the following documents that are  



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               required during employee layoff proceedings:

               a         "Notice of defense" to "notice of  
                    participation." 

                  b)        "Accusation" to "District Statement of  
                    Reduction in Force." 

          1)   Provides that in a hearing involving a reduction in  
               force, a "District Statement of Reduction in Force"  
               shall have the same meaning as an "accusation" and  
               specifies that if conflicts exist as a result of the  
               characterization of an "accusation" as an "District  
               Statement of Reduction in Force," all provisions of the  
               Education Code shall prevail over conflicting  
               provisions, as specified.  The respondent's responsive  
               pleading shall be entitled "Notice of Participation in  
               Reduction in Force Hearing."

           STAFF COMMENTS  

           1)   Need for the bill  .  According to the author's office,  
               over the past several years school districts have  
               experienced budget cuts and as a result, have had to  
               make reductions in the teacher workforce.  The forms  
               currently required for school districts during layoff  
               proceedings have titles that may be inappropriate for  
               certificated employees who are losing their jobs due to  
               budget cuts or lack of school funding.  According to the  
               author's office, employees that receive their pink slips  
               or "accusations" may believe they are losing their jobs  
               because they have committed some type of offense.  SB  
               546 would re-label these documents with more appropriate  
               titles and replace "notice of defense" with "notice of  
               participation" and "accusation" with "district statement  
               of reduction in force."
                  
           2)   Related legislation  .

               SB 559 (Huff) makes various changes to the statutes  
               governing staffing notification deadlines pertaining to  
               layoffs for certificated employees.  SB 559 is pending  
               before this Committee.  

           SUPPORT
           
          Los Angeles Unified School District (sponsor)



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          California Teachers Association

           OPPOSITION
           
          None on file.