BILL ANALYSIS Ó
SB 546
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Date of Hearing: June 12, 2013
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
SB 546 (Wright) - As Introduced: February 22, 2013
SENATE VOTE : 37-0
SUBJECT : Education employment: termination: hearing.
SUMMARY : Renames, for purposes of the school district reduction
in force (RIF) process, the "accusation" document a "District
Statement of Reduction in Force" and renames the "notice of
defense" document the "Notice of Participation," as specified.
Specifically, this bill :
1)Deletes references to "accusation" and instead renames the
document a "District Statement of Reduction in Force."
2)Deletes references to "notice of defense" and instead renames
the document "Notice of Participation."
3)Specifies that in a hearing involving a reduction in force
that is conducted pursuant to Section 44949 of the Education
Code, the hearing shall be initiated by filing a "District
Statement of Reduction in Force." For purposes of this
chapter, a "District Statement of Reduction in Force" shall
have the same meaning as an "accusation." However, if
conflicts exist as a result of the characterization of an
"accusation" as a "District Statement of Reduction in Force,"
all provisions of the Education Code, including, but not
limited to, Section 44949, shall prevail over conflicting
provisions in this chapter. Respondent's responsive pleading
shall be entitled "Notice of Participation in Reduction in
Force Hearing."
4)Specifies for hearings involving a reduction in force that are
conducted pursuant to Section 44949 of the Education Code, a
"Notice of Participation" shall have the same meaning as a
"Notice of Defense." However, if conflicts exist as a result
of the characterization of the "Notice of Participation" as a
"Notice of Defense," all provisions of the Education Code,
including, but not limited to, Section 44949, shall prevail
over conflicting provisions in this chapter.
SB 546
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EXISTING LAW :
1)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. Specifies the
"reductions in force" process begins when a school district
issues an "accusation" to an employee, also known as a pink
slip. Specifies that 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))
2)Authorizes 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. Specifies 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. Specifies that 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.
FISCAL EFFECT : This bill is keyed non-fiscal.
COMMENTS : This bill renames terms used in a school district
reduction in force (RIF) process. The bill deletes references to
the term "accusation" and instead renames that document a
"district statement of reduction in force." The "accusation" is
the document an employee receives when they are being laid off,
otherwise called a "pink slip." The bill also deletes
references to the "notice of defense" and renames that document
a "notice of participation." This document is used by an
employee to notify a district that the employee would like to
participate in the RIF hearing process.
According to the author, over the past several years, school
districts have been confronted with budget cuts and declining
enrollment. One of the difficult decisions school districts
have had to make is reductions in the teacher workforce through
layoffs, or RIFs. The Government Code dictates the RIF process
that school districts must follow, including the forms that must
be used in layoffs. These forms currently have inflammatory
SB 546
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titles that are inappropriate for individuals who are losing
their jobs for no other reason other than lack of school
funding. Under current law, certificated employees that receive
their pink slips called "accusations" often believe they are
losing their jobs because they have committed some type of
offense. If the employee wishes to challenge the layoff notice,
the employee must file a "Notice of Defense." SB 546 is a
simple bill that would re-label the statutory-required documents
in a school district's layoff process. The initial pink slip
would be called a "District Statement of Reduction in Force"
instead of the current "accusation." The employee's appeal
would be captured in a "Notice of Participation" instead of the
current "Notice of Defense."
Potential Conflicts : This bill includes language that specifies
that if references to a "district statement of reduction in
force" or references to a "notice of defense" create conflicts
with other sections of law, the Education code shall prevail.
The committee should consider whether it is appropriate for the
Education Code to prevail over the Government Code in that
situation; whether the Government Code should prevail over the
Education Code; or, whether it is appropriate to have either
code prevail. The committee should also consider whether to
delete this language.
Committee Amendment : Staff recommends the bill be amended to
delete the following provisions:
1)Government Code 11503 (b): "However, 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, including, but not limited to, Section
44949, shall prevail over conflicting provisions in this
chapter."
2)Government Code 11505 (d): "However, if conflicts exist as a
result of the characterization of the "Notice of
Participation" as a "Notice of Defense," all provisions of the
Education Code, including, but not limited to, Section 44949,
shall prevail over conflicting provisions in this chapter."
REGISTERED SUPPORT / OPPOSITION :
Support
California Teachers Association
SB 546
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Opposition
None on file.
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087