BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 546|
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UNFINISHED BUSINESS
Bill No: SB 546
Author: Wright (D)
Amended: 6/19/13
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 5/8/13
AYES: Liu, Wyland, Block, Hancock, Hueso, Huff, Jackson,
Monning
NO VOTE RECORDED: Correa
SENATE FLOOR : 37-0, 5/16/13 (Consent)
AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella,
Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller,
Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff,
Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen,
Padilla, Pavley, Roth, Steinberg, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Price, Vacancy, Vacancy
ASSEMBLY FLOOR : 74-0, 6/25/13 (Consent) - See last page for
vote
SUBJECT : Education employment: termination: hearing
SOURCE : Los Angeles Unified School District
DIGEST : This bill renames, for purposes of the school
district reduction in force process, the accusation" document a
"District Statement of Reduction in Force" and renames the
"notice of defense" document the "Notice of Participation," as
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specified.
Assembly Amendments delete provisions which specify 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.
ANALYSIS : Existing law requires school districts to provide
preliminary notification to district employees that his/her
services will not be required for the ensuing year no later than
March 15th and final notification for termination of his/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."
Existing law allows employees that receive a preliminary layoff
notice to request a hearing to determine if there is cause for
not reemploying him/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
school district governing board (SDGB), shall be submitted to
the SDGB and to the employee on or before May 7th.
This bill:
1. Changes the names of the following documents that are
required during employee layoff proceedings:
A. "Notice of defense" to "notice of participation."
B. "Accusation" to "District Statement of Reduction in
Force."
2. Specifies that in a hearing involving a reduction in force, a
"District Statement of Reduction in Force" shall have the
same meaning as an "accusation." The respondent's responsive
pleading shall be entitled "Notice of Participation in
Reduction in Force Hearing."
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3. Specifies for hearings involving a reduction in force that
are conducted, a "Notice of Participation" shall have the
same meaning as a "Notice of Defense."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/24/13)
Los Angeles Unified School District (source)
California Teachers Association
ARGUMENTS IN SUPPORT : 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. This bill re-labels
these documents with more appropriate titles and replace "notice
of defense" with "notice of participation" and "accusation" with
"district statement of reduction in force."
ASSEMBLY FLOOR : 74-0, 6/25/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, V. Manuel Pérez, Quirk,
Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
Pérez
NO VOTE RECORDED: Harkey, Logue, Lowenthal, Morrell, Perea,
Vacancy
PQ:d 6/26/13 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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