BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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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