Amended in Senate January 8, 2014

Senate Bill No. 559

Introduced by Senator Huff

February 22, 2013

An act to amend Sections begin delete 44949 end delete begin insert 1296, 44929.21, 44949, end insert and 44955 of the Education Code, begin insert and to amend Section 3543.2 of the Government Code, end insert relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

SB 559, as amended, Huff. Certificated employees: layoff notices.

begin delete

Existing

end delete

begin insert (1) end insert begin insert   end insert begin insert Existing end insert law begin delete requires that, when end delete begin insert requires the superintendent of a school district, if end insert a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, begin insert to give written notice, by no later than March 15, to the governing board of the school district and the employee that it has been recommended that a notice of termination be given to the employee. Existing law requires, if an employee requests a hearing to oppose a termination pursuant to these provisions, that a copy of the proposed decision be provided to the employee on or before May 7. Existing law further requires end insert the notice of termination begin delete of the services of an employee in the subsequent school year end delete be given to the employee before May 15. begin delete Existing law further requires the superintendent of the school district to give written notice, no later than March 15, to the governing board of the school district and the employee that it has been recommended that the notice of termination described above be given to the employee. end delete

This bill would begin delete revise the deadline for the notice of termination of services to the employee to before August 1, and would revise the deadline for the notice the superintendent of a school district is required to provide to no later than June 1. The bill end delete begin insert delay these deadlines to May 15 end insert begin insert , June 7 end insert begin insert , and June 15 end insert begin insert , respectively, and end insert would make various findings and declarations relating to the issuance of begin delete the end delete begin insert these end insert notices begin delete specified above end delete .

begin insert

(2) Existing law gives public school employee organizations the right to represent their members in their employment relations with public school employers, and limits the scope of representation to matters relating to wages, hours of employment, and other terms and conditions of employment, as defined. Existing law requires the public school employer and the exclusive representative, upon request of either party, to meet and negotiate regarding the procedures and criteria for reduction in workforce, but provides statutory procedures and criteria to apply if the public school employer and the exclusive representative do not reach a mutual agreement.

end insert begin insert

This bill would require the public school employer and the exclusive representative, upon request of the public school employer, to also meet and negotiate regarding the revised deadlines described above.

end insert begin insert

(3) Existing law provides that, after a certificated employee of a school district or a county superintendent of schools with an average daily attendance of 250 or more completes 2 consecutive years of employment and is reelected for the next succeeding school year to a position requiring certification, the employee becomes and is classified as a permanent employee of the school district or county superintendent. Existing law requires the governing board of a school district or county superintendent to notify the employee on or before March 15 of the employee’s 2nd year of probation of the decision of the governing board or school district to reelect or not reelect the employee for the next succeeding school year to the position.

end insert begin insert

This bill would delay this deadline to May 15. The bill would also delete obsolete provisions, update references, and make nonsubstantive and conforming changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

begin delete

(a)Each

end delete

begin insert (a) end insert begin insert   end insert begin insert Each end insert year, the May begin delete revision end delete begin insert Revision end insert of the proposed state
budget, and the annual Budget Act, provide more predictive
information for purposes of the district’s budgetary and personnel
decisions than the January budget proposed by the Governor.

(b) Existing law requires school districts to issue preliminary
reduction in force notices by March 15 and final reduction in force
notices by May 15 of each year.

(c) As a result of this existing law and in order to guarantee that
begin delete it end delete begin insert they end insert will remain fiscally solvent, school districts have relied on
the January budget proposed by the Governor to determine the
number of layoff notices that begin delete it end delete begin insert they end insert must give to begin delete its end delete begin insert their end insert
employees. This results in thousands of teachers receiving notices
that are later rescinded when more accurate information is available
in May when the proposed budget is revised and later when the
annual Budget Act is enacted.

(d) According to the Legislative begin delete Analyst end delete begin insert Analyst’s end insert Office, this
practice unnecessarily costs taxpayers $706 per teacher, amounting
to millions of dollars annually that could be spent in the classroom
and employing teachers.

(e) Given the evidence that the existing statutory deadlines hurt
schools across the begin delete State of California, end delete begin insert state, end insert it will be more
productive for the schools, pupils, and teachers if the deadlines
for giving notice to certificated employees that the school district
may terminate their services are begin delete extended by two and one-half
months. end delete begin insert appropriately extended. end insert

begin delete

SEC. 2.  

Section 44949 of the Education Code is amended to
read:

44949.  

(a) (1) No later than June 1 and before an employee
is given notice by the governing board that his or her services will
not be required for the ensuing year for the reasons specified in
Section 44955, the governing board and the employee shall be
given written notice by the superintendent of the district or his or
her designee, or in the case of a district that has no superintendent
by the clerk or secretary of the governing board, that it has been
recommended that the notice be given to the employee, and stating
the reasons for the notice.

(2) Until the employee has requested a hearing as provided in
subdivision (b) or has waived his or her right to a hearing, the
notice and the reasons for the notice shall be confidential and shall
not be divulged by any person, except as may be necessary in the
performance of duties. However, a violation of this requirement
of confidentiality, in and of itself, shall not in any manner be
construed as affecting the validity of any hearing conducted
pursuant to this section.

(b) The employee may request a hearing to determine if there
is cause for not reemploying him or her for the ensuing year. A
request for a hearing shall be in writing and shall be delivered to
the person who sent the notice pursuant to subdivision (a), on or
before a date specified in that subdivision, which shall not be less
than seven days after the date on which the notice is served upon
the employee. If an employee fails to request a hearing on or before
the date specified, his or her failure to do so shall constitute his or
her waiver of his or her right to a hearing. The notice provided for
in subdivision (a) shall advise the employee of the provisions of
this subdivision.

(c) If a hearing is requested by the employee, the proceeding
shall be conducted and a decision made in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code and the governing board shall
have all the power granted to an agency therein, except that all of
the following shall apply:

(1) The respondent shall file his or her notice of defense, if any,
within five days after service upon him or her of the accusation
and he or she shall be notified of this five-day period for filing in
the accusation.

(2) The discovery authorized by Section 11507.6 of the
Government Code shall be available only if request is made
therefor within 15 days after service of the accusation, and the
notice required by Section 11505 of the Government Code shall
so indicate.

(3) 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 the pupils
thereof. The proposed decision shall be prepared for the governing
board and shall contain a determination as to the sufficiency of
the cause and a recommendation as to disposition. However, the
governing board shall make the final determination as to the
sufficiency of the cause and disposition. None of the findings,
recommendations, or determinations contained in the proposed
decision prepared by the administrative law judge shall be binding
on the governing board. Nonsubstantive procedural errors
committed by the school district or governing board of the school
district shall not constitute cause for dismissing the charges unless
the errors are prejudicial errors. Copies of the proposed decision
shall be submitted to the governing board and to the employee on
or before July 24 of the year in which the proceeding is
commenced. All expenses of the hearing, including the cost of the
administrative law judge, shall be paid by the governing board
from the district funds.

The board, from time to time, may adopt rules and procedures
consistent with this section as may be necessary to effectuate this
section.

(d) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.

(e) If after request for hearing pursuant to subdivision (b) any
continuance is granted pursuant to Section 11524 of the
Government Code, the dates prescribed in subdivision (c) that
occur on or after the date of granting the continuance and the date
prescribed in subdivision (c) of Section 44955 that occurs after
the date of granting the continuance shall be extended for a period
of time equal to the continuance.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1296 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

begin delete

1296.  

(a) If the average daily attendance of the schools and
classes maintained by a county superintendent of schools is 250
or more, each person who, after being employed for three complete
consecutive school years by the superintendent in a teaching
position in those schools or classes requiring certification
qualifications and whose salary is paid from the county school
service fund, is reelected for the next succeeding school year to
such a position in those schools or classes, shall be classified as
and become a permanent employee of the county superintendent
of schools.

Such an employee shall have the same rights and duties as
employees of school districts to which Section 44882 applies.
Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable
to these employees.

This subdivision shall apply only to probationary employees
whose probationary period commenced prior to the 1983-84 fiscal
year.

(b)

end delete

begin insert

begin insert 1296. end insert   

end insert

begin insert (a) end insert begin insert   end insert If the average daily attendance of the schools and
classes maintained by a county superintendent of schools is 250
or more, each person who, after being employed for two complete
consecutive school years by the begin insert county end insert superintendent begin insert of schools end insert
in a teaching position in those schools or classes requiring
certification qualifications and whose salary is paid from the county
school service fund, is reelected for the next succeeding school
year to such a position in those schools or classes, shall be
classified as and become a permanent employee of the county
superintendent of schools.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert county superintendent of schools shall notify the
employee, on or before begin delete March end delete begin insert May end insert 15 of the employee’s second
complete consecutive year of employment by the begin insert county end insert
superintendent begin insert of schools end insert in a teaching position in schools or
classes maintained by the begin insert county end insert superintendent begin insert of schools end insert
requiring certification qualifications, of the decision to reelect or
not reelect the employee for the next succeeding school year to
such a position in those schools. begin delete In the event that end delete begin insert If end insert the county
superintendent begin insert of schools end insert does not give notice pursuant to this
section on or before begin delete March end delete begin insert May end insert 15, the employee shall be deemed
reelected for the next succeeding school year.

begin delete

Such an

end delete

begin insert (c) end insert begin insert   end insert begin insert An end insert employee begin insert described in subdivision (a) end insert shall have the
same rights and duties as employees of school districts to which
Section begin delete 44882 end delete begin insert 44929.21 end insert applies. Sections begin delete 44841, end delete 44842, begin delete 44882, end delete
begin insert 44929.21, end insert 44948.3, and 44948.5 are applicable to these employees.

begin delete

This subdivision shall apply only to probationary employees
whose probationary period commenced during the 1983-84 fiscal
year or any fiscal year thereafter.

end delete begin delete

(c)

end delete

begin insert (d) end insert  As used in this section, “teaching position” means any
certificated position designated as of January 1, 1983, by the county
board of education or the county superintendent of schools as a
teaching position for the purpose of granting probationary or
permanent status.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 44929.21 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

begin delete

44929.21.  

(a) Every employee of a school district of any type
or class having an average daily attendance of 250 or more who,
after having been employed by the district for three complete
consecutive school years in a position or positions requiring
certification qualifications, is reelected for the next succeeding
school year to a position requiring certification qualifications shall,
at the commencement of the succeeding school year be classified
as and become a permanent employee of the district.

This subdivision shall apply only to probationary employees
whose probationary period commenced prior to the 1983-84 fiscal
year.

(b) Every

end delete

begin insert

begin insert 44929.21. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert An end insert employee of a school district of any type or
class having an average daily attendance of 250 or more who, after
having been employed by the district for two complete consecutive
school years in a position or positions requiring certification
qualifications, is reelected for the next succeeding school year to
a position requiring certification qualifications shall, at the
commencement of the succeeding school year be classified as and
become a permanent employee of the begin insert school end insert district.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert governing board begin insert of the school district end insert shall notify the
employee, on or before begin delete March end delete begin insert May end insert 15 of the employee’s second
complete consecutive school year of employment by the begin insert school end insert
district in a position or positions requiring certification
qualifications, of the decision to reelect or not reelect the employee
for the next succeeding school year to the position. In the event
that the governing board begin insert of the school district end insert does not give notice
pursuant to this section on or before begin delete March end delete begin insert May end insert 15, the employee
shall be deemed reelected for the next succeeding school year.

begin delete

This subdivision shall apply only to probationary employees
whose probationary period commenced during the 1983-84 fiscal
year or any fiscal year thereafter.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 44949 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44949.  

(a) (1) No later than begin delete March end delete begin insert May end insert 15 and before an
employee is given notice by the governing board begin insert of the school
district end insert that his or her services will not be required for the ensuing
year for the reasons specified in Section 44955, the governing
board begin insert of the school district end insert and the employee shall be given written
notice by the superintendent of the begin insert school end insert district or his or her
designee, or in the case of a school district that has no
superintendent by the clerk or secretary of the governing begin delete board, end delete
begin insert board of the school district, end insert that it has been recommended that the
notice be given to the employee, and stating the reasons therefor.

(2) Until the employee has requested a hearing as provided in
subdivision (b) or has waived his or her right to a hearing, the
notice and the reasons therefor shall be confidential and shall not
be divulged by any person, except as may be necessary in the
performance of duties. However, begin delete the end delete begin insert a end insert violation of this requirement
of confidentiality, in and of itself, shall not in any manner be
construed as affecting the validity of any hearing conducted
pursuant to this section.

(b) The employee may request a hearing to determine if there
is cause for not reemploying him or her for the ensuing year. A
request for a hearing shall be in writing and shall be delivered to
the person who sent the notice pursuant to subdivision (a), on or
before a date specified in that subdivision, which shall not be less
than seven days after the date on which the notice is served upon
the employee. If an employee fails to request a hearing on or before
the date specified, his or her failure to do so shall constitute his or
her waiver of his or her right to a hearing. The notice provided for
in subdivision (a) shall advise the employee of the provisions of
this subdivision.

(c) If a hearing is requested by the employee, the proceeding
shall be conducted and a decision made in accordance with Chapter
5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code and the governing board begin insert of the
school district end insert shall have all the power granted to an agency in
that chapter, except that all of the following shall apply:

(1) The respondent shall file his or her notice of begin delete participation, end delete
begin insert defense, end insert if any, within five days after service upon him or her of
the begin delete District Statement of Reduction in Force end delete begin insert accusation end insert and he or
she shall be notified of this five-day period for filing in the begin delete District
Statement of Reduction in Force. end delete begin insert accusation. end insert

(2) The discovery authorized by Section 11507.6 of the
Government Code shall be available only if request is made
therefor within 15 days after service of the begin delete District Statement of
Reduction in Force, end delete begin insert accusation, end insert and the notice required by Section
11505 of the Government Code shall so indicate.

(3) 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 the pupils
of the schools. The proposed decision shall be prepared for the
governing board begin insert of the school district end insert and shall contain a
determination as to the sufficiency of the cause and a
recommendation as to disposition. However, the governing board
begin insert of the school district end insert shall make the final determination as to the
sufficiency of the cause and disposition. None of the findings,
recommendations, or determinations contained in the proposed
decision prepared by the administrative law judge shall be binding
on the governing begin delete board. end delete begin insert board of the school district. end insert
Nonsubstantive procedural errors committed by the school district
or governing board of the school district shall not constitute cause
for dismissing the charges unless the errors are prejudicial errors.
Copies of the proposed decision shall be submitted to the governing
board begin insert of the school district end insert and to the employee on or before begin delete May end delete
begin insert June end insert 7 of the year in which the proceeding is commenced. All
expenses of the hearing, including the cost of the administrative
law judge, shall be paid by the governing board begin insert of the school
district end insert from the begin insert school end insert district funds.

(d) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.

(e) If after a request for begin insert a end insert hearing pursuant to subdivision (b) a
continuance is granted pursuant to Section 11524 of the
Government Code, the dates prescribed in subdivision (c) that
occur on or after the date of granting the continuance and the date
prescribed in subdivision (c) of Section 44955 that occurs after
the date of granting the continuance shall be extended for a period
of time equal to the continuance.

(f) The governing board begin insert of a school district end insert may adopt from
time to time rules and procedures not inconsistent with this section
as may be necessary to effectuate this section.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 44955 of the Education Code is amended to
read:

44955.  

(a) No permanent employee shall be deprived of his
or her position for causes other than those specified in Sections
44907 and 44923, and Sections 44932 to 44947, inclusive, and no
probationary employee shall be deprived of his or her position for
cause other than as specified in Sections 44948 to 44949, inclusive.

(b) (1)  begin delete Whenever end delete begin insert If end insert in any school year the average daily
attendance in all of the schools of a begin insert school end insert district for the first six
months in which school is in session shall have declined below
the corresponding period of either of the previous two school years,
begin delete whenever end delete begin insert if end insert the governing board begin insert of a school district end insert determines
that attendance in begin delete a end delete begin insert the school end insert district will decline in the following
year as a result of the termination of an interdistrict education
agreement as set forth in Section 46304, begin delete whenever end delete begin insert if end insert a particular
kind of service is to be reduced or discontinued not later than the
beginning of the following school year, or begin delete whenever end delete begin insert if end insert the
amendment of state law requires the modification of curriculum,
and when in the opinion of the governing board of begin delete the end delete begin insert a school end insert
district it shall have become necessary by reason of any of these
conditions to decrease the number of permanent employees in the
begin insert school end insert district, the governing board begin insert of the school district end insert may
terminate the services of not more than a corresponding percentage
of the certificated employees of the begin insert school end insert district, permanent as
well as probationary, at the close of the school year. Except as
otherwise provided by statute, the services of a permanent
employee shall not be terminated under this section while any
probationary employee, or any other employee with less seniority,
is retained to render a service that the permanent employee is
certificated and competent to render.

(2) In computing a decline in average daily attendance for
purposes of this section for a newly formed or reorganized school
district, each school of the begin insert school end insert district shall be deemed to have
been a school of the newly formed or reorganized begin insert school end insert district
for both of the two previous school years.

(3) As between employees who first rendered paid service to
the school district on the same date, the governing board begin insert of the
school district end insert shall determine the order of termination solely on
the basis of needs of the school district and the pupils of the begin insert school end insert
district. Upon the request of an employee whose order of
termination is determined, the governing board begin insert of the school district end insert
shall furnish in writing no later than five days begin delete prior to end delete begin insert before end insert the
commencement of the hearing held in accordance with Section
44949 a statement of the specific criteria used in determining the
order of termination and the application of the criteria in ranking
each employee relative to the other employees in the group. This
requirement that the governing board begin insert of the school district end insert provide,
on request, a written statement of reasons for determining the order
of termination shall not be interpreted to give affected employees
any legal right or interest that would not exist without that
requirement.

(c) (1) Notice of termination of services shall be given before
begin delete August 1 end delete begin insert June 15 end insert in the manner prescribed in Section 44949, and
services of those employees shall be terminated in the inverse of
the order in which they were employed, as determined by the
begin insert governing end insert board begin insert of the school district end insert in accordance with Sections
44844 and 44845. If a permanent or probationary employee is not
given the notices and a right to a hearing as provided for in Section
44949, he or she shall be deemed reemployed for the ensuing
school year.

(2) The governing board begin insert of a school district end insert shall make
assignments and reassignments in such a manner that employees
shall be retained to render any service that their seniority and
qualifications entitle them to render. However, begin delete prior to end delete begin insert before end insert
assigning or reassigning begin delete any end delete begin insert a end insert certificated employee to teach a
subject that he or she has not previously taught, and for which he
or she does not have a teaching credential or that is not within the
employee’s major area of postsecondary study or the equivalent
thereof, the governing board begin insert of the school district end insert shall require the
employee to pass a subject matter competency test in the
appropriate subject.

(d) Notwithstanding subdivision (b), a school district may
deviate from terminating a certificated employee in order of
seniority for either of the following reasons:

(1) The begin insert school end insert district demonstrates a specific need for personnel
to teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
certificated employee has special training and experience necessary
to teach that course or course of study or to provide those services,
which others with more seniority do not possess.

(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 3543.2 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

3543.2.  

(a) The scope of representation shall be limited to
matters relating to wages, hours of employment, and other terms
and conditions of employment. “Terms and conditions of
employment” mean health and welfare benefits as defined by
Section 53200, leave, transfer and reassignment policies, safety
conditions of employment, class size, procedures to be used for
the evaluation of employees, organizational security pursuant to
Section 3546, procedures for processing grievances pursuant to
Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of
probationary certificated school district employees, pursuant to
Section 44959.5 of the Education Code, and alternative
compensation or benefits for employees adversely affected by
pension limitations pursuant to begin insert former end insert Section 22316 of the
Education Code, begin insert as that section read on December 31, 1999, end insert to
the extent deemed reasonable and without violating the intent and
purposes of Section 415 of the Internal Revenue Code. In addition,
the exclusive representative of certificated personnel has the right
to consult on the definition of educational objectives, the
determination of the content of courses and curriculum, and the
selection of textbooks to the extent such matters are within the
discretion of the public school employer under the law. All matters
not specifically enumerated are reserved to the public school
employer and may not be a subject of meeting and negotiating,
provided that nothing herein may be construed to limit the right
of the public school employer to consult with any employees or
employee organization on any matter outside the scope of
representation.

(b) Notwithstanding Section 44944 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding causes
and procedures for disciplinary action, other than dismissal,
including a suspension of pay for up to 15 days, affecting
certificated employees. If the public school employer and the
exclusive representative do not reach mutual agreement, then begin delete the
provisions of end delete Section 44944 of the Education Code shall apply.

(c) Notwithstanding Section 44955 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding
procedures and criteria for the layoff of certificated employees for
lack of funds. If the public school employer and the exclusive
representative do not reach mutual agreement, then begin delete the provisions
of end delete Section 44955 of the Education Code shall apply.

begin insert

(d) Notwithstanding Sections 44949 and 44955 of the Education
Code, the public school employer and the exclusive representative
shall, upon request of the public school employer, meet and
negotiate regarding changes to the deadlines for actions specified
in Sections 44949 and 44955. If the public school employer and
the exclusive representative do not reach a mutual agreement,
then Sections 44949 and 44955 of the Education Code shall apply.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Notwithstanding Section 45028 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding the
payment of additional compensation based upon criteria other than
years of training and years of experience. If the public school
employer and the exclusive representative do not reach mutual
agreement, then begin delete the provisions of end delete Section 45028 of the Education
Code shall apply.

begin delete

(e)

end delete

begin insert (f) end insert  Pursuant to Section 45028 of the Education Code, the public
school employer and the exclusive representative shall, upon the
request of either party, meet and negotiate a salary schedule based
on criteria other than a uniform allowance for years of training
and years of experience. If the public school employer and the
exclusive representative do not reach mutual agreement, then begin delete the
provisions of end delete Section 45028 of the Education Code requiring a
salary schedule based upon a uniform allowance for years of
training and years of experience shall apply. A salary schedule
established pursuant to this subdivision shall not result in the
reduction of the salary of any teacher.