California Legislature—2015–16 Regular Session

Assembly Bill No. 1044

Introduced by Assembly Member Baker

(Coauthors: Assembly Members Travis Allen, Bigelow, Chang, Beth Gaines, Grove, Hadley, Harper, Kim, Lackey, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, and Wilk)

February 26, 2015

An act to amend and repeal Sections 44955, 44955.5, 44956, 44956.5, 44957, 44958, 44959, and 44959.5 of, and to add Section 45000 to, the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1044, as introduced, Baker. School employees: reduction in workforce.

(1) Under existing law, when school employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons.

This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019.

(2) Existing law authorizes the governing board of a school district to terminate the services of any permanent or probationary certificated employees of the school district during the time period between 5 days after the enactment of the Budget Act and August 15 of the fiscal year to which the Budget Act applies if the governing board of the school district determines that its total revenue limit per unit of average daily attendance for the fiscal year of that Budget Act has not increased by at least 2%, and if the governing board of the school district determines it is therefore necessary to decrease the number of permanent employees in the school district.

This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019.

(3) Existing law provides that, when the services of permanent or probationary employees are terminated pursuant to a reduction in workforce, those terminated employees have a preferred right to reappointment and an opportunity for substitute service in order of seniority, as specified.

This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019.

(4) Existing law prohibits, for purposes of complying with those procedures, a school district from including time spent employed in an administrative position by a certificated employee, who transfers to a teaching position and who was initially employed in an administrative position on or after July 1, 1983, in determining seniority, except in the case of a schoolsite administrator, as specified.

This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019.

(5) Existing law prohibits a school district from counting as a part of the service required as a condition precedent to the classification of the employee as a permanent employee of the school district the period of absence for certain terminated probationary employees.

This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019.

(6) Existing law extends the effective period of specified rights, and provides additional rights to certain permanent certificated employees, as specified.

This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019.

(7) Existing law provides that certain statutory layoff provisions are inapplicable to certain probationary certificated employees who are covered by a collective agreement which contains provisions for the layoff and reassignment of those employees.

This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019.

(8) This bill would require, by July 1, 2018, each governing board of a school district, in consultation with the exclusive representative of the certificated staff, if any, to adopt policies regarding the dismissal of permanent and probationary employees when a reduction in workforce is required due to declining enrollment or insufficient funding to be used commencing with the 2018-19 school year. The bill would require those adopted policies to include as a significant factor in determining the order of dismissal the evaluation rating of certificated employees, as specified. The bill would permit a school district to deviate from using the evaluation rating of certificated employees as a significant factor in determining the order of dismissal of certificated employees if the school district demonstrates specified conditions. By requiring school districts to perform additional duties, this bill would impose a state-mandated local program. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2016, by a public school employer and an exclusive bargaining representative, the provisions shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.

(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

Section 44955 of the Education Code is amended
to read:

44955.  

(a)  begin delete No end delete begin insert A end insert permanent employee shall begin insert not end insert 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 begin delete no end delete begin insert a end insert probationary employee shall begin insert not end insert be deprived of his or
her position for cause other than as specified in Sections 44948 to
44949, inclusive.

(b)  begin delete Whenever end delete begin insert (1) end insert begin insert   end insert begin insert If end insert in begin delete any end delete begin insert a end insert school year the average daily
attendance in all of the schools of a begin insert school end insert district for the first six
months begin delete in which end delete begin insert that end insert 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 a begin insert school end insert district will decline in the following
year as a result of the termination of an interdistrict tuition
agreement as begin delete defined end delete begin insert described end insert 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 begin delete when in the opinion of end delete begin insert if end insert the governing board of the begin insert school end insert
district begin insert determines end insert it begin delete shall have become end delete 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 begin delete no end delete begin insert a end insert permanent employee begin delete may end delete begin insert shall not end insert be terminated
under begin delete the provisions of end delete this section while begin delete any end delete begin insert a end insert probationary
employee, or any other employee with less seniority, is retained
to render a service begin delete which said end delete begin insert that the end insert permanent employee is
certificated and competent to render.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert computing a decline in average daily attendance for
purposes of this begin delete section end delete begin insert subdivision end insert 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.

begin delete

As

end delete

begin insert (3) end insert begin insert   end insert begin insert As end insert between employees who first rendered paid service to
the begin insert school end insert 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 begin insert school end insert district and the begin delete students thereof. end delete
begin insert pupils of the school district. end insert Upon the request of begin delete any end delete begin insert an end insert employee
whose order of termination is so determined, the governing board
begin insert of the school district end insert shall furnish in begin delete writing end delete begin insert writing, end insert 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. begin delete This end delete begin insert The end insert 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 begin delete such a end delete begin insert the end insert requirement.

(c)  begin insert (1) end insert begin insert   end insert Notice of begin delete such end delete begin insert the end insert termination of services shall be given
before begin delete the 15th of May in the manner prescribed in end delete begin insert May 15
pursuant to end insert Section 44949, and services of begin delete such end delete begin insert those end insert 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 the provisions of Sections 44844 and
44845. begin delete In the event that end delete begin insert If end insert 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.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert governing board begin insert of the school district end insert shall make
assignments and reassignments in begin delete such end delete a manner that employees
shall be retained to render any service begin delete which end delete 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 begin delete which end delete begin insert that end insert he or she has not previously taught, and for
which he or she does not have a teaching credential or begin delete which end delete begin insert that end insert
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,
begin delete which end delete begin insert that end insert 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

(e) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 2.  

Section 44955.5 of the Education Code is amended to
read:

44955.5.  

(a) During the time period between five days after
the enactment of the Budget Act and August 15 of the fiscal year
to which that Budget Act applies, if the governing board of a school
district determines that its total revenue limit per unit of average
daily attendance for the fiscal year of that Budget Act has not
increased by at least 2 percent, and if begin delete in the opinion of end delete the
governing board begin insert of the school district determines end insert it is therefore
necessary 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 any permanent or probationary certificated
employees of the begin insert school end insert district, including employees holding a
position that requires an administrative or supervisory credential.
The termination shall be pursuant to Sections 44951 and 44955
but, notwithstanding anything to the contrary in Sections 44951
and 44955, in accordance with a schedule of notice and hearing
adopted by the governing begin delete board. end delete begin insert board of the school district. end insert

begin delete

(b) This section is inoperative from July 1, 2002, to July 1, 2003,
inclusive, and from July 1, 2011, to July 1, 2012, inclusive.

end delete begin insert

(b) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 3.  

Section 44956 of the Education Code is amended to
read:

44956.  

begin delete Any end delete begin insert A end insert permanent employee whose services have been
terminated as provided in Section 44955 shall have the following
rights:

(a) For the period of 39 months from the date of the termination,
begin delete any end delete begin insert an end insert employee who in the meantime has not attained the age of
65 years shall have the preferred right to reappointment, in the
order of original employment as determined by the begin insert governing end insert
board begin insert of the school district end insert in accordance with Sections 44831 to
44855, inclusive, if the number of employees is increased or the
discontinued service is reestablished, with no requirements that
were not imposed upon other employees who continued in service;
provided, that no probationary or other employee with less seniority
shall be employed to render a service that the employee is
certificated and competent to render. However, begin delete prior to end delete begin insert before end insert
reappointing begin delete any end delete begin insert an end insert 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.

(b) The right to reappointment described in subdivision (a) may
be waived by the employee, without prejudice, for not more than
one school year, unless the begin insert governing end insert board begin insert of the school district end insert
extends this right, but the waiver shall not deprive the employee
of his or her right to subsequent offers of reappointment.

(c) Notwithstanding subdivision (a), a school district may
deviate from reappointing 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
employee has special training and experience necessary to teach
that course or course of study, or to provide those services, that
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.

(d) As to begin delete any end delete begin insert an end insert employee who is reappointed, the period of
his or her absence shall be treated as a leave of absence and shall
not be considered as a break in the continuity of his or her service,
he or she shall retain the classification and order of employment
he or she had when his or her services were terminated, and credit
for prior service under any state or begin insert school end insert district retirement system
shall not be affected by begin delete such end delete begin insert the end insert termination, but the period of his
or her absence shall not count as a part of the service required for
retirement.

(e) During the period of his or her preferred right to
reappointment, an employee shall, in the order of original
employment, be offered prior opportunity for substitute service
during the absence of any other employee who has been granted
a leave of absence or who is temporarily absent from duty;
provided, that his or her services may be terminated upon the return
to duty of the other employee and that substitute service shall not
affect the retention of his or her previous classification and rights.
If, in any school year the employee serves as a substitute in any
position requiring certification for 21 days or more within a period
of 60 schooldays, the compensation the employee receives for
substitute service in that 60-day period, including his or her first
20 days of substitute service, shall begin delete be end delete not begin insert be end insert less than the amount
the employee would receive if he or she were being reappointed.

(f) (1) During the period of the employee’s preferred right to
reappointment, the governing board of the begin insert school end insert district, if it is
also the governing board of one or more other begin insert school end insert districts,
may assign him or her to service, which he or she is certificated
and competent to render, in another begin insert school end insert district or districts;
provided, that the compensation he or she receives begin delete therefor end delete begin insert for the
service end insert may, in the discretion of the governing begin delete board, end delete begin insert board of the
school district, end insert be the same as he or she would have received had
he or she been serving in the begin insert school end insert district from which his or her
services were terminated, that his or her service in the other begin insert school end insert
district or districts shall be counted toward the period required for
both state and local retirement as though rendered in the begin insert school end insert
district from which his or her services were terminated, and that
no permanent employee in the other begin insert school end insert district or districts shall
be displaced by him or her.

(2) It is the intent of this subdivision that the employees of a
school district, the governing board of which is also the governing
board of one or more other school districts, shall not be at a
disadvantage as compared with employees of a unified school
district.

(g) At any time begin delete prior to end delete begin insert before end insert the completion of one year after
his or her return to service, he or she may continue or make up,
with interest, his or her own contributions to any state or begin insert school end insert
district retirement begin delete system, end delete begin insert system end insert for the period of his or her
absence, but it shall not be obligatory on begin insert the end insert state or begin insert school end insert district
to match those contributions.

(h) Should he or she become disabled or reach retirement age
at any time before his or her return to service, he or she shall
receive, in any state or begin insert school end insert district retirement system of which
he or she was a member, all benefits to which he or she would
have been entitled had such event occurred at the time of his or
her termination of service, plus any benefits he or she may have
qualified for begin delete thereafter, end delete begin insert after his or her termination of service, end insert as
though still employed.

begin insert

(i) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 4.  

Section 44956.5 of the Education Code is amended to
read:

44956.5.  

begin insert (a) end insert begin insert   end insert For a certificated employee initially employed
in an administrative position on or after July 1, 1983, who transfers
to a teaching position, the period of employment in the
administrative position shall not be included in determining
seniority for purposes of Sections 44955 and 44956, except for
begin delete school site end delete begin insert schoolsite end insert administrators who shall earn up to a
maximum of three years seniority while serving as site
administrators.

begin insert

(b) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 5.  

Section 44957 of the Education Code is amended to
read:

44957.  

begin delete Any end delete begin insert A end insert probationary employee whose services have
been terminated as provided in Section 44955 shall have the
following rights:

(a) For the period of 24 months from the date of begin delete such end delete begin insert the end insert
termination, begin delete any end delete begin insert an end insert employee who in the meantime has not attained
the age of 65 years shall have the preferred right to reappointment,
subject to the prior rights to reappointment by all permanent
employees as set forth in Section 44956, in the order of original
employment as determined by the governing board begin insert of the school
district end insert in accordance with begin delete the provisions of end delete Sections 44831 to
44855, inclusive, if the number of employees is increased or the
discontinued service is reestablished, with no requirements that
were not imposed upon other employees who continued in service.
Except as otherwise provided, begin delete no end delete begin insert a end insert probationary or temporary
employee with less seniority shall begin insert not end insert be employed to render a
service begin delete which such end delete begin insert that the end insert employee is certificated and competent
to render and provided that begin delete such an end delete begin insert the end insert employee shall be given a
priority over employees whose right to a position is derived
pursuant to Section 44918. However, begin delete prior to end delete begin insert before end insert reappointing
begin delete any end delete begin insert an end insert employee to teach a subject begin delete which end delete begin insert that end insert he or she has not
previously taught, and for which he or she does not have a teaching
credential or begin delete which end delete begin insert that end insert 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.

(b) Notwithstanding subdivision (a), a school district may
deviate from reappointing a probationary 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
employee has special training and experience necessary to teach
that course or course of study, or to provide those services, begin delete which end delete
begin insert that end insert 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.

(c) As to begin delete any such end delete begin insert an end insert employee who is reappointed, the period
of his begin insert or her end insert absence shall be treated as a leave of absence and
shall not be considered as a break in the continuity of his begin insert or her end insert
service, he begin insert or she end insert shall retain the classification and order of
employment he begin insert or she end insert had when his begin insert or her end insert services were
terminated, and credit for prior service under any state or begin insert school end insert
district retirement system shall not be affected by begin delete such end delete begin insert the end insert
termination; provided, however, that the period of his begin insert or her end insert
absence shall not be counted as a part of the service required for
attaining permanent status in the begin insert school end insert district or, except as
provided in subdivision (e), for retirement purposes.

(d) During the period of his begin insert or her end insert preferred right to
reappointment, begin delete any such end delete begin insert the end insert employee shall, in the order of original
employment, and subject to the rights of permanent employees as
set forth in Section 44956, be offered prior opportunity for
substitute service during the absence of any other employee who
has been granted leave of absence or who is temporarily absent
from duty; provided, that his begin insert or her end insert services may be terminated
upon a return to duty of begin delete such end delete begin insert the end insert other employee, that such
substitute service shall not affect the retention of his begin insert or her end insert
previous classification and rights, and that such an employee shall
be given a priority over employees whose right to a substitute
position is derived pursuant to Section 44918.

(e) At any time begin delete prior to end delete begin insert before end insert the completion of one year after
his begin insert or her end insert return to service, an employee reappointed under begin delete the
provisions of end delete this section may elect to continue or to reinstate his
begin insert or her end insert membership and interest in any state or begin insert school end insert district
retirement system and to receive retirement benefits as if no
absence from service had occurred. In the event of begin delete such end delete begin insert that end insert
election the employee shall pay into the retirement system the
amount of his begin insert or her end insert share of contribution and the begin insert school end insert district’s
share of contribution attributable to the period of absence and the
amount of any contributions withdrawn, plus interest.

begin insert

(f) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 6.  

Section 44958 of the Education Code is amended to
read:

44958.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert If the services of begin delete any end delete begin insert a end insert probationary employee
are terminated, or if such employee is dismissed, because of a
reduction in the attendance of pupils or the discontinuance of a
particular kind of service, and begin delete such end delete the employee is reemployed
within a period of 39 months from the last day of the school year
within which his begin insert or her end insert service was so terminated, or within 39
months after the cessation of hostilities, if such reduction in
attendance or discontinuance of service was due to war conditions,
the period of his begin insert or her end insert absence shall not count as a part of the
service required as a condition precedent to the classification of
begin delete such end delete begin insert the end insert employee as a permanent employee of the begin insert school end insert district,
but such absence shall not be construed as a break in the continuity
of the service of begin delete such end delete begin insert the end insert employee.

begin delete

Every

end delete

begin insert (2) end insert begin insert   end insert begin insert Every end insert such probationary employee who has been reemployed
as indicated in this section shall have all of the rights enumerated
in Sections 44955 to 44961, inclusive, for permanent employees,
except the right of reappointment, subject only to the prior rights
of permanent employees.

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert provisions of this section shall apply to begin delete any end delete begin insert a end insert
probationary employee who shall be or who shall have been
dismissed or terminated after January 1, 1949, because of reduction
in attendance or discontinuance of a particular kind of service.

begin insert

(b) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 7.  

Section 44959 of the Education Code is amended to
read:

44959.  

begin delete As to any end delete begin insert (a) end insert begin insert   end insert begin insert A end insert permanent certificated employee whose
services have been terminated because of the effect of wars in
which the United States is engaged upon the attendance of pupils
or upon the maintenance of a particular kind of service, the
effective period covered by all rights enumerated in Section 44956
is extended until two years after the cessation of hostilities, and begin delete in
addition thereto for a like end delete begin insert for the same end insert period these employees
shall have the following begin insert additional end insert rights:

begin delete

(a)

end delete

begin insert (1) end insert  He or she may voluntarily accept termination of service in
other than the order of original employment and retain all of the
other rights begin delete herein provided. end delete begin insert provided by this section. end insert

begin delete

(b)

end delete

begin insert (2) end insert  If he or she is engaged in any form of civilian or military
war service, any credential or certificate he or she holds is
continued in full force and effect until 90 days after the termination
of his or her begin delete employment therein. end delete begin insert civilian or military war service. end insert

begin delete

(c)

end delete

begin insert (3) end insert  If, either before or after such termination, he or she engages
in any form of war service for which provision is made in Section
44800 or elsewhere in the laws of this state, he or she shall retain
all rights granted by that war service legislation as though still
employed. However, the right to reappointment shall be in the
order of original employment, as determined in accordance with
begin delete the provisions of end delete Sections 44844 and 44845.

begin insert

(b) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 8.  

Section 44959.5 of the Education Code is amended to
read:

44959.5.  

(a) The layoff provisions of Sections 44955, 44956,
44957, begin delete 44958 end delete begin insert 44958, end insert and 44959 shall not be applicable to
probationary certificated employees who are covered by a
collective agreement begin delete which end delete begin insert that end insert contains provisions for the layoff
and reassignment of begin delete such end delete begin insert those end insert employees.

(b) If layoff proceedings are commenced under procedures
prescribed by any of the sections referred to in subdivision (a),
begin delete such end delete begin insert those end insert proceedings shall continue in accordance with the
statutory procedures, notwithstanding the subsequent adoption of
a collective agreement or the inclusion in the coverage thereof of
employees not so covered at the time begin delete such end delete begin insert those end insert proceedings
commenced.

(c) If layoff proceedings are commenced under a collective
agreement begin delete which end delete begin insert that end insert contains provisions for the layoff of
probationary certificated employees, begin delete such end delete begin insert those end insert proceedings shall
continue in accordance with the agreement, notwithstanding the
subsequent termination of the agreement.

(d) This section shall only apply to a school district in which
the average daily attendance is 400,000 begin insert pupils end insert or more and shall
not be interpreted to apply to the termination of begin delete any end delete begin insert a end insert probationary
certificated employee pursuant to Section 44948 or Section 44949.

begin insert

(e) This section shall become inoperative on July 1, 2018, and,
as of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 9.  

Section 45000 is added to the Education Code, to read:

45000.  

(a) By July 1, 2018, each governing board of a school
district, in consultation with the exclusive representative of the
certificated staff, if any, shall adopt policies regarding the dismissal
of permanent and probationary employees when a reduction in
workforce is required due to declining enrollment or insufficient
funding to be used commencing with the 2018-19 school year.

(b) Policies adopted pursuant to subdivision (a) shall include
as a significant factor in determining the order of dismissal the
evaluation rating of certificated employees pursuant to Section
44664.

(c) A school district may deviate from using the evaluation
rating of certificated employees as a significant factor in
determining the order of dismissal of certificated employees if the
school 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
that others with higher evaluation ratings do not possess.

(d) To the extent that the provisions of this section conflict with
a provision of a collective bargaining agreement entered into by
a public school employer and an exclusive bargaining
representative before January 1, 2016, pursuant to Chapter 10.7
(commencing with Section 3540) of Division 4 of Title 1 of the
Government Code, the provisions of this section shall not apply
to the school district until expiration or renewal of that collective
bargaining agreement.

SEC. 10.  

If the Commission on State Mandates determines
that this act contains costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.