BILL NUMBER: AB 1044 INTRODUCED
BILL TEXT
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) No A permanent employee
shall not 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 a
probationary employee shall not be deprived of his or her
position for cause other than as specified in Sections 44948 to
44949, inclusive.
(b) Whenever (1) If
in any a school year the average
daily attendance in all of the schools of a school
district for the first six months in which
that school is in session shall have declined below the
corresponding period of either of the previous two school years,
whenever if the governing board of
a school district determines that attendance in a school
district will decline in the following year as a result of the
termination of an interdistrict tuition agreement as defined
described in Section 46304, whenever
if a particular kind of service is to be reduced
or discontinued not later than the beginning of the following school
year, or whenever if the amendment of
state law requires the modification of curriculum, and when
in the opinion of if the governing board of the
school district determines it shall
have become necessary by reason of any of these conditions
to decrease the number of permanent employees in the school
district, the governing board of the school district
may terminate the services of not more than a corresponding
percentage of the certificated employees of the school
district, permanent as well as probationary, at the close of the
school year. Except as otherwise provided by statute, the services of
no a permanent employee may
shall not be terminated under the
provisions of this section while any
a probationary employee, or any other employee with less
seniority, is retained to render a service which said
that the permanent employee is certificated and
competent to render.
In
(2) In computing a decline in
average daily attendance for purposes of this section
subdivision for a newly formed or reorganized
school district, each school of the school district shall
be deemed to have been a school of the newly formed or reorganized
school district for both of the two previous school years.
As
(3) As between employees who
first rendered paid service to the school district on the
same date, the governing board of the school district
shall determine the order of termination solely on the basis of needs
of the school district and the students thereof.
pupils of the school district. Upon the request
of any an employee whose order of
termination is so determined, the governing board of the school
district shall furnish in writing
writing, no later than five days prior to
before 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 The requirement that
the governing board of the school district 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 such a
the requirement.
(c) (1) Notice of such
the termination of services shall be given before
the 15th of May in the manner prescribed in May 15
pursuant to Section 44949, and services of such
those employees shall be terminated in the
inverse of the order in which they were employed, as determined by
the governing board of the school district in
accordance with the provisions of Sections 44844 and 44845.
In the event that 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.
The
(2) The governing board of
the school district shall make assignments and reassignments in
such a manner that employees shall be retained to
render any service which their seniority and
qualifications entitle them to render. However, prior to
before assigning or reassigning any
a certificated employee to teach a subject
which that he or she has not previously
taught, and for which he or she does not have a teaching credential
or which that is not within the
employee's major area of postsecondary study or the equivalent
thereof, the governing board of the school district 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 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, which 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.
(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.
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 in the opinion of
the governing board of the school district determines it
is therefore necessary to decrease the number of permanent employees
in the school district, the governing board of the
school district may terminate the services of any permanent or
probationary certificated employees of the school
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
board. board of the school district.
(b) This section is inoperative from July 1, 2002, to July 1,
2003, inclusive, and from July 1, 2011, to July 1, 2012, inclusive.
(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.
SEC. 3. Section 44956 of the Education Code is amended to read:
44956. Any A 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,
any an 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 governing board of the school district 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,
prior to before reappointing
any an 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 of the school district 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 governing board of the school
district 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 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 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 any an 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 school district retirement system shall not be
affected by such the 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 be not be
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 school district,
if it is also the governing board of one or more other school
districts, may assign him or her to service, which he or she is
certificated and competent to render, in another school
district or districts; provided, that the compensation he or she
receives therefor for the service may,
in the discretion of the governing board,
board of the school district, be the same as he or she would
have received had he or she been serving in the school
district from which his or her services were terminated, that his or
her service in the other school district or districts
shall be counted toward the period required for both state and local
retirement as though rendered in the school district from
which his or her services were terminated, and that no permanent
employee in the other school 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 prior to before 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 school district retirement
system, system for the period of his or her
absence, but it shall not be obligatory on the state or
school 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 school 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 thereafter, after his or her
termination of service, as though still employed.
(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.
SEC. 4. Section 44956.5 of the Education Code is amended to read:
44956.5. (a) 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
school site schoolsite administrators
who shall earn up to a maximum of three years seniority while serving
as site administrators.
(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.
SEC. 5. Section 44957 of the Education Code is amended to read:
44957. Any A 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 such
the termination, any an
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 of the school district
in accordance with the provisions of 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, no a
probationary or temporary employee with less seniority shall not
be employed to render a service which such
that the employee is certificated and competent to render
and provided that such an the employee
shall be given a priority over employees whose right to a position is
derived pursuant to Section 44918. However, prior to
before reappointing any
an employee to teach a subject which
that he or she has not previously taught, and for which he or
she does not have a teaching credential or which
that is not within the employee's major area of
postsecondary study or the equivalent thereof, the governing board
of the school district 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 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 employee has special training and
experience necessary to teach that course or course of study, or to
provide those services, which 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.
(c) As to any such an 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
school district retirement system shall not be affected by
such the termination; provided,
however, that the period of his or her absence shall not
be counted as a part of the service required for attaining permanent
status in the school district or, except as provided in
subdivision (e), for retirement purposes.
(d) During the period of his or her preferred right to
reappointment, any such the 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 or her
services may be terminated upon a return to duty of such
the other employee, that such substitute service
shall not affect the retention of his or her 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 prior to before the
completion of one year after his or her return to service,
an employee reappointed under the provisions of
this section may elect to continue or to reinstate his or her
membership and interest in any state or school
district retirement system and to receive retirement benefits as if
no absence from service had occurred. In the event of such
that election the employee shall pay into the
retirement system the amount of his or her share of
contribution and the school district's share of
contribution attributable to the period of absence and the amount of
any contributions withdrawn, plus interest.
(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.
SEC. 6. Section 44958 of the Education Code is amended to read:
44958. (a) (1) If the
services of any a 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 such the employee
is reemployed within a period of 39 months from the last day of the
school year within which his or her 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 or her absence shall
not count as a part of the service required as a condition precedent
to the classification of such the
employee as a permanent employee of the school district,
but such absence shall not be construed as a break in the continuity
of the service of such the employee.
Every
(2) Every 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.
The
(3) The provisions of this
section shall apply to any a
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.
(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.
SEC. 7. Section 44959 of the Education Code is amended to read:
44959. As to any (a)
A 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 in addition thereto for a
like for the same period these employees shall
have the following additional rights:
(a)
(1) He or she may voluntarily accept termination of
service in other than the order of original employment and retain all
of the other rights herein provided.
provided by this section.
(b)
(2) 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 employment therein.
civilian or military war service.
(c)
(3) 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
the provisions of Sections 44844 and 44845.
(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.
SEC. 8. Section 44959.5 of the Education Code is amended to read:
44959.5. (a) The layoff provisions of Sections 44955, 44956,
44957, 44958 44958, and 44959 shall not
be applicable to probationary certificated employees who are covered
by a collective agreement which that
contains provisions for the layoff and reassignment of such
those employees.
(b) If layoff proceedings are commenced under procedures
prescribed by any of the sections referred to in subdivision (a),
such those 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
such those proceedings commenced.
(c) If layoff proceedings are commenced under a collective
agreement which that contains
provisions for the layoff of probationary certificated employees,
such those 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 pupils or more and
shall not be interpreted to apply to the termination of any
a probationary certificated employee pursuant to
Section 44948 or Section 44949.
(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.
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.