BILL ANALYSIS                                                                                                                                                                                                    

                                                                    AB 1066

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          Date of Hearing:  April 8, 2015


                                  Rob Bonta, Chair

          AB 1066  
          Gonzalez - As Amended April 6, 2015

          SUBJECT:  Classified employees:  nonemployee contractors:   
          limited-term, short-term, and substitute employees

          SUMMARY: Clarifies provisions governing the use of nonemployee  
          contractors and limited-term, short-term, and substitute  
          employees in the classified service to ensure that school  
          districts and community college districts are appropriately  
          placing non-academic employees, unless specifically exempted, in  
          the classified service. Specifically, this bill: 

          1)Specifies that school districts and community college  
            districts have a mandatory duty to classify all of their  
            non-academic employees and positions.

          2)Clarifies that substitute employees exempted from classified  
            service because they are employed and paid for less than 75%  
            of a school or college year means a single school or college  

          3)Defines "75% of a single school or college year" to mean 195  
            working days of a single school or college year, including  


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            holidays, sick leave, vacation, and other leaves of absence,  
            irrespective of the number of hours worked per day.

          4)Prohibits a short-term employee exempted from classified  
            service from being employed in subsequent school years to  
            perform the same services.

          5)Clarifies that the use of a nonemployee contractor for  
            personal services contracting is limited to 60 working days of  
            a single school or college year.

          6)Specifies that an employee of a school district or community  
            college district, or their exclusive representative, may bring  
            and action to challenge the classification of an employee or  
            positions or to compel a position to be classified pursuant to  
            these provisions.

          EXISTING LAW:  

          1)Authorizes school districts and community college districts to  
            employ non-academic employees, and requires those employees to  
            be placed in the classified service, as specified.

          2)Prohibits, generally, the following from being part of the  
            classified service:

             a)   Substitute and short-term employees employed and paid  
               for less than 75% of a school year.


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             b)   Apprentices and professional experts, as specified.

             c)   Full-time and part-time students employed part-time in a  
               college work-study or work experience program, as  

             d)   Part-time playground positions where the employee is not  
               otherwise employed in a classified position.

          3)Restricts personal services contracting for all services  
            currently or customarily performed by classified school  
            employees for the purpose of achieving cost savings,  
            permitting so only if specified conditions are met.

          FISCAL EFFECT:  Unknown.

          COMMENTS:  Under existing law, most non-academic employees of a  
          community college or school district are required to be placed  
          in the classified service.  Inclusion in a district's classified  
          service confers important statutory rights and benefits to  
          employees, such as a process for obtaining permanent status, due  
          process rights, fixed and delineated work duties, vacation days,  
          holidays and other benefits.

          According to the author, "These rights, however, are being  
          eroded by community college and school districts that are  
          wrongfully excluding longstanding, regular employees from the  


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          Code's classified service.  These districts have excluded these  
          employees by wrongly relying on narrow exceptions the  
          Legislature intended only for legitimate short-term, limited and  
          temporary employees.  Even though the Education Code currently  
          has strict requirements on when a district may exclude  
          short-term or temporary employees from its classified service,  
          stronger language is necessary to prevent the districts' current  
          abuse of these narrow, limited exceptions, and ensure that  
          regular, permanent employees of a district are conferred  
          classified status, as intended and required by the Legislature."

          The author concludes, "Community college and school districts  
          across California have manipulated these narrow limitations -  
          intended for truly exceptional cases - to exclude countless  
          long-term workers who provide important and ongoing services for  
          the districts, often every single semester, year after year.   
          These employees are mischaracterized as 'temporary,' 'hourly'  
          and 'short-term' workers, resulting in the denial of benefits  
          provided to classified service employees.  This practice  
          disregards all evidence of the longstanding nature of their  
          employment and positions."

          Supporters state, "This bill will prevent such wrongful  
          exclusions of employees from the classified service by  
          clarifying existing Education Code language that allows only a  
          few limited exceptions from classified service for legitimate  
          student, short-term, limited and emergency employees, but which  
          districts routinely misapply.  Current law and practice has  
          resulted in a permanent class of 'temporary' employees and AB  
          1066 will uphold and protect the Legislature's original intent  
          of creating a permanent classified service."


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          California Federation of Teachers (Sponsor)


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          California Labor Federation

          Faculty Association of California Community Colleges

          The President and Vice-President of the San Diego County Board  
          of Education

          The President of San Ysidro School District


          None on file

          Analysis Prepared by:Karon Green / P.E.,R., & S.S. / (916)  


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