Amended in Senate April 6, 2015

Senate Bill No. 381

Introduced by Senator Huff

February 24, 2015

An act to amend begin delete Section end delete begin insert Sections end insert 44955 begin insert , 44956, and 44957 end insert of the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

SB 381, as amended, Huff. begin delete School end delete begin insert Certificated school end insert employees: reduction in workforce: deviation from order of begin delete seniority. end delete begin insert seniority: career pathway programs. end insert

Under existing law, when begin insert certificated end insert school employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. begin insert Existing law further provides those employees with a preferred right to reappointment and an opportunity for substitute service in order of seniority. end insert Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons, including the school district demonstrating a specified need for personnel to teach a specific course or course of study and the certificated employee having special training and experience necessary to teach that course or course of study, which others with more seniority do not possess.

This bill would authorize that the begin insert specific end insert course or course of study, that may allow a school district to deviate from terminating begin insert certificated end insert school employees in order of seniority, include career technical education begin delete and end delete begin insert or end insert career pathway begin delete programs, end delete begin insert program, end insert and would further authorize that a school district may deviate from the order of seniority to comply with the school district’s local control and accountability plan, as specified. begin insert The bill additionally would authorize that the specific course or course of study for which a school district may deviate from the order of seniority for purposes of reappointment of permanent and probationary employees includes, but is not limited to, career technical education or career pathway program. The bill would also make numerous nonsubstantive changes to these provisions. 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 44955 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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 in any end delete begin insert (1) end insert begin insert   end insert begin insert If in 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 begin delete shall have end delete begin insert has end insert 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
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 delete it shall have become end delete begin insert determines it end insert 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 the manner prescribed in end delete begin insert May 15 pursuant to end insert
Section 44949, and begin insert the end insert 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 begin delete the provisions of end delete 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, begin insert including, but not
limited to, career technical education or career pathway program, end insert
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

(3) For purposes of maintaining or achieving compliance with
the school district’s local control and accountability plan.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 44956 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44956.  

Any 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 any 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 begin delete the end delete begin insert that end insert 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 begin insert , including, but not
limited to, career technical education or career pathway program, end insert
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, begin delete an end delete begin insert the end insert 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 begin insert the end insert 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 begin delete another end delete begin insert said other 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 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

begin insert SEC. 3. end insert   

end insert

begin insert Section 44957 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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, begin insert including, but not
limited to, career technical education or career pathway program, end insert
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 delete

SECTION 1.  

Section 44955 of the Education Code is amended
to read:

44955.  

(a) 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 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) (1) If in a school year the average daily attendance in all of
the schools of a school district for the first six months that school
is in session shall have declined below the corresponding period
of either of the previous two school years, if the governing board
of a school district determines that attendance in the school district
will decline in the following year as a result of the termination of
an interdistrict tuition agreement as described in Section 46304,
if a particular kind of service is to be reduced or discontinued not
later than the beginning of the following school year, or if the
amendment of state law requires the modification of curriculum,
and if the governing board of the school district determines it
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 a permanent employee shall not be
terminated under this section while a 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 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.

(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 pupils of the school
district. Upon the request of an employee whose order of
termination is so determined, the governing board of the school
district shall furnish in writing, no later than five days 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. 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 the
requirement.

(c) (1) Notice of the termination of services shall be given
before May 15 pursuant to Section 44949, and the services of 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. 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 of the school district shall make
assignments and reassignments in a manner that employees shall
be retained to render any service their seniority and qualifications
entitle them to render. However, before assigning or reassigning
a 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
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, including, but not
limited to, career technical education or career pathway programs,
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 more seniority do not
possess.

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

(3) For purposes of maintaining or achieving compliance with
the school district’s local control and accountability plan.

end delete