BILL NUMBER: SB 381 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Huff
FEBRUARY 24, 2015
An act to amend Section Sections
44955 , 44956, and 44957 of the Education Code, relating
to school employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 381, as amended, Huff. School
Certificated school employees: reduction in workforce:
deviation from order of seniority. seniority:
career pathway programs.
Under existing law, when certificated 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 further provides those employees with a
preferred right to reappointment and an opportunity for substitute
service in order of seniority. 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 specific course or
course of study, that may allow a school district to deviate from
terminating certificated school employees in order of
seniority, include career technical education and
or career pathway programs,
program, 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 in any (1)
If in 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 has 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
the 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 it shall have become 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 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 the manner prescribed in May 15 pursuant
to Section 44949, and the 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 o f 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,
including, but not limited to, career technical education or career
pathway program, 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.
(3) For purposes of maintaining or achieving compliance with the
school district's local control and accountability plan.
SEC. 2. Section 44956 of the Education
Code is amended to read:
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,
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
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
that 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 ,
including, but not limited to, career technical education or career
pathway program, 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 the 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 the
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
said other 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 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.
SEC. 3. 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,
including, but not limited to, career technical education or career
pathway program, 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.
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.