Amended in Senate April 7, 2016

Amended in Senate April 4, 2016

Senate BillNo. 1224

Introduced by Senator Huff

February 18, 2016

begin deleteAn act to add Section 44955.3 to the Education Code, relating to certificated school employees. end deletebegin insertAn act to add Section 44955.3 to the Education Code, relating to certificated school employees.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1224, as amended, Huff. Certificated school employees:begin delete probationary employees: dismissal or suspension.end deletebegin insert assignments and reassignments: seniority: reporting.end insert

begin insert

Existing law authorizes the governing board of a school district to decrease the number of permanent employees of a school district, based on seniority, when a reduction in workforce is required due to specific circumstances, as provided. Existing law prohibits, except as otherwise provided, the services of a permanent employee from being terminated in these situations while any probationary employee, or any other employee with less seniority, is retained to render a service which the permanent employee is certificated and competent to render. Existing law requires the governing board of a school district to make assignments and reassignments in a manner that employees are retained to render any service which their seniority and qualifications entitle them to render.

end insertbegin insert

This bill would require a local educational agency that makes an assignment or reassignment of an employee due to seniority to report that assignment or reassignment to the State Department of Education. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department to annually aggregate the number of assignments and reassignments reported and to make that number available to the public on its Internet Web site.

end insertbegin insert

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.

end insertbegin insert

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.

end insertbegin delete

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, beginning with the least senior. Existing law authorizes a school district to deviate from terminating employees pursuant to a reduction in workforce in the order of seniority for specified reasons.

end deletebegin delete

This bill would require a local educational agency that terminates an employee pursuant to a reduction in workforce in order of seniority to report that termination to the State Department of Education. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program. The bill would require the department to annually aggregate the number of terminations reported and to make that number available to the public on its Internet Web site.

end deletebegin delete

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.

end deletebegin delete

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.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 44955.3 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert

begin insert
P3    1

begin insert44955.3.end insert  

(a) A local educational agency that makes an
2assignment or reassignment of an employee due to seniority
3pursuant to subdivision (c) of Section 44955 shall report that
4assignment or reassignment to the department.

5
(b) The department shall annually aggregate the number of
6assignments and reassignments reported pursuant to subdivision
7(a), and make that number available to the public on its Internet
8Web site.

end insert
9begin insert

begin insertSEC. 2.end insert  

end insertbegin insert

If the Commission on State Mandates determines that
10this act contains costs mandated by the state, reimbursement to
11local agencies and school districts for those costs shall be made
12pursuant to Part 7 (commencing with Section 17500) of Division
134 of Title 2 of the Government Code.

end insert
begin delete14

SECTION 1.  

Section 44955.3 is added to the Education Code,
15to read:

16

44955.3.  

(a) A local educational agency that terminates an
17employee in order of seniority pursuant to Section 44955 shall
18report that termination to the department.

19(b) The department shall annually aggregate the number of
20terminations reported pursuant to subdivision (a), and make that
21number available to the public on its Internet Web site.

end delete
begin delete
22

SEC. 2.  

If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.

end delete

O

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