BILL NUMBER: SB 830	CHAPTERED  07/28/99

	CHAPTER   205
	FILED WITH SECRETARY OF STATE   JULY 28, 1999
	APPROVED BY GOVERNOR   JULY 27, 1999
	PASSED THE SENATE   JULY 15, 1999
	PASSED THE ASSEMBLY   JULY 8, 1999
	AMENDED IN ASSEMBLY   JUNE 22, 1999

INTRODUCED BY   Senator Karnette

                        FEBRUARY 25, 1999

   An act to amend Section 35556 of the Education Code, relating to
school district reorganization.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 830, Karnette.  Employees of reorganized school districts.
   Existing law authorizes the reorganization of school districts and
provides for the disposition of the assets and obligations of
reorganized school districts.  With regard to persons employed by
reorganizing school districts in positions not requiring
certification qualifications, existing law requires that the
reorganization not affect the rights of these persons to retain the
salary, leaves, and other benefits that they would have had if the
reorganization had not occurred.  Existing law also requires that,
when a portion of the territory of any district becomes part of
another district, employees regularly assigned to perform their
duties in the territory affected become employees of the acquiring
district, and further requires that an employee regularly assigned by
the original district to any school in the district be an employee
of the district in which the school is located.
   This bill would, with respect to reorganizations commenced on or
after January 1, 2000, authorize an employee in these instances, in a
manner consistent with relevant provisions of existing law and with
any applicable collective bargaining agreement, to elect to accept a
vacant position, for which he or she qualifies, that the first
district elects to fill ; to fill, by exercise of his or her rights
of seniority, a position, for which he or she qualifies, in the first
district; or to have his or her name entered on a reemployment list
of the first district.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 35556 of the Education Code is amended to read:

   35556.  (a) The reorganization of any school district, or
districts, shall not affect the rights of persons employed in
positions not requiring certification qualifications to retain the
salary, leaves, and other benefits which they would have had if the
reorganization had not occurred.  These persons shall be treated in
the manner provided in this section.
   (b) All employees of every school district that is included in any
other district, or all districts included in a new district, shall
become employees of the new district.
   (c) (1) When a portion of the territory of any district becomes
part of another district, employees regularly assigned to perform
their duties in the territory affected shall become employees of the
acquiring district unless, in a manner consistent with relevant
provisions of this code and with any applicable collective bargaining
agreement, one of the following occurs:
   (A) An employee elects to accept a vacant position, for which he
or she qualifies, that the first district elects to fill.
   (B) An employee elects to fill, by exercise of his or her rights
of seniority under existing law or the collective bargaining
agreement with the first district, a position, for which he or she
qualifies, in the first district.
   (C) An employee elects to have his or her name entered on a
reemployment list of the first district.
   (2) Employees whose assignments pertained to the affected
territory, but whose employment situs was not in that territory, may
elect to remain with the original district or become employees of the
acquiring district.
   (d) When the territory of any district is divided between, or
among, two or more districts and the original district ceases to
exist, employees of the original district regularly assigned to
perform their duties in any specific territory of the district shall
become employees of the district acquiring the territory.  Employees
not assigned to specific territory within the original district shall
become employees of any acquiring district at the election of the
employees.
   (e) An employee regularly assigned by the original district to any
school in the district shall be an employee of the district in which
the school is located unless that employee elects to continue in the
employ of the first district pursuant to subdivision (c).
   (f) Except as otherwise provided in this section, nothing in this
section shall be construed to deprive the governing board of the
acquiring district from making reasonable reassignments of duties.
   (g) The amendments to this section made during the 1999-2000
Regular Session of the Legislature shall apply only to school
district reorganizations commenced on or after January 1, 2000.