BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 755
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 755 (Brownley)
          As Amended July 23, 2009
          Majority vote
           
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          |ASSEMBLY:  |50-25|(May 18, 2009)  |SENATE: |24-12|(August 31,    |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:    P.E.,R. & S.S.

          SUMMARY  :   Prohibits local educators on loan to a state  
          education agency from serving in temporary assignments in  
          specified positions for more than four years. 

           The Senate amendments  delete the Assembly version of the bill,  
          and instead:

          1)Delete a provision in current law that permits an extension of  
            a temporary assignment or loan between educational agencies  
            for up to two additional years upon specified findings.

          2)Prohibits a temporary assignment or loan between educational  
            agencies or jurisdictions from exceeding four years of total  
            time per individual performing the duties of a represented  
            classification.

           EXISTING LAW  authorizes the State Personnel Board (SPB) to  
          prescribe rules governing the temporary assignment or loan of  
          employees within an agency or between agencies for not to exceed  
          two years or between jurisdictions for not to exceed four years  
          for any of the following purposes:

          1)To provide training to employees;

          2)To enable an agency to obtain expertise needed to meet a  
            compelling program or management need; and,

          3)To facilitate the return of injured employees to work.

          A temporary assignment or loan between education agencies or  
          jurisdictions may be extended if approved by the SPB.  However,  
          the temporary assignment of any local educator who is performing  
          the duties of a nonrepresented classification while on loan to a  








                                                                  AB 755
                                                                  Page  2

          state education agency may be extended for as many successive  
          two year intervals as necessary by the Superintendent of Public  
          Instruction or the Chancellor of the California Community  
          Colleges, as specified.

          These temporary assignments or loans may be used to meet minimum  
          requirements for promotional as well as open examinations.

           AS PASSED BY THE ASSEMBLY,  this bill prohibited local educators  
          on loan to a state education agency from using their temporary  
          assignment experiences to meet the minimum requirements for  
          promotional or open civil service examinations.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  According to supporters, "Visiting educators fulfill  
          a valuable role within the state's education system, lending  
          their local perspective and expertise in a specific policy  
          matter to help California develop the best programs for all  
          students.  Visiting educators would then return to their home  
          districts with knowledge gained at the state level.  However,  
          the program is not fully functioning the way it was intended.

          Current practice has allowed many visiting educators to stay at  
          state agencies past the terms of their contracts at the expense  
          of other qualified civil service workers.  This bill would help  
          address this problem by limiting visiting educators to a maximum  
          four-year term, the same time allowed for temporary employees at  
          all other state agencies."


           Analysis Prepared by  :    Karon Green / P.E., R. & S.S. / (916)  
          319-3957 


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