BILL NUMBER: AB 1665	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  MARCH 16, 2010

INTRODUCED BY   Assembly Member Swanson

                        JANUARY 20, 2010

   An act to amend Section 3543.2 of the Government Code, relating to
school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1665, as amended, Swanson. School employees: scope of
representation.
   (1) Existing law gives public school employee organizations the
right to represent their members in their employment relations with
public school employers, and limits the scope of representation to
matters relating to wages, hours of employment, and other terms and
conditions of employment, as defined. Existing law provides that
subjects other than those specified may not be included as part of
collective bargaining.
   This bill would require public school employers to give reasonable
written notice  of not less than 15 days  to the
exclusive representative of classified personnel of a public school
employer's intent to make any change to matters within the scope of
representation, including, but not necessarily limited to, start
time. The bill would also require public school employers to provide
a recognized employee organization with the opportunity to meet and
negotiate with the public school employer.  The bill would
require, in cases of emergency when the public school employer
determines that a rule, policy, or procedure must be adopted
immediately, that the public school employer give this notice and
opportunity to meet and negotiate at the earliest practicable time
following the adoption of the rule, policy, or procedure. 
   This bill would also make various nonsubstantive technical and
conforming changes.
   Because the bill would impose new duties on public school
employers, it would constitute a state-mandated local program.
   (2) 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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 3543.2 of the Government Code is amended to
read:
   3543.2.  (a) (1) The scope of representation shall be limited to
matters relating to wages, hours of employment, and other terms and
conditions of employment. "Terms and conditions of employment" mean
health and welfare benefits as defined by Section 53200, leave,
transfer and reassignment policies, safety conditions of employment,
class size, procedures to be used for the evaluation of employees,
organizational security pursuant to Section 3546, procedures for
processing grievances pursuant to Sections 3548.5, 3548.6, 3548.7,
and 3548.8, and the layoff of probationary certificated school
district employees, pursuant to Section 44959.5 of the Education
Code, and alternative compensation or benefits for employees
adversely affected by pension limitations pursuant to former Section
22316 of the Education Code, as that section read on December 31,
1999, to the extent deemed reasonable and without violating the
intent and purposes of Section 415 of the Internal Revenue Code.
    (2) The exclusive representative of certificated personnel has
the right to consult on the definition of educational objectives, the
determination of the content of courses and curriculum, and the
selection of textbooks to the extent those matters are within the
discretion of the public school employer under the law.
   (3)  The   (A)     Except
as specified in subparagraph (B), the  public school employer
shall give reasonable written notice  of not less than 15
days  to the exclusive representative of classified
personnel of a public school employer's intent to make any change to
matters within the scope of representation, including, but not
necessarily limited to, start time, and shall provide a recognized
employee organization with the opportunity to meet and negotiate with
the public school employer. 
   (B) In cases of emergency when the public school employer
determines that a rule, policy, or procedure must be adopted
immediately without prior notice or meeting with the exclusive
representative, the public school employer shall provide notice and
opportunity to meet and negotiate at the earliest practicable time
following the adoption of the rule, policy, or procedure. 
    (4) All matters not specifically enumerated are reserved to the
public school employer, and may not be a subject of meeting and
negotiating, except that this section does not limit the right of the
public school employer to consult with any employees or employee
organization on any matter outside the scope of representation.
   (b) Notwithstanding Section 44944 of the Education Code, the
public school employer and the exclusive representative shall, upon
request of either party, meet and negotiate regarding causes and
procedures for disciplinary action, other than dismissal, including a
suspension of pay for up to 15 days, affecting certificated
employees. If the public school employer and the exclusive
representative do not reach mutual agreement, the provisions of
Section 44944 of the Education Code shall apply.
   (c) Notwithstanding Section 44955 of the Education Code, the
public school employer and the exclusive representative shall, upon
request of either party, meet and negotiate regarding procedures and
criteria for the layoff of certificated employees for lack of funds.
If the public school employer and the exclusive representative do not
reach mutual agreement, the provisions of Section 44955 of the
Education Code shall apply.
   (d) Notwithstanding Section 45028 of the Education Code, the
public school employer and the exclusive representative shall, upon
request of either party, meet and negotiate regarding the payment of
additional compensation based upon criteria other than years of
training and years of experience. If the public school employer and
the exclusive representative do not reach mutual agreement, the
provisions of Section 45028 of the Education Code shall apply.
   (e) Pursuant to Section 45028 of the Education Code, the public
school employer and the exclusive representative shall, upon the
request of either party, meet and negotiate a salary schedule based
on criteria other than a uniform allowance for years of training and
years of experience. If the public school employer and the exclusive
representative do not reach mutual agreement, the provisions of
Section 45028 of the Education Code requiring a salary schedule based
upon a uniform allowance for years of training and years of
experience shall apply. A salary schedule established pursuant to
this subdivision shall not result in the reduction of the salary of
any teacher.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.