BILL NUMBER: AB 1712	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2010
	AMENDED IN ASSEMBLY  MARCH 18, 2010

INTRODUCED BY   Assembly Member Furutani

                        FEBRUARY 2, 2010

   An act to add Sections 45211 and 88211 to the Education Code,
relating to school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1712, as amended, Furutani. School employees: leaves of
absence: classified employees elected to Legislature.
   (1) Existing law requires that every person employed by a school
district as a permanent employee in a position requiring
certification qualifications who is elected to the Legislature be
granted a leave of absence from his or her duties as an employee of
the district by the governing board of the district, as specified.
   This bill would provide the same leave rights to a permanent
employee in classified service who is elected to the Legislature and
serves on or after December 6, 2010.
   Existing law requires that the governing board of a community
college district grant to any classified employee, upon request, a
leave of absence without loss of compensation for the purpose of
enabling the employee to serve as an elected officer of any local
community college district public employee organization, or of any
statewide or national public employee organization with which the
local organization is affiliated, as specified.
   This bill would require that every person who is employed by a
community college district as a permanent employee in classified
service who is elected to the Legislature, and who serves in the
Legislature on or after December 6, 2010, be granted a leave of
absence from his or her duties as an employee of the district by the
governing board of the district, as specified. 
   The bill would specify that permanent classified school district
or community college employees who hold the office of Member of the
Assembly or State Senator on or after December 6, 2010, and prior to
January 1, 2011, are entitled to leaves of absence from their duties
as district employees retroactive to December 6, 2010. 
   Because the bill would impose new duties on school districts and
community college districts, 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 45211 is added to the Education Code, to read:
   45211.  (a) Every person employed by a school district as a
permanent employee in classified service who is elected to the
Legislature shall be granted a leave of absence from his or her
duties as an employee of the district by the governing board of the
district.
   (b) During the term of a leave of absence granted pursuant to this
section, an employee may be employed by the school district to
perform less than full-time service, for compensation, and upon the
terms and conditions, as may be mutually agreed upon.
   (c) The absence of an employee under this section shall not affect
in any way the classification of that employee.
   (d) Within six months after the expiration of the term of office
of an employee granted a leave of absence under this section, he or
she shall be entitled to return to the position held by him or her at
the time of his or her election, at the salary to which he or she
would have been entitled had he or she not been absent from the
service of the school district under this section.
   (e) Notwithstanding any provision of this code to the contrary, a
person first employed to take the place of any employee who holds
office as a Member of the Assembly or as a State Senator shall not
have any right to the position following the return of the Member of
the Assembly or the State Senator to the position. However, at any
time, the employee may be employed or transferred to any vacant
classified position in the school district. When that employee is
employed or transferred to another classified position, he or she
shall attain all of the rights, benefits, and burdens of a classified
employee as of the date of the transfer or employment. When a
current classified employee agrees to transfer into the position
vacated by a Member of the Assembly or a State Senator, the current
employee shall retain rights as a classified employee for all
purposes.
   (f) This section shall apply to any permanent classified school
district employee who holds the office of Member of the Assembly or
State Senator on or after December 6, 2010.  A permanent
classified school district employee who holds the office of M 
 ember of the Assembly or State Senator on or after December 6,
2010, and prior to January 1, 2011, shall be entitled to a leave of
absence from his or her duties as an employee of the district
retroactive to December 6, 2010. 
  SEC. 2.  Section 88211 is added to the Education Code, to read:
   88211.  (a) Every person employed by a community college district
as a permanent employee in classified service who is elected to the
Legislature shall be granted a leave of absence from his or her
duties as an employee of the district by the governing board of the
district.
   (b) During the term of a leave of absence granted pursuant to this
section, the employee may be employed by the community college
district to perform less than full-time service, for compensation and
upon the terms and conditions, as may be mutually agreed upon.
   (c) The absence of an employee under this section shall not affect
in any way the classification of that employee.
   (d) Within six months after the expiration of the term of office
of an employee granted a leave of absence under this section, he or
she shall be entitled to return to the position held by him or her at
the time of his or her election, at the salary to which he or she
would have been entitled had he or she not been absent from the
service of the community college district under this section.
   (e) Notwithstanding any provision of this code to the contrary, a
person first employed to take the place of any employee who 
hold   holds  office as a Member of the Assembly or
as a State Senator shall not have any right to the position
following the return of the Member of the Assembly or the State
Senator to the position. However, at any time, the employee may be
employed or transferred to any vacant classified position in the
community college district. When that employee is employed or
transferred to another classified position, he or she shall attain
all of the rights, benefits, and burdens of a classified employee as
of the date of the transfer or employment. When a current classified
employee agrees to transfer into the position vacated by a Member of
the Assembly or a State Senator, the current employee shall retain
rights as a classified employee for all purposes.
   (f) This section shall apply to any permanent classified community
college district employee who holds the office of Member of the
Assembly or State Senator on or after December 6, 2010.  A
permanent classified community college district employee who holds
the office of Member of the   Assembly or State Senator on
or after December 6, 2010, and prior to January 1, 2011, shall be
entitled to a leave of absence from his or her duties as an employee
of the district retroactive to December 6, 2010. 
  SEC. 3.  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.