BILL NUMBER: SB 955 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 13, 2010
INTRODUCED BY Senator Huff
FEBRUARY 4, 2010
An act to amend Sections 1294, 1296, 44929.21, 44936,
44944, 44945, 44955, and 44956 of, to add Section 44955.1 to, and to
repeal Section 44949 of, the Education Code, relating to school
districts, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 955, as amended, Huff. School districts.
(1) Existing law provides that, after a certificated employee of a
school district or a county superintendent of schools
with an average daily attendance of 250 or more completes 2
consecutive years of employment and is reelected for the
next succeeding school year to a position requiring certification,
the employee becomes and is classified as a permanent employee of the
school district or county superintendent . Existing law
additionally requires the governing board of a school district
or county superintendent to notify the employee on or before
March 15 of the employee's 2nd year of probation of the
governing board's decision whether
of the governing board or school district to reelect or not
reelect the employee for the next succeeding school year to the
position.
This bill would change the notification deadline from
March 15 to June 15 instead require the governing
board and county superintendent of schools to notify the employee of
its decision to reelect or not reelect the employee on or after May 1
but no later than 30 days before the last schoolday scheduled on the
school calendar of the employee's 2nd year of probation.
(2) Existing law establishes certain procedures with which the
governing board of a school district is required to comply before
dismissing or suspending a permanent employee, including, at the
employee's option, a hearing. Existing law establishes a commission
of professional competence for each hearing, consisting of specified
members. Existing law deems the decision of the commission on
professional competence to be the final decision of the governing
board.
Existing law prohibits a notice of dismissal or suspension
initiated pursuant to these provisions from being given between May
15 and September 15, inclusive, in any year.
This bill would delete that prohibition. The bill would make
various changes to the provisions relating to the hearing, including
authorizing the commission of professional competence to consist
solely of an administrative law judge, as well as providing that the
decision of the commission would be advisory, and the final decision
regarding the discipline of the employee would be determined by
action of the governing board. The bill would provide that an
employee requesting a hearing would be deemed terminated but
would be entitled to reasonable back wages and benefits
placed on administrative leave without pay, unless the employee
furnishes to the school district acceptable security, as specified,
in which case the employee would be continued to be paid his or her
regular salary .
Existing law authorizes the decision of a commission on
professional competence to be reviewed by a court of competent
jurisdiction on petition of either the governing board or the
employee.
This bill would instead authorize the decision to be reviewed on
petition of the employee.
(3) Existing law requires, when a reduction in the number of
certificated employees employed by a school district is authorized
for specified reasons, the notice of the termination of the services
of an employee in the subsequent school year be given by the
governing board to the employee, in a prescribed manner, before May
15. Existing law requires the superintendent of the district, prior
to March 15 and before an employee is given the described notice, to
give written notice to the governing board and the employee that it
has been recommended that the notice be given to the employee, and
stating the reasons therefor. Existing law authorizes an employee who
is given this notice to request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year.
This bill would eliminate this notice requirement and the
authority of an employee to request a hearing.
Existing law provides that when employees are terminated pursuant
to a reduction in workforce, that a school district is required to
terminate the employees in order of seniority. Existing law provides
certain exceptions to this rule.
This bill would provide additional exceptions, including
authorizing school districts to terminate employees on the basis of
performance evaluations, as specified, and on the basis that the
employee is assigned to a schoolsite that has been selected by the
governing board from certificated reductions in force, based upon the
needs of the educational program.
(4) Existing law generally requires school districts to adhere to
certain requirements with respect to teacher and administrator
employment. Existing law requires a charter school petition to set
forth specified information in its charter relating to employment,
including the qualifications to be met by individuals to be employed
at the school.
This bill would authorize school districts, county offices of
education, and charter schools to assign, reassign, and transfer
teachers and administrators based on effectiveness and subject matter
needs, and without regard to years of service.
(5) Existing law provides certain rights for permanent school
employees who have been terminated pursuant to specified provisions
of law, including the right to be offered prior opportunity for
substitute service during the absence of any other employee who has
been granted a leave of absence or who is temporarily absent from
duty, as specified.
This bill, notwithstanding these provisions, would authorize a
school district to deviate from reappointing a certificated employee
in order of seniority for specified reasons . The bill would
revise the compensation requirements for employees who serve as
substitute teachers in a position requiring certification
qualifications for 21 days or more within a period of 60 schooldays
by requiring a school district to compensate the employee at a rate
no less than the amount the employee would have received if he or she
were being reappointed beginning on the 22nd day during that 60-day
period instead of the first day of that service .
The bill would make the bill's provisions applicable to county
superintendent of schools, and would delete obsolete provisions
relating to employees who were on probation prior to 1984.
(6) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1294 of the
Education Code is amended to read:
1294. Each person employed by a county superintendent of schools
in a position requiring certification qualifications, except
employees included in the civil service system or in any merit
system, or any person who holds an office by virtue of an election
conducted under the Elections Code or the Education Code, and whose
salary is paid from the county school service fund, has the same
right with respect to leaves of absence, sick leave, and bereavement
leave as a person employed by a school district or a community
college district in a position requiring certification
qualifications.
Sections 22724, 44845, 44922, 44949,
44929.21, 44936, 44944, 44945, 44955, 44955.1, 44956,
44962 to 44976, inclusive, 44977, 44978, 44979, 44983, 44984,
44985, 44987, 87413, 87414, 87740, 87743, 87763 to 87779, inclusive,
87780, 87781, 87782, 87786, 87787, and 87788 apply to persons so
employed by a county superintendent of schools and so paid from the
county school service fund. Whenever, in those provisions, a duty or
power is imposed upon or granted to the governing board of a school
district or community college district or an employee thereof, the
power or duty shall, for the purposes of this section, be deemed to
be granted to or imposed on the county superintendent of schools or
his or her employee, respectively. When "district" is used in those
provisions, it shall, for the purposes of this section, be deemed to
mean "county superintendent of schools." Compensation paid to
employees during those leaves shall be paid from the county school
service fund.
The granting of leaves of absence to employees pursuant to Section
44966 or 87767 shall be by the county superintendent of schools,
upon approval by the county board of education.
SEC. 2. Section 1296 of the Education
Code is amended to read:
1296. (a) If the average daily attendance of the schools and
classes maintained by a county superintendent of schools is 250 or
more, each person who, after being employed for three complete
consecutive school years by the superintendent in a teaching position
in those schools or classes requiring certification qualifications
and whose salary is paid from the county school service fund, is
reelected for the next succeeding school year to such a position in
those schools or classes, shall be classified as and become a
permanent employee of the county superintendent of schools.
Such an employee shall have the same rights and duties as
employees of school districts to which Section 44882 applies.
Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to
these employees.
This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.
(b)
1296. (a) If the average daily
attendance of the schools and classes maintained by a county
superintendent of schools is 250 or more, each person who, after
being employed for two complete consecutive school years by the
superintendent in a teaching position in those schools or classes
requiring certification qualifications and whose salary is paid from
the county school service fund, is reelected for the next succeeding
school year to such a certificated
position in those schools or classes, shall be classified as and
become a permanent employee of the county superintendent of schools.
The
(b) The county superintendent of
schools shall notify the employee, on or before March 15
after May 1, but no later than 30 days before the last
schoolday scheduled on the school calendar of the employee's
second complete consecutive year of employment by the superintendent
in a teaching position in schools or classes maintained by the
superintendent requiring certification qualifications, of the
decision to reelect or not reelect the employee for the next
succeeding school year to such a the
position in those schools . In the event
that If the county superintendent does not give
notice pursuant to this section on or before March 15
to the employee within that time period , the
employee shall be deemed reelected for the next succeeding school
year.
Such an year. The employee shall have the
same rights and duties as employees of school districts to which
Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and
44948.5 are applicable to these employees.
This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
(c) As used in this section, "teaching position" means any
certificated position designated as of January 1, 1983, by the county
board of education or the county superintendent of schools as a
teaching position for the purpose of granting probationary or
permanent status.
SECTION 1. SEC. 3. Section 44929.21
of the Education Code is amended to read:
44929.21. (a) Every employee of a school district of any type or
class having an average daily attendance of 250 or more who, after
having been employed by the district for three complete consecutive
school years in a position or positions requiring certification
qualifications, is reelected for the next succeeding school year to a
position requiring certification qualifications shall, at the
commencement of the succeeding school year be classified as and
become a permanent employee of the district.
This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.
(b)
44929.21. (a) Every employee of
a school district of any type or class having an average daily
attendance of 250 or more who, after having been employed by the
district for two complete consecutive school years in a position or
positions requiring certification qualifications, is reelected for
the next succeeding school year to a position requiring certification
qualifications shall, at the commencement of the succeeding school
year be classified as and become a permanent employee of the
district.
The
(b) The governing board shall
notify the employee, on or before June 15 or
after May 1, but no later than 30 days before the last schoolday
scheduled on the school calendar of the employee's second
complete consecutive school year of employment by the district in a
position or positions requiring certification qualifications, of the
decision to reelect or not reelect the employee for the next
succeeding school year to the position. In the event that the
governing board does not give notice pursuant to this
section on or before June 15 to the employee within
that time period , the employee shall be deemed reelected for
the next succeeding school year.
This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
SEC. 2. SEC. 4. Section 44936 of the
Education Code is amended to read:
44936. The notice of dismissal or suspension in a proceeding
initiated pursuant to Section 44934 shall be in writing and be served
upon the employee personally or by United States registered mail
addressed to him at his last known address. A copy of the charges
filed, containing the information required by Section 11503 of the
Government Code, together with a copy of the provisions of this
article, shall be attached to the notice.
SEC. 3. SEC. 5. Section 44944 of the
Education Code is amended to read:
44944. (a) (1) In a dismissal or suspension proceeding initiated
pursuant to Section 44934, if a hearing is requested by the employee,
the hearing shall be commenced within 60 days from the date of the
employee's demand for a hearing. The hearing shall be initiated,
conducted, and a decision made in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code. However, the hearing date shall be established
after consultation with the employee and the governing board, or
their representatives, and the Commission on Professional Competence
shall have all of the power granted to an agency in that chapter,
except that the right of discovery of the parties shall not be
limited to those matters set forth in Section 11507.6 of the
Government Code but shall include the rights and duties of any party
in a civil action brought in a superior court under Title 4
(commencing with Section 2016.010) of Part 4 of the Code of Civil
Procedure. Notwithstanding any provision to the contrary, and except
for the taking of oral depositions, no discovery shall occur later
than 30 calendar days after the employee is served with a copy of the
accusation pursuant to Section 11505 of the Government Code. In all
cases, discovery shall be completed prior to seven calendar days
before the date upon which the hearing commences. If a continuance is
granted pursuant to Section 11524 of the Government Code, the time
limitation for commencement of the hearing as provided in this
subdivision shall be extended for a period of time equal to the
continuance. However, the extension shall not include that period of
time attributable to an unlawful refusal by either party to allow the
discovery provided for in this section.
(2) If the right of discovery granted under paragraph (1) is
denied by either the employee or the governing board, all of the
remedies in Chapter 7 (commencing with Section 2023.010) of Title 4
of Part 4 of the Code of Civil Procedure shall be available to the
party seeking discovery, and the court of proper jurisdiction to
entertain his or her motion shall be the superior court of the county
in which the hearing will be held.
(3) The time periods in this section and of Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code and of Title 4 (commencing with Section 2016.010) of
Part 4 of the Code of Civil Procedure shall not be applied so as to
deny discovery in a hearing conducted pursuant to this section.
(4) The superior court of the county in which the hearing will be
held may, upon motion of the party seeking discovery, suspend the
hearing so as to comply with the requirement of the preceding
paragraph.
(5) No witness shall be permitted to testify at the hearing except
upon oath or affirmation.
(b) The hearing provided for in this section shall be conducted by
a Commission on Professional Competence. The commission shall be
established through one of the following two methods, as selected by
the governing board:
(1) One member of the commission shall be selected by the
employee, one member shall be selected by the governing board, and
one member shall be an administrative law judge of the Office of
Administrative Hearings who shall be chairperson and a voting member
of the commission and shall be responsible for ensuring that the
legal rights of the parties are protected at the hearing. The member
selected by the governing board and the member selected by the
employee shall not be related to the employee, shall not be employees
of the district initiating the dismissal or suspension, and shall
hold a currently valid credential and have at least five years'
teaching or administrative experience. If either the governing board
or the employee for any reason fails to select a commission member at
least seven calendar days prior to the date of the hearing, the
failure shall constitute a waiver of the right to selection, and the
county board of education or its specific designee shall immediately
make the selection. If the county board of education is also the
governing board of the school district or has by statute been granted
the powers of a governing board, the selection shall be made by the
Superintendent, who shall be reimbursed by the school district for
all costs incident to the selection.
(2) The commission shall consist solely of an administrative law
judge of the Office of Administrative Hearings who shall be
responsible for ensuring that the legal rights of the parties are
protected at the hearing.
(c) (1) The commission shall prepare a written decision containing
findings of fact, determinations of issues, and a disposition that
shall be, solely, one of the following:
(A) That the employee should be dismissed.
(B) That the employee should be suspended for a specific period of
time without pay.
(C) That the employee should not be dismissed or suspended.
(2) The decision of the commission that the employee should not be
dismissed or suspended shall not be based on nonsubstantive
procedural errors committed by the school district or governing board
unless the errors are prejudicial errors.
(3) The commission shall not have the power to dispose of the
charge of dismissal by imposing probation or other alternative
sanctions. The imposition of suspension pursuant to subparagraph (B)
of paragraph (1) shall be available only in a suspension proceeding
authorized pursuant to subdivision (b) of Section 44932 or Section
44933.
(4) The decision of the commission shall be advisory, and the
final decision regarding the discipline of the employee shall be
determined by action of the governing board of the school district.
(5) The board may adopt from time to time rules and procedures not
inconsistent with this section as may be necessary to effectuate
this section.
(6) The governing board and the employee shall have the right to
be represented by counsel.
(d) (1) If the commission has been established pursuant to
paragraph (1) of subdivision (b), and the member selected by the
governing board or the member selected by the employee is employed by
any school district in this state, the member shall, during any
service on the commission, continue to receive salary, fringe
benefits, accumulated sick leave, and other leaves and benefits from
the district in which the member is employed, but shall receive no
additional compensation or honorariums for service on the commission.
(2) If the commission has been established pursuant to paragraph
(1) of subdivision (b), and service on the commission occurs during
summer recess or vacation periods, the member shall receive
compensation proportionate to that received during the current or
immediately preceding contract period from the member's employing
district, whichever amount is greater.
(e) (1) If the governing board determines that the employee should
be dismissed or suspended, the governing board and the employee
shall share equally the expenses of the hearing, including the cost
of the administrative law judge. If the commission has been
established pursuant to paragraph (1) of subdivision (b), the state
shall pay any costs incurred under paragraph (2) of subdivision (d),
the reasonable expenses, as determined by the administrative law
judge, of the member selected by the governing board and the member
selected by the employee, including, but not limited to, payments or
obligations incurred for travel, meals, and lodging, and the cost of
the substitute or substitutes, if any, for the member selected by the
governing board and the member selected by the employee. The
Controller shall pay all claims submitted pursuant to this paragraph
from the General Fund, and may prescribe reasonable rules,
regulations, and forms for the submission of the claims. The employee
and the governing board shall pay their own attorney's fees.
(2) If the governing board determines that the employee should not
be dismissed or suspended, the governing board shall pay the
expenses of the hearing, including the cost of the administrative law
judge, any costs incurred under paragraph (2) of subdivision (d),
the reasonable expenses, as determined by the administrative law
judge, of the member selected by the governing board and the member
selected by the employee, including, but not limited to, payments or
obligations incurred for travel, meals, and lodging, the cost of the
substitute or substitutes, if any, for the member selected by the
governing board and the member selected by the employee, and
reasonable attorney's fees incurred by the employee.
(3) As used in this section, "reasonable expenses" shall not be
deemed "compensation" within the meaning of subdivision (d).
(4) If either the governing board or the
employee petitions a court of competent jurisdiction for review of
the decision of the commission, the payment of expenses to the
administrative law judge required by this subdivision shall not be
stayed.
(5) (A) If the commission has been established pursuant to
paragraph (1) of subdivision (b), and the decision of the governing
board is finally reversed or vacated by a court of competent
jurisdiction, either the state, having paid the commission members'
expenses, shall be entitled to reimbursement from the governing board
for those expenses, or the governing board, having paid the
expenses, shall be entitled to reimbursement from the state.
(B) Either the employee, having paid a portion of the expenses of
the hearing, including the cost of the administrative law judge,
shall be entitled to reimbursement from the governing board for the
expenses, or the governing board, having paid its portion and the
employee's portion of the expenses of the hearing, including the cost
of the administrative law judge, shall be entitled to reimbursement
from the employee for that portion of the expenses.
(f) The hearing provided for in this section shall be conducted in
a place selected by agreement among the members of the commission.
If the commission has been established pursuant to paragraph (1) of
subdivision (b), in the absence of agreement, the place shall be
selected by the administrative law judge.
(g) An employee requesting a hearing pursuant to this section
shall be deemed terminated by the initiating district as of the time
the governing board votes to approve an agenda item to dismiss the
employee. However, if the employee prevails at the hearing,
(g) (1) For the duration of the hearing conducted pursuant to this
section, the employee shall be placed on administrative leave
without pay, unless the employee furnishes to the school district a
suitable bond or other security acceptable to the governing board, as
specified in paragraph (2).
(2) An employee placed on administrative leave pursuant to this
section shall continue to be paid his or her regular salary during
the period of his or her administrative leave of absence if during
that time he or she furnishes to the school district a suitable bond
or other security acceptable to the governing board, as a guarantee
that the school district will be repaid the amount of salary during
the employee's leave of absence if, by action of the governing board,
a final decision is made to terminate the employee, or the employee
fails or refuses to return to service following a decision not to
terminate the employee. If the governing board determines that the
employee should not be dismissed, the governing board shall reimburse
the employee for the cost of the bond upon his or her return to
service in the school district.
(3) If the employee prevails at the
hearing, the administrative law judge may recommend a suitable
compensatory remedy, including back wages and benefits, which the
governing board may adopt if the employee is reinstated. Any employee
who is reinstated pursuant to this section, either by the governing
board or by order of a court of competent jurisdiction, is entitled
to reasonable back wages and benefits.
SEC. 4. SEC. 6. Section 44945 of the
Education Code is amended to read:
44945. The decision of the governing board may, on petition of
the employee, be reviewed by a court of competent jurisdiction in the
same manner as a decision made by a hearing officer under Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code. The court, on review, shall exercise its
independent judgment on the evidence. The proceeding shall be set for
hearing at the earliest possible date and shall take precedence over
all other cases, except older matters of the same character and
matters to which special precedence is given by law.
SEC. 5. SEC. 7. Section 44949 of the
Education Code is repealed.
SEC. 6. SEC. 8. Section 44955 of the
Education Code is amended to read:
44955. (a) No permanent employee shall be deprived of his or her
position for causes other than those specified in Sections 44907 and
44923, and Sections 44932 to 44947, inclusive, and no probationary
employee shall be deprived of his or her position for cause other
than as specified in Section 44948.
(b) (1) Whenever in any school year the average daily attendance
in all of the schools of a district for the first six months in which
school is in session has declined below the corresponding period of
either of the previous two school years, whenever the governing board
determines that attendance in a district will decline in the
following year as a result of the termination of an interdistrict
tuition agreement as defined in Section 46304, whenever a particular
kind of service is to be reduced or discontinued not later than the
beginning of the following school year, or whenever the amendment of
state law requires the modification of curriculum, and when in the
opinion of the governing board of the district it has become
necessary by reason of any of these conditions to decrease the number
of permanent employees in the district, the governing board may
terminate the services of not more than a corresponding percentage of
the certificated employees of the district, permanent as well as
probationary, at the close of the school year. Except as otherwise
provided by statute, the services of a permanent employee shall not
be terminated under the provisions of this section 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.
(2) In computing a decline in average daily attendance for
purposes of this section for a newly formed or reorganized school
district, each school of the district shall be deemed to have been a
school of the newly formed or reorganized district for both of the
two previous school years.
(3) As between employees who first rendered paid service to the
district on the same date, the governing board shall determine the
order of termination solely on the basis of needs of the district and
the pupils thereof, including distinctions based upon performance
evaluations. Upon the request of any employee whose order of
termination is so determined, the governing board shall furnish in
writing within 30 days of the request, a statement of the specific
criteria used in determining the order of termination and the
application of the criteria in ranking each employee relative to the
other employees in the group. This requirement that the governing
board provide, on request, a written statement of reasons for
determining the order of termination shall not be interpreted to give
affected employees any legal right or interest that would not exist
without such a requirement.
(c) Notice of termination of services shall be given before the
15th of May, and services of those employees shall be terminated in
the inverse of the order in which they were employed, as determined
by the board in accordance with the provisions of Sections 44844 and
44845.
(d) Notwithstanding subdivision (b), a school district may deviate
from terminating a certificated employee in order of seniority for
any of the following reasons:
(1) The district demonstrates a specific need for personnel to
teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
certificated employee has special training and experience necessary
to teach that course or course of study or to provide those services,
which others with more seniority do not possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.
(3) On the basis of performance evaluations, if pursuant to a
process whereby employees with superior evaluations are retained over
those with inferior evaluations. The governing board may exercise
its discretion in developing such a process, which shall be applied
uniformly to the entire class that is subject to the reduction in
force.
(4) On the basis that the employee is assigned to a schoolsite
that has been selected by the governing board for exemption from
certificated reductions in force, based upon the needs of the
educational program.
SEC. 7. SEC. 9. Section 44955.1 is
added to the Education Code, to read:
44955.1. Notwithstanding any other law, a school district, county
office of education, or charter school may assign, reassign, and
transfer teachers and administrators based on effectiveness and
subject matter needs without regard to years of service.
SEC. 8. SEC. 10. Section 44956 of
the Education Code is amended to read:
44956. A permanent employee whose services have been terminated
as provided in Section 44955 shall have the following rights:
(a) For the period of 39 months from the date of the termination,
an employee who in the meantime has not attained the age of 65 years
shall have the preferred right to reappointment, in the order of
original employment as determined by the board in accordance with the
provisions of Sections 44831 to 44855, inclusive, if the number of
employees is increased or the discontinued service is reestablished,
with no requirements that were not imposed upon other employees who
continued in service; provided, that a probationary or other employee
with less seniority shall not be employed to render a service which
said employee is certificated and competent to render. However,
before reappointing an employee to teach a subject
which he or she has not previously taught,
and for which he or she does not have a teaching credential or which
is not within the employee's major area of postsecondary study or the
equivalent thereof, the governing board shall require the employee
to pass a subject matter competency test in the appropriate subject.
(b) This right to reappointment may be waived by the employee,
without prejudice, for not more than one school year, unless the
board extends this right, but the waiver shall not deprive the
employee of his or her right to subsequent offers of reappointment.
(c) Notwithstanding subdivision (a), a school district may deviate
from the order of seniority in reappointing a certificated employee
for either of the following reasons:
(1) The district demonstrates a specific need for personnel to
teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
employee has special training and experience necessary to teach that
course or course of study, or to provide those services, which others
with more seniority do not possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.
(d) For an employee who is reappointed, the period of his or her
absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his or her service, he or
she shall retain the classification and order of employment he or she
had when his or her services were terminated, and credit for prior
service under any state or district retirement system shall not be
affected by the termination, but the period of his or her absence
shall not count as a part of the service required for retirement.
(e) During the period of his or her preferred right to
reappointment, an employee, in the order of original employment,
shall be offered prior opportunity for substitute service during the
absence of any other employee who has been granted a leave of absence
or who is temporarily absent from duty. However, his or her services
may be terminated upon the return to duty of the other employee and
the substitute service shall not affect the retention of his or her
previous classification and rights. If, in any school year the
employee serves as a substitute teacher in any position requiring
certification qualifications for 21 days or more within a
period of 60 schooldays, the compensation the employee receives for
that 60 days, beginning on the 22nd day, shall be not less than the
amount the employee would have received if he or she were being
reappointed.
(f) Notwithstanding subdivision (e), a school district may deviate
from the order of seniority in reappointing a certificated employee
for either of the following reasons:
(1) The district demonstrates a specific need for personnel to
teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and the
employee has special training and experience, and has demonstrated
the competency necessary to teach in a specified grade level or
course of study, or to provide those services, which others with more
seniority do not possess or are not able to provide.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.
(g) During the period of the employee's preferred right to
reappointment, the governing board of the district, if it is also the
governing board of one or more other districts, may assign him or
her to service, which he or she is certificated and competent to
render, in the other district or districts. However, the compensation
the employee receives may in the discretion of the governing board
be the same as he or she would have received had he or she been
serving in the district from which his or her services were
terminated, and his or her service in the other district or districts
shall be counted toward the period required for both state and local
retirement, as defined by Section 22102, as though rendered in the
district from which his or her services were terminated, and that a
permanent employee in the other district or districts shall not be
displaced by him or her.
It is the intent of this subsection that the employees of a school
district, the governing board of which is also the governing board
of one or more other school districts, shall not be at a disadvantage
as compared with employees of a unified school district.
(h) At any time prior to the completion of one year after his or
her return to service, he or she may continue or make up, with
interest, his or her own contributions to a state or district
retirement system, for the period of his or her absence, but it shall
not be obligatory on the state or district to match the
contributions.
(i) If the employee becomes disabled or reaches retirement age at
any time before his or her return to service, he or she shall
receive, in any state or district retirement system of which he or
she was a member, all benefits to which he or she would have been
entitled if the disability or retirement occurred at the time of his
or her termination of service, plus any benefits he or she may have
qualified for thereafter, as though still employed.
SEC. 9. SEC. 11. This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
In order to make the necessary statutory changes to implement the
Budget Act of 2010 at the earliest time possible, it is necessary
that this act take effect immediately.