BILL NUMBER: SB 955 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2010
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
Sections 44955.1 and 44955.2 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 decision 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 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 Commission on
Professional Competence for each hearing, consisting of
specified members. Existing law deems the decision of the
commission on professional competence 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 on
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
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 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 for exemption 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 , and generally requires terminations and
reappointments to be made in order of seniority, as specified.
Existing law also authorizes a school district to deviate from the
order of seniority in certain circumstances .
This bill , notwithstanding these provisions, would
authorize would expand the list of circumstances under
which a school district is authorized to deviate
from terminating or 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
prohibit a school district from taking into consideration whether an
employee has exercised specified rights to meet and negotiate when
deviating from the order of seniority .
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, 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 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 a certificated
position in those schools or classes, shall be classified as and
become a permanent employee of the county superintendent of schools.
(b) The county superintendent of schools shall notify 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
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 the position. If the county superintendent
does not give notice to the employee within that time period, the
employee shall be deemed reelected for the next succeeding school
year. 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.
(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.
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 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.
(b) The governing board shall notify 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 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
to the employee within that time period, the employee shall be deemed
reelected for the next succeeding school year.
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. 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 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
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 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) (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. 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. 7. Section 44949 of the Education Code is repealed.
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), except as specified in
subdivision (e), 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.
(e) A school district shall not deviate from terminating a
certificated employee in order of seniority if the employee has 18
months or less from his or her date of retirement, or is on medical
leave.
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. 10. Section 44955.2 is added to the
Education Code , to read:
44955.2. A school district that deviates from the order of
seniority under any provision of this chapter shall do so on the
basis of one or more of the items specified in subdivision (d) of
Section 44955 and shall not take into consideration whether an
employee has exercised any of the rights guaranteed under Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code.
SEC. 10. SEC. 11. 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 65 years of age 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. 11. SEC. 12. 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.