BILL ANALYSIS �
AB 925
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Date of Hearing: March 30, 2011
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Warren T. Furutani, Chair
AB 925 (Lara and Alejo) - As Introduced: February 18, 2011
SUBJECT : Charter schools.
SUMMARY : Requires a charter school to comply with additional
specified laws governing school employees, including classified
school employees. Specifically, this bill :
1)Requires a charter school to comply with laws allowing all
school employees the right to inspect personnel records, as
specified, and those governing leaves for jury duty.
2)Requires a charter school to comply with laws outlining
specified rights and benefits for classified employees.
3)Requires a charter school to comply with laws that permit the
use of personal services contracting for all services
currently or customarily performed by classified school
employees, for the purpose of achieving cost savings, only if
specified conditions are met.
EXISTING LAW
1)Establishes the Charter Schools Act of 1992 which authorizes a
school district, a county office of education or the State
Board of Education to approve or deny a petition for a charter
school to operate independently from the existing school
district structure as a method of accomplishing, among other
things, improved pupil learning.
2)Exempts charter schools from laws governing school districts
except for those specifically included in the Charter Schools
Act, those establishing minimum age for public school
attendance, specified building code regulations, availability
of coverage in a public retirement system, and the Charter
School Revolving Loan Fund.
3)Provides a comprehensive framework of rights and benefits for
classified school employees. These provisions include
standards for the use of personal services contracts in school
AB 925
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districts.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, "The Charter Schools Act of
1992 allows a petitioning charter school to choose to be either
1) a 'dependent' charter school, where the school district
remains the employer of the classified employees; or 2) an
'independent' charter school, where the charter school is the
employer."
Supporters contend that because charter schools are currently
exempted from most of the laws governing school districts,
"?independent charter school employees have no guarantee of sick
leave, vacation leave, and holiday leave. They have no right to
a job classification with defined duties and no seniority
rights, layoff rights or bumping rights. They have no right to
be disciplined for cause only, and no right to a disciplinary
hearing?.In addition, there are no protections against the
outsourcing of classified work, as applies to school districts
under Education Code section 45103.1. An independent charter
school could outsource all of the services, regardless of cost
or quality, which are usually performed by classified employees
in a traditional public school."
Supporters conclude, "AB 925 will provide equity to classified
school employees working in independent charter schools by
requiring such charter schools to comply with specified laws
governing school employees working for public school districts
and district charter schools."
Opponents state, "First, employees at a charter school typically
are not public employees (although as the author rightly
indicates, when they are public employees, these laws would
apply). Most independent charter schools are run by nonprofit
corporations that receive the bulk of their funding from the
state. Their employees are private employees of the nonprofit
charter operator.
"There are many similarly situated nonprofits that act as agents
of the state and similarly receive the bulk of their funding
from the state. For example, nonprofit hospitals,
rehabilitation programs serving persons with developmental
disabilities and mental health clinics derive hundreds of
millions of dollars in state general funds and pass-through
AB 925
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federal funds. Their employees are not public employees any
more than are charter school employees.
"AB 925 would set a precedent that would have far-reaching
consequences. To the California Charter Schools Association's
knowledge, AB 925 would require, for the first time, that a
private employee be governed by public employee law. Charter
schools are obligated to abide by the same employee laws that
govern all private employers in the State of California."
REGISTERED SUPPORT / OPPOSITION :
Support
California School Employees Association (Sponsor)
California Federation of Teachers
Service Employees International Union California
Opposition
California Charter Schools Association
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957