BILL ANALYSIS �
AB 925
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Date of Hearing: May 4, 2011
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 925 (Lara and Alejo) - As Amended: April 26, 2011
�Note: This bill was double referred from the Assembly Public
Employees, Retirement & Social Security Committee (PERSS) and
was heard as it relates to issues under its jurisdiction.]
SUBJECT : Charter schools.
SUMMARY : Requires a charter school to comply with existing
statute governing school district employees, as specified.
Specifically, this bill :
1)Specifies that all school employees at a charter school:
a) Have the right to inspect, review and comment on
personnel records;
b) Shall be granted a leave of absence for jury duty; and,
c) May use accumulated sick leave for bereavement leave, an
accident involving personal property, an appearance in
court, or other reasons prescribed by the governing body.
2)Requires a charter school to comply with the following
existing statutes governing classified employees in school
districts that:
a) Define terms that apply to classified employees.
b) Deem classified employees to be employed for 12 months
during the year regardless of the number of months of paid
service; and, require classified employees to be paid an
additional wage for any additional work assignments.
c) Require permanent status for employees within one year
of employment and all applicable due process rights for
disciplinary action including the requirements for items
included in the notice of disciplinary notice.
d) Require classified employees to receive written layoff
notices on or before April 29, when a specially funded
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program expires; and, require written layoff notices not
less than 45 days prior to layoff as a result of a bona
fide reduction of service.
e) Specify certain pay exceptions for employees who are on
sick leave for longer periods of time.
f) Authorize classified employees to be granted leaves of
absence, vacations and pregnancy, with or without pay, as
specified.
g) Require classified employees to be entitled to specified
leaves of absence for industrial accidents, bereavement
leave, and, require certain leave balances to be
transferred when a classified employees begins working for
another government entity.
h) Authorize a deduction in wages for disability insurance.
3)Requires a charter school to establish policies for paid sick
leave and vacation time; requires charter school employees
that would be classified employees in a school district to
earn sick leave and vacation time based on time served; and,
requires classified employees to receive 11 paid holidays,
comparable to the paid holidays provided to classified
employees of public schools.
EXISTING LAW :
1)Establishes the Charter Schools Act of 1992 which authorizes a
school district, a county board of education or the State
Board of Education (SBE) 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 student 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)Specifies that charter schools shall comply with collective
bargaining requirements in the Government code; requires a
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charter school charter to contain a declaration regarding
whether or not the charter school shall be deemed the
exclusive public school employer of the employees at the
charter school; specifies that if the charter school is not so
deemed a public school employer, the school district where the
charter is located shall be deemed the public school employer;
specifies that if the charter of a charter school does not
specify that it shall comply with those statutes and
regulations governing public school employers that establish
and regulate tenure or a merit or civil service system, the
scope of representation for that charter school shall also
include discipline and dismissal of charter school employees;
specifies that the Public Employment Relations Board shall
take into account the Charter Schools Act of 1992 when
deciding cases brought before it related to charter schools;
and, specifies that the approval or a denial of a charter
petition by a granting agency shall not be controlled by
collective bargaining agreements nor subject to review or
regulation by the Public Employment Relations Board.
4)Provides a comprehensive framework of rights and benefits for
classified school employees in school districts.
FISCAL EFFECT : Unknown
COMMENTS : According to the California Department of Education
(CDE), the 2009-10 count of operating charter schools is 815
with student enrollment of more than 323,000 in the state. This
includes three statewide benefit charters and 20 SBE-approved
charters. Some charter schools are new, while others are
conversions from existing public schools. Charter schools are
part of the state's public education system and are funded by
public dollars. A charter school is usually created or
organized by a group of teachers, parents and community leaders,
a community-based organization, or an education management
organization. Charter schools are authorized by school district
boards, county boards of education or the state board of
education. A charter school is generally exempt from most laws
governing school districts, except where specifically noted in
the law. Specific goals and operating procedures for the
charter school are detailed in an agreement (or "charter")
between the sponsoring board and charter organizers.
This bill requires charter schools to comply with several
provisions of statute that currently govern classified employees
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in school districts. According to the author, the Education
code provides a comprehensive statutory system that provides
classified employees with a minimum "floor" of rights and
benefits. In dependent charter schools, where the school
district is the employer, these statutes remain in effect.
Unfortunately, the Education code exempts independent charter
schools from providing these rights and benefits. Therefore,
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. Unlike other classified school employees throughout
California, independent charter school employees are basically
"at will" employees with no floor of minimum rights and benefits
to rely upon.
Classified Employees vs. Certificated Employees : This bill
establishes statutory employee protections for classified
employees that do not currently exist for certificated employees
at charter schools. This means that certain protections will be
extended to a portion, but not all charter school employees, and
this will establish a built in inequality among employee groups.
The committee should consider whether it is appropriate to
grant classified employees these specified rights that currently
do not exist for certificated employees at charter schools.
Arguments in Support : According to the California School
Employees Association, AB 925 will provide equity to classified
school employees working in independent charter schools by
subjecting independent charter schools to Education code
provisions that provide basic rights and benefits to classified
employees. This bill would protect the rights and benefits of
classified employees by adding language to the California
Education code to provide a floor of minimum rights and benefits
for classified employees working in independent charter schools.
Arguments in Opposition : According to the California Charter
Schools Association in a letter to the PERSS Committee,
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
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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 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.
According to the California Charter Schools Association in a
letter to this committee, AB 925 jeopardizes quality instruction
by imposing a substantial new cost on charter schools at a time
when school funding has been cut and is at risk of being cut
further; the timing could not be worse. Charter schools are
funded at a lower rate than traditional public schools, are not
reimbursed for any mandated costs and have been more harmed by
recent budget deferrals than traditional public schools because
they do not have options for alternative resources.
REGISTERED SUPPORT / OPPOSITION :
Support
California School Employees Association (Sponsor)
American Federation of State, County and Municipal Employees
California Federation of Teachers
California Teachers Association
California Teamsters Public Affairs Council
Service Employees International Union
Opposition
California Charter Schools Association
Analysis Prepared by : Chelsea Kelley / ED. / (916) 319-2087
AB 925
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