BILL ANALYSIS �
AB 925
Page 1
ASSEMBLY THIRD READING
AB 925 (Lara and Alejo)
As Amended April 26, 2011
Majority vote
PUBLIC EMPLOYEES 4-2 EDUCATION 7-3
-----------------------------------------------------------------
|Ayes:|Furutani, Allen, Ma, |Ayes:|Brownley, Ammiano, |
| |Wieckowski | |Buchanan, Butler, Carter, |
| | | |Eng, Williams |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Mansoor, Harkey |Nays:|Norby, Halderman, Wagner |
| | | | |
-----------------------------------------------------------------
APPROPRIATIONS 12-5
-----------------------------------------------------------------
|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires a charter school to comply with additional
specified laws governing school employees, including classified
school employees. 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.
AB 925
Page 2
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
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; and,
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
AB 925
Page 3
employees of public schools.
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
districts.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)General Fund/Proposition 98 cost pressure, of at least $16.5
million, to charter schools to comply with specified
requirements related to classified employees.
2)According to a May 2006 decision by the Commission on State
Mandates (CSM), charter schools are not eligible to claim
mandate reimbursements. In denying charter schools' mandate
claims, the CSM repeatedly cites the fact that charter schools
are "voluntarily" created.
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 State Board of
Education-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
AB 925
Page 4
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.
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.
AB 925
Page 5
"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
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."
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957 FN:
0000915