BILL ANALYSIS �
AB 1908
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Date of Hearing: March 28, 2012
ASSEMBLY COMMITTEE ON PUBLIC EMPLOYEES, RETIREMENT AND SOCIAL
SECURITY
Warren T. Furutani, Chair
AB 1908 (Alejo) - As Introduced: February 22, 2012
SUBJECT : Classified employees: notice of layoff.
SUMMARY : Increases, from 45 days to 60 days, the layoff notice
requirement for classified school employees working in
California's school and community college districts.
EXISTING LAW :
1)Provides a framework for layoffs of school employees. For the
following occupations, the statutory notice requirements
listed are applicable:
a) Classified school employees (K-14): 45 days notice
prior to layoff for lack of work or lack of funds. This
notification requirement does not apply to short-term
employees.
b) Teachers, certificated employees, (K-14): notice by
March 15th. However, if no notice is given, the school
district must continue to employ the person for another
year. An exception to this notice exists when the cost of
living adjustment is less than two percent and situations
involving specified attendance declines.
c) Credentialed administrators and supervisors, (K-12):
notice by March 15th. However, if no notice is given, the
school district must continue to employ the person for
another year. An exception exists when the cost of living
adjustment is less than two percent.
d) Other Administrators and Senior Management of the
classified service: 45 day notice. However, if no notice
is given, they are deemed to be reemployed or reelected for
the term of the same length and under the same terms,
conditions, and compensation.
e) All Community College Administrators: 6 months notice
or notice by March 15th. However, if no notice is given,
AB 1908
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the administrator is deemed reemployed for a term of the
same length and all other terms and conditions remain
unchanged.
2)School districts are authorized to lay off classified
employees in the event of lack of funds or unforeseen causes
without meeting the specified notice requirements.
FISCAL EFFECT : Unknown.
COMMENTS : According to the author, "AB 1908 seeks to address
an inequity in the law with regard to layoff notices for school
employees. Teachers and administrators are given significantly
longer layoff notice, with the March 15th layoff notice
requirement. This bill does not provide classified school
employees (i.e. bus drivers, cafeteria workers, custodians) with
the March 15th layoff notice, but simply provides them with two
additional weeks to prepare for a layoff, extending the current
layoff notice from 45 to 60 days. AB 1908 recognizes the
economic conditions of California and the high unemployment rate
and affords classified employees with additional time to prepare
for their job loses."
Supporters state, "The state's budget crisis has dramatically
impacted classified school employees - 30,000 of whom have been
laid off and the majority of those who remain being placed on
some type of furlough. AB 1908 merely provides classified
employees with an additional two weeks of planning time in the
event of layoff. The additional notice in no way obligates
school districts to employ classified employees for additional
time, but rather simply ensures that they have a few more days
to prepare for unforeseen job loss."
Opponents state, "AB 1908 extends the written termination
timeline from 45 days to 60 days. While this appears to not be
a significant change, the unintended consequences for school
districts will be significant. This change in the timeline will
force school districts to have to over-notice their classified
employees since we will have to issue the notice prior to the
release of the state budget May Revision. Over-noticing has a
tremendous negative impact on employee morale and causes
employees to panic and districts still do not have any firm
financial information to base these decisions on. The more time
school districts have to make informed decisions, the better it
is for everyone involved."
AB 1908
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AB 290 (Firebaugh), Chapter 880, Statutes of 2003, required
school and community college districts to provide classified
school employees with 45 days notice of layoff and to required
short-term employees to be given layoff notices before permanent
classified employees are laid off.
AB 2578 (Wesson) of 2000 would have required districts to give
60 days advance notice of layoff for lack of work when the
termination date is other than June 30. The Governor vetoed the
bill, and stated, in part, "I cannot support this measure
because it would require school or community college districts
to foresee their personnel needs 60 days in advance, which is
not always possible. Many districts are not notified until the
final weeks of the fiscal year of programs that will continue to
be funded for the next fiscal year."
REGISTERED SUPPORT / OPPOSITION :
Support
California School Employees Association (Sponsor)
American Federation of State, County and Municipal Employees
California Federation of Teachers
California Labor Federation
California Professional Firefighters
Laborers' International Union of North America, Local 777
Service Employees International Union California
Opposition
Association of California School Administrators
California Association of School Business Officials
California School Boards Association
Analysis Prepared by : Karon Green / P.E., R. & S.S. / (916)
319-3957