BILL NUMBER: AB 2307 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 22, 2012
INTRODUCED BY Assembly Member Butler
FEBRUARY 24, 2012
An act to amend Sections 45101 and ,
45113 , 88001, and 88013 of the Education Code, relating
to classified school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2307, as amended, Butler. Classified school employees.
Existing law requires the governing board of a school district to
employ persons for positions not requiring certification
qualifications and the governing board of a community college
district to employ persons for positions that are not academic
positions. Existing law requires the governing board of a school
district and the governing board of a community college district
to classify those employees and positions and requires that
they be known as the classified service. Existing law requires the
governing board of a school district and the governing board of
a community college district to prescribe written rules and
regulations governing the personnel management of the classified
service whereby classified employees are designated as permanent
employees of the district after serving a prescribed period of
probation that is prohibited from exceeding one year. Existing law
defines a permanent classified employee for purposes of provisions
governing the classified service.
This bill would change the definition of "permanent employee." The
bill would define a permanent employee to mean an employee who has
served the prescribed period of probation and would provide that a
permanent employee remains a permanent employee of the
school public school employer or community college
district when the employee is moved to another classification.
The bill would provide that if a permanent employee is placed on a
reemployment list after his or her services are terminated and the
employee is subsequently reemployed, the employee continues being a
permanent employee of the school district or community college
district . The bill also would provide that a permanent
employee who passes the prescribed period of probation
remains a permanent employee of the school district or community
college district when the employee moves to another
classification.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 45101 of the Education Code is amended to read:
45101. Definitions as used in this chapter:
(a) "Classification" means that each position in the classified
service shall have a designated title, a regular minimum number of
assigned hours per day, days per week, and months per year, a
specific statement of the duties required to be performed by the
employees in the position, and the regular monthly salary ranges for
each position.
(b) "Permanent" as used in the phrase "permanent employee" means
an employee who has served the prescribed period of probation. A
permanent employee remains a permanent employee of the
district public school employer when the
employee is moved to another classification. A permanent employee who
is placed on a reemployment list and is subsequently reemployed
in by the same school district
public school employer that placed him or her on
the reemployment list continues being a permanent employee when
reemployed regardless of the classification in which he or she
is placed when reemployed .
(c) "Regular" as used in the phrase "regular classified employee"
or any similar phrase, refers to a classified employee who has
probationary or permanent status.
(d) "Demotion" means assignment to an inferior position or status,
without the employee's written voluntary consent.
(e) "Disciplinary action" includes any action whereby an employee
is deprived of any classification or any incident of any
classification in which he has permanence, including dismissal,
suspension, demotion, or any reassignment, without his voluntary
consent, except a layoff for lack of work or lack of funds.
(f) "Reclassification" means the upgrading of a position to a
higher classification as a result of the gradual increase of the
duties being performed by the incumbent in such position.
(g) "Layoff for lack of funds or layoff for lack of work" includes
any reduction in hours of employment or assignment to a class or
grade lower than that in which the employee has permanence,
voluntarily consented to by the employee, in order to avoid
interruption of employment by layoff.
(h) "Cause" relating to disciplinary actions against classified
employees means those grounds for discipline, or offenses, enumerated
in the law or the written rules of a public school employer.
Disciplinary action shall not be maintained for any "cause" other
than as defined herein.
This section shall not apply to school districts to which the
provisions of Article 6 (commencing with Section 45240) of this
chapter are applicable.
This section shall not apply to any school district that, during
the 1973-74 school year, had an average daily attendance of 100,000
or more.
SEC. 2. Section 45113 of the Education Code is amended to read:
45113. (a) The governing board of a school district shall
prescribe written rules and regulations, governing the personnel
management of the classified service, which shall be printed and made
available to employees in the classified service, the public, and
those concerned with the administration of this section, whereby
these employees are designated as permanent employees of the district
after serving a prescribed period of probation which
that shall not exceed one year. A permanent
employee who passes the prescribed period of probation
shall remain a permanent employee of the school district when the
employee moves to another classification. A permanent employee who
accepts a promotion and fails to complete the probationary period for
that promotional position shall be employed in the classification
from which he or she was promoted.
(b) Any employee designated as a permanent employee shall be
subject to disciplinary action only for cause as prescribed by rule
or regulation of the governing board, but the governing board's
determination of the sufficiency of the cause for disciplinary action
shall be conclusive.
(c) The governing board shall adopt rules of procedure for
disciplinary proceedings which that
shall contain a provision for informing the employee by written
notice of the specific charges against him or her, a statement of the
employee's right to a hearing on those charges, and the time within
which the hearing may be requested which that
shall be not less than five days after service of the notice
to the employee, and a card or paper, the signing and filing of which
shall constitute a demand for hearing, and a denial of all charges.
The burden of proof shall remain with the governing board, and any
rule or regulation to the contrary shall be void.
(d) Disciplinary action shall not be taken for any cause that
arose before the employee's becoming permanent, or for any cause that
arose more than two years preceding the date of the filing of the
notice of cause unless the cause was concealed or not disclosed by
the employee when it could be reasonably assumed that the employee
should have disclosed the facts to the employing district.
(e) This section does not prohibit the governing board, pursuant
to the terms of an agreement with an employee organization under
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, from delegating its authority to determine
whether sufficient cause exists for disciplinary action against
classified employees, excluding peace officers as defined in Section
830.32 of the Penal Code, to an impartial third party hearing
officer. However, the governing board shall retain authority to
review the determination under the standards set forth in Section
1286.2 of the Code of Civil Procedure.
(f) This section shall apply only to districts not incorporating
the merit system as outlined in Article 6 (commencing with Section
45240) of this chapter.
SEC. 3. Section 88001 of the Education
Code is amended to read:
88001. As used in this chapter the following terms mean:
(a) "Classification" means that each position in the classified
service shall have a designated title, a regular minimum number of
assigned hours per day, days per week, and months per year, a
specific statement of the duties required to be performed by the
employees in each such position, and the regular monthly salary
ranges for each such position.
(b) "Permanent," as used in the phrase "permanent employee,"
includes tenure in the classification in which the employee
passed the required probationary period and includes all of the
incidents of that classification means an employee who
has served the prescribed period of probation. A permanent employee
remains a permanent employee of the community college district when
the employee is moved to another classification. A permanent
employee who is placed on a reemployment list and is
subsequently reemployed by the same district that placed him or her
on the reemployment list continues being a permanent employee when
reemployed regardless of the classification in which he or she is
placed when reemployed .
(c) "Regular," as used in the phrase "regular classified employee,"
or any similar phrase, refers to a classified employee who has
probationary or permanent status.
(d) "Demotion" means assignment to an inferior position or status
without the employee's written voluntary consent.
(e) "Disciplinary action" includes any action whereby an employee
is deprived of any classification or any incident of any
classification in which he or she has permanence, including
dismissal, suspension, demotion, or any reassignment, without his or
her voluntary consent, except a layoff for lack of work or lack of
funds.
(f) "Reclassification" means the upgrading of a position to a
higher classification as a result of the gradual increase of the
duties being performed by the incumbent in that position.
(g) "Layoff for lack of funds or layoff for lack of work" includes
any reduction in hours of employment or assignment to a class or
grade lower than that in which the employee has permanence,
voluntarily consented to by the employee, in order to avoid
interruption of employment by layoff.
(h) "Cause," relating to disciplinary actions against classified
employees, means those grounds for discipline or offenses enumerated
in the law or the written rules of a community college employer.
No disciplinary action may Disciplinary
action shall not be maintained for any "cause" other than as
defined herein.
This section shall not apply to districts to which Article 3
(commencing with Section 88060) is applicable.
This section shall not apply to any district which
that , during the 1973-74 college year, had an
average daily attendance of 100,000 or more.
SEC. 4. Section 88013 of the Education
Code is amended to read:
88013. (a) The governing board of a community college district
shall prescribe written rules and regulations, governing the
personnel management of the classified service, which shall be
printed and made available to employees in the classified service,
the public, and those concerned with the administration of this
section, whereby these employees are, except as provided in Section
72411, designated as permanent employees of the district after
serving a prescribed period of probation which
that shall not exceed one year. A permanent employee
who passes the prescribed period of probation shall remain a
permanent employee of the community college district when the
employee moves to another classification. A permanent employee
who accepts a promotion and fails to complete the probationary period
for that promotional classification, shall be employed in the
position from which he or she was promoted.
(b) Any employee designated as a permanent employee shall be
subject to disciplinary action only for cause as prescribed by rule
or regulation of the governing board, but the governing board's
determination of the sufficiency of the cause for disciplinary action
shall be conclusive.
(c) The governing board shall adopt rules of procedure for
disciplinary proceedings which that
shall contain a provision for informing the employee by written
notice of the specific charges against him or her, a statement of the
employee's right to a hearing on those charges, and the time within
which the hearing may be requested which that
shall be not less than five days after service of the notice
to the employee, and a card or paper, the signing and filing of which
shall constitute a demand for hearing, and a denial of all charges.
The burden of proof shall remain with the governing board, and any
rule or regulation to the contrary shall be void.
(d) No disciplinary Disciplinary
action shall not be taken for any cause that arose
prior to before the employee's becoming
permanent, or for any cause that arose more than two years preceding
the date of the filing of the notice of cause, unless the cause was
concealed or not disclosed by the employee when it could be
reasonably assumed that the employee should have disclosed the facts
to the employing district.
(e) Nothing in this section shall be construed to
This section does not prohibit the governing
board, pursuant to the terms of an agreement with an employee
organization under Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, from delegating its
authority to determine whether sufficient cause exists for
disciplinary action against classified employees, excluding peace
officers as defined in Section 830.32 of the Penal Code, to an
impartial third party hearing officer. However, the governing board
shall retain authority to review the determination under the
standards set forth in Section 1286.2 of the Code of Civil Procedure.
(f) This section shall apply only to districts not incorporating
the merit system as outlined in Article 3 (commencing with Section
88060).