BILL NUMBER: AB 2307	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 20, 2012
	PASSED THE ASSEMBLY  AUGUST 22, 2012
	AMENDED IN SENATE  JULY 5, 2012
	AMENDED IN ASSEMBLY  MARCH 22, 2012

INTRODUCED BY   Assembly Member Butler

                        FEBRUARY 24, 2012

   An act to amend Sections 45298 and 88117 of the Education Code,
relating to school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2307, Butler. School employees: reemployment.
   Existing law requires that persons laid off because of lack of
work or lack of funds in a school district or community college
district that has adopted the merit system be eligible for
reemployment for a period of 39 months, as specified.
   This bill would require a person who is reemployed in a new
position and fails to complete the probationary period in the new
position be returned to the reemployment list for the remainder of
the 39-month period, as specified. The bill also would make
nonsubstantive changes to these provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 45298 of the Education Code is amended to read:

   45298.  (a) A person laid off because of lack of work or lack of
funds shall be eligible for reemployment for a period of 39 months as
follows:
   (1) The person's reemployment shall take preference over new
applicants.
   (2) The person shall have the right to participate in promotional
examinations within the district during the period of 39 months.
   (3) If the person is reemployed in a new position and fails to
complete the probationary period in the new position, he or she shall
be returned to the reemployment list for the remainder of the
39-month period. The remaining time period shall be calculated as the
time remaining in the 39-month period as of the date of
reemployment.
   (b) An employee who takes a voluntary demotion or a voluntary
reduction in assigned time in lieu of layoff or to remain in his or
her present position rather than be reclassified or reassigned, shall
be granted the same rights as persons laid off and shall retain
eligibility to be considered for reemployment for an additional
period of up to 24 months, provided that the same tests of fitness
under which the employee qualified for appointment to the class still
apply. The personnel commission shall make the determination of the
specific period eligibility for reemployment on a class-by-class
basis.
   (c) An employee who takes a voluntary demotion or a voluntary
reduction in assigned time in lieu of layoff shall be, at the option
of the employee, returned to a position in his or her former class or
to a position with increased assigned time as vacancies become
available, and without limitation of time, but if there is a valid
reemployment list the employee shall be ranked on that list in
accordance with his or her proper seniority.
  SEC. 2.  Section 88117 of the Education Code is amended to read:
   88117.  (a) A person laid off because of lack of work or lack of
funds shall be eligible for reemployment for a period of 39 months as
follows:
   (1) The person's reemployment shall take preference over new
applicants.
   (2) The person shall have the right to participate in promotional
examinations within the district during the period of 39 months.
   (3) If the person is reemployed in a new position and fails to
complete the probationary period in the new position, he or she shall
be returned to the reemployment list for the remainder of the
39-month period. The remaining time period shall be calculated as the
time remaining in the 39-month period as of the date of
reemployment.
   (b) An employee who takes a voluntary demotion or a voluntary
reduction in assigned time in lieu of layoff or to remain in his or
her present position rather than be reclassified or reassigned, shall
be granted the same rights as persons laid off and shall retain
eligibility to be considered for reemployment for an additional
period of up to 24 months, provided that the same tests of fitness
under which the employee qualified for appointment to the class still
apply. The personnel commission shall make the determination of the
specific period of eligibility for reemployment on a class-by-class
basis.
   (c) An employee who takes a voluntary demotion or a voluntary
reduction in assigned time in lieu of layoff shall be, at the option
of the employee, returned to a position in his or her former class or
to a position with increased assigned time as vacancies become
available, and without limitation of time, but if there is a valid
reemployment list the employee shall be ranked on that list in
accordance with his or her proper seniority.