BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2307|
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THIRD READING
Bill No: AB 2307
Author: Butler (D)
Amended: 7/5/12 in Senate
Vote: 21
SENATE EDUCATION COMMITTEE : 6-2, 6/27/12
AYES: Lowenthal, Alquist, Liu, Price, Simitian, Vargas
NOES: Blakeslee, Huff
NO VOTE RECORDED: Runner, Hancock, Vacancy
ASSEMBLY FLOOR : 46-27, 5/17/12 - See last page for vote
SUBJECT : Classified school employees
SOURCE : California School Employees Association
DIGEST : This bill requires that a classified school
employee, who is placed on a reemployment list and is
subsequently reemployed in a new position, retains the
right to be returned to the reemployment list for the
remainder of the 39-month period in the event he/she fails
to complete the probationary period in the new position.
ANALYSIS : Existing law requires the governing boards of
school and community college districts to grant permanent
employee status to classified employees who have passed a
specified probationary period, not to exceed on year, in a
classification.
This bill requires that a classified school employee, who
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is placed on a reemployment list and is subsequently
reemployed in a new position, retains the right to be
returned to the reemployment list for the remainder of the
39-month period in the event he/she fails to complete the
probationary period in the new position.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/5/12)
California School Employees Association (source)
American Federation of State, County and Municipal
Employees
California Federation of Teachers
California Labor Federation
California Professional Firefighters
Laborers' Local 777
ARGUMENTS IN SUPPORT : According to supporters, "In a
recent appellate court decision, CSEA v. The Governing
Board of the Eastside Union High School District (2011) 193
Cal.App.4th 540, the court held that a classified employee
who has attained permanent status in a classification with
the school district, but who has been laid off and
reemployed in a different lower position, does not have
permanent status with the district. The court held that
permanent status is attained in a position or class: when a
permanent employee on a reemployment list is reemployed in
a new position in which the employee did not attain
permanence, the employee is a probationary employee with no
right to notice or hearing before he or she is terminated.
As a result of the decision in the Eastside case, a
district
may require an employee to service a probationary period,
and may release the employee from probation without
affording the employee due process rights that permanent
classified employees have. Districts may also attempt to
use this case in other situations, such as those where
employees take a voluntary demotion in lieu of layoff to a
position not previously held. Accordingly, this bill is
necessary to protect the rights of classified employees who
have attained permanent status within a district by
clarifying when such status is attained."
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ASSEMBLY FLOOR : 46-27, 5/17/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo, Davis,
Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani,
Gatto, Gordon, Hall, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Lara, Ma, Mendoza, Mitchell,
Monning, Pan, Portantino, Solorio, Swanson, Torres,
Wieckowski, Williams, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth,
Valadao, Wagner
NO VOTE RECORDED: Chesbro, Fletcher, Bonnie Lowenthal,
Perea, V. Manuel P�rez, Skinner, Yamada
PQ:m 7/5/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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