BILL NUMBER: SB 266 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dutton
FEBRUARY 10, 2011
An act to amend Section 44956 of the Education Code, relating to
education employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 266, as introduced, Dutton. Education employment: termination,
reappointment, and opportunity for substitute service.
Existing law provides that, when employees are terminated pursuant
to a reduction in workforce, a school district is required to
terminate the employees in order of seniority. Existing law further
provides those employees with preferred right to reappointment and
opportunity for substitute service in order of seniority.
Existing law requires that, if a terminated employee who is
offered the opportunity for substitute service serves for at least 21
out of 60 schooldays, the compensation received by the employee in
that 60-day period be no less than the compensation the employee
would receive if he or she were being reappointed.
This bill would delete the above-referenced requirement relating
to compensation.
The bill would make various technical and nonsubstantive
clarifying changes.
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 44956 of the Education Code is amended to read:
44956. (a) Any
A permanent employee whose services have been
terminated as provided in Section 44955 shall have the following
rights:
(1)
(a) For the period of 39 months from the date of
such the termination, any employee who
in the meantime has not attained the age of 65 years shall have the
preferred right to reappointment, in the order of original employment
as determined by the board in accordance with the
provisions of Sections 44831 to 44855, inclusive, if the
number of employees is increased or the discontinued service is
reestablished, with no requirements that were not imposed upon other
employees who continued in service; provided, that no probationary or
other employee with less seniority shall be employed to render a
service which said that the employee is
certificated and competent to render. However, prior to reappointing
any employee to teach a subject which he or she has not previously
taught, and for which he or she does not have a teaching credential
or which is not within the employee's major area of postsecondary
study or the equivalent thereof, the governing board shall require
the employee to pass a subject matter competency test in the
appropriate subject.
(2)
(b) The aforesaid right to
reappointment pursuant to subdivision (a) may be waived by
the employee, without prejudice, for not more than one school year,
unless the board extends this right, but such
the waiver shall not deprive the employee of his or her
right to subsequent offers of reappointment.
(3)
(c) Notwithstanding paragraph (1)
subdivision (a) , a school district may deviate from
reappointing a certificated employee in order of seniority for either
of the following reasons:
(A)
(1) The district demonstrates a specific need for
personnel to teach a specific course or course of study, or to
provide services authorized by a services credential with a
specialization in either pupil personnel services or health for a
school nurse, and that the employee has special training and
experience necessary to teach that course or course of study, or to
provide those services, which others with more seniority do not
possess.
(B)
(2) For purposes of maintaining or achieving compliance
with constitutional requirements related to equal protection of the
laws.
(4)
(d) As to any such For an
employee who is reappointed, the period of his or her
absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his or her
service, he or she shall retain the classification and
order of employment he or she had when his or her
services were terminated, and credit for prior service under
any state or district retirement system shall not be affected by
such the termination, but the period of
his or her absence shall not count as a part of the
service required for retirement.
(5)
(e) During the period of his an
employee's preferred right to reappointment, any such
the employee shall , in the
order of original employment, shall be offered prior
opportunity for substitute service during the absence of any other
employee who has been granted a leave of absence or who is
temporarily absent from duty; provided, that his or her
services may be terminated upon the return to duty of said
the other employee and that said
the substitute service shall not affect the
retention of his or her previous classification and
rights. If, in any school year the employee serves as a
substitute in any position requiring certification for any 21 days or
more within a period of 60 schooldays, the compensation the employee
receives for substitute service in that 60-day period, including his
or her first 20 days of substitute service, shall be not less than
the amount the employee would receive if he or she were being
reappointed.
(6)
(g) (1) During the period of the
employee's preferred right to reappointment, the governing board of
the district, if it is also the governing board of one or more other
districts, may assign him the employee
to service , which that he or she
is certificated and competent to render, in said
one of the other district or districts;
provided, that the districts. The compensation
he the employee receives
therefor may , in the discretion of the
governing board , may be the same as he
the employee would have received had he or she
been serving in the district from which his
the employee's services were terminated, that his
terminated. The employee's service in the
said other district or districts shall be counted
toward the period required for both state and local retirement
, as defined by Section 22102, as though rendered
in the district from which his the employee's
services were terminated, and that no permanent
terminated. The employee in said
shall not displace any other permanent employee in the
other district or districts shall be displaced by him
.
It
(2) It is the intent of this
subsection subdivision that the
employees of a school district, the governing board of which is also
the governing board of one or more other school districts, shall not
be at a disadvantage as compared with employees of a unified school
district.
(7)
(h) At any time prior to the completion of one year
after his the employee's return to
service, he the employee may continue
or make up, with interest, his or her own contributions to
any state or district retirement system , for the
period of his or her absence, but it shall not be
obligatory on the state or district to match such
the contributions.
(8)
(i) Should he become If the
employee becomes disabled or reach
reaches retirement age at any time before his or her
return to service, he the employee
shall receive, in any state or district retirement system of which
he the employee was a member, all
benefits to which he or she would have been entitled
had such event if the disability or
retirement occurred at the time of his or her
termination of service, plus any benefits he
the employee may have qualified for thereafter, as though still
employed.