Bill Text: CA AB2005 | 2009-2010 | Regular Session | Amended
Bill Title: Classified school employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-21 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2005 Detail]
Download: California-2009-AB2005-Amended.html
BILL NUMBER: AB 2005 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Arambula
FEBRUARY 17, 2010
An act relating to school districts. An
act to amend Section 45318 of the Education Code, relating to
classified school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2005, as amended, Arambula. School districts.
Classified school employees.
Existing law requires that in every school district coterminous
with the boundaries of a city and county, except for certain
paraprofessionals, as specified, employees in classified positions be
employed pursuant to the provisions of the city and county charter
establishing a merit system, if the city and county has a charter
that includes such a provision.
This bill instead would make that provision permissive, thereby
providing a school district under the conditions described above with
discretion as to whether or not to employ persons in those
classified positions pursuant to the merit system provisions of the
city and county charter.
Existing law establishes school districts as the local
governmental agencies that are responsible for managing and directing
the operation of public schools. Existing law provides that each
school district is under the control of a board of school trustees or
a board of education. Existing law requires the governing board of
each school district to prescribe and enforce rules not inconsistent
with law, or with the rules prescribed by the State Board of
Education, for its own government.
This bill would declare the intent of the Legislature to enact
legislation that would reaffirm the autonomy of school districts as
separate local government entities and the autonomy of the governing
board and superintendent of a school district to control and manage
the operations of the district, as specified.
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 45318 of the
Education Code is amended to read:
45318. In every school district coterminous with the boundaries
of a city and county, except for those paraprofessionals excluded
from the charter provisions by a resolution adopted by the governing
board of that district pursuant to Section 45100, employees not
employed in positions requiring certification qualifications
shall may be employed, if the city and county
has a charter providing for a merit system of employment, pursuant to
the provisions of that charter providing for that system and
shall may , in all respects, be subject
to, and have all rights granted by, those provisions; provided,
however, that the governing board of the school district shall have
the right to fix the duties of all of its noncertificated employees.
SECTION 1. It is the intent of the Legislature
to enact legislation that would reaffirm the autonomy of school
districts as separate local governmental entities and the autonomy of
the governing board and superintendent of a school district to
control and manage the operations of the district, including, but not
limited to, all of the following:
(a) The education of pupils in the district.
(b) Setting policy for the district.
(c) Controlling and managing school facilities.
(d) Hiring and firing employees subject to state and federal labor
laws and any collective bargaining agreements.
(e) The management and oversight of the district's finances.
