Bill Text: CA AB2134 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: School employees: transfer of leave of absence for illness or injury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-07-03 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR. [AB2134 Detail]
Download: California-2023-AB2134-Amended.html
NOYES
Local Program:
NOYES
Any (a) A certificated employee of any a school district who has been an employee of that district for a period of one school year or more and who accepts a position requiring certification qualifications in
with another school district or community college district at any time during the second or any succeeding a subsequent school year of his or her the employee’s employment with the first school district, or who, within the school year succeeding immediately following the school year in which employment is terminated, signifies acceptance of his or her
the employee’s election or employment in a position requiring certification qualifications in another school district or community college district, shall have transferred with him or her to the second district the total amount number of days of leave of absence for illness or injury to which he or she is entitled under Section 44978. The that the employee accumulated with the first school district pursuant to Section 44978 transferred to the second
district. The second employing district shall honor a transfer request made at any time during the certificated employee’s employment with that district.Any (a) A classified employee of any a school district, county superintendent of schools, or community college district who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause and who subsequently accepts employment with a school district or county superintendent of schools within one year of the
termination of his or her the employee’s former employment, employment shall have transferred with him or her to the school district or county superintendent of schools the total amount
number of days of earned leave of absence for illness or injury to which he or she is entitled under Section 45191 or 88191.
that the employee accumulated with the first district or county superintendent of schools pursuant to Section 45191 or 88191 transferred to the second school district or county superintendent of schools. This transfer shall be in the same manner as is provided for certificated employees. The second school district or county superintendent of schools shall honor a transfer request made at any time during the classified employee’s employment with that school district or county superintendent of schools.SECTION 1. Section 8800 of the Education Code is amended to read: 8800.
Bill Title: School employees: transfer of leave of absence for illness or injury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-07-03 - From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR. [AB2134 Detail]
Download: California-2023-AB2134-Amended.html
|
Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2134
| Introduced by Assembly Member Muratsuchi |
February 06, 2024 |
An act to amend Section 8800 Sections 44979, 45202, and 47610 of the Education Code, relating to pupil health. school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2134, as amended, Muratsuchi.
The Healthy Start Support Services for Children Act. School employees: transfer of leave of absence for illness or injury.
Existing law provides that a certificated employee of a school district and a classified employee of a school district, county superintendent of schools, or community college district who meets specified criteria involving employment with another school district, county superintendent of schools, or community college district is entitled to have their total earned amount of leave of absence for illness or injury transferred to the 2nd employing school district, county superintendent of schools, or community college district, as specified.
This bill would require the employing school district, county superintendent of schools, or community college district
receiving an employee’s transfer of leave of absence for illness or injury to honor the transfer request at any time during the employee’s employment with the 2nd employing district or county superintendent of schools. The bill would define “school district” for these purposes to include a county office of education and a charter school. By imposing additional duties on county offices of education and charter schools, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the
state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The Healthy Start Support Services for Children Act, to the extent funding is made available, establishes a grant program whereby the Superintendent of Public Instruction awards grants to local educational agencies or consortia for the costs of planning and operating programs in qualifying schools that provide support services to eligible pupils and their families, as specified.
This bill would make nonsubstantive changes to the statute naming the act.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 44979 of the Education Code is amended to read:44979.
(b) The State Board of Education shall adopt rules and regulations prescribing the manner in which the first district shall certify to the second district the total amount number of days of leave of absence for illness or injury to be transferred. No governing
(c) The governing board shall not adopt any a policy or rule, written or unwritten, which that requires any a certificated employee transferring to its district to waive
any part or all of the leave of absence which he or she that the certificated employee may be entitled to have transferred in accordance with pursuant to this section.
(d) For purposes of this section, “school district” includes a county office of education and a charter school.
SEC. 2.
Section 45202 of the Education Code is amended to read:45202.
In any
(b) In a
case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board of the school district or the county superintendent of schools newly employing the employee.
All
(c) All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the employing entity, be construed to have been served in the school district or county superintendent of schools of employment for seniority purposes, except that the
previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the board.
No
(d) The governing board of a school district shall not adopt any a policy or rule, written or unwritten, which requires all classified employees, or any individual
classification, or group of classifications of employees transferring to its district to waive any part or all benefits which that
they may be entitled to have transferred in accordance with pursuant to this section.
This
(e) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
(f) For purposes of this section, “school district” includes a county office of education and a charter school.
SEC. 3.
Section 47610 of the Education Code is amended to read:47610.
A charter school shall comply with this part and all of the provisions set forth in its charter, but is otherwise exempt from the laws governing school districts, except all of the following:(a) As specified in Section 47611.
(b) As specified in Section 41365.
(c) All laws establishing minimum age for public school attendance.
(d) (1) The California Building Standards Code (Part 2 (commencing with Section 101) of Title 24
of the California Code of Regulations), as adopted and enforced by the local building enforcement agency with jurisdiction over the area in which the charter school is located.
(e)
(2) Charter school facilities shall comply with this subdivision (d) by January 1, 2007.
(e) As specified in Sections 44979 and 45202.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.This chapter shall be known, and may be cited, as the Healthy Start Support Services for Children Act.
