Bill Text: CA AB2307 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: School employees: reemployment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-26 - Chaptered by Secretary of State - Chapter 586, Statutes of 2012. [AB2307 Detail]

Download: California-2011-AB2307-Introduced.html

---

BILL NUMBER: AB 2307	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Butler

                        FEBRUARY 24, 2012

   An act to amend Sections 45101 and 45113 of the Education Code,
relating to classified school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2307, as introduced, Butler. Classified school employees.
   Existing law requires the governing board of a school district to
employ persons for positions not requiring certification
qualifications and to classify those employees and positions and
requires that they be known as the classified service. Existing law
requires the governing board of a school district to prescribe
written rules and regulations governing the personnel management of
the classified service whereby classified employees are designated as
permanent employees of the district after serving a prescribed
period of probation that is prohibited from exceeding one year.
Existing law defines a permanent classified employee for purposes of
provisions governing the classified service.
   This bill would change the definition of "permanent employee." The
bill would define a permanent employee to mean an employee who has
served the prescribed period of probation and would provide that a
permanent employee remains a permanent employee of the school
district when the employee is moved to another classification. The
bill would provide that if a permanent employee is placed on a
reemployment list after his or her services are terminated and the
employee is subsequently reemployed, the employee continues being a
permanent employee of the school district. The bill also would
provide that a permanent employee who passes probation remains a
permanent employee of the school district when the employee moves to
another classification.
   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 45101 of the Education Code is amended to read:

   45101.  Definitions as used in this chapter:
   (a) "Classification" means that each position in the classified
service shall have a designated title, a regular minimum number of
assigned hours per day, days per week, and months per year, a
specific statement of the duties required to be performed by the
employees in  each such   the  position,
and the regular monthly salary ranges for each  such
 position.
   (b) "Permanent" as used in the phrase "permanent employee"
 includes tenure in the classification in which the employee
passed the required probationary period, and includes all of the
incidents of that classification   means an employee who
has served the prescribed period of probation. A permanent employee
remains a permanent employee of the district when the employee is
moved to another classification. A permanent employee who is placed
on a reemployment list and is subsequently reemployed in the same
school district that placed him or her on the reemployment list
continues being a permanent employee when reemployed  .
   (c) "Regular" as used in the phrase "regular classified employee"
or any similar phrase, refers to a classified employee who has
probationary or permanent status.
   (d) "Demotion" means assignment to an inferior position or status,
without the employee's written voluntary consent.
   (e) "Disciplinary action" includes any action whereby an employee
is deprived of any classification or any incident of any
classification in which he has permanence, including dismissal,
suspension, demotion, or any reassignment, without his voluntary
consent, except a layoff for lack of work or lack of funds.
   (f) "Reclassification" means the upgrading of a position to a
higher classification as a result of the gradual increase of the
duties being performed by the incumbent in such position.
   (g) "Layoff for lack of funds or layoff for lack of work" includes
any reduction in hours of employment or assignment to a class or
grade lower than that in which the employee has permanence,
voluntarily consented to by the employee, in order to avoid
interruption of employment by layoff.
   (h) "Cause" relating to disciplinary actions against classified
employees means those grounds for discipline, or offenses, enumerated
in the law or the written rules of a public school employer.
 No disciplinary action may   Disciplinary
action shall not  be maintained for any "cause" other than as
defined herein.
    The provisions of this   This  section
shall not apply to school districts to which the provisions of
Article 6 (commencing with Section 45240) of this chapter are
applicable.
    The provisions of this   This  section
shall not apply to any school district  which  
that  , during the 1973-74 school year, had an average daily
attendance of 100,000 or more.
  SEC. 2.  Section 45113 of the Education Code is amended to read:
   45113.  (a) The governing board of a school district shall
prescribe written rules and regulations, governing the personnel
management of the classified service, which shall be printed and made
available to employees in the classified service, the public, and
those concerned with the administration of this section, whereby
these employees are designated as permanent employees of the district
after serving a prescribed period of probation which shall not
exceed one year.  A permanent employee who passes probation shall
remain a permanent employee of the school district when the employee
moves to another classification.  A permanent employee who
accepts a promotion and fails to complete the probationary period for
that promotional position  ,  shall be employed in
the classification from which he or she was promoted.
   (b) Any employee designated as a permanent employee shall be
subject to disciplinary action only for cause as prescribed by rule
or regulation of the governing board, but the governing board's
determination of the sufficiency of the cause for disciplinary action
shall be conclusive.
   (c) The governing board shall adopt rules of procedure for
disciplinary proceedings which shall contain a provision for
informing the employee by written notice of the specific charges
against him or her, a statement of the employee's right to a hearing
on those charges, and the time within which the hearing may be
requested which shall be not less than five days after service of the
notice to the employee, and a card or paper, the signing and filing
of which shall constitute a demand for hearing, and a denial of all
charges. The burden of proof shall remain with the governing board,
and any rule or regulation to the contrary shall be void.
   (d)  No disciplinary   Disciplinary 
  action shall  not  be taken for any cause
 which   that  arose  prior to
  before  the employee's becoming permanent,
 nor   or  for any cause  which
  that  arose more than two years preceding the
date of the filing of the notice of cause unless the cause was
concealed or not disclosed by the employee when it could be
reasonably assumed that the employee should have disclosed the facts
to the employing district.
   (e)  Nothing in this section shall be construed to
  This section does not    prohibit the
governing board, pursuant to the terms of an agreement with an
employee organization under Chapter 10.7 (commencing with Section
3540) of Division 4 of Title 1 of the Government Code, from
delegating its authority to determine whether sufficient cause exists
for disciplinary action against classified employees, excluding
peace officers as defined in Section 830.32 of the Penal Code, to an
impartial third party hearing officer. However, the governing board
shall retain authority to review the determination under the
standards set forth in Section 1286.2 of the Code of Civil Procedure.

   (f) This section shall apply only to districts not incorporating
the merit system as outlined in Article 6 (commencing with Section
45240) of this chapter.