Bill Text: CA AB2307 | 2011-2012 | Regular Session | Amended
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-Amended.html
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-Amended.html
BILL NUMBER: AB 2307 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 5, 2012
AMENDED IN ASSEMBLY MARCH 22, 2012
INTRODUCED BY Assembly Member Butler
FEBRUARY 24, 2012
An act to amend Sections 45101, 45113, 88001,
45298 and 88013 88117 of the
Education Code, relating to classified school
employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2307, as amended, Butler. Classified school employees.
School employees: reemployment.
Existing law requires that persons laid off because of lack of
work or lack of funds in a school district or community college
district that has adopted the merit system be eligible for
reemployment for a period of 39 months, as specified.
This bill would require a person who is reemployed in a new
position and fails to complete the probationary period in the new
position be returned to the reemployment list for the remainder of
the 39-month period, as specified. The bill also would make
nonsubstantive changes to these provisions.
Existing law requires the governing board of a school district to
employ persons for positions not requiring certification
qualifications and the governing board of a community college
district to employ persons for positions that are not academic
positions. Existing law requires the governing board of a school
district and the governing board of a community college district 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 and the governing board of a community
college 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 public school
employer or community college 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
or community college district. The bill also would provide that a
permanent employee who passes the prescribed period of probation
remains a permanent employee of the school district or community
college 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 45298 of the
Education Code is amended to read:
45298. (a) Persons
A person laid off because of lack of work or lack of funds
are shall be eligible to
for reemployment for a period of 39 months
and shall be reemployed in preference to as
follows:
(1) The person's reemployment shall
take preference over new applicants. In addition, such
persons laid off have
(2) The person shall have the
right to participate in promotional examinations within the district
during the period of 39 months.
(3) If the person is reemployed in a new position and fails to
complete the probationary period in the new position, he or she shall
be returned to the reemployment list for the remainder of the
39-month period. The remaining time period shall be calculated as the
time remaining in the 39-month period as of the date of
reemployment.
Employees
(b) An employee who take
takes a voluntary demotions
demotion or a voluntary reductions
reduction in assigned time in lieu of layoff or
to remain in their his or her present
positions position rather than be
reclassified or reassigned, shall be granted the same rights as
persons laid off and shall retain eligibility to be considered for
reemployment for an additional period of up to 24 months;
months, provided , that the
same tests of fitness under which they the
employee qualified for appointment to the class shall
still apply. The personnel commission shall make the
determination of the specific period eligibility for reemployment on
a class-by-class basis.
Employees
(c) An e mployee who
take takes a voluntary
demotions demotion or a voluntary
reductions reduction in assigned time
in lieu of layoff shall be, at the option of the employee, returned
to a position in their his or her
former class or to positions a position
with increased assigned time as vacancies become available, and
without limitation of time, but if there is a valid reemployment list
they the employee shall be ranked on
that list in accordance with their his or her
proper seniority.
SEC. 2. Section 88117 of the Education
Code is amended to read:
88117. (a) Persons
A person laid off because of lack of work or lack of funds
are shall be eligible to
for reemployment for a period of 39 months
and shall be reemployed in preference to as
follows:
(1) The person's reemployment shall
take preference over new applicants. In addition, such
persons laid off have
(2) The person shall have the
right to participate in promotional examinations within the district
during the period of 39 months.
(3) If the person is reemployed in a new position and fails to
complete the probationary period in the new position, he or she shall
be returned to the reemployment list for the remainder of the
39-month period. The remaining time period shall be calculated as the
time remaining in the 39-month period as of the date of
reemployment.
Employees
(b) An employee who take
takes a voluntary demotions
demotion or a voluntary reductions
reduction in assigned time in lieu of layoff or
to remain in their his or her present
positions position rather than be
reclassified or reassigned, shall be granted the same rights as
persons laid off and shall retain eligibility to be considered for
reemployment for an additional period of up to 24 months ;
, provided , that the same
tests of fitness under which they the
employee qualified for appointment to the class shall
still apply. The personnel commission shall make the
determination of the specific period of eligibility for reemployment
on a class-by-class basis.
Employees
(c) An employee who take
takes a voluntary demotions
demotion or a voluntary reductions
reduction in assigned time in lieu of layoff
shall be, at the option of the employee, returned to a position in
their his or her former class or to
positions a position with increased
assigned time as vacancies become available, and without limitation
of time, but if there is a valid reemployment list they
the employee shall be ranked on that list in
accordance with their his or her proper
seniority. All matter omitted in this version of the bill appears in
the bill as amended in the Assembly, March 22, 2012. (JR11)
