Bill Text: CA SB559 | 2013-2014 | Regular Session | Amended
Bill Title: Certificated employees: layoff notices.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-15 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB559 Detail]
Download: California-2013-SB559-Amended.html
BILL NUMBER: SB 559 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 8, 2014
INTRODUCED BY Senator Huff
FEBRUARY 22, 2013
An act to amend Sections 44949 1296,
44929.21, 44949, and 44955 of the Education Code, and to
amend Section 3543.2 of the Government Code, relating to school
employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 559, as amended, Huff. Certificated employees: layoff notices.
Existing
(1) Existing law
requires that, when requires the superintendent of a
school district, if a reduction in the number of certificated
employees employed by a school district is authorized for specified
reasons, to give written notice, by no later than March 15, to
the governing board of the school district and the employee that it
has been recommended that a notice of termination be given to the
employee. Existing law requires, if an employee requests a hearing to
oppose a termination pursuant to these provisions, that a copy of
the proposed decision be provided to the employee on or before May 7.
Existing law further requires the notice of termination
of the services of an employee in the subsequent school year
be given to the employee before May 15. Existing
law further requires the superintendent of the school district to
give written notice, no later than March 15, to the governing board
of the school district and the employee that it has been recommended
that the notice of termination described above be given to the
employee.
This bill would revise the deadline for the notice of
termination of services to the employee to before August 1, and would
revise the deadline for the notice the superintendent of a school
district is required to provide to no later than June 1. The bill
delay these deadlines to May 15 , June 7
, and June 15 , respectively, and would
make various findings and declarations relating to the issuance of
the these notices specified
above .
(2) Existing law gives public school employee organizations the
right to represent their members in their employment relations with
public school employers, and limits the scope of representation to
matters relating to wages, hours of employment, and other terms and
conditions of employment, as defined. Existing law requires the
public school employer and the exclusive representative, upon request
of either party, to meet and negotiate regarding the procedures and
criteria for reduction in workforce, but provides statutory
procedures and criteria to apply if the public school employer and
the exclusive representative do not reach a mutual agreement.
This bill would require the public school employer and the
exclusive representative, upon request of the public school employer,
to also meet and negotiate regarding the revised deadlines described
above.
(3) Existing law provides that, after a certificated employee of a
school district or a county superintendent of schools with an
average daily attendance of 250 or more completes 2 consecutive years
of employment and is reelected for the next succeeding school year
to a position requiring certification, the employee becomes and is
classified as a permanent employee of the school district or county
superintendent. Existing law requires the governing board of a school
district or county superintendent to notify the employee on or
before March 15 of the employee's 2nd year of probation of the
decision of the governing board or school district to reelect or not
reelect the employee for the next succeeding school year to the
position.
This bill would delay this deadline to May 15. The bill would
also delete obsolete provisions, update references, and make
nonsubstantive and conforming 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. The Legislature finds and declares all of the
following:
(a)Each
(a) Each year, the May
revision Revision of the proposed state budget,
and the annual Budget Act, provide more predictive information for
purposes of the district's budgetary and personnel decisions than the
January budget proposed by the Governor.
(b) Existing law requires school districts to issue preliminary
reduction in force notices by March 15 and final reduction in force
notices by May 15 of each year.
(c) As a result of this existing law and in order to guarantee
that it they will remain fiscally
solvent, school districts have relied on the January budget proposed
by the Governor to determine the number of layoff notices that
it they must give to its
their employees. This results in thousands of
teachers receiving notices that are later rescinded when more
accurate information is available in May when the proposed budget is
revised and later when the annual Budget Act is enacted.
(d) According to the Legislative Analyst
Analyst's Office, this practice unnecessarily costs taxpayers
$706 per teacher, amounting to millions of dollars annually that
could be spent in the classroom and employing teachers.
(e) Given the evidence that the existing statutory deadlines hurt
schools across the State of California,
state, it will be more productive for the schools, pupils, and
teachers if the deadlines for giving notice to certificated employees
that the school district may terminate their services are
extended by two and one-half months. appropriately
extended.
SEC. 2. Section 44949 of the Education Code is
amended to read:
44949. (a) (1) No later than June 1 and before an employee is
given notice by the governing board that his or her services will not
be required for the ensuing year for the reasons specified in
Section 44955, the governing board and the employee shall be given
written notice by the superintendent of the district or his or her
designee, or in the case of a district that has no superintendent by
the clerk or secretary of the governing board, that it has been
recommended that the notice be given to the employee, and stating the
reasons for the notice.
(2) Until the employee has requested a hearing as provided in
subdivision (b) or has waived his or her right to a hearing, the
notice and the reasons for the notice shall be confidential and shall
not be divulged by any person, except as may be necessary in the
performance of duties. However, a violation of this requirement of
confidentiality, in and of itself, shall not in any manner be
construed as affecting the validity of any hearing conducted pursuant
to this section.
(b) The employee may request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year. A request
for a hearing shall be in writing and shall be delivered to the
person who sent the notice pursuant to subdivision (a), on or before
a date specified in that subdivision, which shall not be less than
seven days after the date on which the notice is served upon the
employee. If an employee fails to request a hearing on or before the
date specified, his or her failure to do so shall constitute his or
her waiver of his or her right to a hearing. The notice provided for
in subdivision (a) shall advise the employee of the provisions of
this subdivision.
(c) If a hearing is requested by the employee, the proceeding
shall be conducted and a decision made in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code and the governing board shall have all the power
granted to an agency therein, except that all of the following shall
apply:
(1) The respondent shall file his or her notice of defense, if
any, within five days after service upon him or her of the accusation
and he or she shall be notified of this five-day period for filing
in the accusation.
(2) The discovery authorized by Section 11507.6 of the Government
Code shall be available only if request is made therefor within 15
days after service of the accusation, and the notice required by
Section 11505 of the Government Code shall so indicate.
(3) The hearing shall be conducted by an administrative law judge
who shall prepare a proposed decision, containing findings of fact
and a determination as to whether the charges sustained by the
evidence are related to the welfare of the schools and the pupils
thereof. The proposed decision shall be prepared for the governing
board and shall contain a determination as to the sufficiency of the
cause and a recommendation as to disposition. However, the governing
board shall make the final determination as to the sufficiency of the
cause and disposition. None of the findings, recommendations, or
determinations contained in the proposed decision prepared by the
administrative law judge shall be binding on the governing board.
Nonsubstantive procedural errors committed by the school district or
governing board of the school district shall not constitute cause for
dismissing the charges unless the errors are prejudicial errors.
Copies of the proposed decision shall be submitted to the governing
board and to the employee on or before July 24 of the year in which
the proceeding is commenced. All expenses of the hearing, including
the cost of the administrative law judge, shall be paid by the
governing board from the district funds.
The board, from time to time, may adopt rules and procedures
consistent with this section as may be necessary to effectuate this
section.
(d) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.
(e) If after request for hearing pursuant to subdivision (b) any
continuance is granted pursuant to Section 11524 of the Government
Code, the dates prescribed in subdivision (c) that occur on or after
the date of granting the continuance and the date prescribed in
subdivision (c) of Section 44955 that occurs after the date of
granting the continuance shall be extended for a period of time equal
to the continuance.
SEC. 2. Section 1296 of the Education
Code is amended to read:
1296. (a) If the average daily attendance of the schools and
classes maintained by a county superintendent of schools is 250 or
more, each person who, after being employed for three complete
consecutive school years by the superintendent in a teaching position
in those schools or classes requiring certification qualifications
and whose salary is paid from the county school service fund, is
reelected for the next succeeding school year to such a position in
those schools or classes, shall be classified as and become a
permanent employee of the county superintendent of schools.
Such an employee shall have the same rights and duties as
employees of school districts to which Section 44882 applies.
Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to
these employees.
This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.
(b)
1296. (a) If the average daily
attendance of the schools and classes maintained by a county
superintendent of schools is 250 or more, each person who, after
being employed for two complete consecutive school years by the
county superintendent of schools in a teaching
position in those schools or classes requiring certification
qualifications and whose salary is paid from the county school
service fund, is reelected for the next succeeding school year to
such a position in those schools or classes, shall be classified as
and become a permanent employee of the county superintendent of
schools.
The
(b) The county superintendent of
schools shall notify the employee, on or before March
May 15 of the employee's second complete
consecutive year of employment by the county
superintendent of schools in a teaching position in
schools or classes maintained by the county superintendent
of schools requiring certification qualifications, of the
decision to reelect or not reelect the employee for the next
succeeding school year to such a position in those schools.
In the event that If the county superintendent
of schools does not give notice pursuant to this section
on or before March May 15, the employee
shall be deemed reelected for the next succeeding school year.
Such an
(c) An employee described in
subdivision (a) shall have the same rights and duties as
employees of school districts to which Section 44882
44929.21 applies. Sections 44841,
44842, 44882, 44929.21,
44948.3, and 44948.5 are applicable to these employees.
This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
(c)
(d) As used in this section, "teaching position" means
any certificated position designated as of January 1, 1983, by the
county board of education or the county superintendent of schools as
a teaching position for the purpose of granting probationary or
permanent status.
SEC. 3. Section 44929.21 of the
Education Code is amended to read:
44929.21. (a) Every employee of a school district of any type or
class having an average daily attendance of 250 or more who, after
having been employed by the district for three complete consecutive
school years in a position or positions requiring certification
qualifications, is reelected for the next succeeding school year to a
position requiring certification qualifications shall, at the
commencement of the succeeding school year be classified as and
become a permanent employee of the district.
This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.
(b) Every
44929.21. (a) An
employee of a school district of any type or class having an average
daily attendance of 250 or more who, after having been employed by
the district for two complete consecutive school years in a position
or positions requiring certification qualifications, is reelected for
the next succeeding school year to a position requiring
certification qualifications shall, at the commencement of the
succeeding school year be classified as and become a permanent
employee of the school district.
The
(b) The governing board of
the school district shall notify the employee, on or before
March May 15 of the employee's second
complete consecutive school year of employment by the school
district in a position or positions requiring certification
qualifications, of the decision to reelect or not reelect the
employee for the next succeeding school year to the position. In the
event that the governing board of the school district does
not give notice pursuant to this section on or before March
May 15, the employee shall be deemed reelected
for the next succeeding school year.
This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
SEC. 4. Section 44949 of the Education
Code is amended to read:
44949. (a) (1) No later than March May
15 and before an employee is given notice by the governing
board of the school district that his or her services will
not be required for the ensuing year for the reasons specified in
Section 44955, the governing board of the school district
and the employee shall be given written notice by the superintendent
of the school district or his or her designee, or in the
case of a school district that has no superintendent by the clerk or
secretary of the governing board, board of the
school district, that it has been recommended that the notice
be given to the employee, and stating the reasons therefor.
(2) Until the employee has requested a hearing as provided in
subdivision (b) or has waived his or her right to a hearing, the
notice and the reasons therefor shall be confidential and shall not
be divulged by any person, except as may be necessary in the
performance of duties. However, the a
violation of this requirement of confidentiality, in and of itself,
shall not in any manner be construed as affecting the validity of any
hearing conducted pursuant to this section.
(b) The employee may request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year. A request
for a hearing shall be in writing and shall be delivered to the
person who sent the notice pursuant to subdivision (a), on or before
a date specified in that subdivision, which shall not be less than
seven days after the date on which the notice is served upon the
employee. If an employee fails to request a hearing on or before the
date specified, his or her failure to do so shall constitute his or
her waiver of his or her right to a hearing. The notice provided for
in subdivision (a) shall advise the employee of the provisions of
this subdivision.
(c) If a hearing is requested by the employee, the proceeding
shall be conducted and a decision made in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code and the governing board of the school
district shall have all the power granted to an agency in that
chapter, except that all of the following shall apply:
(1) The respondent shall file his or her notice of
participation, defense, if any, within five days
after service upon him or her of the District Statement of
Reduction in Force accusation and he or she
shall be notified of this five-day period for filing in the
District Statement of Reduction in Force. accusation.
(2) The discovery authorized by Section 11507.6 of the Government
Code shall be available only if request is made therefor within 15
days after service of the District Statement of Reduction in
Force, accusation, and the notice required by
Section 11505 of the Government Code shall so indicate.
(3) The hearing shall be conducted by an administrative law judge
who shall prepare a proposed decision, containing findings of fact
and a determination as to whether the charges sustained by the
evidence are related to the welfare of the schools and the pupils of
the schools. The proposed decision shall be prepared for the
governing board of the school district and shall contain a
determination as to the sufficiency of the cause and a
recommendation as to disposition. However, the governing board of
the school district shall make the final determination as to
the sufficiency of the cause and disposition. None of the findings,
recommendations, or determinations contained in the proposed decision
prepared by the administrative law judge shall be binding on the
governing board. board of the school
district. Nonsubstantive procedural errors committed by the
school district or governing board of the school district shall not
constitute cause for dismissing the charges unless the errors are
prejudicial errors. Copies of the proposed decision shall be
submitted to the governing board of the school district
and to the employee on or before May June
7 of the year in which the proceeding is commenced. All
expenses of the hearing, including the cost of the administrative law
judge, shall be paid by the governing board of the school
district from the school district funds.
(d) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.
(e) If after a request for a hearing pursuant to
subdivision (b) a continuance is granted pursuant to Section 11524 of
the Government Code, the dates prescribed in subdivision (c) that
occur on or after the date of granting the continuance and the date
prescribed in subdivision (c) of Section 44955 that occurs after the
date of granting the continuance shall be extended for a period of
time equal to the continuance.
(f) The governing board of a school district may adopt
from time to time rules and procedures not inconsistent with this
section as may be necessary to effectuate this section.
SEC. 3. SEC. 5. Section 44955 of the
Education Code is amended to read:
44955. (a) No permanent employee shall be deprived of his or her
position for causes other than those specified in Sections 44907 and
44923, and Sections 44932 to 44947, inclusive, and no probationary
employee shall be deprived of his or her position for cause other
than as specified in Sections 44948 to 44949, inclusive.
(b) (1) Whenever If in any school
year the average daily attendance in all of the schools of a
school district for the first six months in which school is in
session shall have declined below the corresponding period of either
of the previous two school years, whenever if
the governing board of a school district determines
that attendance in a the school
district will decline in the following year as a result of the
termination of an interdistrict education agreement as set forth in
Section 46304, whenever if a particular
kind of service is to be reduced or discontinued not later than the
beginning of the following school year, or whenever
if the amendment of state law requires the
modification of curriculum, and when in the opinion of the governing
board of the a school district it shall
have become necessary by reason of any of these conditions to
decrease the number of permanent employees in the school
district, the governing board of the school district may
terminate the services of not more than a corresponding percentage of
the certificated employees of the school district,
permanent as well as probationary, at the close of the school year.
Except as otherwise provided by statute, the services of a permanent
employee shall not be terminated under this section while any
probationary employee, or any other employee with less seniority, is
retained to render a service that the permanent employee is
certificated and competent to render.
(2) In computing a decline in average daily attendance for
purposes of this section for a newly formed or reorganized school
district, each school of the school district shall be
deemed to have been a school of the newly formed or reorganized
school district for both of the two previous school years.
(3) As between employees who first rendered paid service to the
school district on the same date, the governing board of the
school district shall determine the order of termination solely
on the basis of needs of the school district and the pupils of the
school district. Upon the request of an employee whose
order of termination is determined, the governing board of the s
chool district shall furnish in writing no later
than five days prior to before the
commencement of the hearing held in accordance with Section 44949 a
statement of the specific criteria used in determining the order of
termination and the application of the criteria in ranking each
employee relative to the other employees in the group. This
requirement that the governing board of the school district
provide, on request, a written statement of reasons for
determining the order of termination shall not be interpreted to give
affected employees any legal right or interest that would not exist
without that requirement.
(c) (1) Notice of termination of services shall be given before
August 1 June 15 in the manner
prescribed in Section 44949, and services of those employees shall be
terminated in the inverse of the order in which they were employed,
as determined by the governing board of the school
district in accordance with Sections 44844 and 44845. If a
permanent or probationary employee is not given the notices and a
right to a hearing as provided for in Section 44949, he or she shall
be deemed reemployed for the ensuing school year.
(2) The governing board of a school district shall make
assignments and reassignments in such a manner that employees shall
be retained to render any service that their seniority and
qualifications entitle them to render. However, prior to
before assigning or reassigning any
a certificated employee to teach a subject that
he or she has not previously taught, and for which he or she does not
have a teaching credential or that is not within the employee's
major area of postsecondary study or the equivalent thereof, the
governing board of the school district shall require the
employee to pass a subject matter competency test in the appropriate
subject.
(d) Notwithstanding subdivision (b), a school district may deviate
from terminating a certificated employee in order of seniority for
either of the following reasons:
(1) The school 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 certificated 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.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.
SEC. 6. Section 3543.2 of the
Government Code is amended to read:
3543.2. (a) The scope of representation shall be limited to
matters relating to wages, hours of employment, and other terms and
conditions of employment. "Terms and conditions of employment" mean
health and welfare benefits as defined by Section 53200, leave,
transfer and reassignment policies, safety conditions of employment,
class size, procedures to be used for the evaluation of employees,
organizational security pursuant to Section 3546, procedures for
processing grievances pursuant to Sections 3548.5, 3548.6, 3548.7,
and 3548.8, the layoff of probationary certificated school district
employees, pursuant to Section 44959.5 of the Education Code, and
alternative compensation or benefits for employees adversely affected
by pension limitations pursuant to former Section 22316
of the Education Code, as that section read on December 31,
1999, to the extent deemed reasonable and without violating the
intent and purposes of Section 415 of the Internal Revenue Code. In
addition, the exclusive representative of certificated personnel has
the right to consult on the definition of educational objectives, the
determination of the content of courses and curriculum, and the
selection of textbooks to the extent such matters are within the
discretion of the public school employer under the law. All matters
not specifically enumerated are reserved to the public school
employer and may not be a subject of meeting and negotiating,
provided that nothing herein may be construed to limit the right of
the public school employer to consult with any employees or employee
organization on any matter outside the scope of representation.
(b) Notwithstanding Section 44944 of the Education Code, the
public school employer and the exclusive representative shall, upon
request of either party, meet and negotiate regarding causes and
procedures for disciplinary action, other than dismissal, including a
suspension of pay for up to 15 days, affecting certificated
employees. If the public school employer and the exclusive
representative do not reach mutual agreement, then the
provisions of Section 44944 of the Education Code shall
apply.
(c) Notwithstanding Section 44955 of the Education Code, the
public school employer and the exclusive representative shall, upon
request of either party, meet and negotiate regarding procedures and
criteria for the layoff of certificated employees for lack of funds.
If the public school employer and the exclusive representative do not
reach mutual agreement, then the provisions of
Section 44955 of the Education Code shall apply.
(d) Notwithstanding Sections 44949 and 44955 of the Education
Code, the public school employer and the exclusive representative
shall, upon request of the public school employer, meet and negotiate
regarding changes to the deadlines for actions specified in Sections
44949 and 44955. If the public school employer and the exclusive
representative do not reach a mutual agreement, then Sections 44949
and 44955 of the Education Code shall apply.
(d)
(e) Notwithstanding Section 45028 of the Education
Code, the public school employer and the exclusive representative
shall, upon request of either party, meet and negotiate regarding the
payment of additional compensation based upon criteria other than
years of training and years of experience. If the public school
employer and the exclusive representative do not reach mutual
agreement, then the provisions of Section 45028 of
the Education Code shall apply.
(e)
(f) Pursuant to Section 45028 of the Education Code,
the public school employer and the exclusive representative shall,
upon the request of either party, meet and negotiate a salary
schedule based on criteria other than a uniform allowance for years
of training and years of experience. If the public school employer
and the exclusive representative do not reach mutual agreement, then
the provisions of Section 45028 of the Education
Code requiring a salary schedule based upon a uniform allowance for
years of training and years of experience shall apply. A salary
schedule established pursuant to this subdivision shall not result in
the reduction of the salary of any teacher.
