Today's Law As Amended


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AB-2240 Elementary and secondary education: school employees.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 35035 of the Education Code is amended to read:

35035.
 The superintendent of each school district shall, in addition to other powers and duties granted to or imposed upon him or her:
(a) Be the chief executive officer of the governing board of the school district.
(b) Except in a school district where the governing board of the school district  has appointed or designated an employee other than the superintendent, or a deputy, or assistant superintendent, to prepare and submit a budget, prepare and submit to the governing board of the school district, at the time it may direct, the budget of the school district for the next ensuing school year, and revise and take other action in connection with the budget as the governing board of the school district may desire.
(c) Be responsible for the preparation and submission to the governing board of the school district, at the time the governing board may direct, the local control and accountability plan of the school district for the subsequent school year, and revise and take other action in connection with the local control and accountability plan as the governing board of the school district may desire.
(d) Except in a school district where the governing board of the school district  has appointed or designated an employee other than the superintendent, or a deputy, or assistant superintendent, ensure that the local control and accountability plan is implemented.
(e) Subject to the approval of the governing board of the school district, assign all employees of the school district employed in positions requiring certification qualifications to the positions in which they are to serve. This power to assign includes the power to transfer a teacher from one school to another school at which the teacher is certificated to serve within the school district when the superintendent concludes that the transfer is in the best interest of the school district. pupils. 
(f) Upon adoption adoption,  by the school district  governing  board of the school district, of  a school district policy concerning transfers of teachers from one school to another school within the school district, have authority to transfer teachers consistent with that policy.
(g) Determine that each employee of the school district in a position requiring certification qualifications has a valid certificated document registered as required by law authorizing him or her to serve in the position to which he or she is assigned.
(h) Enter into contracts for and on behalf of the school district pursuant to Section 17604.
(i) Submit financial and budgetary reports to the governing board of the school district as required by Section 42130.

SEC. 2.

 Section 44955 of the Education Code is amended to read:

44955.
 (a) No A  permanent employee shall not  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 a  probationary employee shall not  be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive.
(b) Whenever (1)  If  in any a  school year the average daily attendance in all of the schools of a school  district for the first six months in which  that  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 school  district will decline in the following year as a result of the termination of an interdistrict tuition agreement as defined described  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  if the  governing board of the school  district it shall have become  determines it  necessary by reason of any of these conditions to decrease the number of permanent employees in the school  district, the governing board 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 no a  permanent employee may not  be terminated under the provisions of  this section while any a  probationary employee, or any other employee with less seniority, is retained to render a service which said that the  permanent employee is certificated and competent to render.
(2)  In computing a decline in average daily attendance for purposes of this section subdivision  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 students thereof.  pupils.  Upon the request of any an  employee whose order of termination is so determined, the governing board of the school 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 The  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 such a  the  requirement.
(c) (1)  Notice of such the  termination of services shall be given before the 15th of May in the manner prescribed in  May 15 pursuant to  Section 44949, and services of such those  employees shall be terminated in the inverse of the order in which they were employed, as determined by the board  governing board of the school district  in accordance with the provisions of Sections 44844 and 44845. In the event that  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 the school district  shall make assignments and reassignments in such  a manner that employees shall be retained to render any service which that  their seniority and qualifications entitle them to render. However, prior to  before  assigning or reassigning any a  certificated employee to teach a subject which that  he or she has not previously taught, and for which he or she does not have a teaching credential or which 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 services that  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. law as it applies to pupils. 

SEC. 3.

 Section 44956 of the Education Code is amended to read:

44956.
 Any A  permanent employee whose services have been terminated as provided in Section 44955 shall have the following rights:
(a) For the period of 39 months from the date of the  termination, any an  employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, in the order of original employment as determined by the board  governing board of the school district  in accordance with Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service; provided, that no a  probationary or other employee with less seniority shall not  be employed to render a service that the employee is certificated and competent to render. However, prior to  before  reappointing any an  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.
(b) The right to reappointment described in subdivision (a) may be waived by the employee, without prejudice, for not more than one school year, unless the board  governing board of the school district  extends this right, but the that  waiver shall not deprive the employee of his or her right to subsequent offers of reappointment.
(c) Notwithstanding subdivision (a), a school district may deviate from reappointing 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 employee has special training and experience necessary to teach that course or course of study, or to provide those services, that 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. law as it applies to pupils. 
(d) As to any  For an  employee who is reappointed, the period of his or her absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her service, he or she shall retain the classification and order of employment he or she had when  at the time  his or her services were terminated, and credit for prior service under any a  state or school  district retirement system shall not be affected by such the  termination, but the period of his or her absence shall not count  be counted  as a part of the service required for retirement.
(e) During the period of his or her  an employee’s  preferred right to reappointment, an the  employee shall, in the order of original employment, be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty; provided, that his or her services may be terminated upon the return to duty of the other employee and that the  substitute service shall not affect the retention of his or her previous classification and rights. If, in any a  school year the employee serves as a substitute in any a  position requiring certification for 21 days or more within a period of 60 schooldays, the compensation the employee receives for substitute service in that 60-day period, including his or her first 20 days of substitute service, shall be not less than the amount the employee would receive if he or she were being reappointed.
(f) (1) During the period of the employee’s preferred right to reappointment, the governing board of the school  district, if it is also the governing board of one or more other school  districts, may assign him or her  the employee  to service, which that  he or she is certificated and competent to render, in another  the other  district or districts; provided, that the compensation he or she receives therefor  the employee receives  may, in the discretion of the governing board,  board of the school district,  be the same as he or she  the employee  would have received had he or she been serving in the school  district from which his or her services were terminated, that his or her  the employee’s services were terminated. The employee’s  service in the other school  district or districts shall be counted toward the period required for both state and local retirement as though rendered in the school  district from which his or her services were terminated, and that no  the employee’s services were terminated. The employee shall not displace any  permanent employee in the other district or districts shall be displaced by him or her. school district or school districts. 
(2) It is the intent of this subdivision that the employees of a school district, the governing board of which is also the governing board of one or more other school districts, shall not be at a disadvantage as compared with employees of a unified school district.
(g) At any time prior to  Before  the completion of one year after his or her return to service, he or she  an employee  may continue or make up, with interest, his or her own contributions to any a  state or school  district retirement system, for the period of his or her absence, but it shall not be obligatory on the  state or school  district to match those contributions.
(h) Should he or she become  If the employee becomes  disabled or reach reaches  retirement age at any time  before his or her return to service, he or she  the employee  shall receive, in any state or school  district retirement system of which he or she  the employee  was a member, all benefits to which he or she would have been entitled had such event occurred at the time of his or her termination of service, plus any benefits he or she may have qualified for thereafter, as though still employed.

SEC. 4.

 Section 44957 of the Education Code is amended to read:

44957.
 Any A  probationary employee whose services have been terminated as provided in Section 44955 shall have the following rights:
(a) For the period of 24 months from the date of such  termination, any an  employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, subject to the prior rights to reappointment by all permanent employees as set forth in Section 44956, in the order of original employment as determined by the governing board of the school district  in accordance with the provisions of  Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service. Except as otherwise provided, no a  probationary or temporary employee with less seniority shall not  be employed to render a service which such that the  employee is certificated and competent to render and provided that such an  the  employee shall be given a priority over employees whose right to a position is derived pursuant to Section 44918. However, prior to  before  reappointing any an  employee to teach a subject which that  he or she has not previously taught, and for which he or she does not have a teaching credential or which 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.
(b) Notwithstanding subdivision (a), a school district may deviate from reappointing a probationary 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 employee has special training and experience necessary to teach that course or course of study, or to provide those services, which that  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. law as it applies to pupils. 
(c) As to any such  For an  employee who is reappointed, the period of his or her  absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his or her  service, he or she  shall retain the classification and order of employment he had when his  or she had at the time his or her  services were terminated, and credit for prior service under any a  state or school  district retirement system shall not be affected by such the  termination; provided, however, that the period of his or her  absence shall not be counted as a part of the service required for attaining permanent status in the school  district or, except as provided in subdivision (e), for retirement purposes.
(d) During the period of his  an employee’s  preferred right to reappointment, any such  the  employee shall, in the order of original employment, and subject to the rights of permanent employees as set forth in Section 44956, be offered prior opportunity for substitute service during the absence of any other employee who has been granted leave of absence or who is temporarily absent from duty; provided, that his or her  services may be terminated upon a return to duty of such the  other employee, that such  the  substitute service shall not affect the retention of his or her  previous classification and rights, and that such an  the  employee shall be given a priority over employees whose right to a substitute position is derived pursuant to Section 44918.
(e) At any time prior to  Before  the completion of one year after his or her  return to service, an employee reappointed under the provisions of this section may elect to continue or to reinstate his or her  membership and interest in any a  state or district retirement system and to receive retirement benefits as if no absence from service had occurred. In the event of such election that election,  the employee shall pay into the retirement system the amount of his or her  share of contribution and the school  district’s share of contribution attributable to the period of absence and the amount of any contributions withdrawn, plus interest.
SEC. 5.
 It is the intent of the Legislature that if the amendments made to Section 35035 by this act conflict with the terms of a collective bargaining agreement entered into between a public employer and an exclusive bargaining representative, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the amendments shall not apply to the public employers or public employees subject to that collective bargaining agreement.
SEC. 6.
 The Legislature finds and declares that the amendments made to Sections 44955, 44956, and 44957 of the Education Code by this act are declaratory of existing law.