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SB-381 Certificated school employees: reduction in workforce: deviation from order of seniority: career pathway programs.(2015-2016)

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SB381:v98#DOCUMENT

Amended  IN  Senate  April 06, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill No. 381


Introduced by Senator Huff

February 24, 2015


An act to amend Section Sections 44955, 44956, and 44957 of the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


SB 381, as amended, Huff. School Certificated school employees: reduction in workforce: deviation from order of seniority. seniority: career pathway programs.
Under existing law, when certificated school employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. Existing law further provides those employees with a preferred right to reappointment and an opportunity for substitute service in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons, including the school district demonstrating a specified need for personnel to teach a specific course or course of study and the certificated employee having special training and experience necessary to teach that course or course of study, which others with more seniority do not possess.
This bill would authorize that the specific course or course of study, that may allow a school district to deviate from terminating certificated school employees in order of seniority, include career technical education and or career pathway programs, program, and would further authorize that a school district may deviate from the order of seniority to comply with the school district’s local control and accountability plan, as specified. The bill additionally would authorize that the specific course or course of study for which a school district may deviate from the order of seniority for purposes of reappointment of permanent and probationary employees includes, but is not limited to, career technical education or career pathway program. The bill would also make numerous nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 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 in any (1) If in 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 has 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 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 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 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 no a permanent employee may shall 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.

In

(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.

As

(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 of the school district. 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 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 the manner prescribed in May 15 pursuant to Section 44949, and the services of such 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 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.

The

(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 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, including, but not limited to, career technical education or career pathway program, 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 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.
(3) For purposes of maintaining or achieving compliance with the school district’s local control and accountability plan.

SEC. 2.

 Section 44956 of the Education Code is amended to read:

44956.
 Any 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 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 probationary or other employee with less seniority shall be employed to render a service that the employee is certificated and competent to render. However, prior to before reappointing any 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 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, including, but not limited to, career technical education or career pathway program, 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.
(d) As to any 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 his or her services were terminated, and credit for prior service under any 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 as a part of the service required for retirement.
(e) During the period of his or her 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 school year the employee serves as a substitute in any 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 be 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 to service, which he or she is certificated and competent to render, in another said other school district or districts; provided, that the compensation he or she receives therefor for the service may, in the discretion of the governing board, board of the school district, be the same as he or she 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 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 permanent employee in the other school district or districts shall be displaced by him or her.
(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 may continue or make up, with interest, his or her own contributions to any state or school district retirement system, system for the period of his or her absence, but it shall not be obligatory on state or school district to match those contributions.
(h) Should he or she become disabled or reach retirement age at any time before his or her return to service, he or she shall receive, in any state or school district retirement system of which he or she 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, after his or her termination of service, as though still employed.

SEC. 3.

 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 the 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, including, but not limited to, career technical education or career pathway program, 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.
(c) As to any such 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 his or her services were terminated, and credit for prior service under any 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 or her 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 substitute service shall not affect the retention of his or her previous classification and rights, and that such an 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 state or school district retirement system and to receive retirement benefits as if no absence from service had occurred. In the event of such 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.

SECTION 1.Section 44955 of the Education Code is amended to read:
44955.

(a)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 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)(1)If in a school year the average daily attendance in all of the schools of a school district for the first six months that school is in session shall have declined below the corresponding period of either of the previous two school years, if the governing board of a school district determines that attendance in the school district will decline in the following year as a result of the termination of an interdistrict tuition agreement as described in Section 46304, if a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or if the amendment of state law requires the modification of curriculum, and if the governing board of the school district determines it 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 a 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 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 pupils of the school district. Upon the request of 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 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. 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 the requirement.

(c)(1)Notice of the termination of services shall be given before May 15 pursuant to Section 44949, and the 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 the provisions of 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 the school district shall make assignments and reassignments in a manner that employees shall be retained to render any service their seniority and qualifications entitle them to render. However, before assigning or reassigning 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, including, but not limited to, career technical education or career pathway programs, 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, 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.

(3)For purposes of maintaining or achieving compliance with the school district’s local control and accountability plan.