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AB-3042 School holidays: “International Workers’ Day” and “Presidents’ Day.”(2017-2018)

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Date Published: 05/03/2018 09:00 PM
AB3042:v97#DOCUMENT

Amended  IN  Assembly  May 03, 2018
Amended  IN  Assembly  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3042


Introduced by Assembly Member Santiago

February 16, 2018


An act to amend Section 37220 Sections 37220 and 45203 of, and to add Section 37220.8 to, the Education Code, relating to school holidays.


LEGISLATIVE COUNSEL'S DIGEST


AB 3042, as amended, Santiago. School holidays: “International Workers’ Day” and “Presidents’ Day.”
Existing law designates holidays on which all public schools and educational institutions shall close. Existing law designates the Monday or Friday of the week in which February 12 occurs as “Lincoln Day” and requires all public schools and educational institutions throughout the state to hold exercises in memory of Abraham Lincoln on the day that school is in session prior to the day on which schools are closed for that purpose. Existing law designates the third Monday in February as “Washington Day” and requires all public schools and educational institutions throughout the state to hold exercises in memory of George Washington on the Friday preceding.
This bill would authorize a school district, county office of education, or charter school, instead of observing “Washington Day” and “Lincoln Day” as separate school holidays, to designate the 3rd Monday in February as a single school holiday to be known as “Presidents’ Day,” if the school district, county office of education, or charter school designates May 1 as “International Workers’ Day” and closes its school, or schools, as applicable, on the Monday or Friday of the week in which May 1 occurs to observe “International Workers’ Day.” The bill would require schools that elect to observe “Presidents’ Day” and “International Workers’ Day,” pursuant to the bill’s provisions, to hold exercises in memory of Abraham Lincoln and George Washington and to commemorate and direct attention to the history of labor movements in the United States.
Existing law provides that all probationary or permanent employees that are a part of the classified service of a school district or county office of education shall be entitled to specified paid holidays if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday.
This bill would deem “President’s Day” and “International Workers’ Day” as paid holidays, and would remove “Lincoln Day” and “Washington Day” from being paid holidays, for these probationary or permanent employees of a school district or county office of education that elects to observe “President’s Day” and “International Workers’ Day” pursuant to the bill’s provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 37220 of the Education Code is amended to read:

37220.
 (a) Except as otherwise provided, the public schools shall close on the following holidays:
(1) January 1.
(2) The third Monday in January or the Monday or Friday in the week in which January 15 occurs, known as “Dr. Martin Luther King, Jr. Day.” On the Friday preceding the day on which schools are closed, schools shall include exercises commemorating and directing attention to the history of the civil rights movement in the United States and particularly the role therein of Dr. Martin Luther King, Jr.
(3) Except as provided in Section 37220.8, the Monday or Friday of the week in which February 12 occurs, known as “Lincoln Day.” On the day that school is in session prior to the day on which schools are closed for that purpose, all public schools and educational institutions throughout the state shall hold exercises in memory of Abraham Lincoln.
(4) Except as provided in Section 37220.8, the third Monday in February, known as “Washington Day.” On the Friday preceding, all public schools and educational institutions throughout the state shall hold exercises in memory of George Washington.
(5) The last Monday in May, known as “Memorial Day.”
(6) July 4.
(7) The first Monday in September, known as “Labor Day.”
(8) November 11, known as “Veterans Day.”
(9) That Thursday in November proclaimed by the President as “Thanksgiving Day.”
(10) December 25.
(11) All days appointed by the Governor for a public fast, thanksgiving, or holiday, and all special or limited holidays on which the Governor provides that the schools shall close.
(12) All days appointed by the President as a public fast, thanksgiving, or holiday, unless it is a special or limited holiday.
(13) Any other day designated as a holiday by the governing board of the school district.
(b) When any of the holidays on which the schools would be closed falls on Sunday, the public schools shall close on the Monday following.
(c) When any of the holidays on which the schools would be closed falls on Saturday, the public schools shall close on the preceding Friday, and that Friday shall be declared a state holiday.
(d) If any holiday on which the public schools are required to close pursuant to subdivision (a) occurs under federal law on a date different from the date specified in subdivision (a), the governing board of any school district may close the public schools of the district on the date recognized by federal law and maintain classes on the date specified in subdivision (a).
(e) Except for Veterans Day, as designated in paragraph (8) of subdivision (a), the governing board of a school district, by adoption of a resolution, may revise the date upon which the schools of the district close in observance of any of the holidays identified in subdivision (a).
(f) The governing board of a school district may not request a waiver of paragraph (8) of subdivision (a) from the state board.
(g) This section does not prohibit a school district from authorizing its facilities or grounds to be used in accordance with Section 38131 on those days on which the public schools are closed.

SEC. 2.

 Section 37220.8 is added to the Education Code, to read:

37220.8.
 (a) Notwithstanding paragraphs (3) and (4) of subdivision (a) of Section 37220, a school district, county office of education, or charter school may combine “Lincoln Day,” as described in paragraph (3) of subdivision (a) of Section 37220, and “Washington Day,” as described in paragraph (4) of subdivision (a) of Section 37220, into a single school holiday, known as “Presidents’ Day,” and close its school, or schools, as applicable, on the third Monday in February to observe “Presidents’ Day,” if the school district, county office of education, or charter school also designates May 1 as “International Workers’ Day” and closes its school, or schools, as applicable, on the Monday or Friday of the week in which May 1 occurs to observe “International Workers’ Day.”
(b) Schools that observe “Presidents’ Day” pursuant to subdivision (a) shall, on the day that school is in session prior to the day on which they are closed for that purpose, hold exercises in memory of Abraham Lincoln and George Washington.
(c) Schools that observe “International Workers’ Day” pursuant to subdivision (a) shall, on the day that school is in session prior to the day on which they are closed for that purpose, hold exercises commemorating and directing attention to the history of labor movements in the United States.

SEC. 3.

 Section 45203 of the Education Code is amended to read:

45203.
 All (a) (1) Except as provided in paragraph (2), all probationary or permanent employees that are a part of the classified service shall be entitled to the following paid holidays provided if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday: January 1, February 12 12, known as “Lincoln Day,” the third Monday in February February, known as “Washington Day,” the last Monday in May May, known as “Memorial Day,” July 4, the first Monday in September September, known as “Labor Day,” November 11 11, known as “Veterans Day,” that Thursday in November proclaimed by the President as “Thanksgiving Day,” December 25, every day appointed by the President, or the Governor of this state, as provided for in subdivisions (b) and (c) of Section 37220 for a public fast, thanksgiving thanksgiving, or holiday, or any day declared a holiday under Section 1318 or 37222 for classified or certificated employees. School recesses during the Christmas, Easter, and mid-February periods shall not be considered holidays for classified employees who are normally required to work during that period. However, this shall not be construed as affecting vacation rights specified in this section.
(2) If a school district or county office of education elects to observe “President’s Day” and “International Workers’ Day” pursuant to Section 37220.8, all probationary or permanent employees that are part of the classified service of that school district or county office of education shall be entitled to paid holidays on the third Monday in February to observe “President’s Day” and on the Monday or Friday of the week in which May 1 occurs to observe “International Workers’ Day,” if they are in a paid status during any portion of the working day immediately preceding or succeeding the “President’s Day” and “International Workers’ Day” school holidays. Notwithstanding paragraph (1), these employees shall not be entitled to paid holidays on February 12, known as “Lincoln Day,” or the third Monday in February, known as “Washington Day.”

Regular

(b) Regular employees of the district who are not normally assigned to duty during the school holidays of December 25 and January 1 shall be paid for those two holidays provided that if they were in a paid status during any portion of the working day of their normal assignment immediately preceding or succeeding the holiday period.

When

(c) When a holiday listed in this section falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday listed in this section falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. When a classified employee is required to work on any of these holidays, he or she shall be paid compensation, or given compensating time off, for such work, in addition to the regular pay received for the holiday, at the rate of time and one-half of the employee’s regular rate of pay.

The

(d) Except for Section 37220.8, the provisions of Article 3 (commencing with Section 37220) of Chapter 2 of Part 22 shall not be construed to in any way limit the provisions of this section, nor shall anything in this section be construed to prohibit the governing board from adopting separate work schedules for the certificated and the classified services, or from providing holiday pay for employees who have not been in paid status on the days specified herein. in subdivision (a). Notwithstanding the adoption of separate work schedules for the certificated and the classified services, on any schoolday during which pupils would otherwise have been in attendance but are not and for which certificated personnel receive regular pay, classified personnel shall also receive regular pay whether or not they are required to report for duty that day.

In

(e) In addition to the other paid holidays specified in this section, the classified service may be entitled to a paid holiday on March 31 known as “Cesar Chavez Day,” and a paid holiday on the fourth Friday in September known as “Native American Day,” provided if they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday, if the governing board, pursuant to a memorandum of understanding reached pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, agrees to the paid holiday.

This

(f) This section shall apply to districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240).