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AB-32 School employees: layoff notices.(2009-2010)

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CALIFORNIA LEGISLATURE— 2009–2010 3rd Ext.

Assembly Bill
No. 32

Introduced  by  Assembly Member Silva
 (Coauthor(s): Assembly Member Anderson, Bill Berryhill, Cook, Duvall, Fletcher, Fuller, Gaines, Garrick, Hagman, Jeffries, Knight, Miller, Nestande, Audra Strickland)
 (Coauthor(s): Senator Ashburn)

April 21, 2009

An act to amend Section 44955 of the Education Code, relating to school employees, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 32, as introduced, Silva. School employees: layoff notices.
(1) Existing law requires that, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the notice of the termination of the services of an employee in the subsequent school year be given, in a prescribed manner, before May 15.
This bill would express findings and declarations of the Legislature relating to the effect of the outcome of the May 19, 2009, special election on school district budgets. The bill would require that, in 2009 only, the deadline for the notice of termination of services be changed to June 15.
(2) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. The Governor issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 19, 2008.
This bill would state that it addresses the fiscal emergency declared by the Governor by proclamation issued on December 19, 2008, pursuant to the California Constitution.
(3) This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   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) Pursuant to subdivision (c) of Section 44955 of the Education Code, school districts are required to issue layoff notices before May 15 to teachers whose termination is contemplated.
(b) The outcome of the May 19, 2009, statewide special election will directly affect the May Revision of the proposed state budget for the 2009–10 fiscal year and, therefore, have an important impact on school district budgets.
(c) Thus, because of the scheduling of the May 19, 2009, special election, school districts will need additional time to make informed personnel decisions.

SEC. 2.

 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 in any school year the average daily attendance in all of the schools of a 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 the governing board determines that attendance in a district will decline in the following year as a result of the termination of an interdistrict tuition education agreement as defined set forth in Section 46304, whenever a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or whenever the amendment of state law requires the modification of curriculum, and when in the opinion of the governing board of the district it shall have become necessary by reason of any of these conditions to decrease the number of permanent employees in the district, the governing board may terminate the services of not more than a corresponding percentage of the certificated employees of the district, permanent as well as probationary, at the close of the school year. Except as otherwise provided by statute, the services of no permanent employee may be terminated under the provisions of this section while any probationary employee, or any other employee with less seniority, is retained to render a service which said that permanent employee is certificated and competent to render.

In

(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 district shall be deemed to have been a school of the newly formed or reorganized district for both of the two previous school years.

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(3) As between employees who first rendered paid service to the district on the same date, the governing board shall determine the order of termination solely on the basis of needs of the district and the students thereof pupils of the district. Upon the request of any an employee whose order of termination is so determined, the governing board shall furnish, in writing no later than five days prior to 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 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 that requirement.
(c) (1) Notice of such termination of services shall be given before the 15th of May June 15, 2009, and before May 15 in each year thereafter, in the manner prescribed in 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 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 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 assigning or reassigning any 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 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 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. 3.

 This act addresses the fiscal emergency declared by the Governor by proclamation on December 19, 2008, pursuant to subdivision (f) of Section 10 of Article IV of the California Constitution.

SEC. 4.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to allow school districts additional time to make personnel decisions in view of the importance of the special election to be held May 19, 2009, to school district budgets, it is necessary that this act take effect immediately.