California Assembly Bill AB2307 Amended / Bill

 BILL NUMBER: AB 2307AMENDED BILL TEXT AMENDED IN SENATE JULY 5, 2012 AMENDED IN ASSEMBLY MARCH 22, 2012 INTRODUCED BY Assembly Member Butler FEBRUARY 24, 2012 An act to amend Sections  45101, 45113, 88001,   45298  and  88013   88117  of the Education Code, relating to  classified  school employees. LEGISLATIVE COUNSEL'S DIGEST AB 2307, as amended, Butler.  Classified school employees.   School employees: reemployment.   Existing law requires that persons laid off because of lack of work or lack of funds in a school district or community college district that has adopted the merit system be eligible for reemployment for a period of 39 months, as specified.   This bill would require a person who is reemployed in a new position and fails to complete the probationary period in the new position be returned to the reemployment list for the remainder of the 39-month period, as specified. The bill also would make nonsubstantive changes to these provisions.   Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and the governing board of a community college district to employ persons for positions that are not academic positions. Existing law requires the governing board of a school district and the governing board of a community college district to classify those employees and positions and requires that they be known as the classified service. Existing law requires the governing board of a school district and the governing board of a community college district to prescribe written rules and regulations governing the personnel management of the classified service whereby classified employees are designated as permanent employees of the district after serving a prescribed period of probation that is prohibited from exceeding one year. Existing law defines a permanent classified employee for purposes of provisions governing the classified service.   This bill would change the definition of "permanent employee." The bill would define a permanent employee to mean an employee who has served the prescribed period of probation and would provide that a permanent employee remains a permanent employee of the public school employer or community college district when the employee is moved to another classification. The bill would provide that if a permanent employee is placed on a reemployment list after his or her services are terminated and the employee is subsequently reemployed, the employee continues being a permanent employee of the school district or community college district. The bill also would provide that a permanent employee who passes the prescribed period of probation remains a permanent employee of the school district or community college district when the employee moves to another classification.  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.   Section 45298 of the   Education Code   is amended to read:  45298.  (a)     Persons   A person  laid off because of lack of work or lack of funds  are   shall be  eligible  to   for  reemployment for a period of 39 months  and shall be reemployed in preference to   as follows:   (1)     The person's reemployment shall take preference over  new applicants.  In addition, such persons laid off have   (2)     The person shall have  the right to participate in promotional examinations within the district during the period of 39 months.  (3) If the person is reemployed in a new position and fails to complete the probationary period in the new position, he or she shall be returned to the reemployment list for the remainder of the 39-month period. The remaining time period shall be calculated as the time remaining in the 39-month period as of the date of reemployment.   Employees   (b)    An employee  who  take   takes a  voluntary  demotions   demotion  or a  voluntary  reductions   reduction  in assigned time in lieu of layoff or to remain in  their   his or her  present  positions   position  rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24  months;   months,  provided  ,  that the same tests of fitness under which  they   the employee  qualified for appointment to the class  shall  still apply. The personnel commission shall make the determination of the specific period eligibility for reemployment on a class-by-class basis.  Employees   (c)     An e   mployee  who  take   takes a  voluntary  demotions   demotion  or  a  voluntary  reductions   reduction  in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in  their   his or her  former class or to  positions   a position  with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list  they   the employee  shall be ranked on that list in accordance with  their   his or her  proper seniority.  SEC. 2.   Section 88117 of the   Education Code  is amended to read:  88117.  (a)     Persons   A person  laid off because of lack of work or lack of funds  are   shall be  eligible  to   for  reemployment for a period of 39 months  and shall be reemployed in preference to   as follows:   (1)     The person's reemployment shall take preference over  new applicants.  In addition, such persons laid off have   (2)     The person shall have  the right to participate in promotional examinations within the district during the period of 39 months.  (3) If the person is reemployed in a new position and fails to complete the probationary period in the new position, he or she shall be returned to the reemployment list for the remainder of the 39-month period. The remaining time period shall be calculated as the time remaining in the 39-month period as of the date of reemployment.   Employees   (b)     An employee  who  take   takes a  voluntary  demotions   demotion  or  a  voluntary  reductions   reduction  in assigned time in lieu of layoff or to remain in  their   his or her  present  positions   position  rather than be reclassified or reassigned, shall be granted the same rights as persons laid off and shall retain eligibility to be considered for reemployment for an additional period of up to 24 months  ;   ,  provided  ,  that the same tests of fitness under which  they   the employee  qualified for appointment to the class  shall  still apply. The personnel commission shall make the determination of the specific period of eligibility for reemployment on a class-by-class basis.  Employees   (c)     An employee  who  take   takes a  voluntary  demotions   demotion  or  a  voluntary  reductions   reduction  in assigned time in lieu of layoff shall be, at the option of the employee, returned to a position in  their   his or her  former class or to  positions   a position  with increased assigned time as vacancies become available, and without limitation of time, but if there is a valid reemployment list  they   the employee  shall be ranked on that list in accordance with  their   his or her  proper seniority. All matter omitted in this version of the bill appears in the bill as amended in the Assembly, March 22, 2012. (JR11)