California Senate Bill SB266 Introduced / Bill

 BILL NUMBER: SB 266INTRODUCED BILL TEXT INTRODUCED BY Senator Dutton FEBRUARY 10, 2011 An act to amend Section 44956 of the Education Code, relating to education employment. LEGISLATIVE COUNSEL'S DIGEST SB 266, as introduced, Dutton. Education employment: termination, reappointment, and opportunity for substitute service. Existing law provides that, when 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 preferred right to reappointment and opportunity for substitute service in order of seniority. Existing law requires that, if a terminated employee who is offered the opportunity for substitute service serves for at least 21 out of 60 schooldays, the compensation received by the employee in that 60-day period be no less than the compensation the employee would receive if he or she were being reappointed. This bill would delete the above-referenced requirement relating to compensation. The bill would make various technical and nonsubstantive clarifying changes. 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 44956 of the Education Code is amended to read: 44956.  (a)     Any   A  permanent employee whose services have been terminated as provided in Section 44955 shall have the following rights:  (1)   (a) For the period of 39 months from the date of  such   the  termination, any 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 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; provided, that no probationary or other employee with less seniority shall be employed to render a service  which said   that the  employee is certificated and competent to render. However, prior to reappointing any employee to teach a subject which he or she has not previously taught, and for which he or she does not have a teaching credential or which 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.  (2)   (b)  The  aforesaid  right to reappointment  pursuant to subdivision (a)  may be waived by the employee, without prejudice, for not more than one school year, unless the board extends this right, but  such   the  waiver shall not deprive the employee of his  or her  right to subsequent offers of reappointment.  (3)   (c)  Notwithstanding  paragraph (1)   subdivision (a)  , a school district may deviate from reappointing a certificated employee in order of seniority for either of the following reasons:  (A)   (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 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.  (B)   (2)  For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.  (4)   (d)   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  or she  had when his  or her  services were terminated, and credit for prior service under any state or 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.  (5)   (e)  During the period of his   an employee's  preferred right to reappointment,  any such   the  employee  shall  , in the order of original employment,  shall  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 said   the  other employee and that  said   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 any 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.   (6)   (g)   (1)    During the period of the employee's preferred right to reappointment, the governing board of the district, if it is also the governing board of one or more other districts, may assign  him   the employee  to service  , which   that  he  or she  is certificated and competent to render, in  said   one of the  other  district or districts; provided, that the   districts. The  compensation  he   the employee  receives  therefor may   ,  in the discretion of the governing board  , may  be the same as  he   the employee  would have received had he  or she  been serving in the district from which  his   the employee's  services were  terminated, that his   terminated. The employee's  service in the  said  other district or districts shall be counted toward the period required for both state and local retirement  , as defined by Section 22102,  as though rendered in the district from which  his  the employee's  services were  terminated, and that no permanent   terminated. The  employee  in said   shall not displace any other permanent employee in the  other district or districts  shall be displaced by him  .  It   (2)     It  is the intent of this  subsection   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.  (7)   (h)  At any time prior to the completion of one year after  his   the employee's  return to service,  he   the employee  may continue or make up, with interest, his  or her  own contributions to any state or district retirement system  ,  for the period of his  or her  absence, but it shall not be obligatory on  the  state or district to match  such   the  contributions.  (8)  (i)   Should he become   If the employee becomes  disabled or  reach   reaches  retirement age at any time before his  or her  return to service,  he   the employee  shall receive, in any state or district retirement system of which  he   the employee  was a member, all benefits to which he  or she  would have been entitled  had such event   if the disability or retirement  occurred at the time of his  or her  termination of service, plus any benefits  he   the employee  may have qualified for thereafter, as though still employed.