California Senate Bill SB1225 Introduced / Bill

 BILL NUMBER: SB 1225INTRODUCED BILL TEXT INTRODUCED BY Senator Mendoza FEBRUARY 18, 2016 An act to amend Section 44955 of the Education Code, relating to school employees. LEGISLATIVE COUNSEL'S DIGEST SB 1225, as introduced, Mendoza. School employees: reduction in work force. Under existing law, when 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 authorizes a school district to deviate from the order of seniority for those purposes for specified reasons. This bill would make various nonsubstantive, clarifying changes to those provisions. 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 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   (1)     If  in  any   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 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  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  determines  it  shall have become  necessary by reason of any of these conditions to decrease the number of permanent employees in the  school  district, the governing board  of a 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  sch   ool  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 May in the manner prescribed in   May 15 pursuant to  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  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, 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   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.