California Senate Bill SB381 Latest Draft

 BILL NUMBER: SB 381AMENDED BILL TEXT AMENDED IN SENATE APRIL 6, 2015 INTRODUCED BY Senator Huff FEBRUARY 24, 2015 An act to amend  Section   Sections  44955  , 44956, and 44957  of the Education Code, relating to school employees. LEGISLATIVE COUNSEL'S DIGEST SB 381, as amended, Huff.  School   Certificated school  employees: reduction in workforce: deviation from order of  seniority.   seniority: career pathway programs.  Under existing law, when  certificated  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 further provides those employees with a preferred right to reappointment and an opportunity for substitute service in order of seniority.  Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons, including the school district demonstrating a specified need for personnel to teach a specific course or course of study and the certificated employee having special training and experience necessary to teach that course or course of study, which others with more seniority do not possess. This bill would authorize that the  specific  course or course of study, that may allow a school district to deviate from terminating  certificated  school employees in order of seniority, include career technical education  and   or  career pathway  programs,   program,  and would further authorize that a school district may deviate from the order of seniority to comply with the school district's local control and accountability plan, as specified.  The bill additionally would authorize that the specific course or course of study for which a school district may deviate from the order of seniority for purposes of reappointment of permanent and probationary employees includes, but is not limited to, career technical education or career pathway program. The bill would also make numerous nonsubstantive changes to these 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 in any   (1)     If in 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   has  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   the 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  it shall have become   determines it  necessary by reason of any of these conditions to decrease the number of permanent employees in the  school  district, the governing board  of the 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 school  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 the manner prescribed in   May 15 pursuant to  Section 44949, and  the  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  o   f 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,  including, but not limited to, career technical education or career pathway program,  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   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.  (3) For purposes of maintaining or achieving compliance with the school district's local control and accountability plan.   SEC. 2.   Section 44956 of the   Education Code   is amended to read:  44956. Any permanent employee whose services have been terminated as provided in Section 44955 shall have the following rights: (a) For the period of 39 months from the date of the termination,  any   an  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  governing  board  of the school district  in accordance with 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 that the employee is certificated and competent to render. However,  prior to   before  reappointing any employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or 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. (b) The right to reappointment described in subdivision (a) may be waived by the employee, without prejudice, for not more than one school year, unless the  governing  board  of the school district  extends this right, but  the   that  waiver shall not deprive the employee of his or her right to subsequent offers of reappointment. (c) Notwithstanding subdivision (a), a school district may deviate from reappointing 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  , including, but not limited to, career technical education or career pathway program,  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, 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. (d) As to  any   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  school  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. (e) During the period of his or her preferred right to reappointment,  an   the  employee shall, in the order of original employment, 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 the other employee and that  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 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  be  less than the amount the employee would receive if he or she were being reappointed. (f) (1) During the period of the employee's preferred right to reappointment, the governing board of the  school  district, if it is also the governing board of one or more other  school  districts, may assign him or her to service, which he or she is certificated and competent to render, in  another   said other school  district or districts; provided, that the compensation he or she receives  therefor   for the service  may, in the discretion of the governing  board,   board of the school district,  be the same as he or she would have received had he or she been serving in the  school  district from which his or her services were terminated, that his or her service in the other  school  district or districts shall be counted toward the period required for both state and local retirement as though rendered in the  school  district from which his or her services were terminated, and that no permanent employee in the other  school  district or districts shall be displaced by him or her. (2) It is the intent of this 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. (g) At any time  prior to   before  the completion of one year after his or her return to service, he or she may continue or make up, with interest, his or her own contributions to any state or  school  district retirement  system,   system  for the period of his or her absence, but it shall not be obligatory on state or  school  district to match those contributions. (h) Should he or she become disabled or reach retirement age at any time before his or her return to service, he or she shall receive, in any state or  school  district retirement system of which he or she was a member, all benefits to which he or she would have been entitled had such event occurred at the time of his or her termination of service, plus any benefits he or she may have qualified for  thereafter,   after his or her termination of service,  as though still employed.  SEC. 3.   Section 44957 of the   Education Code   is amended to read:  44957.  Any   A  probationary employee whose services have been terminated as provided in Section 44955 shall have the following rights: (a) For the period of 24 months from the date of  such   the  termination,  any   an  employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, subject to the prior rights to reappointment by all permanent employees as set forth in Section 44956, in the order of original employment as determined by the governing board  of the school district  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. Except as otherwise provided,  no   a  probationary or temporary employee with less seniority shall  not  be employed to render a service  which such   that the  employee is certificated and competent to render and provided that  such an   the  employee shall be given a priority over employees whose right to a position is derived pursuant to Section 44918. However,  prior to   before  reappointing  any   an  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. (b) Notwithstanding subdivision (a), a school district may deviate from reappointing a probationary 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,  including, but not limited to, career technical education or career pathway program,  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   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. (c) As to  any such  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  school  district retirement system shall not be affected by  such   the  termination; provided, however, that the period of his  or her  absence shall not be counted as a part of the service required for attaining permanent status in the  school  district or, except as provided in subdivision (e), for retirement purposes. (d) During the period of his  or her  preferred right to reappointment,  any such  the  employee shall, in the order of original employment, and subject to the rights of permanent employees as set forth in Section 44956, be offered prior opportunity for substitute service during the absence of any other employee who has been granted leave of absence or who is temporarily absent from duty; provided, that his  or her  services may be terminated upon a return to duty of  such   the  other employee, that such substitute service shall not affect the retention of his  or her  previous classification and rights, and that such an employee shall be given a priority over employees whose right to a substitute position is derived pursuant to Section 44918. (e) At any time  prior to   before  the completion of one year after his  or her  return to service, an employee reappointed under  the provisions of  this section may elect to continue or to reinstate his  or her  membership and interest in any state or  school district retirement system and to receive retirement benefits as if no absence from service had occurred. In the event of  such   that  election the employee shall pay into the retirement system the amount of his  or her  share of contribution and the  school  district's share of contribution attributable to the period of absence and the amount of any contributions withdrawn, plus interest.  SECTION 1.   Section 44955 of the Education Code is amended to read: 44955. (a) 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 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) (1) If in a school year the average daily attendance in all of the schools of a school district for the first six months that school is in session shall have declined below the corresponding period of either of the previous two school years, if the governing board of a school district determines that attendance in the school district will decline in the following year as a result of the termination of an interdistrict tuition agreement as described in Section 46304, if a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or if the amendment of state law requires the modification of curriculum, and if the governing board of the school district determines it necessary by reason of any of these conditions to decrease the number of permanent employees in the school district, the governing board of the 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 a permanent employee shall not be terminated under this section while a probationary employee, or any other employee with less seniority, is retained to render a service that the permanent employee is certificated and competent to render. (2) In computing a decline in average daily attendance for purposes of this subdivision for a newly formed or reorganized school district, each school of the school 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. (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 pupils of the school district. Upon the request of an employee whose order of termination is so determined, the governing board of the school district shall furnish in writing, no later than five days 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. 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 the requirement. (c) (1) Notice of the termination of services shall be given before May 15 pursuant to Section 44949, and the services of 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. 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. (2) The governing board of the school district shall make assignments and reassignments in a manner that employees shall be retained to render any service their seniority and qualifications entitle them to render. However, before assigning or reassigning a certificated employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or 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, including, but not limited to, career technical education or career pathway programs, 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, 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. (3) For purposes of maintaining or achieving compliance with the school district's local control and accountability plan.