California Assembly Bill AB438

California 2021-2022 Regular Session

• Introduced: 2/4/21
• Refer: 2/12/21
• Report Pass: 4/5/21
• Refer: 4/6/21
• Report Pass: 4/19/21
• Refer: 4/19/21
• Refer: 5/5/21
• Report Pass: 5/20/21
• Engrossed: 5/27/21
• Refer: 5/28/21
• Refer: 6/9/21
• Report Pass: 6/28/21
• Refer: 6/28/21
• Report Pass: 7/6/21
• Refer: 7/6/21
• Refer: 7/15/21
• Report Pass: 8/26/21
• Enrolled: 9/8/21
• Chaptered: 10/8/21
• Passed: 10/8/21

Caption

School employees: classified employees: layoff notice and hearing.

Impact

By specifying that classified employees must receive a notice at least 60 days before layoffs due to program expiration, AB 438 aims to provide a more secure and fair employment environment. The legislation also emphasizes the importance of employee hearings before termination, thereby enhancing job security for those affected. The bill's provisions extend to any classified employee who becomes permanent after a notice is issued, ensuring future employees are afforded the same protections.

Summary

Assembly Bill 438, introduced by Assemblymember Reyes, focuses on the rights of classified employees in school districts and community college districts regarding layoff notices and hearing rights. The bill aims to ensure that classified employees who attain permanent status have the same procedural protections as their certificated counterparts, including teachers and administrators. Under the new provisions, written notices require a clear communication of reasons for a layoff, and the timing of such notices has been revised to better protect employee rights.

Sentiment

The reception of AB 438 has been largely positive among educator advocates and employee rights groups, viewing it as a crucial step towards equitable treatment of classified staff in education. Supporters argue that the bill rectifies existing disparities in layoff procedures and fosters greater workplace security. Opposition, if any, appears minimal, focusing on concerns over potential administrative burdens placed on school districts to comply with the new mandates.

Contention

While AB 438 signifies progress in employee rights, it raises questions around the financial implications for school districts and community colleges regarding compliance and potential reimbursement for mandated costs. The bill stipulates that if additional responsibilities are imposed, the state will reimburse schools, but how this will be implemented remains a point of discussion. Thus, while the intent is geared towards enhancing employee dignity and rights, logistical and financial concerns linger among administrators.