Bill Text: CA SB1135 | 2009-2010 | Regular Session | Introduced
Bill Title: School employees: school district reorganization.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-03-22 - Set, second hearing. Hearing canceled at the request of author. [SB1135 Detail]
Download: California-2009-SB1135-Introduced.html
BILL NUMBER: SB 1135 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cox
FEBRUARY 18, 2010
An act to repeal Sections 35555, 35556, and 45121 of the Education
Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 1135, as introduced, Cox. School employees: school district
reorganization.
Existing law prohibits the reorganization of a school district or
districts from affecting the classification of certificated employees
already employed by a school district affected by the reorganization
and from affecting the rights of persons employed in positions not
requiring certification qualifications to retain the salary, leaves,
and other benefits that they would have had if the reorganization had
not occurred. Existing law requires that persons employed in
positions not requiring certification qualifications in a school
district whose territory is included in a unification of districts to
continue as employees of the unified school district for not less
than 2 years and prohibits those persons from being deprived, by
reason of the unification, of any benefit that they would have had if
the unification had not taken place.
This bill would repeal 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 Section 35555 of the Education Code is repealed.
35555. The reorganization of any school district or districts
shall not affect the classification of certificated employees already
employed by any school district affected. Those employees have the
same status with respect to their classification by the district,
including time served as probationary employees of the district,
after the reorganization as they had prior to it. If the
reorganization results in the school or other place in which the
employee is employed being maintained by another district, the
employee, if a permanent employee of the district that formerly
maintained the school or other place of employment, shall be employed
as a permanent employee of the district which thereafter maintains
the school or other place of employment, unless the employee elects
prior to February 1 of the year in which the action will become
effective for all purposes to continue in the employ of the first
district.
If the employee is a probationary employee of the district which
formerly maintained the school or other place of employment, he or
she shall be employed by the district that thereafter maintains the
school or other place of employment, unless the probationary employee
is terminated by the district pursuant to Section 44929.21, 44948,
44948.3, 44949, or 44955, and, if not so terminated, his or her
status with respect to classification by the district shall be the
same as it would have been had the school or other place of
employment continued to be maintained by the district which formerly
maintained it. As used in this paragraph, "the school or other place
in which the employee is employed" and all references thereto,
includes, but is not limited to, the school services or school
program which, as a result of any reorganization of a school
district, will be provided by another district, regardless of whether
any particular building or buildings in which the schoolwork or
school program was conducted is physically located in the new
district and regardless of whether any new district resulting from
the reorganization elects to provide for the education of its pupils
by contracting with another school district until the new district
constructs its own facilities.
SEC. 2. Section 35556 of the Education Code is repealed.
35556. (a) The reorganization of any school district, or
districts, shall not affect the rights of persons employed in
positions not requiring certification qualifications to retain the
salary, leaves, and other benefits which they would have had if the
reorganization had not occurred. These persons shall be treated in
the manner provided in this section.
(b) All employees of every school district that is included in any
other district, or all districts included in a new district, shall
become employees of the new district.
(c) (1) When a portion of the territory of any district becomes
part of another district, employees regularly assigned to perform
their duties in the territory affected shall become employees of the
acquiring district unless, in a manner consistent with relevant
provisions of this code and with any applicable collective bargaining
agreement, one of the following occurs:
(A) An employee elects to accept a vacant position, for which he
or she qualifies, that the first district elects to fill.
(B) An employee elects to fill, by exercise of his or her rights
of seniority under existing law or the collective bargaining
agreement with the first district, a position, for which he or she
qualifies, in the first district.
(C) An employee elects to have his or her name entered on a
reemployment list of the first district.
(2) Employees whose assignments pertained to the affected
territory, but whose employment situs was not in that territory, may
elect to remain with the original district or become employees of the
acquiring district.
(d) When the territory of any district is divided between, or
among, two or more districts and the original district ceases to
exist, employees of the original district regularly assigned to
perform their duties in any specific territory of the district shall
become employees of the district acquiring the territory. Employees
not assigned to specific territory within the original district shall
become employees of any acquiring district at the election of the
employees.
(e) An employee regularly assigned by the original district to any
school in the district shall be an employee of the district in which
the school is located unless that employee elects to continue in the
employ of the first district pursuant to subdivision (c).
(f) Except as otherwise provided in this section, nothing in this
section shall be construed to deprive the governing board of the
acquiring district from making reasonable reassignments of duties.
(g) The amendments to this section made during the 1999-2000
Regular Session of the Legislature shall apply only to school
district reorganizations commenced on or after January 1, 2000.
SEC. 3. Section 45121 of the Education Code is repealed.
45121. Persons employed in positions not requiring certification
qualifications in districts, all or part of whose territory is
included in a unification of districts, shall continue as employees
of the unified school district for not less than two years, and shall
not, by reason of any unification, be deprived of any benefit which
they would have had had the unification not taken place. In
determining the rights of such employees, their salaries, accumulated
leaves, and other rights shall be determined as of the date the
unification election was conducted. No increase in benefits not
previously conferred, granted by the governing board of any district,
all or part of whose territory is included in a unification of
districts, after such unification election, shall be binding on the
governing board of the unified district, except that benefits granted
in the districts comprising the new unified district which does not
become effective until the second succeeding first day of July shall
be binding on the governing board of the unified district. Nothing
herein contained shall preclude the governing board of the unified
school district from making any reasonable reassignment of the duties
of such employees. The governing board of the unified district shall
establish a system of uniform salaries, employee benefits and
working conditions for employees performing like services in
conformity with the provisions of this section.
