California - AB438

School employees: classified employees: layoff notice and hearing.

Introduced

February 4, 2021

Description

<div style="color: rgb(0, 0, 0); font-family: Arial, Helvetica, sans-serif; text-align: justify; margin: 0px 0px 1em;">Under existing law, classified employees of school districts and community college districts subject to layoff as a result of the expiration of a specially funded program at the end of a school year are required to be given written notice on or before April 29 informing them of certain rights. Existing law also requires that notice be given not less than 60 days before the effective layoff date if the termination date of a specially funded program is other than June 30, or if classified employees are subject to layoff as a result of a bona fide reduction or elimination of a service performed by a department.</div>

<div style="color: rgb(0, 0, 0); font-family: Arial, Helvetica, sans-serif; text-align: justify; margin: 0px 0px 1em;">This bill instead would revise and recast provisions relating to the layoff of classified employees of school districts and community college districts to require certain notices and opportunities for a hearing when a classified employee&rsquo;s services will not be required for the ensuing year due to lack of work or lack of funds. The bill would express the intent of the Legislature in enacting the bill to provide classified school employees with the same rights to notice and hearing with respect to layoffs as is provided to certificated employees of school districts, including teachers and administrators, and academic employees of community college districts. If, after January 1, 2021, the Legislature provides certificated or academic employees with any additional rights to notice or hearing as to layoffs, the bill would require the respective classified employees to be afforded the same rights by the school district or community college district, as applicable. To the extent school districts and community college districts are required to perform additional duties, the bill would impose a state-mandated local program.</div>

<div style="color: rgb(0, 0, 0); font-family: Arial, Helvetica, sans-serif; text-align: justify; margin: 0px 0px 1em;">The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.</div>

<div style="color: rgb(0, 0, 0); font-family: Arial, Helvetica, sans-serif; text-align: justify; margin: 0px 0px 1em;">This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</div>

Our Position

Oppose

Commentary

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Original Sponsor 1

Co-Sponsors 0

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