Bill Sponsor
California Assembly Bill 438
Session 20212022
School employees: classified employees: layoff notice and hearing.
Became Law
Became Law
Became Law on Oct 8, 2021
First Action
Feb 4, 2021
Latest Action
Oct 8, 2021
Origin Chamber
Assembly
Type
Bill
Bill Number
438
State
California
Session
20212022
Sponsorship by Party
Assembly Votes (4)
Senate Votes (4)
Motion Text
AB 438 Reyes Concurrence in Senate Amendments
Summary
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. 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 permanent classified employee's services will not be required for the ensuing year due to lack of work or lack of funds. The bill would, for the purposes of specified notice and hearing rights, define "permanent classified employee" to include both an employee who was permanent at the time the notice or right to a hearing was required and an employee who became permanent after the date of the required notice. The bill would express the intent of the Legislature in enacting the bill to provide permanent classified school employees and those who become permanent classified school employees with the same rights to notice and hearing with respect to layoffs as are provided to certificated employees of school districts, including teachers and administrators, and academic employees of community college districts. If classified positions must be eliminated as a result of the expiration of a specially funded program, the bill would require written notice of the layoff date and certain rights be given to the classified employees not less than 60 days before the effective layoff date. 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 permanent classified employees, as described, 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. 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. 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.
Documents (9)
Sources
Record Created
Feb 5, 2021 6:02:43 AM
Record Updated
Nov 18, 2022 12:24:07 PM