Eloise Reyes
- Democratic
- Assemblymember
- District 50
Author
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.
Chaptered by Secretary of State - Chapter 665, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 5 p.m.
Assembly Rule 77 suspended. (Ayes 59. Noes 17. Page 2875.)
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 56. Noes 16. Page 2902.).
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 8. Page 2452.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 26).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 5). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L., P.E. & R.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 14. Page 1634.)
Read second time. Ordered to third reading.
Coauthors revised.
From committee: Do pass. (Ayes 12. Noes 4.) (May 20).
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 15). Re-referred to Com. on APPR.
Coauthors revised.
From committee chair, with author's amendments: Amend, and re-refer to Com. on P.E. & R. Read second time and amended.
From printer. May be heard in committee March 7.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB438 | HTML |
| 02/04/21 - Introduced | |
| 04/05/21 - Amended Assembly | |
| 06/28/21 - Amended Senate | |
| 08/26/21 - Amended Senate | |
| 09/02/21 - Amended Senate | |
| 09/10/21 - Enrolled | |
| 10/08/21 - Chaptered |
| Document | Format |
|---|---|
| 04/14/21- Assembly Committee on Public Employment and Retirement | |
| 05/03/21- Assembly Appropriations | |
| 05/24/21- ASSEMBLY FLOOR ANALYSIS | |
| 07/01/21- Senate Committee on Labor, Public Employment and Retirement | |
| 07/13/21- Senate Appropriations | |
| 08/26/21- Senate Appropriations | |
| 08/31/21- Sen. Floor Analyses | |
| 09/04/21- Sen. Floor Analyses | |
| 09/07/21- ASSEMBLY FLOOR ANALYSIS |
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