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New Laws Affecting Public Schools Employees

Posted in Labor Law, New Legislation and Regulations, Reductions in Force

By: Meagan D. Christiansen

AB 2263

AB 2663 made various technical changes to various sections of the Education Code administered by the California State Teachers’ Retirement System (CalSTRS) and of the Public Resources Code to improve, and continue effective administration of the System. Among the changes made are the following:

• CalSTRS was provided the authority to subpoena documents from employers to verify creditable compensation.
• Employers are now required to provide notice of earnings limitations to retired members who return to work without reinstatement. This allows such members to not incur a reduction to their retirement allowance.
• County superintendents and other employing agencies are now required to furnish any information concerning a member/beneficiary to the board upon request.
• Allows all members to receive service credit for accumulated and unused sick leave to which the member is entitled on his or her final day of employment with the member’s last employer.

AB 1908

Under existing law, school districts and community college districts were required to provide notice of no less than 45 days to classified employees subject to layoff as a result of the expiration of a specially-funded program at the end of a school year. This required notice on or before April 29 for a June 30 termination date. Similarly, notice of not less than 45 days was further required where the classified employee was subject to layoff as a result of a bona fide reduction or elimination of a service performed by a department. AB 1908 extends the notice period to 60 days.

SB 114

SB 114 requires collective bargaining and employment agreements for community college adjunct and adult education instructors be submitted to CalSTRS. Existing law required that each collective bargaining or employment agreement for a part-time community college instructor (who was subject to the 525 hour minimum standard) specify the number of hours that equals full-time. However, employers were not required to provide copies of collective bargaining or employment contract agreements to CalSTRS, except upon request on a case by case basis. SB 114 requires collective bargaining or employment agreements for community college and adult education instructor, reflecting the full time equivalent for each class of affected employees, be submitted to CalSTRS.

AB 1203

Existing law required that the governing board of a school district or a community college district grant to any classified employee, upon request, a paid leave of absence to enable the employee to serve as an elected officer of any related public employee organization. It further required that following the school districts or community college districts payment of the employee for the leave of absence, it be reimbursed by the employee organization of which the employee is an elected officer for all compensation paid to the employee on account of the leave. AB 1203 expanded these provisions to additionally require the districts provide a paid leave of absence to a classified employee who is an unelected member of any such school district public employee organization or community college district public employee organization for activities the member is authorized by the organization to attend. AB 1203 further requires the employee organization to provide reasonable notice to the employing district about the requested leave and to reimburse the district on behalf of an unelected member who receives a paid leave of absence.