Bill Text: CA AB2134 | 2023-2024 | Regular Session | Amended
Bill Title: School employees: transfer of leave of absence for illness or injury.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-01 - In committee: Set, first hearing. Referred to suspense file. [AB2134 Detail]
Download: California-2023-AB2134-Amended.html
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Amended
IN
Assembly
April 08, 2024 |
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Amended
IN
Assembly
March 21, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2134
| Introduced by Assembly Member Muratsuchi |
February 06, 2024 |
An act to amend Sections 44979, 44980, 44982, 45202, and 47610 of the Education Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 2134, as amended, Muratsuchi.
School employees: transfer of leave of absence for illness or injury.
Existing
(1) Existing law provides that a certificated employee of a school district and a classified employee of a school district, county superintendent of schools, or community college district who meets specified criteria involving employment with another school district, county superintendent of schools, or community college district is entitled to have their total earned amount of leave of absence for illness or injury transferred to the 2nd employing school district, county superintendent of schools, or community
college district, as specified.
Existing law requires the State Board of Education to adopt rules and regulations related to these provisions, as specified.
This bill
would delete the requirement on the state board to adopt those rules and regulations. The bill would require the employing school district, county superintendent of schools, or community college district receiving an employee’s transfer of leave of absence for illness or injury to honor the transfer request at any time during the employee’s employment with the 2nd subsequent employing district or county superintendent of schools. The bill would define “school district” for these purposes to include a county office of education and a charter school. require charter schools and state special schools to comply with these
requirements. The bill would require the former employing school district, county superintendent of schools, charter school, state special school, or community college district to provide certain information in response to a request for the transfer of the total number of days, or the total amount, of leave of absence for illness or injury from the subsequent employing entity, as provided. By imposing additional duties on school districts, community college districts, county offices of education education, and charter schools, the bill would impose a state-mandated local program.
(2) Existing law provides that a certificated employee of a school district or an office of a county superintendent of schools who accepts a position requiring certification qualifications in another school district or office of a county superintendent of schools to have their total amount of leave of absence for illness or injury transferred to that subsequent employing school district or office of a county superintendent of schools. Existing law provides that a person employed by the State Department of Education in a position requiring certification qualifications, and an employee of the office of the Chancellor of the California Community Colleges and a certificated employee of the Commission on Teacher Credentialing who accepts a position requiring certification qualifications, in any school district or office of a county superintendent of schools to have their total number of days of leave of absence for illness or injury transferred with the
employee to the subsequent position. Existing law requires a person employed by a school district or county superintendent of schools in a position requiring certification qualifications who accepts a professional education position in the department that is, or is intended to be, permanent, to have their accumulated leave of absence for illness or injury transferred with the employee to the department.
This bill would require the total number of days of leave of absence for illness or injury of an employee described above transferred to the subsequent position. The bill would apply the provisions described in this paragraph to charter schools and state special schools, as specified. By imposing new duties on local educational agencies, the bill would impose a state-mandated local program.
The
(3) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 44979 of the Education Code is amended to read:44979.
(a) A certificated employee of a school(b)The State Board of Education shall adopt rules and regulations prescribing the manner in which the first district shall certify to the second district the total number of days of leave of absence for illness or injury to be transferred.
(b) The former employing school district, county office of education, charter school, or state special school shall provide all of the following information in responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity:
(1) The name and identification number for the employee requesting the transfer.
(2) The contact information for that former employing entity.
(3) The time period of the service, including start date and end date, for the employee requesting the transfer.
(4) The number of days of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employing
entity’s workday.
(5) The contact information for the subsequent employing entity.
(6) The signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information.
(c) The governing board A school district, community college district, county office of education, charter school, or state special school shall not adopt a policy or rule, written or unwritten, that requires a certificated employee transferring to its district
that school district, community college district, county office of education, charter school, or state special school to waive any part or all of the leave of absence that the certificated employee may be entitled to have transferred pursuant to this section.
(d)For purposes of this section, “school district” includes a county office of education and a charter school.
SEC. 2.
Section 44980 of the Education Code is amended to read:44980.
SEC. 3.
Section 44982 of the Education Code is amended to read:44982.
SEC. 2.SEC. 4.
Section 45202 of the Education Code is amended to read:45202.
(a) A classified employee of a school district, county superintendent of schools, charter school, state special school, or community college district who has been employed for a period of one calendar year or more whose employment is terminated for reasons other than action initiated by the employer for cause(b) In a case where an employee was terminated as a result of action initiated by the employer for cause, the transfer may be made if agreed to by the governing board or body of the school district orthe county superintendent of schools newly employing the employee.
subsequent employing entity.
(c) All or any part of the previous service, not separated by a break in service greater than one year as of the last day of paid service, may, if agreed to by the subsequent employing entity, be construed to have been served in with the school district or county superintendent of schools of employment subsequent employing entity
for seniority purposes, except that the previous service may not be counted, for seniority purposes, when position or personnel reduction is ordered, for any reason, by the board. governing board or body of the subsequent employing entity.
(d) The governing board of a school district district, community college district, county superintendent of schools, charter school, or state special school shall not adopt a policy or
rule, written or unwritten, which requires all classified employees, or any individual classification, or group of classifications of employees transferring to its district
that school district, community college district, county superintendent of schools, charter school, or state special school to waive any part or all benefits that they may be entitled to have transferred pursuant to this section.
(e) The former employing school district, county office of education, charter school, state special school, or community college district shall provide all of the following information when responding to a request for the transfer of accumulated leave of absence for illness or injury from the subsequent employing entity:
(1) Name and identification number for the employee requesting the transfer.
(2) Contact information for that former employer.
(3) The time period of the service, including start date and end date, for the employee requesting the transfer.
(4) The total amount of leave of absence, including any fraction thereof, for illness or injury to be transferred based on the former employer’s workday.
(5) Contact information for the subsequent employing entity.
(6) Signature of the person completing and verifying the accuracy of the information provided pursuant to this subdivision, including that person’s name, title, and contact information.
(e)
(f) This section shall apply to school districts that have adopted the merit system in the same manner and effect as if it were a part of Article 6 (commencing with Section 45240) of this chapter.
(f)For purposes of this section, “school district” includes a county office of education and a charter school.
SEC. 3.SEC. 5.
Section 47610 of the Education Code is amended to read:47610.
A charter school shall comply with this part and all of the provisions set forth in its charter, but is otherwise exempt from the laws governing school districts, except all of the following:(a) As specified in Section 47611.
(b) As specified in Section 41365.
(c) All laws establishing minimum age for public school attendance.
(d) (1) The California Building Standards Code (Part 2 (commencing with Section 101) of Title 24 of the California Code of Regulations), as
adopted and enforced by the local building enforcement agency with jurisdiction over the area in which the charter school is located.
(2) Charter school facilities shall comply with this subdivision by January 1, 2007.
(e) As specified in Sections 44979 44979, 44980, 44982, and 45202.
