Bill Text: CA SB913 | 2021-2022 | Regular Session | Chaptered
Bill Title: School districts: operations.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State. Chapter 920, Statutes of 2022. [SB913 Detail]
Download: California-2021-SB913-Chaptered.html
Senate Bill
No. 913
CHAPTER 920
An act to amend Sections 232.2, 17467, 17500, 35120, 44918, 44928, 44959.5, 45168.5, 45191, 45251, and 45308 of the Education Code, relating to school districts.
[
Approved by
Governor
September 30, 2022.
Filed with
Secretary of State
September 30, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 913, Hertzberg.
School districts: operations.
Existing law establishes the system of public elementary and secondary schools throughout the state, and provides for their funding and governance. Existing law establishes school districts throughout the state to administer the public elementary and secondary schools within their respective jurisdictions. Under existing law, certain rules related to single-gender classes, the use of property, and terms of employment for school employees and governing board members only apply to school
districts with average daily attendance of 400,000 or more pupils, as provided.
This bill instead would extend the application of those rules related to single-gender classes, the use of property, and terms of employment for school employees and governing board members, to school districts with average daily attendance of 250,000 or more, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Los Angeles Unified School District.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 232.2 of the Education Code is amended to read:232.2.
(a) (1) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a school district with an average daily attendance of 250,000 or more pupils may maintain any single gender schools and classes that were enrolling pupils as of July 1, 2017, provided that the governing board of the school district has adopted a policy that addresses how the school district will ensure compliance with Title IX regulations (34 C.F.R. Part 106), as they read on October 25, 2006.(2) Notwithstanding Section 220 as it relates to discrimination on the basis of gender, and subdivisions (a) and (b) of Section 221.5, a
charter school authorized by a school district with an average daily attendance of 250,000 or more pupils may be maintained as a single gender school or may maintain single gender classes, only if, as of July 1, 2017, the school operated as a single gender school or operated single gender classes, provided that the governing body of the charter school has adopted a policy that addresses how the charter school will ensure compliance with Title IX regulations (34 C.F.R. Part 106), as they read on October 25, 2006.
(3) (A) A school continuing to operate as a single gender school
pursuant to this section shall not have a total pupil enrollment exceeding 700 pupils.
(B) A coeducational school maintaining existing single gender classes pursuant to this section shall not have a total pupil enrollment exceeding 1,000 pupils. This subparagraph shall not apply for single gender classes authorized pursuant to subdivision (b) of Section 221.5 or of the kinds described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 106.34 of Title 34 of the Code of Federal Regulations.
(4) Any corrective action ordered by the department before July 1, 2017, and applicable to a school maintained under this section shall remain in effect.
(b) A policy adopted pursuant to subdivision
(a) shall include, but not necessarily be limited to, all of the following requirements:
(1) The single gender aspect of the school or classes will serve an important school district or charter school objective to do either of the following:
(A) Improve the educational achievement of its pupils through the school district’s or charter school’s overall established policy to provide diverse educational opportunities, provided that the single gender nature of the school or classes is substantially related to achieving that objective.
(B) Meet the particular, identified educational needs of its pupils, provided that the single gender nature of the school or classes is substantially related to achieving that objective.
(2) The school district or charter school will implement its objective in an evenhanded manner.
(3) Pupil enrollment in a single gender school or classes will be voluntary.
(4) (A) Except as provided in subparagraph (B), the school district or charter school will provide to pupils of both genders a substantially equal coeducational class, extracurricular activity, or program in the same subject.
(B) Subparagraph (A) shall not apply to a nonvocational charter school that is a single school that is not part of a network or chain of charter schools or a charter school management organization that has more than one
school.
SEC. 2.
Section 17467 of the Education Code is amended to read:17467.
(a) In lieu of the declaration of intention to lease real property provided in Section 17466, the governing board of any school district having an average daily attendance of 250,000 or more as shown by the annual report of the county superintendent of schools for the preceding year may publish a notice three times in a period of not less than 15 days in a newspaper of general circulation published in the district. The notice shall describe the property proposed to be leased in a manner as to identify it and shall specify the minimum rental and terms upon which it will be leased. The notice shall fix a time not less than 15 days thereafter for a public meeting of the governing board to be held at its regular place of meeting at which the proposal to lease will be received and considered.(b) The governing board by majority vote may adopt a ruling delegating to an officer or employee of the school district as the governing board may designate, authority to perform the duties prescribed in this section.
(c) Bids received under this section shall be received, accepted, or rejected in accordance with the provisions of this article.
SEC. 3.
Section 17500 of the Education Code is amended to read:17500.
This article shall not apply to any school district having more than 250,000 pupils in average daily attendance.SEC. 4.
Section 35120 of the Education Code is amended to read:35120.
(a) (1) In a school district in which the average daily attendance for the prior school year exceeded 250,000, each member of the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a salary as set forth by the local city charter law or applicable rules and regulations and as determined by a local compensation review committee.(2) In a school district that is not located in a city and county, and in which the average daily attendance for the prior school year exceeded 60,000, the governing board may prescribe, as compensation for the services of each member of the board who attends all
meetings held, a sum not to exceed one thousand five hundred dollars ($1,500) in any month.
(3) In a school district in which the average daily attendance for the prior school year was 60,000 or less, but more than 25,000, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed seven hundred fifty dollars ($750) in any month.
(4) In a school district in which the average daily attendance for the prior school year was 25,000 or less, but more than 10,000, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed four
hundred dollars ($400) in any month.
(5) In a school district in which the average daily attendance for the prior school year was 10,000 or less, but more than 1,000, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed two hundred forty dollars ($240) in any month.
(6) In a school district in which the average daily attendance for the prior school year was 1,000 or less, but more than 150, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed one hundred twenty dollars ($120) in any month.
(7) In a school district in which the average daily attendance for the prior school year was less than 150, each member of the city board of education or the governing board of the school district who attends all meetings held may receive as compensation for the member’s services a sum not to exceed sixty dollars ($60) per month.
(8) A member who does not attend all meetings held in any month may receive, as compensation for the member’s services, an amount not greater than the maximum amount allowed by this subdivision divided by the number of meetings held and multiplied by the number of meetings attended.
(9) For purposes of providing compensation pursuant to paragraphs (1) to (7), inclusive, average daily
attendance for the prior school year may be increased by a school district’s percentage of excused absences reported for the 1996–97 fiscal year.
(b) The compensation of members of the governing board of a school district newly organized or reorganized shall be governed by subdivision (a). For this purpose, the total average daily attendance in all of the schools of the school district in the school year in which the organization or reorganization became effective shall be considered the average daily attendance in the school district for the prior school year.
(c) A member may be paid for any meeting when absent if the board, by resolution duly adopted and included in its minutes, finds that at the time of the meeting the member is performing services outside the meeting for
the school district or districts, the member was ill or on jury duty, or the absence was due to a hardship considered acceptable by the board.
(d) Compensation provided pursuant to this section shall be a charge against the funds of the school district. If the city board of education or the governing board of the school district is the governing board of more than one school district, the compensation shall be charged against and paid by the respective school districts in the same proportion as the salary of the city superintendent of schools is charged against them. Compensation shall be reduced by an amount equal to any salary or compensation paid to the members of the city board of education from any funds of the city.
(e) On an annual basis, the governing board may increase the compensation
of individual board members beyond the limits delineated in this section, in an amount not to exceed 5 percent based on the present monthly rate of compensation. An increase made pursuant to this subdivision shall be effective upon approval by the governing board.
(f) The governing board of a school district may award a pupil member elective course credit based on the number of equivalent daily instructional minutes for the pupil member’s services provided.
SEC. 5.
Section 44918 of the Education Code is amended to read:44918.
(a) Any employee classified as a substitute or temporary employee, who serves during one school year for at least 75 percent of the number of days the regular schools of the district were maintained in that school year and has performed the duties normally required of a certificated employee of the school district, shall be deemed to have served a complete school year as a probationary employee if employed as a probationary employee for the following school year.(b) Any such employee shall be reemployed for the following school year to fill any vacant positions in the school district unless the employee has been released pursuant to subdivision (b) of Section
44954.
(c) If an employee was released pursuant to subdivision (b) of Section 44954 and has nevertheless been retained as a temporary or substitute employee by the district for two consecutive years and that employee has served for at least 75 percent of the number of days the regular schools of the district were maintained in each school year and has performed the duties normally required of a certificated employee of the school district, that employee shall receive first priority if the district fills a vacant position, at the grade level at which the employee served during either of the two years, for the subsequent school year. In the case of a departmentalized program, the employee shall have taught in the subject matter in which the vacant position occurs.
(d) Those
employees classified as substitutes, and who are employed to serve in an on-call status to replace absent regular employees on a day-to-day basis shall not be entitled to the benefits of this section.
(e) Permanent and probationary employees subjected to a reduction in force pursuant to Section 44955 shall, during the period of preferred right to reappointment, have prior rights to any vacant position in which they are qualified to serve superior to those rights hereunder afforded to temporary and substitute personnel who have become probationary employees pursuant to this section.
(f) This section shall not apply to any school district in which the average daily attendance is in excess of 250,000.
SEC. 6.
Section 44928 of the Education Code is amended to read:44928.
(a) No school in any school district having an average daily attendance in excess of 250,000 shall have at any time a certificated teaching staff, excluding substitutes employed pursuant to Section 45030, of whom more than 5 percent have only an emergency credential.(b) This section does not apply to emergency credentials for bilingual education or for education of the learning handicapped, severely handicapped, physically handicapped, or to any other emergency credential established for the purposes of special education.
SEC. 7.
Section 44959.5 of the Education Code is amended to read:44959.5.
(a) The layoff provisions of Sections 44955, 44956, 44957, 44958, and 44959 shall not be applicable to probationary certificated employees who are covered by a collective agreement which contains provisions for the layoff and reassignment of such employees.(b) If layoff proceedings are commenced under procedures prescribed by any of the sections referred to in subdivision (a), such proceedings shall continue in accordance with the statutory procedures, notwithstanding the subsequent adoption of a collective agreement or the inclusion in the coverage thereof of employees not so covered at the time such proceedings commenced.
(c) If layoff proceedings are commenced under a collective agreement which contains provisions for the layoff of probationary certificated employees, such proceedings shall continue in accordance with the agreement, notwithstanding the subsequent termination of the agreement.
(d) This section shall only apply to a school district in which the average daily attendance is 250,000 or more and shall not be interpreted to apply to the termination of any probationary certificated employee pursuant to Section 44948 or 44949.
SEC. 8.
Section 45168.5 of the Education Code is amended to read:45168.5.
(a) Notwithstanding any other law, the governing board of a school district that collects or deducts dues, agency fees, fair share fees, or any other fee or amount of money from the salary of a classified employee for the purpose of transmitting the money to an employee organization shall transmit the money to the employee organization within 15 days of issuing the paycheck containing the deduction to the employee.(b) (1) This section does not limit the right of an employee organization or affected employee to sue for a failure of the employer to transmit dues or fees pursuant to this section.
(2) In an action brought for a violation of subdivision (a), the court may award reasonable attorney’s fees and costs to the prevailing party if any party to the action requests attorney’s fees and costs.
(c) This section applies to 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).
(d) A school district or county office of education may not request, and the state board may not grant, a waiver of compliance with this section.
SEC. 9.
Section 45191 of the Education Code is amended to read:45191.
(a) (1) Every classified employee employed five days a week by a school district shall be entitled to 12 days leave of absence for illness or injury and such additional days, in addition thereto, as the governing board may allow for illness or injury, exclusive of all days the classified employee is not required to render service to the school district, with full pay for a fiscal year of service.(2) A classified employee, employed five days a week, who is employed for less than a full fiscal year is entitled to that proportion of 12 days leave of absence for illness or injury as the number of months the classified employee is
employed bears to 12 and the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service.
(3) A classified employee employed less than five days per week shall be entitled, for a fiscal year of service, to that proportion of 12 days leave of absence for illness or injury as the number of days the classified employee is employed per week bears to five and is entitled to the proportionate amount, consistent with this formula, of such additional days, in addition thereto, authorized by the governing board for classified employees employed five days a week for a full fiscal year of service. When such persons are employed for less than a full fiscal year of service this and the preceding
paragraph shall determine that proportion of leave of absence for illness or injury to which they are entitled.
(4) Pay for any day of absence described in paragraphs (1) to (3), inclusive, shall be the same as the pay which would have been received had the employee served during the day. Credit for leave of absence need not be accrued before taking such leave by the employee and such leave of absence may be taken at any time during the year. However, a new employee of a school district shall not be eligible to take more than six days, or the proportionate amount to which the employee may be entitled under this section, until the first day of the calendar month after completion of six months of active service with the district.
(b) If the employee does not take the full amount of leave allowed
in any year under this section the amount not taken shall be accumulated from year to year with such additional days as the governing board may allow.
(c) The governing board of each school district shall adopt rules and regulations requiring and prescribing the manner of proof of illness or injury for the purpose of this section. Such rules and regulations shall not discriminate against evidence of treatment and the need therefor by the practice of the religion of any well-recognized religious sect, denomination, or organization.
(d) The provisions of this section shall not apply to a school district or districts, governed by the same governing board, in which the combined average daily attendance of all school districts is in excess of 250,000, provided those school districts maintain
sick leave policies not less than those in effect in those school districts on January 1, 1961.
(e) 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.
SEC. 10.
Section 45251 of the Education Code is amended to read:45251.
In a unified school district with an average daily attendance in excess of 250,000, the governing board may authorize payment to members of the commission an amount not to exceed one hundred dollars ($100) per meeting, and not to exceed five hundred dollars ($500) per month.SEC. 11.
Section 45308 of the Education Code is amended to read:45308.
(a) Classified employees shall be subject to layoff for lack of work or lack of funds. If a classified employee is laid off, the order of layoff within the class shall be determined by length of service. The employee who has been employed the shortest time in the class, plus higher classes, shall be laid off first. Reemployment shall be in order of seniority.(b) (1) For purposes of this section, in school districts with an average daily attendance below 250,000 for service commencing or continuing after July 1, 1971, “length of service” means all hours in paid status, whether during the school year, a holiday, recess, or during any period that a school is in session or closed,
but does not include any hours compensated solely on an overtime basis as provided for in Section 45128. Nothing in this section shall preclude the governing board of a school district from entering into an agreement with the exclusive representative of the classified employees that defines “length of service” to mean the hire date. For purposes of this section, in school districts with an average daily attendance of 250,000 or more, for service commencing or continuing after January 1, 1986, “length of service” shall be determined by the date of hire.
(2) If a governing board enters into an agreement with the exclusive representative of classified employees that defines “length of service” to mean the hire date, the governing board may define “length of service” to mean the hire date for a classification of employee not represented by any
exclusive bargaining unit.
(c) This section does not preclude the granting of “length of service” credit for time spent on unpaid illness leave, unpaid maternity leave, unpaid family care leave, or unpaid industrial accident leave. In addition, for military leave of absence, “length of service” credit shall be granted pursuant to Section 45297. In the event an employee returns to work following any other unpaid leave of absence, no further seniority shall be accrued for the time not worked.
(d) “Hours in paid status” shall not be interpreted to mean any service performed before entering into a probationary or permanent status in the classified service of the school district except service in restricted positions as provided in this chapter.
