The Governor recently signed into law Assembly Bill (AB) 2307, amending Education Code sections 45298 and 88117, which affects classified reemployment procedures for school districts and community colleges that have adopted the merit system. The existing statutory scheme for non-merit districts incorporates section 45298 and, therefore, the new legislation will also impact non-merit districts.
Under Education Code sections 45298 and 88117, school and community college districts that have adopted the merit system may lay off classified employees due to a lack of work or lack of funds and the laid off employees are eligible for reemployment for a period of 39 months. The new legislation requires that a person who is reemployed from the 39-month reemployment list into a new position, but does not complete the probationary period for the new position, must be returned to the reemployment list for the remainder of the 39-month period.
AB 2307 is consistent with last year's California Court of Appeal decision in California School Employees Association v. The Governing Board of the East Side Union High School District (March 2011). Please refer to CNB Number 14
, April 2011 for additional information. In that case, the court held that the permanent status of a laid off classified employee in a non-merit district was limited to the position or class in which it was achieved, and does not carry over when the employee is subsequently reemployed in a different, lower position. AB 2307 applies that holding to merit system districts and reaffirms the employee's right to return to the reemployment list when he or she cannot pass the probationary period of a new position.
While Education Code section 45298 applies to merit system school districts, Education Code section 45114 requires that non-merit districts adhere to section 45298's procedures. Since the new legislation amends section 45298, non-merit districts are also affected.
If you have any questions regarding AB 2307, or other issues related to labor and employment, please feel free to contact one of our eight offices
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