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SB 691 (Steinberg)
Education employment.
LEGISLATIVE COUNSEL'S DIGEST


SB 691, as amended, Yee Steinberg .
Reporting crimes. Education employment.

(1) Existing law requires that, when a reduction in the number of
certificated employees employed by a school district is authorized
for specified reasons, the layoffs occur in order of employee
seniority. Existing law provides certain exceptions to this
requirement, including an exception for purposes of maintaining or
achieving compliance with constitutional requirements related to
equal protection of the laws. Existing law requires, for 39 months
from the date of termination, that any employee who in the meantime
has not attained 65 years of age have the preferred right to
reappointment, in the order of original employment, as specified.
Existing law provides certain exceptions to this requirement,
including an exception for purposes of maintaining or achieving
compliance with constitutional requirements related to equal
protection of the laws.

This bill would provide that this exception relates to both pupils
and certificated employees. The bill would require that, when
classroom teachers, as defined, are subject to notice and layoffs
pursuant to these provisions, that the proportion of classroom
teachers terminated at schools in deciles 1 to 3, inclusive, of the
Academic Performance Index in any given year as part of a reduction
in the number of employees pursuant to these provisions be no greater
than the proportion of classroom teachers noticed and, when
applicable, terminated, respectively, in the school district as a
whole.

(2) Existing law requires, when a reduction in the number of
certificated employees employed by a school district is authorized
for specified reasons, the notice of the termination of the services
of an employee in the subsequent school year be given by the
governing board to the employee, in a prescribed manner, before May
15. Existing law requires the superintendent of the district, prior
to March 15 and before an employee is given the described notice, to
give written notice to the governing board and the employee that it
has been recommended that the notice be given to the employee, and
stating the reasons therefor. Existing law authorizes an employee who
is given this notice to request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year. Existing
law requires that an administrative law judge conduct this hearing,
and issue a proposed decision to the governing board containing
certain findings of fact and a determination as to the sufficiency of
cause for the termination.

This bill would require that this determination also include a
determination as to whether the notices of termination issued at
schools in deciles 1 to 3, inclusive, of the Academic Performance
Index violate the aforementioned limit on terminations of classroom
teachers.

Existing law, subject to exceptions, provides that any person who
reasonably believes that he or she has observed the commission of a
murder, rape, or lewd and lascivious act committed by use of force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person, where the victim of any of
these crimes is under 14 years of age, shall notify a peace officer.
Violation of these provisions is a misdemeanor punishable by a fine
not exceeding $1,500 or incarceration not exceeding 6 months in a
county jail, or both the fine and incarceration.

This bill would expand those provisions to apply when the victim
of the offense observed is under 18 years of age, and would specify
that this obligation to report crimes to a peace officer applies to
sodomy, oral copulation, and sexual penetration, as specified, where
those crimes are accomplished by use of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim
or another person, and rape in concert. The bill would provide
additional exceptions to the reporting requirement for domestic
partners, for children under 12 years of age, and for victims of the
offenses that are subject to reporting. The bill would provide that a
violation of these reporting obligations may also be punished as an
infraction by a fine of $250.

By expanding the scope of an existing crime, this 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 no reimbursement is required by this
act for a specified reason.




Comments/questions on SB 691 (Steinberg): Education employment.

 

Bill Text:

  • 08/30/10 - Amended Assembly (pdf)
  • 08/20/10 - Amended Assembly (pdf)
  • 06/02/09 - Amended Senate (pdf)
  • 06/01/09 - Amended Senate (pdf)
  • 04/13/09 - Amended Senate (pdf)
  • 02/27/09 - Introduced (pdf)

  • Bill Location:

  • Asm Appropriations

  • Last Action:

  • 08/30/10: Joint Rule 62(a) file notice suspended.

  • Votes
  • 08/31/10 - Asm Appropriations: 4-5 (FAIL)
  • 07/15/09 - Asm Appropriations: 16-0 (PASS)
  • 07/07/09 - Asm Business and Professions: 11-0 (PASS)
  • 07/07/09 - Asm Business, Professions and Consumer Protection: 11-0 (PASS)
  • 06/03/09 - Senate Floor: 37-0 (PASS)
  • 05/28/09 - Sen Appropriations: 12-0 (PASS)
  • 05/18/09 - Sen Appropriations: 13-0 (PASS)
  • 04/27/09 - Sen Business, Professions and Economic Development: 7-0 (PASS)


  • Bill Analysis
  • 08/31/10 - Sen. Floor Analyses
  • 08/20/10 - Assembly Floor Analysis
  • 08/14/09 - Assembly Floor Analysis
  • 07/14/09 - Appropriations
  • 07/06/09 - Business And Professions
  • 06/02/09 - Sen. Floor Analyses
  • 06/01/09 - Sen. Floor Analyses
  • 05/29/09 - Sen. Appropriations
  • 05/18/09 - Sen. Appropriations
  • 04/23/09 - Sen. Business, Professions And Economic Development

  •  

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