Elementary and secondary education: school employees.

Existing law requires the superintendent of each school district to assign employees employed in positions requiring certification qualifications to positions in which they are to serve, subject to the approval of the governing board of the school district. Existing law provides that the power of the superintendent of a school district to assign includes the power to transfer a teacher from one school to another school, as prescribed, when the superintendent concludes the transfer is in the best interest of the school district. This bill would instead provide that the power of the superintendent of a school district to assign includes the power to transfer a teacher when the superintendent concludes the transfer is in the best interest of the pupils. The bill would declare that it is the intent of the Legislature that if the amendments to this provision conflict with a collective bargaining agreement entered into between a public employer and an exclusive bargaining representative, the amendments shall not apply to the public employers or public employees subject to that agreement. Under existing law, when school employees are terminated pursuant to a reduction in workforce, a school district is generally required to terminate the employees in order of seniority. Existing law further provides those employees with a preferred right to reappointment and an opportunity for substitute service in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons, including to maintain or achieve compliance with constitutional requirements related to equal protection of the laws. This bill would authorize a school district to deviate from the general requirement that terminations and reappointments occur in order of seniority in order to maintain or achieve compliance with constitutional requirements related to equal protection of the law as it applies to pupils. The bill would also make nonsubstantive changes.