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Section 35556 Of Article 6. Personnel In Reorganized Districts From California Education Code >> Division 3. >> Title 2. >> Part 21. >> Chapter 3. >> Article 6.
35556
. (a) The reorganization of any school district, or districts,
shall not affect the rights of persons employed in positions not
requiring certification qualifications to retain the salary, leaves,
and other benefits which they would have had if the reorganization
had not occurred. These persons shall be treated in the manner
provided in this section.
(b) All employees of every school district that is included in any other district, or all districts included in a new district, shall become employees of the new district.
(c) (1) When a portion of the territory of any district becomes part of another district, employees regularly assigned to perform their duties in the territory affected shall become employees of the acquiring district unless, in a manner consistent with relevant provisions of this code and with any applicable collective bargaining agreement, one of the following occurs:
(A) An employee elects to accept a vacant position, for which he or she qualifies, that the first district elects to fill.
(B) An employee elects to fill, by exercise of his or her rights of seniority under existing law or the collective bargaining agreement with the first district, a position, for which he or she qualifies, in the first district.
(C) An employee elects to have his or her name entered on a reemployment list of the first district.
(2) Employees whose assignments pertained to the affected territory, but whose employment situs was not in that territory, may elect to remain with the original district or become employees of the acquiring district.
(d) When the territory of any district is divided between, or among, two or more districts and the original district ceases to exist, employees of the original district regularly assigned to perform their duties in any specific territory of the district shall become employees of the district acquiring the territory. Employees not assigned to specific territory within the original district shall become employees of any acquiring district at the election of the employees.
(e) An employee regularly assigned by the original district to any school in the district shall be an employee of the district in which the school is located unless that employee elects to continue in the employ of the first district pursuant to subdivision (c).
(f) Except as otherwise provided in this section, nothing in this section shall be construed to deprive the governing board of the acquiring district from making reasonable reassignments of duties.
(g) The amendments to this section made during the 1999-2000 Regular Session of the Legislature shall apply only to school district reorganizations commenced on or after January 1, 2000.
(b) All employees of every school district that is included in any other district, or all districts included in a new district, shall become employees of the new district.
(c) (1) When a portion of the territory of any district becomes part of another district, employees regularly assigned to perform their duties in the territory affected shall become employees of the acquiring district unless, in a manner consistent with relevant provisions of this code and with any applicable collective bargaining agreement, one of the following occurs:
(A) An employee elects to accept a vacant position, for which he or she qualifies, that the first district elects to fill.
(B) An employee elects to fill, by exercise of his or her rights of seniority under existing law or the collective bargaining agreement with the first district, a position, for which he or she qualifies, in the first district.
(C) An employee elects to have his or her name entered on a reemployment list of the first district.
(2) Employees whose assignments pertained to the affected territory, but whose employment situs was not in that territory, may elect to remain with the original district or become employees of the acquiring district.
(d) When the territory of any district is divided between, or among, two or more districts and the original district ceases to exist, employees of the original district regularly assigned to perform their duties in any specific territory of the district shall become employees of the district acquiring the territory. Employees not assigned to specific territory within the original district shall become employees of any acquiring district at the election of the employees.
(e) An employee regularly assigned by the original district to any school in the district shall be an employee of the district in which the school is located unless that employee elects to continue in the employ of the first district pursuant to subdivision (c).
(f) Except as otherwise provided in this section, nothing in this section shall be construed to deprive the governing board of the acquiring district from making reasonable reassignments of duties.
(g) The amendments to this section made during the 1999-2000 Regular Session of the Legislature shall apply only to school district reorganizations commenced on or after January 1, 2000.
