Section 54444.5 Of Article 3. Migrant Children From California Education Code >> Division 4. >> Title 2. >> Part 29. >> Chapter 4. >> Article 3.
54444.5
. The reorganization of service regions established pursuant
to Section 54444.1 shall not affect the right to retain salary,
leaves, and other benefits of persons employed in positions that do
not require certification as follows:
(a) An employee of a service region that is included in any other
service region shall become the employee of the new service region if
the new service region has an equivalent vacant position that the
new service region elects to fill in its program for migratory
children.
(b) When a portion of the service region of a regional service
center becomes part of another regional service center, an employee
regularly assigned to perform duties in the service region affected
shall become the employee of the acquiring regional service center if
the acquiring regional service center has an equivalent vacant
position that the acquiring regional service center elects to fill in
its program for migratory children. An employee whose assignment
pertained to the affected service region, but whose employment site
was not in the service region, may elect to remain with the original
regional service center or become the employee of the acquiring
regional service center if the acquiring regional service center has
an equivalent vacant position that the acquiring regional service
center elects to fill in its program for migratory children.
(c) When the service region of any regional service center is
divided between, or among, two or more regional service centers and
the original regional service center ceases to exist, an employee of
the original regional service center regularly assigned to perform
duties in any specific service region shall become the employee of
the regional service center acquiring the service region if the
acquiring regional service center has an equivalent vacant position
that the acquiring regional service center elects to fill in its
program for migratory children. An employee not assigned to a
specific service region within the original regional service center
shall become the employee of any acquiring regional service center at
the election of the employee if the acquiring regional service
center has an equivalent vacant position that the acquiring regional
service center elects to fill in its program for migratory children.
(d) If, pursuant to this section, an employee of a service region
is unable to become an employee of a new or acquiring service region
because there are no equivalent vacant positions available in the new
or acquiring service region, that employee shall be placed on an
eligibility list for an equivalent position for the migrant education
program in the new or acquiring service region for a period of not
less than 39 months.
(e) A service region that employs individuals pursuant to this
section shall do so on a seniority basis.