FINAL BILL REPORT

HB 2023

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 85 L 16

Synopsis as Enacted

Brief Description: Changing the deadline for notices of nonrenewal of contracts for certificated school employees.

Sponsors: Representatives Parker, Lytton, Magendanz, Riccelli, Ormsby, Fagan and Santos.

House Committee on Education

Senate Committee on Early Learning & K-12 Education

Background:

Certificated employees of school districts and Educational Service Districts (ESDs) are employed under contracts that may be no more than one year in length. If the employing district determines that the employment contract should not be renewed for the following year, the district must notify the employee in writing on or before May 15 preceding the beginning of the next school year. This notice must occur regardless of the reason for the contract nonrenewal, including for reasons of enrollment decline or loss of revenue. If notice is not provided according to these requirements, the employee is presumed to have been re-employed under the same terms and conditions for the following year. The notice must be provided in person, sent by certified or registered mail, or delivered to the employee's home.

There is an exception to the May 15 notification deadline. If the omnibus appropriations act, the general operating budget for the state, has not passed the Legislature by May 15, then the employing district has until June 15 to provide the required notice of contract nonrenewal.

Similar notification requirements exist for certificated persons in administrative positions that may be transferred to subordinate positions. A certificated employee of a school district that is working in a qualifying administrative position may be transferred, at the direction of the superintendent of the school district, to a subordinate certificated position in the district. If a transfer is to be made, the district must notify the administrator of the transfer by May 15 preceding the beginning of the school term, or by June 15 if the omnibus appropriations act has not passed the Legislature by May 15.

During odd-numbered years, the regular 105-day legislative session ends during the third week of April, generally around April 22 to April 25. During even-numbered years, the regular 60-day legislative session ends during the second week of March, generally around March 10 to March 14.

Summary:

School districts have until June 15, rather than May 15, to send contract nonrenewal notices to certificated employees, including transfer notices to administrators being transferred to a subordinate certificated position, if the omnibus appropriations act has not passed the Legislature by the end of the regular legislative session.

The ESDs have until June 15, rather than May 15, to send contract nonrenewal notices to certificated employees if the omnibus appropriations act has not passed the Legislature by the end of the regular legislative session.

Votes on Final Passage:

2015 Regular Session

House

95

3

2016 Regular Session

House

98

0

Senate

46

0

Effective:

March 31, 2016