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Legal Resources | Education Code |  EC  35556  

Reorganization; Rights of Employees   

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(a) The reorganization of any school district, or school districts, shall not affect the rights of persons employed in positions not requiring certification qualifications to retain the salary, leaves, and other benefits that 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 school district, or all school districts included in a new district, shall become employees of the new district.

(c) (1) When a portion of the territory of any school district becomes part of another school 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 events occurs:

(A) An employee elects to accept a vacant position, for which he or she qualifies, that the original 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 original district, a position, for which he or she qualifies, in the original district.

(C) An employee elects to have his or her name entered on a reemployment list of the original 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 school district is divided between, or among, two or more new or acquiring 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 school district shall become employees of the school 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 school district shall be an employee of the school district in which the school is located unless that employee elects to continue in the employ of the original 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 new or 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.

(Amended by Stats. 2016, Ch. 186, Sec. 8.)