INITIAL STATEMENT OF REASONS

California State Special Schools for the Deaf or Blind,

or State Diagnostic Centers

CHAPTER 18. California State Special Schools For the Dear, or Blind, or State Diagnostic Centers

SUBCHAPTER 1. Employees

ARTICLE 1. Pay Plan for the Exempt Teaching Staff of the State Special Schools and Diagnostic Centers

SECTION 17600. Application of Article.

SECTION 17601. Definitions.

SECTION 17602. Fixing of School Term, Summer Session, and School Holidays.

SECTION 17603. Amendment of Calendar.

SECTION 17604. Categories of Employees for Pay Plan Purposes.

SECTION 17604.1. Establishment of Exempt Classifications.

SECTION 17605. Effective Date of Initial Appointment.

SECTION 17605.1. Failure to Meet a Requirement for Continuing Employment.

SECTION 17606. Pay Plan for School Term Employee.

SECTION 17607. Pay Plan for Summer Session Employee.

SECTION 17608. Pay Plan for Other Exempt Employees.

SECTION 17609. Personal Leave Days.

ARTICLE 2. Work Days and Vacation Credit

SECTION 17624. Application of Article

SECTION 17625. Definitions.

SECTION 17626. Categories and Classifications of Employees.

SECTION 17627. School Term Exempt Employees.

SECTION 17628. Fiscal Year Employees.

SECTION 17629. Summer Session Employees, Substitute Teachers, and Readers for the Blind.

ARTICLE 3. Tenure Rights of Exempt Staff

SECTION 17630.1. Application of Article

SECTION 17630.2. Categories and Classifications of Employees, and Definitions.

SECTION 17631. Acquisition of Tenure.

SECTION 17632. Tenure of a Supervisory or Managerial Exempt Employee.

SECTION 17633. Reappointment and Notice of Intention Not to Reappoint.

SECTION 17634. Acceptance of Appointment or Reappointment.

ARTICLE 4. Separation of Employees for Lack of Funds or Lack of Work

SECTION 17638. Application of Article.

SECTION 17639. Definitions, Categories, and Classifications of Employees.

SECTION 17640. Area and Order of Layoff.

SECTION 17641. Notice of Layoff.

SECTION 17642. Acceptance of Layoff.

ARTICLE 5. Termination of a Supervisory or Managerial Appointment

SECTION 17643. Application of Article.

SECTION 17644. Definitions, Categories, and Classifications of Employees.

SECTION 17645. Cause.

SECTION 17646. Notice of Termination.

SECTION 17647. Hearing.

SECTION 17648. Appeal

SECTION 17649. Termination.

SECTION 17650. Appointment after Termination.

SPECIFIC PURPOSE OF THE REGULATIONS

The intent of these regulations is to revise the rules governing certain employment conditions of teaching staff at the California State Special Schools and Diagnostic Centers, currently operating as the California School for the Deaf, Fremont, the California School for the Deaf, Riverside, the California School for the Blind (Fremont), the Diagnostic Center, North (Fremont), the Diagnostic Center, Central (Fresno), and the Diagnostic Center, South (Los Angeles). The teaching staff at these state agencies is exempt from state civil service under California State Constitution, article VII, section 4(i). Therefore, civil service regulations do not apply to these employees. Education Code sections 59003, 59103, 59203, and 33119 authorize the State Superintendent of Public Instruction (SSPI) to prescribe rules for the governing of these schools. The current rules under Title 5, chapter 18, sections 17600-17649 inclusive, were established as these rules.

NECESSITY/RATIONALE

The California Department of Education (CDE) has been operating under the current Title 5 rules for over four decades without revision. The rules as currently written were established prior to the passage of the State Employer Employee Relations Act (SEERA, chaptered as Government Code sections 3512-3539.5 inclusive). SEERA authorized collective bargaining for represented state employees, and specifically included the exempt teaching staff at the California State Special Schools and Diagnostic Centers. As a result of SEERA, Bargaining Unit 3 was established to address the working conditions of these employees, and many of the provisions of the current Title 5 rules were incorporated into the Unit 3 bargaining agreement. However, the current Title 5 rules still apply to conditions of employment that are not addressed in the Unit 3 bargaining agreement, and to employees who are not covered by a bargaining unit agreement (i.e., supervisory and managerial employees). The proposed rule amendments are designed to reflect the effects of SEERA on these rules, and to provide clarification for issues that are unclear under the current rules.

Chapter 18. California State Special Schools for the Deaf or Blind, or State Diagnostic Centers

Subchapter 1. Employees

The provisions of this chapter and subchapter address the employment rules affecting civil service exempt staff employed at the California State Special Schools and Diagnostic Centers. There are five articles within the subchapter, and amendments to each article are outlined below. The title of this chapter is amended to reflect the current names of the state agencies affected by these rules.

Article 1. Pay Plan for the Exempt Teaching Staff of the State Special Schools and Diagnostic Centers

The provisions of this article address the pay plan for the subject employees. There are twelve sections to Article 1; ten sections are amended as noted below, and two sections are added. The title of this article is amended to reflect the current names of the state agencies affected by these rules.

Section 17600. Application of Article.

The provisions of this section define exactly to whom the article applies. The words “members of the teaching staff of a special school” are deleted, and the words “a person employed by a state special school or diagnostic center, and who is appointed to a classification designated exempt from civil service under California State Constitution, article VII, section 4(i)” are added. This language more accurately describes the employees who are affected by these rules. The language amendment does not add or delete any employee who is not currently affected by these rules.

Additionally, language is added to state that if any provisions of the article are in conflict with the provisions of a bargaining unit agreement, then the bargaining unit agreement prevails. This language is needed to ensure that the rules may be superseded by a bargaining unit agreement.

Section 17601. Definitions

The provisions of this section establish definitions for terms applied to employees of the California State Special Schools and Diagnostic Centers. Existing definitions are amended or deleted, and new definitions are added. Amendments include rearranging the definitions to be listed alphabetically, deleting superfluous language, modifying definitions for clarification, and moving some definitions from other articles. Additions include definitions that were not previously addressed or are newly added and need to be defined. All changes are necessary to ensure that the terminology used for employees is consistent and will be understandable to both employees and administrators applying these rules.

Subdivision (a) – deletes a duplicate word, and the titles of the administrators have been modified to reflect current titles.

Subdivision (b) – deletes duplicate words.

Subdivision (c) – deletes a duplicate word, and adds clarifying language.

Subdivision (d) – is added to define “exempt classification.”

Subdivision (e) – is added to define “exempt staff.”

Subdivision (f) – is added and moved from section 17630. “Full-time service” is defined to be 90% of the work days for both school term and fiscal year employees. The 90% requirement is consistent with current bargaining unit contract language for represented employees.

Subdivision (g) – is added to define a “managerial employee.”

Subdivision (h) – deletes duplicate words and updates terminology to match current usage. Additionally, language defining the purpose for which a personal leave day may be used is deleted. It is not necessary to define such purpose because an employee may use such days for any reason subject to supervisory approval. This change is consistent with current bargaining unit contract language for represented employees.

Subdivision (i) – deletes duplicate words, and updates terminology to match current usage.

Subdivision (j)(1) – is converted only to subdivision (j), deletes duplicate and redundant words, and modifies the definition of “school term” to apply to any exempt staff employed for the school term. The length of the school term is modified from “at least 175 days” to “at least 184 days” to be consistent with current bargaining unit contract language for represented employees. Language is added to acknowledge the varying number of workdays in the school term for different exempt classifications.

Subdivision (j)(2) – is deleted as redundant because the language in subdivision (j) is expanded to include all exempt staff.

Subdivision (k) – deletes duplicate words, updates current terminology, and broadens the definition of a “special school” to remove reference to specific locations.

Subdivision (l) – is added to define “summer session.”

Subdivision (m) – is added to define “supervisory employee.”

Subdivision (n) – is added to define “vacation credit.”

Subdivision (o) – deletes duplicate and redundant words, and broadens the definition of “workday” to apply to all exempt staff.

Section 17602. Fixing of School Term, Summer Session, and School Holidays.

The provisions of this section discuss the process for establishing the academic work calendar for the exempt staff at the special schools. The title of this section is amended to update terminology to match current usage.

Subdivision (a) – updates terminology to match current usage, expands the academic calendar to apply to all exempt staff, and adds language to allow any combination of work days to be used for the academic calendar subject to the minimum number of required work days.

Subdivision (b) – updates terminology to match current usage.

Subdivision (c) – deletes redundant language.

Subdivision (c)(1) – updates terminology to match current usage.

Subdivision (c)(2) – updates terminology to match current usage, and adds clarifying language.

Subdivision (c)(3) – updates terminology to match current usage.

Subdivision (c)(4) – was formerly subdivision (d) and is amended to be a subdivision to (c). Language is added that recognizes separate academic calendars for separate exempt classifications.

Section 17603. Amendment of Calendar.

The provisions of this section discuss how the academic calendar may be amended. Language is added allowing the SSPI to delegate such responsibilities.

Section 17604. Categories of Employees for Pay Plan Purposes.

The provisions of this section establish the type of working types of employees at the special schools. The title of this section is amended to change to “categories” of employees, instead of “classification” of employees. Classifications have a separate meaning in state service and are not the intent of this section. The term classification is used for specific job titles and levels of exempt employees; e.g., teacher, teacher specialist, or site superintendent, and is discussed in section 17604.1.

Subdivision (a) – expands a “school term employee” to apply to all exempt staff hired to work for the school term.

Subdivision (a)(1) – is deleted. With the expansion of the language in subdivision (a), subdivision (a) (1) becomes redundant.

Subdivision (a)(2) – is deleted. With the expansion of the language in subdivision (a), subdivision (a)(2) becomes redundant.

Subdivision (b) – updates terminology to match current usage, and adds language to broaden the section to apply to all exempt staff.

Subdivision (c) – amends the definition of a “fiscal year” employee to a more simply stated definition. No change in intent is made.

Subdivision (c)(1) – is deleted as no longer needed. The School for the Blind no longer uses such a position.

Subdivision (c)(2) – is deleted. The section refers to a working title that is not officially used in these rules. Such language is also not appropriate to section 17604. Section 17628(e) specifies those employees who are employed for the fiscal year.

Subdivision (d) – deletes redundant language.

Subdivision (e) – amends language to expand the services provided by a reader for the blind.

Section 17604.1. Establishment of Exempt Classifications

This section is added. The term “classification” is moved from section 17604 and is applied to this section. State classifications have a specific meaning in state government and this section allows their establishment for the exempt teaching staff. The provisions of this section require the SSPI or designee to establish, modify, or abolish exempt classifications, allow the SSPI to determine the minimum requirements of each classification subject to state credentialing or licensing requirements, and specify that one or more title per classification may be established. Currently one or more classifications with the titles of teacher, teacher specialist, supervising teacher, assistant site superintendent, site superintendent, diagnostic center director, substitute teacher, and reader for the blind exist. For example, at the “teacher” level there are two separate classifications: Teacher, School for the Blind and Teacher, School for the Deaf. Many of the current classifications were modified in the 1990s to reflect changes in the operation of the special schools and diagnostic centers, such as the creation of new teacher specialist positions in the residential schools, the establishment of new supervising teacher levels in the residential schools, and the implementation of programmatic changes in the diagnostic centers. Periodically new classifications are needed and existing classifications need to be modified or abolished. These provisions allow the SSPI to enact such changes administratively.

Section 17605. Effective Date of Initial Appointment.

The provisions of this section determine the effective date of an exempt appointment. This section modifies the effective date of initial appointment to “the date the employee reports for duty.”

Subdivision (a) – is deleted. When the language to section 17605 is amended, subdivision (a) becomes redundant.

Subdivision (b) – is deleted. When the language to section 17605 is amended, subdivision (b) becomes redundant.

Section 17605.1. Failure to Meet a Requirement for Continuing Employment.

This section is added. The provisions of this section determine the procedures that would be followed if a person appointed to an exempt teaching position fails to meet a requirement for continuing employment. Most requirements for continuing employment at the State Special Schools or Diagnostic Centers would be the possession of a credential or license. Current state law requires the teaching staff at these facilities to possess one or more appropriate credentials or licenses to perform specific school functions. For example, a person teaching deaf students must possess appropriate certification for teaching deaf students, or a person performing speech and language duties must possess an appropriate license authorizing such service. At one time, California frequently issued licenses and credentials for life. However, currently most California credentials and licenses are issued with expiration dates. It is therefore incumbent on a person employed on the teaching staff to periodically renew his/her credentials or licenses in order to continue his/her employment. Should an employee fail to obtain such renewal, these provisions would apply to remove, demote, or transfer that employee. Such action is considered non-disciplinary, and thus is separate from procedures that would apply to an employee for wrongful behavior or performance.