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AB 961 Assembly Bill - AMENDED Page 2 of 7
<br /> Code is amended to read:
<br /> 3516. The — scope - of — representation shall be limited to wages,
<br /> hours, an term's - and conditions of employment, except, however,
<br /> that the scope of representation shall- not either ofd
<br /> "`(a) A consideration of the
<br /> merits, necessity, or organization of any service or activity
<br /> provided by law or executive order.
<br /> C(b) Mattei-s— rela to pension befits.____ },
<br /> SEC: - 3. Section 3543.2 of the
<br /> Government Code is amended to read:
<br /> 3543.2. (a) The scope of representation shall be limited to
<br /> matters relating to wages, hours of employment, and other terms and
<br /> conditions of employment. "Terms and conditions of employment" mean
<br /> health and welfare benefits as defined by Section 53200, leave,
<br /> transfer and reassignment policies, safety conditions of employment,
<br /> class size, procedures to be used for the evaluation of employees,
<br /> organizational security pursuant to Section 3546, procedures for
<br /> processing grievances pursuant to Sections 3548.5, 3548.6, 3548.7,
<br /> and 3548.8, and the layoff of probationary certificated
<br /> school district employees, pursuant to Section 44959.5 of the
<br /> Education Code a.w elt v,..rc..o t uc.,v:rt3
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<br /> . In addition, the exclusive
<br /> representative of certificated personnel has the right to consult on
<br /> the definition of educational objectives, the determination of the
<br /> content of courses and curriculum, and the selection of textbooks to
<br /> the extent such matters are within the discretion of the public
<br /> school employer under the law. All matters not specifically
<br /> enumerated are reserved to the public school employer and may not be
<br /> a subject of meeting and negotiating, provided that nothing herein
<br /> may be construed to limit the right of the public school employer to
<br /> consult with any employees or employee organization on any matter
<br /> outside the scope of representation.
<br /> (b) Notwithstanding Section 44944 of the Education Code, the
<br /> public school employer and the exclusive representative shall, upon
<br /> request of either party, meet and negotiate regarding causes and
<br /> procedures for disciplinary action, other than dismissal, including a
<br /> suspension of pay for up to 15 days, affecting certificated
<br /> employees. If the public school employer and the exclusive
<br /> representative do not reach mutual agreement, then the provisions of
<br /> Section 44944 of the Education Code shall apply.
<br /> (c) Notwithstanding Section 44955 of the Education Code, the
<br /> public school employer and the exclusive representative shall, upon
<br /> request of either party, meet and negotiate regarding procedures and
<br /> criteria for the layoff of certificated employees for lack of funds.
<br /> If the public school employer and the exclusive representative do not
<br /> reach mutual agreement, then the provisions of Section 44955 of the
<br /> Education Code shall apply.
<br /> (d) Notwithstanding Section 45028 of the Education Code, the
<br /> public school employer and the exclusive representative shall, upon
<br /> request of either party, meet and negotiate regarding the payment of
<br /> additional compensation based upon criteria other than years of
<br /> training and years of experience. If the public school employer and
<br /> the exclusive representative do not reach mutual agreement, then the
<br /> provisions of Section 45028 of the Education Code shall apply.
<br /> (e) Pursuant to Section 45028 of the Education Code, the public
<br /> school employer and the exclusive representative shall, upon the
<br /> http: / /www.legi nfo.ca.gov /pub / 1 1 -12 /bi l l /asm /ab_0951- 1000 /ab_961 _b i t l_201103 31 _amended_as... 4/7/2011
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