California AB 1247

Existing law requires school districts and community college districts to employ persons for positions not requiring certification qualifications and to classify, as defined, these persons. These employees are generally known as classified employees. Existing law also authorizes school districts and community college districts to contract for personal services currently or customarily performed by classified employees to achieve cost savings, unless otherwise prohibited, when certain conditions are met, including, among others, that the contract includes assurances that the contractor's hiring practices meet applicable nondiscrimination standards. This bill would add to the conditions referenced above (1) that the contract guarantees contributions to any bona fide fringe benefit programs providing health care or retirement benefits to a direct hire that are equivalent to the amount that would be contributed if the contracted worker was a direct hire and (2) that the contract also includes assurances that contracted workers meet or exceed the minimum qualifications and standards, as provided, required of direct hires who perform or have performed the same job functions. This bill would require school districts and community college districts to compensate their classified employees at their regular rate of pay for time necessary to complete any training mandated by law, a collective bargaining agreement, or an employer policy. The bill, notwithstanding any other law, would require those trainings, whether conducted online or in person, to allow for a classified employee to ask questions and have the questions answered by a natural person in real time during the trainings. The bill, notwithstanding any other law, would require any of those trainings that are related to child abuse reporting, suicide prevention, sexual harassment, or discrimination to be conducted in person. To the extent these training requirements would impose additional duties on school districts and community college districts, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.