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 Bill Text - AB-1247 Classified employees: school districts and community college districts: contracting out: training requirements.

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 |Add To My Favorites |Track Bill | Version: 02/21/25 - Introduced

 AB-1247 Classified employees: school districts and community college districts: contracting out: training requirements.(2025-2026)

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 Date Published: 02/21/2025 09:00 PM

AB1247:v99#DOCUMENTBill Start

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 1247

Introduced by Assembly Member Garcia

February 21, 2025

 An act to amend Sections 45103.1 and 88003.1 of, and to add Sections 45103.3 and 88003.3 to, the Education Code, relating to classified employees. 

LEGISLATIVE COUNSEL'S DIGEST

AB 1247, as introduced, Garcia.
 Classified employees: school districts and community college districts: contracting out: training requirements.

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.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 YES 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 45103.1 of the Education Code is amended to read:

45103.1.

 (a) Notwithstanding any other provision of this chapter, personal services contracting for all services currently or customarily performed by classified school employees to achieve cost savings is permissible, unless otherwise prohibited, when all the following conditions are met:

(1) The governing board or contracting agency clearly demonstrates that the proposed contract will result in actual overall cost savings to the school district, provided that:

(A) In comparing costs, there shall be included the school district’s additional cost of providing the same service as proposed by a contractor. These additional costs shall include the salaries and benefits of additional staff that would be needed
 and the cost of additional space, equipment, and materials nee