Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and to classify those employees and positions, and requires that they be known as the classified service.

This bill would require the State Department of Education, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, representatives of employee organizations, and representatives of voluntary local educational agencies, as defined, to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024. The bill would require the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors, as specified, and to recommend staffing ratios per grouping, as specified. The bill would require the workgroup to report its recommendations to the Legislature on or before December 31, 2025, as specified. The bill would become operative on July 1, 2024.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and to classify those employees and positions, and requires that they be known as the classified service.

This bill would require the State Department of Education, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, representatives of employee organizations, and representatives of voluntary local educational agencies, as defined, to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024. The bill would require the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors, as specified, and to recommend staffing ratios per grouping, as specified. The bill would require the workgroup to report its recommendations to the Legislature on or before December 31, 2025, as specified. The bill would become operative on July 1, 2024.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and to classify those employees and positions, and requires that they be known as the classified service.

This bill would require the State Department of Education, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, representatives of employee organizations, and representatives of voluntary local educational agencies, as defined, to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024. The bill would require the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors, as specified, and to recommend staffing ratios per grouping, as specified. The bill would require the workgroup to report its recommendations to the Legislature on or before December 31, 2025, as specified. The bill would require the workgroup to consult with the Chancellors Office of the California Community Colleges for existing guidance and, if applicable, to extrapolate from those guidelines in order to include classified employees at community colleges in the report, as provided. become operative on July 1, 2024.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and to classify those employees and positions, and requires that they be known as the classified service.

This bill would require the State Department of Education, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, and representatives of employee organizations, and representatives of voluntary local educational agencies, as defined, to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024. The bill would require the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors, as specified, and to recommend staffing ratios per grouping, as specified. The bill would require the workgroup to report its recommendations to the Legislature on or before December 31, 2025, as specified. The bill would require the workgroup to consult with the Chancellors Office of the California Community Colleges for existing guidance and, if applicable, to extrapolate from those guidelines in order to include classified employees at community colleges in the report, as provided.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and to classify those employees and positions, and requires that they be known as the classified service.

This bill would require the State Department of Education, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, and representatives of employee organizations, and the University of California, Los Angeles Labor Center, to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024. The bill would require the workgroup to group classified assignments in a reasonable manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors, as specified, and to recommend reasonable staffing ratios per grouping, as specified. The bill would require the workgroup to report its recommendations to the Legislature on or before December 31, 2025, as specified. The bill would require the workgroup to consult with the Chancellors Office of the California Community Colleges for existing guidance and, if applicable, to extrapolate from those guidelines in order to include classified employees at community colleges in the report, as provided.

Existing law requires the governing board of a school district to employ persons for positions not requiring certification qualifications and to classify those employees and positions, and requires that they be known as the classified service.

This bill would require the State Department of Education, in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, representatives of employee organizations, and the University of California, Los Angeles Labor Center, to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024. The bill would require the workgroup to group classified assignments in a reasonable manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors, and to recommend reasonable staffing ratios per grouping, as specified. The bill would require the workgroup to report its recommendations to the Legislature on or before December 31, 2025, as specified.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1273

Author:(Bonta)

As Amended Ver:September 1, 2023

Majority vote

SUMMARY

Requires the convening of a Classified Employee Staffing Ratio Workgroup (CESRW) to consider and make recommendations regarding certain aspects relating to this employment classification.

Senate Amendments

1. Remove the Chancellor's Office of the California Community Colleges (COCCC) among the entities with whom the workgroup must consult, among other provisions related to the COCCC.
2. Add representatives of voluntary local education agencies, including, but not limited to, members of governing boards of school districts, to the CESRW in which the State Department of Education must consult with for these purposes.
3. Define "voluntary local education agencies" to mean school districts, county offices of education, and special education local plan areas electing to participate in the workgroup.
4. Make the provisions of this bill operative on July 1, 2024.

COMMENTS

1. Classified Employees: Who They Are and What They Do

Generally, classified employees in the state's public education system are those who are not required to hold certain certification qualifications and provide custodial and maintenance, transportation, office and technical support, food service, and school safety services to students. Individuals in this classification provide basic needs, and help to maintain the social and emotional support of students in school districts. These employees help to keep students safe and schools operational.

In some instances, classified employees also may serve as paraeducators where students may require personalized educational support while the paraeducator is under the tutelage of a certificated employee (i.e., teacher).

1. Equity Solutions and Maximizing Benefits for Underserved and Marginalized Communities

Pursuant to House Resolution (HR) 39 (Gipson, 2021), to continue the Assembly's commitment to investing in equity solutions and maximizing benefits for underserved and marginalized communities, legislative analyses of the Assembly must discuss the equity impact that a bill will, or may, have on such communities, if any.

This bill does not present a particular focus towards addressing equity in relation to maximizing benefits for underserved or marginalized communities as articulated in HR 39. However, under a broader context, this bill may provide the Legislature with important information regarding classified employees, whom are some of the lowest paid employees in public service, and their employment following a report and recommendations from the workgroup.

3) Please see the policy committee analyses for a full discussion of this bill.

According to the Author

"[This bill] will provide a basic guide for our school community to understand what is the optimal staffing ratios for a school's staffing areas to ensure the conditions necessary for students to learn. The recommendations by the staffing experts and agencies will help us prepare for the next emergency as well, and to ensure school environment is one that allows all its inhabitants to learn."

Arguments in Support

The California Federation of Teachers, AFT, AFL-CIO, states in part that, "[l]ike many issues, COVID-19 exposed the lack of capacity that local education agencies' workforces had in order

to deal with the constant need to keep students and staff safe and healthy. Workforce loads in every sector suffered, including food service that prepared [lunch] to-go, custodial workers to keep facilities disinfected, and clerical workers who needed to track students and assist the dministration and faculty with the day-to-day needs of providing education services. There are

no standards in the state that recognize how many classified employees are reasonably required to meet the needs of the health and safety of students and staff at school sites.

"Classified school employees perform a myriad of jobs that keep schools clean, safe, and operative and ensure that student nutrition offerings, transportation, para-education service, and maintenance needs are met. There are hundreds of classifications that perform this work; from bus drivers to clerical staff, educators for children with special needs, custodial and the list goes on. Unfortunately, not every school site is staffed with adequate personnel to meet the needs of each school site. There is currently no guidance for optimal classified staffing ratios for schools." According to the California Federation of Teachers, AFT, AFL-CIO, this bill proposes to address those issues through the classified employee staffing ratio workgroup.

Arguments in Opposition

None.

FISCAL COMMENTS

The Senate Appropriations Committee notes that the California Department of Education indicates that it would incur one-time General Fund costs of $637,000 for staff to create and oversee the workgroup. The bill could result in one-time General Fund costs to impacted entities to consult with the workgroup. Impacted entities would include the Department of Industrial Relations, including its Division of Occupational Safety and Health (CalOSHA) and its Division of Labor Standards Enforcement (Labor Commissioner), as well as the University of California, Los Angeles Labor Center. The magnitude of these costs is unknown, but potentially in the hundreds of thousands of dollars across all impacted entities.

VOTES:

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 6-0-1

YES: McKinnor, Addis, Alanis, Haney, Stephanie Nguyen, Schiavo

ABS, ABST OR NV: Lackey

ASM APPROPRIATIONS: 11-3-2

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

NO: Megan Dahle, Dixon, Mathis

ABS, ABST OR NV: Robert Rivas, Sanchez

ASSEMBLY FLOOR: 62-10-8

YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones‑Sawyer, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO: Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Joe Patterson, Ta

ABS, ABST OR NV: Aguiar-Curry, Chen, Kalra, Lackey, Mathis, Papan, Jim Patterson, Sanchez

SENATE FLOOR: 31-8-1

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ABS, ABST OR NV: Caballero

UPDATED

VERSION: September 1, 2023

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0002350

 THIRD READING  

Bill No: AB 1273

Author: Bonta (D), et al.

Amended: 9/1/23 in Senate

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 4-0, 6/22/23

AYES: Cortese, Durazo, Laird, Smallwood-Cuevas

NO VOTE RECORDED: Wilk

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/23

AYES: Portantino, Ashby, Bradford, Wahab, Wiener

NOES: Jones, Seyarto

ASSEMBLY FLOOR: 62-10, 5/25/23 - See last page for vote

SUBJECT: Classified employees: Classified Employee Staffing Ratio Workgroup

SOURCE: California Federation of Teachers

DIGEST:

This bill requires the California Department of Education (CDE) to convene a workgroup on or before December 31, 2024, for the purpose of reporting recommendations to the Legislature on or before December 31, 2025, on appropriate staffing ratios for classified school employees. The bill becomes operative July 1, 2024.

ANALYSIS:

Existing law:

1. Establishes in the state government a State Department of Education (CDE) and requires the department to do all of the following: (a) revise and update budget manuals, forms and guidelines; (b) cooperate with federal and state agencies in prescribing rules and regulations, and instructions required by those agencies; (c) assess the needs and methods of collecting and disseminating financial information; (d) conduct workshops and conferences for the purpose of training school district and county personnel; (e) provide consultant services to colleges and universities on courses of instruction relative to school budgets and accounting practices. (f) report the identity of any certificated person who knowingly and willfully reports false fiscal expenditure data relative to the conduct of any educational program. (Education Code (ED) § 33300 and § 33316).
2. Requires a school district or charter school, as a condition of receipt of apportionment for pupils in a transitional kindergarten program to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite and to maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms, as specified. (ED § 48000(g))
3. Establishes, within the Labor and Workforce Development Agency, the Department of Industrial Relations (DIR) consisting of five divisions, including the Division of Labor Standards Enforcement (DLSE), led by the Labor Commissioner and tasked with enforcing labor standards; and the Division of Occupational Safety and Health (CalOSHA), tasked with authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. (Labor Code (LC) §§ 21, 50, 50.5, 50.7, 70, 79, 82, 83, 90.5, 6300, 6302(d), and § 6307)
4. Requires the governing board of a school or community college district to employ persons for positions not requiring certification qualifications and classify those employees and positions, as specified. The employees and positions shall be known as the classified service. (ED § 45103 and § 88003)
5. Authorizes school and community college districts to adopt, as specified, a civil service merit system to regulate personnel through a 3-member personnel commission (college districts may have 5 members) and a personnel director (Education Code § 45221 et seq. and Education Code § 88051 et seq.).
6. Requires, where a district adopts a merit system, the personnel commission to classify all employees and positions within the district’s jurisdiction and designate them as the classified service. However, specified employees, including certificated employees, are exempt from the classified service (Education Code § 45256 and § 88076).
7. Provides for the appointment process of a personnel commission should a school or community college district adopt a merit system election. (EC § 45240 et seq. and § 88060 et seq.)
8. Establishes the Educational Employment Relations Act (EERA) of 1976 providing for collective bargaining in California's public schools (K-12) and community colleges, as specified. (Government Code § 3540 et seq.)
9. Limits the scope of representation for bargaining to matters relating to wages, hours of employment, and other terms and conditions of employment and defines “Terms and conditions of employment” to mean, inter alia, safety conditions of employment. (GC § 3543.2 (a))

This bill:

1. Requires the California Department of Education (CDE) to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024, in consultation with the Division of Occupational Safety and Health (CalOSHA), the Department of Industrial Relations (DIR), the Labor Commissioner (LC), representatives of employee organizations, and representatives of voluntary local educational agencies, including, but not limited to, members of governing boards of school districts.
2. Defines “voluntary local educational agencies” to mean school districts, county offices of education, and special education local plan areas electing to participate in the workgroup.
3. Requires the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors.
4. Permits the workgroup to include in the groupings of classified assignments the categories of food service, maintenance and operations, office and technical services, paraeducators, special services, including law enforcement, and transportation services.
5. Requires the workgroup to recommend staffing ratios per identified grouping of classified assignments.
6. Requires the workgroup to take into account the physical, mental, and emotional impact of a pandemic or other emergency environment on workers.
7. Requires the staffing ratios to compare the number of classified staff needed for each group with the number of pupils. The staffing ratio may compare other factors, as relevant to the group of classified workers.
8. Requires the workgroup, on or before December 31, 2025, to report recommendations on appropriate staffing ratios for classified school employees to the Legislature, as specified.
9. Provides that this bill becomes operative July 1, 2024.

Comments

Need for this bill? According to the author,

“California students cannot learn without a safe learning environment created by adequate staffing. The outcomes of inadequate staffing are illustrated not just in tragic headlines of students found overdosing in school facilities, but also the basic resources necessary for equal access to instructional materials, quality teachers, and safe schools. Under current law, school districts must assess the safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair. While there are reporting requirements to ensure these facility needs, there is not practical guidance on what best practices will help a school maintain the adequate staffing needs to ensure students have this access.”

“Research indicates a lower ratio of students to staff in educational settings create better outcomes. While the primary research has been provided in early childhood environments, there is no reason to believe that these outcomes would be different for older students.”

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• CDE indicates that it would incur one-time General Fund costs of $637,000 for staff to create and oversee the workgroup.
• The bill could result in one-time General Fund costs to impacted entities to consult with the workgroup. Impacted entities would include the Department of Industrial Relations, including its Division of Occupational Safety and Health (CalOSHA) and its Division of Labor Standards Enforcement (Labor Commissioner), as well as the University of California, Los Angeles Labor Center. The magnitude of these costs is unknown, but potentially in the hundreds of thousands of dollars across all impacted entities.

SUPPORT: (Verified 9/1/23)

California Federation of Teachers (source)

American Federation of State, County and Municipal Employees

California Labor Federation

California School Employees Association

California Teachers Association

OPPOSITION: (Verified 9/1/23)

None received

ARGUMENTS IN SUPPORT: According to the California Federation of Teachers,

“Classified school employees perform a myriad of jobs that keep schools clean, safe, and operative and ensure that student nutrition offerings, transportation, para-education service, and maintenance needs are met. There are hundreds of classifications that perform this work; from bus drivers to clerical staff, educators for children with special needs, custodial and the list goes on. Unfortunately, not every school site is staffed with adequate personnel to meet the needs of each school site.”

“There is currently no guidance for optimal classified staffing ratios for schools. This bill will convene a workgroup to establish ideal classified staff obligation numbers for school sites based on workloads, enrollment, and other reasonable factors.”

ASSEMBLY FLOOR: 62-10, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NOES: Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Joe Patterson, Ta

NO VOTE RECORDED: Aguiar-Curry, Chen, Kalra, Lackey, Mathis, Papan, Jim Patterson, Sanchez

Prepared by: Glenn Miles / L., P.E. & R. / (916) 651-1556

9/2/23 14:07:37

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1273 (Bonta) - Classified employees: Classified Employee Staffing Ratio Workgroup

Bill Summary:

AB 1273 would require the California Department of Education (CDE) to convene a workgroup on or before December 31, 2024, in consultation with specified entities, for the purpose of reporting recommendations to the Legislature on or before December 31, 2025, on appropriate staffing ratios for classified school employees.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on September 1, 2023

Fiscal Impact:

• CDE indicates that it would incur one-time General Fund costs of $637,000 for staff to create and oversee the workgroup.
• The bill could result in one-time General Fund costs to impacted entities to consult with the workgroup. Impacted entities would include the Department of Industrial Relations, including its Division of Occupational Safety and Health (CalOSHA) and its Division of Labor Standards Enforcement (Labor Commissioner), as well as the University of California, Los Angeles Labor Center. The magnitude of these costs is unknown, but potentially in the hundreds of thousands of dollars across all impacted entities.

Author Amendments:

Remove the California Community Colleges from the bill and delay implementation until July 1, 2024.

-- END --

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1273 (Bonta) - Classified employees: Classified Employee Staffing Ratio Workgroup

Bill Summary:

AB 1273 would require the California Department of Education (CDE) to convene a workgroup on or before December 31, 2024, in consultation with specified entities, for the purpose of reporting recommendations to the Legislature on or before December 31, 2025, on appropriate staffing ratios for classified school employees.

Fiscal Impact:

• CDE indicates that it would incur one-time General Fund costs of $637,000 for staff to create and oversee the workgroup.
• The bill could result in one-time General Fund costs to impacted entities to consult with the workgroup. Impacted entities would include the Department of Industrial Relations, including its Division of Occupational Safety and Health (CalOSHA) and its Division of Labor Standards Enforcement (Labor Commissioner), as well as the University of California, Los Angeles Labor Center and the Chancellor’s Office of the California Community Colleges. The magnitude of these costs is unknown, but potentially in the hundreds of thousands of dollars across all impacted entities.

Background:

Classified school employees serve at K-12 schools and community colleges in positions not requiring certification. Classified staff include bus drivers, clerical staff, instructional aids, custodial staff, workers at school district warehouses, and others.

Proposed Law:

This bill would, among other things, would do the following:

• Require CDE to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024, in consultation with CalOSHA, DIR, the Labor Commissioner, representatives of employee organizations, and representatives of voluntary local educational agencies, as defined.
• Require the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors.
• Permit the workgroup to include in the groupings of classified assignments the categories of food service, maintenance and operations, office and technical services, paraeducators, special services, including law enforcement, and transportation services.
• Require the workgroup to recommend staffing ratios per identified grouping of classified assignments.
• Require the workgroup to take into account the physical, mental, and emotional impact of a pandemic or other emergency environment on workers.
• Require the staffing ratios to compare the number of classified staff needed for each group with the number of pupils. The staffing ratio may compare other factors, as relevant to the group of classified workers.
• Require the workgroup, on or before December 31, 2025, to report recommendations on appropriate staffing ratios for classified school employees to the Legislature, as specified.
• Require the working group to consult with the Chancellor’s Office of the California Community Colleges for existing guidance and, if applicable, shall extrapolate from those guidelines in order to include classified employees at community colleges in the report. If there is no guidance, or the workgroup determines that the guidance is not applicable, then the workgroup shall not include community college classified employees in the report.

Staff Comments:

For 2024 and 2025, CDE would require two full-time positions to staff the bill’s proposed workgroup project. One of these positions would continue part-time for an additional six months. As noted above, total staffing costs would be $637,000.

-- END --

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Dave Cortese, Chair

2023 - 2024 Regular

Bill No: AB 1273 Hearing Date: June 22, 2023

SUBJECT: Classified employees: Classified Employee Staffing Ratio Workgroup.

KEY ISSUE

Should the state require the California Department of Education (CDE) to convene a workgroup on or before December 31, 2024, in consultation with the Division of Occupational Safety and Health (CalOSHA), the Department of Industrial Relations (DIR), the Labor Commissioner (LC), representatives of employee organizations, and representatives of voluntary local educational agencies for the purpose of reporting recommendations to the Legislature on or before December 31, 2025, on appropriate staffing ratios for classified school employees?

ANALYSIS

Existing law:

1. Establishes in the state government a State Department of Education (CDE) and requires the department to do all of the following: (a) revise and update budget manuals, forms and guidelines; (b) cooperate with federal and state agencies in prescribing rules and regulations, and instructions required by those agencies; (c) assess the needs and methods of collecting and disseminating financial information; (d) conduct workshops and conferences for the purpose of training school district and county personnel; (e) provide consultant services to colleges and universities on courses of instruction relative to school budgets and accounting practices. (f) report the identity of any certificated person who knowingly and willfully reports false fiscal expenditure data relative to the conduct of any educational program. (Education Code (ED) § 33300 and § 33316).
2. Requires a school district or charter school, as a condition of receipt of apportionment for pupils in a transitional kindergarten program to maintain an average transitional kindergarten class enrollment of not more than 24 pupils for each schoolsite and to maintain an average of at least one adult for every 10 pupils for transitional kindergarten classrooms, as specified. (ED § 48000(g))
3. Establishes, within the Labor and Workforce Development Agency, the Department of Industrial Relations (DIR) consisting of five divisions, including the Division of Labor Standards Enforcement (DLSE), led by the Labor Commissioner and tasked with enforcing labor standards; and the Division of Occupational Safety and Health (CalOSHA), tasked with authorizing the enforcement of effective standards, assisting and encouraging employers to maintain safe and healthful working conditions, and by providing for research, information, education, training, and enforcement in the field of occupational safety and health. (Labor Code (LC) §§ 21, 50, 50.5, 50.7, 70, 79, 82, 83, 90.5, 6300, 6302(d), and § 6307)
4. Requires the governing board of a school or community college district to employ persons for positions not requiring certification qualifications and classify those employees and positions, as specified. The employees and positions shall be known as the classified service. (ED § 45103 and § 88003)
5. Authorizes school and community college districts to adopt, as specified, a civil service merit system to regulate personnel through a 3-member personnel commission (college districts may have 5 members) and a personnel director (Education Code § 45221 et seq. and Education Code § 88051 et seq.).
6. Where a district adopts a merit system, requires the personnel commission to classify all employees and positions within the district’s jurisdiction and designate them as the classified service. However, specified employees, including certificated employees, are exempt from the classified service (Education Code § 45256 and § 88076).
7. Provides for the appointment process of a personnel commission should a school or community college district adopt a merit system election. (EC § 45240 et seq. and § 88060 et seq.)
8. Establishes the Educational Employment Relations Act (EERA) of 1976 providing for collective bargaining in California's public schools (K-12) and community colleges, as specified. (Government Code § 3540 et seq.)
9. Limits the scope of representation for bargaining to matters relating to wages, hours of employment, and other terms and conditions of employment and defines “Terms and conditions of employment” to mean, inter alia, safety conditions of employment. (GC § 3543.2 (a))

This bill:

1. Requires the California Department of Education (CDE) to convene the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024, in consultation with the Division of Occupational Safety and Health (CalOSHA), the Department of Industrial Relations (DIR), the Labor Commissioner (LC), representatives of employee organizations, and representatives of voluntary local educational agencies, including, but not limited to, members of governing boards of school districts.
2. Defines “voluntary local educational agencies” to mean school districts, county offices of education, and special education local plan areas electing to participate in the workgroup.
3. Requires the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment, the type of work to be completed, the impact on the assignment made by enrollment at a schoolsite, specialized needs, including certifications or licenses, and other reasonable factors.
4. Permits the workgroup to include in the groupings of classified assignments the categories of food service, maintenance and operations, office and technical services, paraeducators, special services, including law enforcement, and transportation services.
5. Requires the workgroup to recommend staffing ratios per identified grouping of classified assignments.
6. Requires the workgroup to take into account the physical, mental, and emotional impact of a pandemic or other emergency environment on workers.
7. Requires the staffing ratios to compare the number of classified staff needed for each group with the number of pupils. The staffing ratio may compare other factors, as relevant to the group of classified workers.
8. Requires the workgroup, on or before December 31, 2025, to report recommendations on appropriate staffing ratios for classified school employees to the Legislature, as specified.
9. Requires the working group to consult with the Chancellor’s Office of the California Community Colleges for existing guidance and, if applicable, shall extrapolate from those guidelines in order to include classified employees at community colleges in the report. If there is no guidance, or the workgroup determines that the guidance is not applicable, then the workgroup shall not include community college classified employees in the report.

COMMENTS

1. Need for this bill?

According to the author,

“California students cannot learn without a safe learning environment created by adequate staffing. The outcomes of inadequate staffing are illustrated not just in tragic headlines of students found overdosing in school facilities, but also the basic resources necessary for equal access to instructional materials, quality teachers, and safe schools. Under current law, school districts must assess the safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair. While there are reporting requirements to ensure these facility needs, there is not practical guidance on what best practices will help a school maintain the adequate staffing needs to ensure students have this access.”

“Research indicates a lower ratio of students to staff in educational settings create better outcomes. While the primary research has been provided in early childhood environments, there is no reason to believe that these outcomes would be different for older students.”

2. Proponent Arguments

According to the California Federation of Teachers,

“Classified school employees perform a myriad of jobs that keep schools clean, safe, and operative and ensure that student nutrition offerings, transportation, para-education service, and maintenance needs are met. There are hundreds of classifications that perform this work; from bus drivers to clerical staff, educators for children with special needs, custodial and the list goes on. Unfortunately, not every school site is staffed with adequate personnel to meet the needs of each school site.”

“There is currently no guidance for optimal classified staffing ratios for schools. This bill will convene a workgroup to establish ideal classified staff obligation numbers for school sites based on workloads, enrollment, and other reasonable factors.”

3. Opponent Arguments:

None received.

4. Prior Legislation:

AB 185 (Committee on Budget), Chapter, 571, Statutes of 2022, (the Education Finance budget trailer bill), clarified that Transitional Kindergarten (TK) class size requirements are not subject to collectively bargained kindergarten class size alternative requirements (14); and also clarified how class size and the adult-to-pupil ratio should be defined for purposes of calculating the TK Local Control Funding Formula (25).

SUPPORT

California Federation of Teachers (Sponsor)

American Federation of State, County and Municipal Employees

California School Employees Association

California Teachers Association

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1273

Author:(Bonta)

As Amended Ver:May 18, 2023

Majority vote

SUMMARY

Requires the convening of a Classified Employee Staffing Ratio Workgroup, as specified, to consider and make recommendations regarding certain aspects relating to this employment classification.

Major Provisions

1. Require the California Department of Education (CDE), in consultation with the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, and representatives of employee organizations to convent the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024.
2. Require the workgroup to group classified assignments in a manner that reflects the environmental setting of the assignment; the type of work to be completed; the impact on the assignment made by enrollment at a schoolsite; specialized needs, including certifications or licenses, and other reasonable factors, in which groupings may include, but are not necessarily limited to, the categories of food services, maintenance and operations, office and technical services, paraeducators, special services, including law enforcement, and transportation services.
3. Require the workgroup to recommend staffing rations per grouping, as stated in "2)" above, and to take into account the physical, mental, and emotional impact of a pandemic or other emergency environment on workers, and that staffing ratios compare the number of classified staff needed for each group with the number of pupils, but the staffing ratio may compare other factors, as relevant to the group of classified workers.
4. Require the workgroup to consult with the Chancellor's Office of the Community Colleges for existing guidance and, if applicable, extrapolate from those guidelines to include classified employees at community colleges in the report. However, if there is no guidance, or the workgroup determines that the guidance is not applicable, then the workgroup must not include community college employees in the report.
5. Require the workgroup, on or before December 31, 2025, to report recommendations on appropriate staffing rations for classified school employees to the Legislature.

COMMENTS

1. Classified Employees: Who They Are and What They Do

Generally, classified employees in the state's public education system are those who are not required to hold certain certification qualifications and provide custodial and maintenance, transportation, office and technical support, food service, and school safety services to students. Individuals in this classification provide basic needs, and help to maintain the social and emotional support of students in school districts. These employees help to keep students safe and schools operational.

In some instances, classified employees also may serve as paraeducators where students may require personalized educational support while the paraeducator is under the tutelage of a certificated employee (i.e., teacher).

1. Equity Solutions and Maximizing Benefits for Underserved and Marginalized Communities

Pursuant to House Resolution (HR) 39 (Gipson, 2021), to continue the Assembly's commitment to investing in equity solutions and maximizing benefits for underserved and marginalized communities, legislative analyses of the Assembly must discuss the equity impact that a bill will, or may, have on such communities, if any.

This bill does not present a particular focus towards addressing equity in relation to maximizing benefits for underserved or marginalized communities as articulated in HR 39. However, under a broader context, this bill may provide the Legislature with important information regarding classified employees, whom are some of the lowest paid employees in public service, and their employment following a report and recommendations from the workgroup.

1. Please see the policy committee analysis for a full discussion of this bill.

According to the Author

"The optimal learning environment for a student to succeed requires that many factors be available and true at a school campus. Students have to be physically and mentally present, not distracted by hunger or pests, they have to be able to breath clean air, have lead-free water, and have access to adequate instructional materials. All of these conditions are made possible by the hardworking classified staff at school. Classified workers are the bus drivers, crossing guards, custodians, groundskeepers, and [information technology] professionals, food service workers, as well as the office staff who processes attendance and ensures the school's finances and emergency plans and contacts. The question of how many staff is necessary to create this a good learning climate is one that California has not answered. There is currently no guidance for administrators or parents, and that is what [this bill] seeks to answer.

"This [bill] will provide a basic guide for our school community to understand what is the optimal staffing ratios for a school's staffing areas to ensure the conditions necessary for students to learn. The recommendations by the staffing experts and agencies will help us prepare for the next emergency as well, and to ensure school environment is one that allows all its inhabitants to learn."

Arguments in Support

The California Federation of Teachers, AFT, AFL-CIO, states in part that, "[l]ike many issues, COVID-19 exposed the lack of capacity that local education agencies' workforces had in order

to deal with the constant need to keep students and staff safe and healthy. Workforce loads in every sector suffered, including food service that prepared [lunch] to-go, custodial workers to keep facilities disinfected, and clerical workers who needed to track students and assist the dministration and faculty with the day-to-day needs of providing education services. There are

no standards in the state that recognize how many classified employees are reasonably required to meet the needs of the health and safety of students and staff at school sites.

"Classified school employees perform a myriad of jobs that keep schools clean, safe, and operative and ensure that student nutrition offerings, transportation, para-education service, and maintenance needs are met. There are hundreds of classifications that perform this work; from bus drivers to clerical staff, educators for children with special needs, custodial and the list goes on. Unfortunately, not every school site is staffed with adequate personnel to meet the needs of each school site. There is currently no guidance for optimal classified staffing ratios for schools." According to the California Federation of Teachers, AFT, AFL-CIO, this bill proposes to address those issues through the classified employee staffing ratio workgroup.

Arguments in Opposition

None.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, this bill would result in the following:

1. One-time General Fund costs of $636,816 to the CDE for staff to create and oversee the workgroup. For 2024 and 2025, CDE staff would include two full-time education programs consultants (EPCs). The cost of each EPC is $141,515 per year. Two EPCs for two years and one EPC continuing part-time for six additional months would total $636,816 in staff costs.
2. Potential one-time General Fund costs to the Division of Occupational Safety and Health, the Department of Industrial Relations, and the Labor Commissioner to consult on the workgroup.

VOTES

ASM PUBLIC EMPLOYMENT AND RETIREMENT: 6-0-1

YES: McKinnor, Addis, Alanis, Haney, Stephanie Nguyen, Schiavo

ABS, ABST OR NV: Lackey

ASM APPROPRIATIONS: 11-3-2

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

NO: Megan Dahle, Dixon, Mathis

ABS, ABST OR NV: Robert Rivas, Sanchez

UPDATED

VERSION: May 18, 2023

CONSULTANT: Michael Bolden / P. E. & R. / (916) 319-3957 FN: 0000569

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1273

Author:(Bonta) – As Introduced Ver:February 16, 2023

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires, by December 31, 2024, the California Department of Education (CDE), in consultation with various organizations, including the Labor Commissioner and representatives of organized labor, to create a workgroup pertaining to classified employee staffing ratios. The group is to provide, by December 31, 2025, a report to the Legislature with recommendations on reasonable staffing ratios for classified school employees.

FISCAL EFFECT:

1. One-time General Fund costs of $636,816 to CDE for staff to create and oversee the workgroup. For 2024 and 2025, CDE staff would include two full-time education programs consultants (EPCs). The cost of each EPC is $141,515 per year. Two EPCs for two years and one EPC continuing part-time for six additional months would total $636,816 in staff costs.
2. Potential one-time General Fund costs to the Division of Occupational Safety and Health, the Department of Industrial Relations, the Labor Commissioner, and the University of California, Los Angeles Labor Center to consult on the workgroup.

The bill does not specify various elements of the workgroup’s charge. For example, it does not specify the ratio being compared, though one could assume it is the ratio of classified staff to students served. The bill also does not specify if classified staff serving in K-12 schools will be considered differently than those serving in community colleges for purposes of the bill, or whether classified staff serving at school sites will be considered differently than those serving at non-school sites. These details could affect the workgroup’s workload and, therefore, cost.

COMMENTS:

1. Purpose. According to the bill’s sponsor, the California Federation of Teachers (CFT), “There is currently no guidance for optimal classified staffing ratios for schools. This bill will convene a workgroup to establish ideal classified staff obligation numbers for school sites based on workloads, enrollment, and other reasonable factors.”
2. Background. Classified school employees serving at K-12 schools and community colleges in positions not requiring certification. Classified staff include bus drivers, clerical staff, instructional aids, custodial staff, workers at school district warehouses, and others. The California School Employee Association, a supporter of this bill, represents nearly 250,000 classified staff in California. CFT also represents many classified staff.

This bill requires a workgroup to determine “reasonable” classified employee staffing ratios.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: March 22, 2023

ASSEMBLY COMMITTEE ON PUBLIC EMPLOYMENT AND RETIREMENT

Tina S. McKinnor, Chair

ABPCA Bill Id:AB 1273 (

Author:Bonta) – As Introduced Ver:February 16, 2023

SUBJECT: Classified employees: Classified Employee Staffing Ratio Workgroup

SUMMARY: Requires the convening of a Classified Employee Staffing Ratio Workgroup, as specified, to consider and make recommendations regarding certain aspects relating to this employment classification, among other provisions. Specifically, this bill:

1. Requires the California Department of Education (CDE), in consultation with the Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA), the Labor Commissioner, representatives of employee organizations, and the University of California, Los Angeles’ Labor Center (UCLA Labor Center), to convent the Classified Employee Staffing Ratio Workgroup on or before December 31, 2024.
2. Requires the workgroup to group classified assignments in a reasonable manner that reflects the environmental setting of the assignment; the type of work to be completed; the impact on the assignment made by enrollment at a schoolsite; specialized needs, including certifications or licenses, and other reasonable factors.
3. Requires the workgroup to recommend staffing rations per grouping, as stated in “2)” above, and to take into account the physical, mental, and emotional impact of a pandemic or other emergency environment on workers.
4. Requires the workgroup, on or before December 31, 2025, to report recommendations on appropriate staffing rations for classified school employees to the Legislature, as provided.

EXISTING LAW:

1. Sets forth the employment of classified employees in elementary, secondary, and postsecondary education, as provided.^[1]
2. Establishes the “merit system” as a method of personnel management, which is designed to promote the efficiency and economy if the education workforce, and the good of the public by providing for the selection and retention of employees, promotional opportunities, in-service training, and other related matters on the basis of merit, fitness, and the principle of “like pay for like work.” The merit system in California’s public education is administered by various personnel commissions throughout the state for educational jurisdictions that have adopted this system. ^[2]

FISCAL EFFECT: Unknown. This bill is flagged fiscal by Legislative Counsel.

COMMENTS: Information from the author states that, “California students cannot learn without a safe learning environment created by adequate staffing. The outcomes of inadequate staffing are illustrated not just in tragic headlines of students found overdosing in school facilities,^[3] but also the basic resources necessary for equal access^[4] to instructional materials, quality teachers, and safe schools. Under current law, school districts must assess the safety, cleanliness, and adequacy of school facilities, including any needed maintenance to ensure good repair. While there are reporting requirements to ensure these facility needs, there is not practical guidance on what best practices will help a school maintain the adequate staffing needs to ensure students have this access.

“Research indicates a lower ratio of students to staff in educational settings create better outcomes. While the primary research has been provided in early childhood environments, there is no reason to believe that these outcomes would be different for older students.”

In addition, “[c]lassified staff partner with teachers to provide our six million students with a quality public education. A student’s school day begins with the first school bus ride in the morning and ends when the custodian turns off the lights at night. Without this necessary support and essential staff on campus, students will not have a safe learning environment.

“While the inadequate staffing and lack of best practices predates the COVID-19 pandemic, the dangerous outcomes of this inadequate staffing are one of the many hard lessons of this pandemic. Classified staff were necessary to help schools adapt by providing information technology accounts for online services, coordinating food distribution during supply issues, or ensuring that surfaces were wiped down to decrease transmission of a lethal virus.

Noted in numerous news articles and association surveys, school districts across the state have struggled to hire adequate staffing to ensure students have an optimal learning environment.^[5] For example, in 2019, Burbank Unified School District created a regional comparison of classified staffing ratios and illustrated the range in staffing.^[6] While the school district then had a 30:1 ratio for classified staff to students, other comparative school districts had an average of 24:1 ratio of classified staff to students.”

Further, “[w]hile COVID-19 exposed the lack of capacity that local education agencies' workforces had in order to deal with the constant need to keep students and staff safe and healthy we do not need to wait for another emergency to address this student and workforce safety issue. Currently there are no standards in the state that recognize how many classified employees are reasonably required to meet the needs of the health and safety of students and staff at school sites.”

Regarding this bill, the author states that, “[t]he optimal learning environment for a student to succeed requires that many factors be available and true at a school campus. Students have to be physically and mentally present, not distracted by hunger or pests, they have to be able to breath clean air, have lead-free water, and have access to adequate instructional materials. All of these conditions are made possible by the hardworking classified staff at school. Classified workers are the bus drivers, crossing guards, custodians, groundskeepers, and [information technology] professionals, food service workers, as well as the office staff who processes attendance and ensures the school’s finances and emergency plans and contacts. The question of how many staff is necessary to create this a good learning climate is one that California has not answered. There is currently no guidance for administrators or parents, and that is what [this bill] seeks to answer.

“This [bill] will provide a basic guide for our school community to understand what is the optimal staffing ratios for a school’s staffing areas to ensure the conditions necessary for students to learn. The recommendations by the staffing experts and agencies will help us prepare for the next emergency as well, and to ensure school environment is one that allows all its inhabitants to learn.”

1. Classified Employees: Who They Are and What They Do

Generally, classified employees in the state’s public education system are those who are not required to hold certain certification qualifications and provide custodial and maintenance, transportation, office and technical support, food service, and school safety services to students. Individuals in this classification provide basic needs, and help to maintain the social and emotional support of students in school districts. These employees help to keep students safe and schools operational.

In some instances, classified employees also may serve as paraeducators where students may require personalized educational support while the paraeducator is under the tutelage of a certificated employee (i.e., teacher).

1. The Role of the Personnel Commission in Jurisdictions that Have Adopted the Merit System

In the California public education arena, a personnel commission is an independent body authorized by the state to be responsible for certain personnel matters affecting classified school employees. Personnel commissions are responsible for such matters in educational jurisdictions that have adopted the merit system.

Personnel commission establish and maintain a position classification plan which includes creating job descriptions, setting minimum qualifications, and allocating classifications to salary ranges using standards that provide equal pay for equal work. Personnel commissions also adopt guidelines to analyze jobs, develop valid employment examinations, and adopt rules and procedures to be followed concerning such employments subjects as applications, examinations, employment eligibility, hiring, promotions, discipline, and other rules necessary to carry out classified personnel administration.^[7]

1. Suggestions to the Author for Consideration
2. Ambiguity and Vagueness

Among other things, the workgroup is required to consider and make recommendations relating to the grouping of classified assignments in a “reasonable” manner, and when taking “other reasonable factors” into consideration.^[8]

Generally, “reasonable” is defined as being in accordance with reason; not extreme; moderate, fair; having the faculty of reason, or possessing sound judgement.^[9] Under a legal context, the word also has similar meaning and is accordingly applied to a set of facts and circumstances. Under the latter context, it may be considered a legal term of art.

Because of the ambiguity and vagueness of the word, the use of “reasonable manner” and ”other reasonable factors,” it is unknown as to what is or what constitutes a “reasonable manner,” and what those other “reasonable” factors are, or could be. Perhaps this phrasing is intentionally ambiguous and vague to afford the workgroup, itself, an opportunity to collectively identify or determine what is “reasonable” as to the use of this term in both circumstances, or perhaps it should be clarified in this proposed statute? Nevertheless, because it is unknown and the use of the term is ambiguous and vague, this could lead to confusion in statute, as well as present challenges for the collective efforts of the workgroup.

Because the word is, more often than not, a subjective term that can lead to differences of opinion as to what is “reasonable” while also being a legal term of art as previously discussed, the author is encouraged to resolve the potential ambiguity and vagueness relating to “reasonable manner” and “other reasonable factors.” One approach may include a stipulation or condition subsequent to the phrase. For example, the bill could be amended to read, “… in a reasonable manner, as identified, determined, ________ [INSERT “and” or, “or”] agreed to by the workgroup…,” and a similar approach as to “… other reasonable factors (i.e., “… and other reasonable factors, as identified, determined, ______ [INSERT “and” or, “or”] agreed to by the workgroup.” Another possible approach could be to specifically define or identify what is reasonable in both instances.

These are merely a few suggestions in which there could be several others that the author is encouraged to entertain to add clarity regarding this provision.

The use of “reasonable” is also employed in relation to the workgroup recommending classified employee staffing ratios.^[10] Here, there may be the potential that the workgroup cannot agree as to what is “reasonable” in this regard and unable to advance a recommendation in its report to the Legislature. However, in this instance, it is acknowledged that while “reasonable” may also be ambiguous and vague, it may be prudent to permit the workgroup, itself, to fully vet and come to a decision as to what is “reasonable” as to staffing ratios based on the totality of the information that it reviews and considers towards its recommendation as to this subject.

1. Potential Opportunity for Inclusion

Because of the purposes of the merit system and the important role of personnel commissions in their administration of the system as previously discussed, to the extent that any considerations of, or deliberations by, the workgroup that involve matters within the jurisdiction of personnel commissions, the author may wish to consider including a representative(s) of personnel commissions to the workgroup, if appropriate. This potential inclusive opportunity should similarly be considered for jurisdictions that have not adopted the merit system, also if appropriate.

1. Equity Solutions and Maximizing Benefits for Underserved and Marginalized Communities

Pursuant to House Resolution (HR) 39 (Gipson, 2021), to continue the Assembly’s commitment to investing in equity solutions and maximizing benefits for underserved and marginalized communities, legislative analyses of the Assembly must discuss the equity impact that a bill will, or may, have on such communities, if any.

This bill does not present a particular focus towards addressing equity in relation to maximizing benefits for underserved or marginalized communities as articulated in HR 39. However, under a broader context, this bill may provide the Legislature with important information regarding classified employees, whom are some of the lowest paid employees in public service, and their employment following a report and recommendations from the workgroup.

1. Comments by Supporters

The California Federation of Teachers, AFT, AFL-CIO, states in part that, “[l]ike many issues, COVID-19 exposed the lack of capacity that local education agencies' workforces had in order to deal with the constant need to keep students and staff safe and healthy. Workforce loads in every sector suffered, including food service that prepared [lunch] to-go, custodial workers to keep facilities disinfected, and clerical workers who needed to track students and assist the administration and faculty with the day-to-day needs of providing education services. There are no standards in the state that recognize how many classified employees are reasonably required to meet the needs of the health and safety of students and staff at school sites.

“Classified school employees perform a myriad of jobs that keep schools clean, safe, and operative and ensure that student nutrition offerings, transportation, para-education service, and maintenance needs are met. There are hundreds of classifications that perform this work; from bus drivers to clerical staff, educators for children with special needs, custodial and the list goes on. Unfortunately, not every school site is staffed with adequate personnel to meet the needs of each school site. There is currently no guidance for optimal classified staffing ratios for schools.” According to the California Federation of Teachers, AFT, AFL-CIO, this bill proposes to address those issues through the classified employee staffing ratio workgroup.

REGISTERED SUPPORT / OPPOSITION:

Support

California Federation of Teachers (Sponsor)

Opposition

None on file.

Analysis Prepared by: Michael Bolden / P. E. & R. / (916) 319-3957

1. Sections 45100 et seq. and 88000 et seq., respectively, of the Educ. Code. ↑

2. Sections 45220 et seq. and 88060 et seq., respectively, ibid. ↑

3. “Teen girl dead from fentanyl-laced pills at Hollywood school is latest in rash of student overdoses.” Los Angeles Times, September, 14, 2022. ↑

4. “The Williams Case—An Explanation.” California Department of Education. Visit. www.cde.ca.gov/eo/ce/wc/wmslawsuit.asp ↑

5. “Staffing shortage delays ambitious program to extend school day and year in California.” Edsource,

   September 23, 2001. ↑

6. “Classified employees in short supply at Burbank Unified.” Burbank Leader, December 6, 2019. ↑

7. California School Personnel Commissioners Association. Visit: www.meritsystem.org/about-cspca/ ↑

8. See paragraph (1) of subdivision (b) of this bill. ↑

9. Merriam-Webster Dictionary, www.merriam-webster.com ↑

10. See paragraph (2) of subdivision (b) of this bill. ↑