SECTIONS 74270 - California Statutes

EDUCATION CODE

SECTION 74270

74270. (a) The reorganization of any district or districts shall
not affect the classification of academic employees already employed
by any district affected. Those employees shall have the same status
with respect to their classification by the district, including time
served as probationary employees of the district, after the
reorganization as they had prior to it. If the reorganization results
in the college or other place in which any of these employees is
employed being maintained by another district, the employee, if a
permanent employee of the district that formerly maintained the
college or other place of employment, shall be employed as a
permanent employee of the district which thereafter maintains the
college or other place of employment, unless the employee elects
prior to February 1 of the year in which the action will become
effective for all purposes to continue in the employ of the first
district.
If the employee is a probationary employee of the district that
formerly maintained the college or other place of employment, he or
she shall be employed by the district which thereafter maintains the
college or other place of employment, unless the probationary
employee is terminated by the district pursuant to Section 87610.1 or
87740, and, if not so terminated, his or her status with respect to
classification by that district shall be the same as it would have
been had the college or other place of employment been continued to
be maintained by the district which formerly maintained it. As used
in this section, "the college or other place in which any of these
employees is employed" and all references thereto, includes, but is
not limited to, the services or program that, as a result of any
reorganization of a district, will be provided by another district,
regardless of whether any particular building or buildings in which
that service or program was conducted is physically located in the
new district and regardless of whether any new district resulting
from the reorganization elects to provide for the education of its
students by contracting with another district until the time as the
district constructs its own facilities.
(b) The reorganization of any district, or districts, shall not
affect the rights of persons employed in classified positions to
retain the salary, leaves, and other benefits which they would have
received if the reorganization had not occurred and in the manner
provided in this section:
(1) All employees of every district that is included in any other
district shall become employees of the new district.
(2) When a portion of the territory of any district becomes part
of another district, employees regularly assigned to perform their
duties in the territory affected shall become employees of the
acquiring district. Employees whose assignments pertained to the
affected territory, but whose employment situs was not in the
territory, may elect to remain with the original district or become
employees of the acquiring district.
(3) When the territory of any district is divided between, or
among, two or more districts and the original district ceases to
exist, employees of the original district regularly assigned to
perform their duties in any specific territory of the district shall
become employees of the district acquiring the territory. Employees
not assigned to specific territory within the original district shall
become employees of any acquiring district at the election of the
employees.
(4) Employees regularly assigned by the original district to any
college in the district shall be employees of the district in which
the college is located. Except as provided in this section, nothing
in this section shall deprive the governing board of the acquiring
district from making reasonable reassignments of duties.