Help Prevent Education Employee Layoffs
Labor Unions representing Education Employees ask that the Legislature
suspend Education Code (EC) 44955.5 and amend EC 45117 to prevent
layoffs of both certificated and classified school employees in 2020- 21.
EC 44955.5 allows local education agencies (LEAs) to start educator
Reduction in Force (RIF) procedures if the total Local Control Funding
Formula (LCFF) per student funding increases by less than 2%. Similarly, EC
45117 permits layoffs of classified school employees without notice if the LEA
has a lack of funds in the event of a financial shortfall.
The Governor’s May Revision to the state budget cuts the LCFF by 10% if
the federal government does not pass the Health and Economic Recovery
Omnibus Emergency Solutions (HEROES) Act, which provides additional
dollars to states and local governments.
We are in a healthcare crisis as we are simultaneously beginning the process
of re-opening schools. In order to do so safely, we need to maintain or
potentially increase the number of educators, nurses, counselors and
classified employees ready to serve. How can the California State Legislature
and Administration expect schools to safely reopen if LEAs lay off these
essential workers?
Layoffs resulting from deep budget cuts to public education will stand in the
way of readying our schools for the safe return of students and staff,
potentially endangering local communities and exacerbating the economic
downturn from the COVID-19 pandemic.
Education employees cannot wait for the passage of the HEROES Act. They
need to know if they are going to return to school campuses or be added to
the growing number of unemployed Californians.
EC 44955.5, if not suspended, can go into effect 5 days after the budget is
signed. That means, as early as June 20th, local education agencies can start
the educator layoff process. Likewise, classified employees could face deep
layoffs if EC 45117 is not amended to prohibit layoffs in FY 2020-21. If EC
44955.5 is suspended without similar action for classified employees and the
proposed cuts are enacted, LEAs would likely balance their budgets solely on
the backs of classified employees, which could result in layoffs for nearly half
of California’s classified school employees.

 Even under normal circumstances, California’s schools cannot afford to lose
educators, nurses, counselors, paraeducators, bus drivers, custodians, food
service workers, office and clerical staff, maintenance and operations
professionals, and computer services technicians, among other essential
employees. Layoffs are harmful and disruptive at the beginning of the school
year, especially this year while there is already so much uncertainty.
Families and staff are nervous about whether and how schools can re-open
safely, and the pandemic is negatively impacting students’ mental and socialemotional health. With the unique challenges we will face this next school
year, keeping these professionals on the job and part of the greater school
community is even more critical.
Education Code section 44955.5 allows summer layoffs of certificated
employees if all three of the following conditions are met:
Timing: The layoffs occur during the period between five days after
enactment of the Budget Act for a fiscal year and August 15 of that
fiscal year.
Revenue: The school district’s board determines that its total LCFF
Revenue per unit of average daily attendance for that fiscal year will
increase by less than 2%; and
Necessity: The school board decides that, consequently, it is
“necessary” to decrease the number of permanent employees in the
district.
Classified school employees are not afforded layoff procedures like certificated
staff. They can be laid off with a 60-day notice under normal circumstances,
but they can be laid off without notice in a budget crisis. These essential
employees, who will be responsible for ensuring that our campuses are clean
and safe, that students are able to get to school, that students have at least
one nutritious meal, and that their unique educational needs are met, may not
be there for students and communities if this issue is not addressed.
We ask the Legislature and Administration to suspend EC 44955.5 to
protect certificated educators and to amend EC 45117 to preclude LEAs
from implementing layoffs of classified employees in FY 2020-21.