Senator Cortese Introduces Legislation to Provide Parity for Employees in Merit Districts

Today, Senator Dave Cortese (D-Silicon Valley) introduced SB 874, sponsored by the California School Employees Association (CSEA), to ensure parity around promotional probation procedures for classified employees in merit system districts. 

The merit system was created in the 1930’s with the intention of providing fairness in the hiring, retention, and promotion of school employees. Over 90 K-12 and Community College districts fall under the merit system in California. 

“Unfortunately, there is simply a lack of clarity around merit system employees in California law that leaves the door open to unfair labor practices, including termination without cause for permanent staff,” says Senator Cortese who serves as Chair of the Senate Committee on Labor, Public Employment and Retirement as well as a member of the Senate Education Committee. 

Permanent employees who change positions may be required to complete a probationary period, including during promotions. While the statutes of the California Education Code governing non-merit K-12 and Community College districts make it clear that if an employee does not pass probation for a promotional position they return to their previous classification, the corresponding law for merit districts are silent on these promotional probation procedures, even though the permanent status of classified employees are consistent among the two sections.

SB 874 would rectify this by providing clarity and equity between merit system and non-merit system procedures. 

Senator Cortese added: "We have a severe staffing shortage across our education system in California that has only intensified during COVID-19. SB 874 will help retain our state's workforce by encouraging employees to promote in merit system K-12 and Community College districts at a time in which we need them the most." 

"Employees who strive for advancement in their workplace should not fear losing their job due to statutory ambiguity, yet that is the case for some California classified school employees. Senator Cortese's SB 874 would provide clarity for employers and give employees the security to develop their professional skills and grow their careers," said CSEA President Matthew “Shane” Dishman.