Bill Text: CA AB1619 | 2013-2014 | Regular Session | Amended
Bill Title: Certificated school employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-06-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1619 Detail]
Download: California-2013-AB1619-Amended.html
BILL NUMBER: AB 1619 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2014
AMENDED IN ASSEMBLY MARCH 18, 2014
AMENDED IN ASSEMBLY MARCH 10, 2014
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 6, 2014
An act to amend , repeal, and add Sections 1296, 44910,
44929.21, and 44948.3 of, and to repeal Sections 44929.23,
44948, 44948.2, and 44948.5 of, and 44929.23 of
the Education Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1619, as amended, Gonzalez. Certificated school employees.
(1) Existing law provides that a certificated employee of a school
district of any type or class, or an employee in a teaching position
requiring certification qualifications of a county superintendent of
schools that maintains schools and classes with an average daily
attendance of 250 or more pupils, who completes 2 consecutive years
and is reelected for the next succeeding school year to a position
requiring certification, shall become and be classified as a
permanent employee of the school district or county superintendent.
Existing law authorizes the governing board of a school district of
any type or class having an average daily attendance of less than 250
pupils to classify as a permanent employee of the district any
employee who, after having been employed by the school district for 3
complete consecutive school years in a position or positions
requiring certification qualifications, is reelected for the next
succeeding school year to a position requiring certification
qualifications. If that classification is not made, existing law
provides that the employee shall not attain permanent status and may
be reelected from year to year thereafter without becoming a
permanent employee until a change in classification is made.
This bill would provide that a certificated employee of a school
district of any type or class or of a county superintendent of
schools, regardless of the average daily attendance of the school
district or county superintendent of schools, who completes 2
consecutive years and is reelected to a position requiring
certification shall become and be classified as a permanent employee.
(1) Existing law, for a county superintendent of schools with
schools and classes with an average daily attendance of 250 or more
pupils, authorizes the county superintendent of schools to classify
an employee in a teaching position requiring certification
qualifications who completes 2 consecutive school years as a
permanent employee in qualified positions, in accordance with
specified procedures and notice requirements.
This bill, on and after July 1, 2015, would instead authorize a
county superintendent of schools to classify a person employed in a
nonsupervisory, nonmanagement position requiring certification
qualifications for 2 consecutive school years, whose salary is paid
from the county school service fund, as a permanent employee, and
would specify that the provisions relating to probation, the
attainment of permanent status, and dismissal that are otherwise
applicable to employees of school districts with an average daily
attendance of 250 or more pupils, are applicable to employees of
county superintendents of schools, unless otherwise provided.
(2) Existing law, for a school district having an average daily
attendance of 250 or more pupils, authorizes the governing board of
the school district to classify a certificated employee as a
permanent employee if he or she completes 2 consecutive school years
of employment, as specified, in accordance with specified procedures
and notice requirements.
This bill, on and after July 1, 2015, would make those provisions
applicable only to those certificated employees in nonsupervisory,
nonmanagement positions.
(3) Existing law, for a school district having an average daily
attendance of less than 250 pupils, authorizes the governing board of
the school district to classify a certificated employee as a
permanent employee if he or she completes 3 consecutive school years
of employment, as specified, in accordance with specified procedures
and notice requirements.
This bill, on and after July 1, 2015, would make those provisions
applicable only to certificated employees in nonsupervisory,
nonmanagement positions. The bill, on and after July 1, 2015, would
make those provisions applicable to certificated employees in
nonsupervisory, nonmanagement positions who are employed by county
offices of education having an average daily attendance of less than
250 pupils. The bill would specify that the provisions relating to
probation, the attainment of permanent employment status, and
dismissal that are otherwise applicable to employees of school
districts having an average daily attendance of less than 250 pupils,
are applicable to the employees of county offices of education
having an average daily attendance of less than 250 pupils, unless
otherwise provided.
(2)
(4) Existing law authorizes the establishment of
regional occupational centers or programs to provide career technical
education and technical training to students. Existing law requires
instruction in those centers or programs to only be given by a
qualified teacher holding a certificate, as provided, but prohibits
service by a person as an instructor in classes conducted at regional
occupational centers or programs from being included in computing
the service required as a prerequisite to attainment of, or
eligibility to, classification as a permanent employee of a school
district.
This bill , on and after July 1, 2015, would instead
provide service by a person as an instructor in classes conducted at
regional occupational centers or programs shall be included in
computing the service required as a prerequisite to attainment of, or
eligibility to, classification as a permanent employee of a school
district.
(3) Existing law provides that first- and 2nd-year probationary
employees of a school district may be dismissed during the school
year for unsatisfactory performance or for cause, pursuant to
specified procedures. Existing law, unless the school district elects
to make the dismissal procedures specified above applicable, sets
forth separate dismissal procedures for probationary employees of
school districts with an average daily attendance of less than 250
pupils.
This bill would delete the separate dismissal procedures for
probationary employees of school districts with an average daily
attendance of less than 250 pupils, thereby subjecting all
probationary employees, regardless of the average daily attendance of
the school district, to the same dismissal procedures. The bill
would also delete obsolete references, update references, and make
conforming and nonsubstantive changes.
(5) This bill would make conforming and related changes, and would
set forth applicable provisions for school employees who are subject
to the provisions specified above and are employed at the time the
provisions of the bill become operative.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1296 of the
Education Code is amended to read:
1296. (a) If the average daily attendance of the schools and
classes maintained by a county superintendent of schools is 250 or
more, each person who, after being employed for three complete
consecutive school years by the county superintendent in a
teaching position in those schools or classes requiring
certification qualifications and whose salary is paid from the county
school service fund, is reelected for the next succeeding school
year to such a position in those schools or classes, shall be
classified as and become a permanent employee of the county
superintendent of schools.
Such an employee shall have the same rights and duties as
employees of school districts to which Section 44882 applies.
Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to
these employees.
This subdivision shall apply only to probationary employees whose
probationary period commenced prior to the 1983-84 fiscal year.
(b) If the average daily attendance of the schools and classes
maintained by a county superintendent of schools is 250 or more, each
person who, after being employed for two complete consecutive school
years by the county superintendent in a teaching position
in those schools or classes requiring certification qualifications
and whose salary is paid from the county school service fund, is
reelected for the next succeeding school year to such a position in
those schools or classes, shall be classified as and become a
permanent employee of the county superintendent of schools.
The county superintendent of schools shall notify the employee, on
or before March 15 of the employee's second complete consecutive
year of employment by the county superintendent in a
teaching position in schools or classes maintained by the county
superintendent requiring certification qualifications, of the
decision to reelect or not reelect the employee for the next
succeeding school year to such a position in those schools. In the
event that the county superintendent of schools does not
give notice pursuant to this section on or before March 15, the
employee shall be deemed reelected for the next succeeding school
year.
Such an employee shall have the same rights and duties as
employees of school districts to which Section 44882 applies.
Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to
these employees.
This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
(c) As used in this section, "teaching position" means any
certificated position designated as of January 1, 1983, by the county
board of education or the county superintendent of schools as a
teaching position for the purpose of granting probationary or
permanent status.
(d) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 1296 is added to the
Education Code , to read:
1296. (a) (1) A person who, after being employed for two complete
consecutive school years by a county superintendent of schools with
an average daily attendance of 250 pupils or more, in a
nonsupervisory, nonmanagement position requiring certification
qualifications and whose salary is paid from the county school
service fund, is reelected for the next succeeding school year to the
position, shall be classified as and become a permanent employee of
the county superintendent of schools.
(2) The county superintendent of schools shall notify the
employee, on or before March 15 of the employee's second complete
consecutive year of employment by the county superintendent of
schools in the position of the decision to reelect or not reelect the
employee for the next succeeding school year to the position. If the
county superintendent of schools does not give notice pursuant to
this section on or before March 15, the employee shall be deemed
reelected for the next succeeding school year.
(3) Unless otherwise provided by law, for a certificated employee
of a county office of education with an average daily attendance of
250 or more pupils, the statutory provisions relating to probation,
the attainment of permanent employment status, and dismissal that are
applicable to employees of school districts with an average daily
attendance of 250 pupils or more shall apply, including, but not
limited to, Sections 44929.21 and 44948.3.
(b) Unless otherwise provided by law, for a certificated employee
of a county office of education with an average daily attendance of
less than 250 pupils, the statutory provisions relating to
probationary status, the attainment of permanent employment status,
and dismissal that are applicable to employees of school districts
with an average daily attendance of less than 250 pupils shall apply,
including, but not limited to, Sections 44929.23, 44948, 44948.2,
44948.3, and 44948.5.
(c) The following provisions are applicable to a certificated
employee who is subject to the provisions of this section who is
employed on July 1, 2015:
(1) If the certificated employee has less than two consecutive
years of service at the county office of education as of July 1,
2015, the employee shall complete his or her probationary period, and
shall be granted permanent employee status upon reelection to his or
her third year of service.
(2) If a certificated employee has at least two consecutive years
of service at a county office of education as of July 1, 2015, and
has been reelected to at least a third year of service, the employee
shall be granted permanent employee status.
(d) This section shall become operative on July 1, 2015.
SEC. 3. Section 44910 of the Education
Code is amended to read:
44910. (a) Service by a person as an
instructor in classes conducted at regional occupational centers or
programs, as authorized pursuant to Section 52301, shall not be
included in computing the service required as a prerequisite to
attainment of, or eligibility to, classification as a permanent
employee of a school district.
This
(b) This section shall not be
construed to apply to any regularly credentialed teacher who has been
employed to teach in the regular educational programs of the school
district and subsequently assigned as an instructor in regional
occupational centers or programs, nor shall it affect the status of
regional occupational center teachers classified as permanent or
probationary at the time this section becomes effective.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 44910 is added to the
Education Code , to read:
44910. (a) Service by a person as an instructor in a class
conducted at a regional occupational center or program, as authorized
pursuant to Section 52301, shall be included in computing the
service required as a prerequisite to the attainment of, or
eligibility to, classification as a permanent employee of a school
district.
(b) The following provisions apply to an employee subject to this
section who is employed on July 1, 2015:
(1) If, as of July 1, 2015, the certificated employee has
completed less than two consecutive years of service at a regional
occupational center or program operated by a school district or
county office of education with an average daily attendance of 250 or
more pupils, the employee shall complete his or her probationary
period and shall be granted permanent employee status upon reelection
to his or her third year of service.
(2) If, as of July 1, 2015, the certificated employee has
completed at least two consecutive years of service at a regional
occupational center or program operated by a school district or
county office of education with an average daily attendance of 250 or
more pupils, and has been reelected to at least a third year of
service, the employee shall be granted permanent employee status.
(3) If, as of July 1, 2015, the certificated employee has less
than three consecutive years of service at a regional occupational
center or program operated by a school district or county office of
education with an average daily attendance of less than 250 pupils,
the employee shall complete his or her probationary period and shall
be granted permanent employee status upon reelection to his or her
fourth year of service, as applicable pursuant to Section 44929.23.
(4) If, as of July 1, 2015, the certificated employee has
completed at least three consecutive years of service at a regional
occupational center or program operated by a school district or
county office of education with an average daily attendance of less
than 250 pupils and has been reelected to at least a fourth year of
service, the employee shall be granted permanent employee status, as
applicable pursuant to Section 44929.23.
(c) This section shall become operative on July 1, 2015.
SEC. 5. Section 44929.21 of the
Education Code is amended to read:
44929.21. (a) (1) Every employee of a
school district of any type or class having an average daily
attendance of 250 or more who, after having been employed by the
school district for three complete consecutive school years in
a position or positions requiring certification qualifications, is
reelected for the next succeeding school year to a position requiring
certification qualifications shall, at the commencement of the
succeeding school year be classified as and become a permanent
employee of the school district.
This
(2) This subdivision shall apply
only to probationary employees whose probationary period commenced
prior to the 1983-84 fiscal year.
(b) (1) Every employee of a school district
of any type or class having an average daily attendance of 250 or
more who, after having been employed by the school
district for two complete consecutive school years in a position or
positions requiring certification qualifications, is reelected for
the next succeeding school year to a position requiring certification
qualifications shall, at the commencement of the succeeding school
year , be classified as and become a permanent employee of
the school district.
The
(2) The governing board of
the school district shall notify the employee, on or before
March 15 of the employee's second complete consecutive school year of
employment by the school district in a position or
positions requiring certification qualifications, of the decision to
reelect or not reelect the employee for the next succeeding school
year to the position. In the event that the governing board of
the school district does not give notice pursuant to this
section on or before March 15, the employee shall be deemed reelected
for the next succeeding school year.
This
(3) This subdivision shall apply
only to probationary employees whose probationary period commenced
during the 1983-84 fiscal year or any fiscal year thereafter.
(c) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 6. Section 44929.21 is added to the
Education Code , to read:
44929.21. (a) An employee of a school district with an average
daily attendance of 250 or more pupils, after having been employed by
the school district for two complete consecutive school years in a
nonsupervisory, nonmanagement position requiring certification
qualifications who is reelected for the next succeeding school year
to a position requiring certification qualifications shall, at the
commencement of the succeeding school year, be classified as and
become a permanent employee of the school district.
(b) The governing board of the school district shall notify the
employee, on or before March 15 of the employee's second complete
consecutive school year of employment by the school district in a
position requiring certification qualifications, of the decision to
reelect or not reelect the employee for the next succeeding school
year to the position. If the governing board of the school district
does not give notice pursuant to this section on or before March 15,
the employee shall be deemed reelected for the next succeeding school
year.
(c) The following provisions apply to an employee subject to this
section who is employed on July 1, 2015:
(1) If the certificated employee has completed less than two
consecutive years of service at the school district as of July 1,
2015, the employee shall complete his or her probationary period and
shall be granted permanent employee status upon reelection to his or
her third year of service.
(2) If the certificated employee has completed at least two
consecutive years of service at the school district and has been
reelected to at least a third year of service as of July 1, 2015, the
employee shall be granted permanent employee status.
(d) This section shall become operative on July 1, 2015.
SEC. 7. Section 44929.23 of the
Education Code is amended to read:
44929.23. (a) The governing board of a school district of any
type or class having an average daily attendance of less than 250
pupils may classify as a permanent employee of the school
district any employee who, after having been employed by the school
district for three complete consecutive school years in a position or
positions requiring certification qualifications, is reelected for
the next succeeding school year to a position requiring certification
qualifications. If that classification is not made, the employee
shall not attain permanent status and may be reelected from year to
year thereafter without becoming a permanent employee until a change
in classification is made.
(b) Notwithstanding subdivision (a), Section 44929.21 shall apply
to certificated employees employed by a school district, if the
governing board of the school district elects to dismiss probationary
employees pursuant to Section 44948.2. If that election is made, the
governing board of the school district thereafter shall
classify as a permanent employee of the school district
any probationary employee who, after being employed for two complete
consecutive school years in a position or positions requiring
certification qualifications, is reelected for the next succeeding
school year to a position requiring certification qualifications as
required by Section 44929.21. Any probationary employee who has been
employed by the school district for two or more
consecutive years on the date of that election in a position or
positions requiring certification qualifications shall be classified
as a permanent employee of the school district.
(c) If the classification is not made pursuant to subdivision (a)
or (b), the employee shall not attain permanent status and may be
reelected from year to year thereafter without becoming a permanent
employee until the classification is made.
(d) This section shall become inoperative on July 1, 2015, and, as
of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 8. Section 44929.23 is added to the
Education Code , to read:
44929.23. (a) The governing board of a school district or a
county office of education with an average daily attendance of less
than 250 pupils shall classify as a permanent employee of the
district any nonsupervisory, nonmanagement employee who, after having
been employed by the school district or county office of education
for three complete consecutive school years in a position requiring
certification qualifications, is reelected for the next succeeding
school year to a position requiring certification qualifications.
(b) Notwithstanding subdivision (a), Section 44929.21 shall apply
to certificated employees employed by a school district or county
office of education if the governing board of the school district or
county office of education elects to dismiss probationary employees
pursuant to Section 44948.2. If that election is made, the governing
board thereafter shall classify as a permanent employee of the school
district or county office of education any probationary employee
who, after being employed for two complete consecutive school years
in a position requiring certification qualifications, is reelected
for the next succeeding school year to a position requiring
certification qualifications, as required by Section 44929.21. A
probationary employee who has been employed by the school district or
county office of education for two or more consecutive years on the
date of that election in a position or positions requiring
certification qualifications shall be classified as a permanent
employee of the school district or county office of education.
(c) The following provisions apply to a certificated employee
subject to this section who is employed on July 1, 2015, at a school
district or county office of education with an average daily
attendance of less than 250 pupils:
(1) If the certificated employee has completed less than three
consecutive years of service, the employee shall complete his or her
probationary period and shall be granted permanent employee status
upon reelection to his or her fourth year of service, as applicable
pursuant to this section.
(2) If the certificated employee has completed at least three
consecutive years of service and has been reelected to at least a
fourth year of service, the employee shall be granted permanent
employee status, as applicable pursuant to this section.
(d) This section shall become operative on July 1, 2015.
SECTION 1. Section 1296 of the Education Code is
amended to read:
1296. (a) A person who, after being employed for two complete
consecutive school years by a county superintendent of schools in a
position requiring certification qualifications and whose salary is
paid from the county school service fund, is reelected for the next
succeeding school year to the position, shall be classified as and
become a permanent employee of the county superintendent of schools.
(b) (1) The county superintendent of schools shall notify the
employee, on or before March 15 of the employee's second complete
consecutive year of employment by the county superintendent of
schools in a position requiring certification qualifications, of the
decision to reelect or not reelect the employee for the next
succeeding school year to the position. If the county superintendent
of schools does not give notice pursuant to this section on or before
March 15, the employee shall be deemed reelected for the next
succeeding school year.
(2) The employee shall have the same rights and duties as
employees of school districts to which Section 44929.21 applies.
Sections 44842, 44929.21, and 44948.3 are applicable to these
employees.
SEC. 2. Section 44910 of the Education Code is
amended to read:
44910. Service by a person as an instructor in classes conducted
at regional occupational centers or programs, as authorized pursuant
to Section 52301, shall be included in computing the service required
as a prerequisite to attainment of, or eligibility to,
classification as a permanent employee of a school district.
SEC. 3. Section 44929.21 of the Education Code
is amended to read:
44929.21. (a) An employee of a school district of any type or
class who, after having been employed by the district for two
complete consecutive school years in a position or positions
requiring certification qualifications, is reelected for the next
succeeding school year to a position requiring certification
qualifications shall, at the commencement of the succeeding school
year, be classified as and become a permanent employee of the school
district.
(b) The governing board of the school district shall notify the
employee, on or before March 15 of the employee's second complete
consecutive school year of employment by the school district in a
position or positions requiring certification qualifications, of the
decision to reelect or not reelect the employee for the next
succeeding school year to the position. In the event that the
governing board of the school district does not give notice pursuant
to this section on or before March 15, the employee shall be deemed
reelected for the next succeeding school year.
SEC. 4. Section 44929.23 of the Education Code
is repealed.
SEC. 5. Section 44948 of the Education Code is
repealed.
SEC. 6. Section 44948.2 of the Education Code
is repealed.
SEC. 7. Section 44948.3 of the Education Code
is amended to read:
44948.3. (a) First and second year probationary employees may be
dismissed during the school year for unsatisfactory performance
determined pursuant to Article 11 (commencing with Section 44660) of
Chapter 3, or for cause pursuant to Section 44932. Any dismissal
pursuant to this section shall be in accordance with both of the
following procedures:
(1) The superintendent of the school district or the
superintendent's designee shall give 30 days' prior written notice of
dismissal, not later than March 15 in the case of second year
probationary employees. The notice shall include a statement of the
reasons for the dismissal and notice of the opportunity to appeal. In
the event of a dismissal for unsatisfactory performance, a copy of
the evaluation conducted pursuant to Section 44664 shall accompany
the written notice.
(2) The probationary employee shall have 15 days from receipt of
the notice of dismissal to submit to the governing board of the
school district a written request for a hearing. The governing board
of the school district may establish procedures for the appointment
of an administrative law judge to conduct the hearing and submit a
recommended decision to the board. The failure of a probationary
employee to request a hearing within 15 days from receipt of a
dismissal notice shall constitute a waiver of the right to a hearing.
(b) The governing board of the school district, pursuant to this
section, may suspend a probationary employee for a specified period
of time without pay as an alternative to dismissal.
SEC. 8. Section 44948.5 of the Education Code
is repealed.
