Bill Text: CA AB1220 | 2017-2018 | Regular Session | Amended
Bill Title: Certificated school employees: permanent status.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-06-26 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB1220 Detail]
Download: California-2017-AB1220-Amended.html
Amended
IN
Assembly
May 30, 2017 |
Amended
IN
Assembly
April 18, 2017 |
Amended
IN
Assembly
March 28, 2017 |
Assembly Bill | No. 1220 |
Introduced by Assembly Member Weber |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would instead authorize each person who, after being employed for 3 complete consecutive school years by a county superintendent of schools in a teaching position maintained by the county superintendent of schools requiring certification qualifications, is reelected for the next succeeding school year to a teaching position to be classified as a permanent employee of the county
superintendent of schools. The bill would authorize the county superintendent of schools to offer an employee of the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications to continue for up to 5 complete consecutive school years as a probationary employee.
(2)Existing law requires an employee of a school district with an average daily attendance of 250 or more who, after having been employed by the school district for 2 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, at the commencement of the succeeding school year, to be classified as a permanent employee of the school district.
This bill would instead authorize an employee of such a
school district 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, at the commencement of the succeeding school year, to be classified as a permanent employee of the school district. The bill would authorize the governing board of a school district to offer an employee of the school district in a position or positions requiring certification qualifications to continue for up to 5 complete consecutive school years as a probationary employee.
The bill would require the governing board of a school district, before an employee of the school district in a position or positions requiring certification qualifications is classified as a permanent employee of the school district, to determine that the employee has demonstrated 2 complete consecutive school years of
effective teaching, as provided. The bill would require the governing board of a school district to adopt rules and regulations for this purpose. Because the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.
(3)
(4)
(5)The California Constitution requires the state to reimburse local agencies and school
districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
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) (1) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, each person who, after being employed for(3)
(2)(A)The county superintendent of schools shall give notice to the employee, on or before March 15 of the employee’s preceding complete consecutive school year of employment by the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, of the offer of an
additional complete consecutive school year as a probationary employee.
(B)If the county superintendent of schools does not give notice on or before March 15, the employee shall be deemed reelected for the next succeeding school year and, at the commencement of the succeeding school year, be classified as and become a permanent employee of the county superintendent of schools.
(3)An employee who has not already attained classification as a permanent employee of the county superintendent of schools at the conclusion of five complete consecutive school years of employment by the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications shall not be classified as a permanent
employee of the county superintendent of schools.
(4)
SEC. 2.
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 pupils or more who, after having been employed by the school district for(2)(A)The governing board of a school district shall give notice to the employee, on or before March 15 of the employee’s preceding
complete consecutive school year of employment by the school district in a position or positions requiring certification qualifications, of the offer of an additional complete consecutive school year as a probationary employee.
(B)If the governing board of a school district does not give notice on or before March 15, the employee shall be deemed reelected for the next succeeding school year and, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(3)An employee who has not already attained classification as a permanent employee of the school district at the conclusion of five complete consecutive school years of employment by the school district in a position or positions requiring certification qualifications
shall not be classified as a permanent employee of the school district.
(a)Before an employee of a school district in a position or positions requiring certification qualifications is classified as a permanent employee of the school district pursuant to Section 44929.21, the governing board of the school district shall determine that the employee has demonstrated two complete consecutive school years of effective teaching pursuant to this section. The two complete consecutive school years of effective teaching shall occur in the employee’s most recent two years of probationary employment by the school district in a position or positions requiring certification qualifications.
(b)(1)The governing board of a school
district shall adopt rules and regulations for determining whether a probationary employee of the school district has demonstrated effective teaching. An evaluation of a probationary employee’s teaching effectiveness shall include the progress of pupils toward standards of expected pupil achievement at each grade level in each area of study, as described in Section 44662.
(2)An evaluation of a probationary employee who has not attained classification as a permanent employee of the school district after having been employed by the school district for three complete consecutive school years shall be conducted by multiple trained observers to ensure fairness to the probationary employee under evaluation.
(c)To the extent that this section conflicts with a provision of a
collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2018, pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, this section shall not apply until the expiration or renewal of that collective bargaining agreement.
SEC. 4.SEC. 3.
Section 44948.3 of the Education Code is amended to read:44948.3.
(a) A probationary employee 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 all of the following procedures:If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.