Bill Text: CA AB1231 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Part-time adult school teachers: collective bargaining.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1231 Detail]

Download: California-2009-AB1231-Amended.html

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BILL NUMBER: AB 1231	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Portantino
    (   Coauthor:   Assembly Member  
Carter   ) 

                        FEBRUARY 27, 2009

   An act to  amend Section 44929.25 of, and to  add
Section 44929.24  to,   to  the Education
Code, relating to certificated school employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1231, as amended, Portantino. Part-time adult school teachers:
collective bargaining.
   Existing law classifies a person  who   as a
temporary employee if the person  is employed to teach adults
for not more than 60% of the hours per week considered a full-time
assignment for permanent employees having comparable duties 
as a temporary employee  , and prohibits  that
  such an  employee from becoming a probationary
employee for purposes of gaining permanent status.
   This bill would make the right of certain temporary employees
serving as part-time adult school teachers, as defined, to earn and
retain annual reappointment rights a mandatory subject of collective
bargaining with respect to any new or successor contract between 
a  school  districts   district  and
 those   the exclusive bargaining representative
of the c   ertificated employees  of that district
 on or after January 1, 2010. 
   The bill also would make nonsubstantive conforming changes.

   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.  (a) The Legislature finds and declares all of the
following:
   (1) Part-time adult school teachers make essential contributions
to California's adult education system.
   (2) Part-time adult school teachers, unlike tenured teachers, lack
due process protection and may be dismissed at the will of their
employers.
   (3) Sudden dismissal of part-time adult school teachers employed
at adult schools over a long time period can be detrimental not only
to the affected employees  ,  but also to adult students and
prospective adult students in the service area. 
   (4) Because processing and orienting new teachers is a cost item
for school districts, facilitating the reappointment of experienced
teachers would constitute a cost savings for school districts. 
   (b) It is the intent of the Legislature in enacting this act to
 accomplish both of the following:  
   (1) Increase adult student success, improve academic quality, and
ensure diversity and program integrity in California's adult
education system by fostering continuity of employment for part-time
teachers who have taught for many years at the same adult school.

    (2)     Explore
increasing the number of full-time adult school teachers by
evaluating mechanisms for allowing part-time adult school teachers to
achieve full-time status.   increase adult student
success, improve academic quality, and ensure diversity and program
integrity in California's adult education system by fostering
continuity of employment for part-time teachers who have taught for
so many years at the same adult school. 
  SEC. 2.  Section 44929.24 is added to the Education Code, to read:
   44929.24.  (a) Notwithstanding any other provision of law, the
right of part-time adult school teachers to earn and retain annual
reappointment rights shall be a mandatory subject of collective
bargaining with respect to a new or successor contract between a
school district and part-time adult school teachers 
 the exclusive bargaining representative of the certificated
employees of that district  on or after January 1, 2010.
   (b) For purposes of this section, "part-time adult school teacher"
means a person employed as a temporary employee pursuant to 
subdivision (c) of  Section 44929.25 who teaches adults for
at least 20 percent of the hours per week considered a full-time
assignment for permanent employees having comparable duties 
and who has received satisfactory job performance reviews  .

  SEC. 3.    Section 44929.25 of the Education Code
is amended to read:
   44929.25.  (a) When a teacher of classes for adults serves
sufficient probationary time as provided in Sections 44929.20 to
44929.23, inclusive, and Section 44908 to be eligible for election to
permanent classification in that district, his or her tenure shall
be for the service equivalent to the average number of hours per week
that he or she has served during his or her probationary years. In
no case shall the employee be classified as permanent for more than
one full-time assignment. The service for which the person has
acquired tenure may be reduced in conformity with Sections 44955 and
44956.
   (b) Notwithstanding any other provision to the contrary, in a
district that has, or in a district that is one of two or more
districts governed by governing boards of identical personnel that
have a combined average daily attendance of 400,000 or more, as shown
by the annual report of the county superintendent of schools for the
preceding fiscal year, a person who is assigned 10 hours or less a
week in adult classes in the district shall not be eligible for
election to permanent classification in the district on account of
the assignment in adult classes.
   (c) Notwithstanding any other provision to the contrary, any
person who is employed to teach adults for not more than 60 percent
of the hours per week considered a full-time assignment for permanent
employees having comparable duties shall be classified as a
temporary employee, and shall not become a probationary employee
under the provisions of Section 44954.