Bill Text: CA AB2240 | 2013-2014 | Regular Session | Amended
Bill Title: Elementary and secondary education: school employees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-06-05 - From committee without further action pursuant to Joint Rule 62(a). [AB2240 Detail]
Download: California-2013-AB2240-Amended.html
BILL NUMBER: AB 2240 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Grove
FEBRUARY 21, 2014
An act to amend Section 47607 of the Education Code,
relating to charter schools. An act to amend Sections
35035, 44955, 44956, and 44957 of the Education Code ,
relating to elementary and secondary education.
LEGISLATIVE COUNSEL'S DIGEST
AB 2240, as amended, Grove. Charter schools.
Elementary and secondary education: school employees.
Existing law requires the superintendent of each school district
to assign employees employed in positions requiring certification
qualifications to positions in which they are to serve, subject to
the approval of the governing board of the school district. Existing
law provides that the power of the superintendent of a school
district to assign includes the power to transfer a teacher from one
school to another school, as prescribed, when the superintendent
concludes the transfer is in the best interest of the school
district.
This bill would instead provide that the power of the
superintendent of a school district to assign includes the power to
transfer a teacher when the superintendent concludes the transfer is
in the best interest of the pupils. The bill would declare that it is
the intent of the Legislature that if the amendments to this
provision conflict with a collective bargaining agreement entered
into between a public employer and an exclusive bargaining
representative, the amendments shall not apply to the public
employers or public employees subject to that agreement.
Under existing law, when school employees are terminated pursuant
to a reduction in workforce, a school district is generally required
to terminate the employees in order of seniority. Existing law
further provides those employees with a preferred right to
reappointment and an opportunity for substitute service in order of
seniority. Existing law authorizes a school district to deviate from
the order of seniority for those purposes for specified reasons,
including to maintain or achieve compliance with constitutional
requirements related to equal protection of the laws.
This bill would authorize a school district to deviate from the
general requirement that terminations and reappointments occur in
order of seniority in order to maintain or achieve compliance with
constitutional requirements related to equal protection of the law as
it applies to pupils.
The bill would also make nonsubstantive changes.
The Charter Schools Act of 1992 specifies the procedures for the
submission, review, and approval or denial of a petition to establish
a standard or countywide charter school, and authorizes a charter to
be granted for a period not to exceed 5 years. The act also
authorizes the chartering authority of a charter school to grant one
or more subsequent renewals for 5-year periods if the charter school
meets specified requirements.
This bill would make nonsubstantive changes to those provisions,
including, among others, updating cross-references.
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 35035 of the
Education Code is amended to read:
35035. The superintendent of each school district shall, in
addition to other powers and duties granted to or imposed upon him or
her:
(a) Be the chief executive officer of the governing board of the
school district.
(b) Except in a school district where the governing board of
the school district has appointed or designated an employee
other than the superintendent, or a deputy, or assistant
superintendent, to prepare and submit a budget, prepare and submit to
the governing board of the school district, at the time it may
direct, the budget of the school district for the next ensuing school
year, and revise and take other action in connection with the budget
as the governing board of the school district may desire.
(c) Be responsible for the preparation and submission to the
governing board of the school district, at the time the governing
board may direct, the local control and accountability plan of the
school district for the subsequent school year, and revise and take
other action in connection with the local control and accountability
plan as the governing board of the school district may desire.
(d) Except in a school district where the governing board of
the school district has appointed or designated an employee
other than the superintendent, or a deputy, or assistant
superintendent, ensure that the local control and accountability plan
is implemented.
(e) Subject to the approval of the governing board of the school
district, assign all employees of school the
school district employed in positions requiring certification
qualifications, qualifications to the
positions in which they are to serve. This power to assign includes
the power to transfer a teacher from one school to another school at
which the teacher is certificated to serve within the school district
when the superintendent concludes that the transfer is in the best
interest of the school district pupils
.
(f) Upon adoption, by the governing board of the school
district board , of a school district policy
concerning transfers of teachers from one school to another school
within the school district, have authority to transfer teachers
consistent with that policy.
(g) Determine that each employee of the school district in a
position requiring certification qualifications has a valid
certificated document registered as required by law authorizing him
or her to serve in the position to which he or she is assigned.
(h) Enter into contracts for and on behalf of the school district
pursuant to Section 17604.
(i) Submit financial and budgetary reports to the governing board
of the school district as required by Section 42130.
SEC. 2. Section 44955 of the Education
Code is amended to read:
44955. (a) No A permanent employee
shall not be deprived of his or her position for causes
other than those specified in Sections 44907 and 44923, and Sections
44932 to 44947, inclusive, and no a
probationary employee shall not be deprived of his or her
position for cause other than as specified in Sections 44948 to
44949, inclusive.
(b) Whenever (1) If
in any a school year
the average daily attendance in all of the schools of a school
district for the first six months in which
that school is in session shall have declined below the
corresponding period of either of the previous two school years,
whenever if the governing board of
a school district determines that attendance in a school
district will decline in the following year as a result of the
termination of an interdistrict tuition agreement as defined
described in Section 46304, whenever
if a particular kind of service is to be reduced
or discontinued not later than the beginning of the following school
year, or whenever if the amendment of
state law requires the modification of curriculum, and when
in if the opinion of the
governing board of the school district determines
it shall have become necessary by reason of
any of these conditions to decrease the number of permanent employees
in the school district, the governing board may terminate
the services of not more than a corresponding percentage of the
certificated employees of the school district, permanent
as well as probationary, at the close of the school year. Except as
otherwise provided by statute, the services of no
a permanent employee may not be terminated
under the provisions of this section while
any a probationary employee, or any
other employee with less seniority, is retained to render a service
which said that the permanent employee
is certificated and competent to render.
In
(2) In computing a decline in
average daily attendance for purposes of this section
subdivision for a newly formed or reorganized
school district, each school of the school district shall
be deemed to have been a school of the newly formed or reorganized
school district for both of the two previous school years.
As
(3) As between employees who
first rendered paid service to the school district on the
same date, the governing board of the school district
shall determine the order of termination solely on the basis of needs
of the school district and the students thereof.
pupils. Upon the request of any
an employee whose order of termination is so
determined, the governing board of the school district
shall furnish in writing no later than five days prior to
before the commencement of the hearing held in
accordance with Section 44949, a statement of the specific criteria
used in determining the order of termination and the application of
the criteria in ranking each employee relative to the other employees
in the group. This The requirement
that the governing board of the school district provide,
on request, a written statement of reasons for determining the order
of termination shall not be interpreted to give affected employees
any legal right or interest that would not exist without
such a the requirement.
(c) (1) Notice of such
the termination of services shall be given before
the 15th of May in the manner prescribed in
15 pursuant to Section 44949, and services of
such those employees shall be
terminated in the inverse of the order in which they were employed,
as determined by the governing board of the school
district in accordance with the provisions of Sections 44844
and 44845. In the event that If a
permanent or probationary employee is not given the notices and a
right to a hearing as provided for in Section 44949, he or she shall
be deemed reemployed for the ensuing school year.
The
(2) The governing board of
the school district shall make assignments and
reassignments in such a manner that employees
shall be retained to render any service which
that their seniority and qualifications entitle them to
render. However, prior to before
assigning or reassigning any a
certificated employee to teach a subject which
that he or she has not previously taught, and for which he
or she does not have a teaching credential or which
that is not within the employee's major area of
postsecondary study or the equivalent thereof, the governing board
of the school district shall require the employee to pass
a subject matter competency test in the appropriate subject.
(d) Notwithstanding subdivision (b), a school district may deviate
from terminating a certificated employee in order of seniority for
either of the following reasons:
(1) The school district demonstrates a specific need
for personnel to teach a specific course or course of study, or to
provide services authorized by a services credential with a
specialization in either pupil personnel services or health for a
school nurse, and that the certificated employee has special training
and experience necessary to teach that course or course of study or
to provide those services, which services
that others with more seniority do not possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the
laws. law as it applies to pupils.
SEC. 3. Section 44956 of the
Education Code is amended to read:
44956. (a) Any
A permanent employee whose services have been
terminated as provided in Section 44955 shall have the following
rights:
(1)
(a) For the period of 39 months from the date of
such termination, any an
employee who in the meantime has not attained the age of 65
years shall have the preferred right to reappointment, in the order
of original employment as determined by the governing
board of the school district in accordance with
the provisions of Sections 44831 to 44855, inclusive, if
the number of employees is increased or the discontinued service is
reestablished, with no requirements that were not imposed upon other
employees who continued in service; provided, that no
a probationary or other employee with less
seniority shall not be employed to render a service
which said that the employee is
certificated and competent to render. However, prior to
before reappointing any
an employee to teach a subject which
that he or she has not previously taught, and for which he or
she does not have a teaching credential or which
that is not within the employee's major area of
postsecondary study or the equivalent thereof, the governing board
of the school district shall require the employee to pass
a subject matter competency test in the appropriate subject.
(2)
(b) The aforesaid right to
reappointment described in subdivision (a) may be waived
by the employee, without prejudice, for not more than one school
year, unless the governing board of the school
district extends this right, but such
that waiver shall not deprive the employee of his or her
right to subsequent offers of reappointment.
(3)
(c) Notwithstanding paragraph (1),
subdivision (a), a school district may deviate from
reappointing a certificated employee in order of seniority for either
of the following reasons:
(A)
(1) The school district demonstrates a
specific need for personnel to teach a specific course or course of
study, or to provide services authorized by a services credential
with a specialization in either pupil personnel services or health
for a school nurse, and that the employee has special training and
experience necessary to teach that course or course of study, or to
provide those services, which services, that
others with more seniority do not possess.
(B)
(2) For purposes of maintaining or achieving compliance
with constitutional requirements related to equal protection of the
laws. law as it applies to pupils.
(4) As to any such
(d) For an employee who is
reappointed, the period of his or her absence shall be
treated as a leave of absence and shall not be considered as a break
in the continuity of his or her service, he or she
shall retain the classification and order of employment he
or she had when at the time his
or her services were terminated, and credit for prior
service under any a state or
school district retirement system shall not be affected by
such the termination, but the period of
his or her absence shall not count
be counted as a part of the service required for
retirement.
(5)
(e) During the period of his an
employee's preferred right to reappointment, any such
the employee shall, in the order of original
employment, be offered prior opportunity for substitute service
during the absence of any other employee who has been granted a leave
of absence or who is temporarily absent from duty; provided, that
his or her services may be terminated upon the return to
duty of said the other employee and
that said the substitute service shall
not affect the retention of his or her previous
classification and rights. If, in any a
school year the employee serves as a substitute in any
a position requiring certification for
any 21 days or more within a period of 60 schooldays, the
compensation the employee receives for substitute service in that
60-day period, including his or her first 20 days of substitute
service, shall be not less than the amount the employee would receive
if he or she were being reappointed.
(6)
(f) (1) During the
period of the employee's preferred right to reappointment, the
governing board of the school district, if it is also the
governing board of one or more other school districts, may
assign him the employee to service,
which that he or she is
certificated and competent to render, in said
the other district or districts; provided, that the
compensation he the employee receives
therefor may may, in the discretion of
the governing board of the school district, be the same as
he the employee would have received had
he or she been serving in the school district
from which his the employee's services
were terminated, that his terminated. The
employee's service in the said other
school district or districts shall be counted toward the period
required for both state and local retirement,
retirement as defined by Section 22102, as
though rendered in the school district from
which his the employee's services were
terminated, and that no terminated. The
employee shall not displace any permanent employee in
said the other school district or
districts shall be displaced by him. school
districts.
It
(2) It is the intent of this
subsection subdivision that the
employees of a school district, the governing board of which is also
the governing board of one or more other school districts, shall not
be at a disadvantage as compared with employees of a unified school
district.
(7) At any time prior to
(g) Before the completion of one
year after his or her return to service, he
an employee may continue or make up, with
interest, his or her own contributions to any
a state or school district retirement
system, for the period of his or her absence, but it
shall not be obligatory on the state or school
district to match such those
contributions.
(8) Should he become
(h) If the employee becomes
disabled or reach reaches retirement
age at any time before his or her
return to service, he the employee
shall receive, in any state or school district retirement
system of which he the employee was a
member, all benefits to which he or she would have been
entitled had such event occurred at the time of his or her
termination of service, plus any benefits he or she may
have qualified for thereafter, as though still employed.
SEC. 4. Section 44957 of the Education
Code is amended to read:
44957. Any A probationary employee
whose services have been terminated as provided in Section 44955
shall have the following rights:
(a) For the period of 24 months from the date of such
termination, any an employee
who in the meantime has not attained the age of 65 years shall have
the preferred right to reappointment, subject to the prior rights to
reappointment by all permanent employees as set forth in Section
44956, in the order of original employment as determined by the
governing board of the school district in accordance with
the provisions of Sections 44831 to 44855,
inclusive, if the number of employees is increased or the
discontinued service is reestablished, with no requirements that were
not imposed upon other employees who continued in service. Except as
otherwise provided, no a probationary
or temporary employee with less seniority shall not be
employed to render a service which such that
the employee is certificated and competent to render and
provided that such an the employee
shall be given a priority over employees whose right to a position is
derived pursuant to Section 44918. However, prior to
before reappointing any
an employee to teach a subject which
that he or she has not previously taught, and for which he or
she does not have a teaching credential or which
that is not within the employee's major area of
postsecondary study or the equivalent thereof, the governing board
of the school district shall require the employee to pass
a subject matter competency test in the appropriate subject.
(b) Notwithstanding subdivision (a), a school district may deviate
from reappointing a probationary employee in order of seniority for
either of the following reasons:
(1) The school district demonstrates a specific need
for personnel to teach a specific course or course of study, or to
provide services authorized by a services credential with a
specialization in either pupil personnel services or health for a
school nurse, and that the employee has special training and
experience necessary to teach that course or course of study, or to
provide those services, which services, that
others with more seniority do not possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the
laws. law as it applies to pupils.
(c) As to any such For an employee
who is reappointed, the period of his or her absence shall
be treated as a leave of absence and shall not be considered as a
break in the continuity of his or her service, he or
she shall retain the classification and order of employment he
or she had when at the time
his or her services were terminated, and credit for prior
service under any a state or
school district retirement system shall not be affected by
such the termination; provided,
however, that the period of his or her absence shall not
be counted as a part of the service required for attaining permanent
status in the school district or, except as provided in
subdivision (e), for retirement purposes.
(d) During the period of his an employee's
preferred right to reappointment, any such
the employee shall, in the order of original employment,
and subject to the rights of permanent employees as set forth in
Section 44956, be offered prior opportunity for substitute service
during the absence of any other employee who has been granted leave
of absence or who is temporarily absent from duty; provided, that his
or her services may be terminated upon a return to duty
of such the other employee,
that such the substitute service shall not
affect the retention of his or her previous classification
and rights, and that such an the
employee shall be given a priority over employees whose right to a
substitute position is derived pursuant to Section 44918.
(e) At any time prior to Before the
completion of one year after his or her return to service,
an employee reappointed under the provisions of this section may
elect to continue or to reinstate his or her membership
and interest in any a state or district
retirement system and to receive retirement benefits as if no
absence from service had occurred. In the event of such
election that election, the employee shall pay
into the retirement system the amount of his or her share
of contribution and the school district's share of
contribution attributable to the period of absence and the amount of
any contributions withdrawn, plus interest.
SEC. 5. It is the intent of the
Legislature that if the amendments made to Section 35035 by this act
conflict with the terms of a collective bargaining agreement entered
into between a public employer and an exclusive bargaining
representative, pursuant to Chapter 10.7 (commencing with Section
3540) of Division 4 of Title 1 of the Government Code, the amendments
shall not apply to the public employers or public employees subject
to that collective bargaining agreement.
SEC. 6. The Legislature finds and declares that
the amendments made to Sections 44955, 44956, and 44957 of the
Education Code by this act are declaratory of existing law.
SECTION 1. Section 47607 of the Education Code
is amended to read:
47607. (a) (1) A charter may be granted pursuant to Sections
47605, 47605.5, and 47606 for a period not to exceed five years. A
charter granted by the governing board of a school district, a county
board of education, or the state board may be granted one or more
subsequent renewals by that entity. Each renewal shall be for a
period of five years. A material revision of the provisions of a
charter petition may be made only with the approval of the authority
that granted the charter. The chartering authority may inspect or
observe any part of the charter school at any time.
(2) Renewals and material revisions of charters are governed by
the standards and criteria in Section 47605, and shall include, but
not be limited to, a reasonably comprehensive description of any new
requirement of charter schools enacted into law after the charter was
originally granted or last renewed.
(3) (A) The chartering authority shall consider increases in pupil
academic achievement for all groups of pupils served by the charter
school as the most important factor in determining whether to grant a
charter renewal.
(B) For purposes of this section, "all groups of pupils served by
the charter school" means a numerically significant pupil subgroup,
as defined by paragraph (3) of subdivision (a) of Section 52052,
served by the charter school.
(b) Commencing on January 1, 2005, or after a charter school has
been in operation for four years, whichever date occurs later, a
charter school shall meet at least one of the following criteria
before receiving a charter renewal pursuant to paragraph (1) of
subdivision (a):
(1) Attained its Academic Performance Index (API) growth target in
the prior year or in two of the last three years both schoolwide and
for all groups of pupils served by the charter school.
(2) Ranked in deciles 4 to 10, inclusive, on the API in the prior
year or in two of the last three years.
(3) Ranked in deciles 4 to 10, inclusive, on the API for a
demographically comparable school in the prior year or in two of the
last three years.
(4) (A) The chartering authority determines that the academic
performance of the charter school is at least equal to the academic
performance of the public schools that the charter school pupils
would otherwise have been required to attend, as well as the academic
performance of the schools in the school district in which the
charter school is located, taking into account the composition of the
pupil population that is served at the charter school.
(B) The determination made pursuant to this paragraph shall be
based upon all of the following:
(i) Documented and clear and convincing data.
(ii) Pupil achievement data from assessments, including, but not
limited to, the Measurement of Academic Performance and Progress
program established by Article 4 (commencing with Section 60640) of
Chapter 5 of Part 33 for demographically similar pupil populations in
the comparison schools.
(iii) Information submitted by the charter school.
(C) A chartering authority shall submit to the Superintendent
copies of supporting documentation and a written summary of the basis
for a determination made pursuant to this paragraph. The
Superintendent shall review the materials and make recommendations to
the chartering authority based on that review. The review may be the
basis for a recommendation made pursuant to Section 47604.5.
(D) A charter renewal may not be granted to a charter school prior
to 30 days after that charter school submits materials pursuant to
this paragraph.
(5) Qualified for an alternative accountability system pursuant to
subdivision (g) of Section 52052.
(c) (1) A charter may be revoked by the authority that granted the
charter under this chapter if the chartering authority finds,
through a showing of substantial evidence, that the charter school
did any of the following:
(A) Committed a material violation of any of the conditions,
standards, or procedures set forth in the charter.
(B) Failed to meet or pursue any of the pupil outcomes identified
in the charter.
(C) Failed to meet generally accepted accounting principles, or
engaged in fiscal mismanagement.
(D) Violated any provision of law.
(2) The chartering authority shall consider increases in pupil
academic achievement for all groups of pupils served by the charter
school as the most important factor in determining whether to revoke
a charter.
(d) Before revocation, the chartering authority shall notify the
charter school of a violation of this section and give the school a
reasonable opportunity to remedy the violation, unless the chartering
authority determines, in writing, that the violation constitutes a
severe and imminent threat to the health or safety of the pupils.
(e) Before revoking a charter for failure to remedy a violation
pursuant to subdivision (d), and after expiration of the school's
reasonable opportunity to remedy without successfully remedying
the violation, the chartering
authority shall provide a written notice of intent to revoke the
charter and notice of facts in support of revocation to the charter
school. No later than 30 days after providing the notice of intent to
revoke a charter, the chartering authority shall hold a public
hearing, in the normal course of business, on the issue of whether
evidence exists to revoke the charter. No later than 30 days after
the public hearing, the chartering authority shall issue a final
decision to revoke or decline to revoke the charter, unless the
chartering authority and the charter school agree to extend the
issuance of the decision by an additional 30 days. The chartering
authority shall not revoke a charter unless it makes written factual
findings supported by substantial evidence, specific to the charter
school, that support its findings.
(f) (1) If a school district is the chartering authority and it
revokes a charter pursuant to this section, the charter school may
appeal the revocation to the county board of education within 30 days
following the final decision of the chartering authority.
(2) The county board of education may reverse the revocation
decision if the county board of education determines that the
findings made by the chartering authority under subdivision (e) are
not supported by substantial evidence. The school district may appeal
the reversal to the state board.
(3) If the county board of education does not issue a decision on
the appeal within 90 days of receipt, or the county board of
education upholds the revocation, the charter school may appeal the
revocation to the state board.
(4) The state board may reverse the revocation decision if the
state board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence. The state board may uphold the revocation decision of the
school district if the state board determines that the findings made
by the chartering authority under subdivision (e) are supported by
substantial evidence.
(g) (1) If a county office of education is the chartering
authority and the county board of education revokes a charter
pursuant to this section, the charter school may appeal the
revocation to the state board within 30 days following the decision
of the chartering authority.
(2) The state board may reverse the revocation decision if the
state board determines that the findings made by the chartering
authority under subdivision (e) are not supported by substantial
evidence.
(h) If the revocation decision of the chartering authority is
reversed on appeal, the entity that granted the charter shall
continue to be regarded as the chartering authority.
(i) During the pendency of an appeal filed under this section, a
charter school, whose revocation proceedings are based on
subparagraph (A) or (B) of paragraph (1) of subdivision (c), shall
continue to qualify as a charter school for funding and for all other
purposes of this part, and may continue to hold all existing grants,
resources, and facilities, in order to ensure that the education of
pupils enrolled in the school is not disrupted.
(j) Immediately following the decision of a county board of
education to reverse a decision of a school district to revoke a
charter, the following shall apply:
(1) The charter school shall qualify as a charter school for
funding and for all other purposes of this part.
(2) The charter school may continue to hold all existing grants,
resources, and facilities.
(3) Any funding, grants, resources, and facilities that had been
withheld from the charter school, or that the charter school had
otherwise been deprived of use, as a result of the revocation of the
charter shall be immediately reinstated or returned.
(k) A final decision of a revocation or appeal of a revocation
pursuant to subdivision (c) shall be reported to the chartering
authority, the county board of education, and the department.
