BILL NUMBER: SB 1655	CHAPTERED  09/28/06

	CHAPTER  518
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2006
	PASSED THE ASSEMBLY  AUGUST 22, 2006
	PASSED THE SENATE  MAY 30, 2006
	AMENDED IN SENATE  MAY 24, 2006
	AMENDED IN SENATE  MAY 2, 2006

INTRODUCED BY   Senator Scott

                        FEBRUARY 24, 2006

   An act to add Section 35036 to the Education Code, relating to
teachers.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1655, Scott  Teachers: voluntary transfers.
   Existing law authorizes the superintendent of a school district,
upon adoption by the governing board of the school district of a
policy concerning transfers of teachers from one school to another
school within the district, to transfer teachers consistent with that
policy.
   This bill would, notwithstanding that authority, prohibit a
superintendent from transferring a teacher who requests to be
transferred to a school offering kindergarten or any of grades 1 to
12, inclusive, that is ranked in deciles 1 to 3, inclusive, on the
Academic Performance Index if the principal of the school refuses to
accept the transfer. The bill would prohibit the governing board of a
school district from adopting a policy or regulation, or entering
into a collective bargaining agreement, that assigns, after April 15
of the school year prior to the school year in which the transfer
would become effective, priority to a teacher who requests to be
transferred to another school over other qualified applicants who
have applied for positions requiring certification qualifications at
that school. The bill would provide that, if its prohibitions are in
direct conflict with the terms of a collective bargaining agreement
in effect on January 1, 2007, those prohibitions become operative
with regard to the employees governed by that agreement upon its
expiration.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 35036 is added to the Education Code, to read:

   35036.  (a) Notwithstanding subdivision (d) of Section 35035, the
superintendent of a school district may not transfer a teacher who
requests to be transferred to a school offering kindergarten or any
of grades 1 to 12, inclusive, that is ranked in deciles 1 to 3,
inclusive, on the Academic Performance Index if the principal of the
school refuses to accept the transfer.
   (b) The governing board of a school district may not adopt a
policy or regulation, or enter into a collective bargaining
agreement, that assigns, after April 15 of the school year prior to
the school year in which the transfer would become effective,
priority to a teacher who requests to be transferred to another
school over other qualified applicants who have applied for positions
requiring certification qualification at the school.
   (c) The prohibitions in this section shall become operative on
January 1, 2007. If the prohibitions in this section are in direct
conflict with the terms of a collective bargaining agreement in
effect on January 1, 2007, the prohibitions of this section shall
become operative on the employees governed by that agreement upon its
expiration.