BILL NUMBER: AB 1231	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1231, as introduced, Portantino. Part-time adult school
teachers: collective bargaining.
   Existing law classifies a person who 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 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
school districts and those employees 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.
   (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.
  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 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,  no  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.