BILL NUMBER: AB 1231	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

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

                        FEBRUARY 27, 2009

   An act to add Section 44929.24 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 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, and prohibits 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 district and the exclusive bargaining representative of the
certificated employees of that district on or after January 1, 2010.

   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
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 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 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  .