California Legislature—2013–14 Regular Session

Assembly Bill No. 1619

Introduced by Assembly Member Gonzalez

February 6, 2014

An act to amend Sections 1296, 44908, 44910, 44929.21, and 44948.3 of, and to repeal Sections 44929.23, 44948, 44948.2, and 44948.5, of, the Education Code, relating to permanent school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1619, as introduced, Gonzalez. Permanent employees: regional occupational centers or programs.

(1) Existing law provides that a certificated employee of a school district of any type or class or a county superintendent of schools, with an average daily attendance of 250 or more, who completes 2 consecutive years and is reelected for the next succeeding school year to a position requiring certification, shall become and be classified as a permanent employee of the school district or county superintendent. Existing law authorizes the governing board of a school district of any type or class having an average daily attendance of less than 250 pupils to classify as a permanent employee of the district any employee who, after having been employed by the school district for 3 complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. If that classification is not made, existing law provides that the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made.

This bill would provide that a certificated employee of a school district of any type or class or of a county superintendent of schools, regardless of the average daily attendance of the school district or county superintendent of schools, who completes 2 consecutive years and is so reelected shall become and be classified as a permanent employee.

(2) Existing law provides that a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the district in which he or she is employed are maintained is deemed to have served a complete school year.

This bill would instead provide that a probationary employee is deemed to have served a complete school year if the employee, in any one school year, serves for at least 75% of a full-time equivalent position.

(3) Existing law authorizes the establishment of regional occupational centers or programs to provide career technical education and technical training to students. Existing law requires instruction in those centers or programs to only be given by a qualified teacher holding a certificate, as provided, but prohibits service by a person as an instructor in classes conducted at regional occupational centers or programs from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district.

This bill would instead provide service by a person as an instructor in classes conducted at regional occupational centers or programs shall be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district.

(4) Existing law provides that first- and 2nd-year probationary employees of a school district may be dismissed during the school year for unsatisfactory performance or for cause, pursuant to specified procedures. Existing law specifies that those provisions do not apply to probationary employees in a school district having an average daily attendance of less than 250 pupils. Existing law prohibits the governing board of a school district with an average daily attendance of less than 250 pupils from dismissing probationary employees during the school year, except for cause, pursuant to separate procedures. However, existing law authorizes the governing board of a school district having an average daily attendance of less than 250 pupils to elect to dismiss probationary employees pursuant to the procedures applicable to probationary employees of a school district having an average daily attendance of 250 or more pupils.

This bill would delete the procedures specific to probationary employees of a school district with an average daily attendance of less than 250 pupils, thereby subjecting all probationary employees, regardless of the average daily attendance of the school district, to the same dismissal procedures. The bill would also delete obsolete references, update references, and make conforming and nonsubstantive 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.  

Section 1296 of the Education Code is amended
to read:

begin delete

1296.  

(a) If the average daily attendance of the schools and
classes maintained by a county superintendent of schools is 250
or more, each person who, after being employed for three complete
consecutive school years by the superintendent in a teaching
position in those schools or classes requiring certification
qualifications and whose salary is paid from the county school
service fund, is reelected for the next succeeding school year to
such a position in those schools or classes, shall be classified as
and become a permanent employee of the county superintendent
of schools.

Such an employee shall have the same rights and duties as
employees of school districts to which Section 44882 applies.
Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable
to these employees.

This subdivision shall apply only to probationary employees
whose probationary period commenced prior to the 1983-84 fiscal
year.

(b) If the average daily attendance of the schools and classes
maintained by a county superintendent of schools is 250 or more,
each

end delete

begin insert

begin insert 1296. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert A end insert person who, after being employed for two complete
consecutive school years by begin delete the end delete begin insert a county end insert superintendent begin insert of schools end insert
in a teaching position in those schools or classes requiring
certification qualifications and whose salary is paid from the county
school service fund, is reelected for the next succeeding school
year to such a position in those schools or classes, shall be
classified as and become a permanent employee of the county
superintendent of schools.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert county superintendent of schools shall notify the
employee, on or before March 15 of the employee’s second
complete consecutive year of employment by the superintendent
in a teaching position in schools or classes maintained by the
begin insert county end insert superintendent begin insert of schools end insert requiring certification
qualifications, of the decision to reelect or not reelect the employee
for the next succeeding school year to such a position in those
schools. begin delete In the event that end delete begin insert If end insert the county superintendent begin insert of schools end insert
does not give notice pursuant to this section on or before March
15, the employee shall be deemed reelected for the next succeeding
school year.

Such an employee shall have the same rights and duties as
employees of school districts to which Section begin delete 44882 end delete begin insert 44929.21 end insert
applies. Sections begin delete 44841, 44842, 44882, 44948.3, and 44948.5 end delete
begin insert 44842, 44929.21, and 44948.3 end insert are applicable to these employees.

begin delete

This subdivision shall apply only to probationary employees
whose probationary period commenced during the 1983-84 fiscal
year or any fiscal year thereafter.

end delete

(c) As used in this section, “teaching position” means any
certificated position designated as of January 1, 1983, by the county
board of education or the county superintendent of schools as a
teaching position for the purpose of granting probationary or
permanent status.

SEC. 2.  

Section 44908 of the Education Code is amended to
read:

44908.  

A probationary employee who, in any one school year,
has served for at least 75 percent of begin delete the number of days the regular
schools of the district in which he is employed are maintained end delete begin insert a
full-time equivalent position end insert shall be deemed to have served a
complete school year. In case of evening schools, 75 percent of
the number of days the evening schools of the begin insert school end insert district are
in session shall be deemed a complete school year.

SEC. 3.  

Section 44910 of the Education Code is amended to
read:

44910.  

Service by a person as an instructor in classes conducted
at regional occupational centers or programs, as authorized pursuant
to Section 52301, shall begin delete not end delete be included in computing the service
required as a prerequisite to attainment of, or eligibility to,
classification as a permanent employee of a school district.

begin delete

This section shall not be construed to apply to any regularly
credentialed teacher who has been employed to teach in the regular
educational programs of the school district and subsequently
assigned as an instructor in regional occupational centers or
programs, nor shall it affect the status of regional occupational
center teachers classified as permanent or probationary at the time
this section becomes effective.

end delete

SEC. 4.  

Section 44929.21 of the Education Code is amended
to read:

begin delete

44929.21.  

(a) Every employee of a school district of any type
or class having an average daily attendance of 250 or more who,
after having been employed by the district for three complete
consecutive school years in a position or positions requiring
certification qualifications, is reelected for the next succeeding
school year to a position requiring certification qualifications shall,
at the commencement of the succeeding school year be classified
as and become a permanent employee of the district.

This subdivision shall apply only to probationary employees
whose probationary period commenced prior to the 1983-84 fiscal
year.

(b) Every

end delete

begin insert

begin insert 44929.21. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert An end insert employee of a school district of any type or
class begin delete having an average daily attendance of 250 or more end delete who, after
having been employed by the district for two complete consecutive
school years in a position or positions requiring certification
qualifications, is reelected for the next succeeding school year to
a position requiring certification qualifications shall, at the
commencement of the succeeding school year be classified as and
become a permanent employee of the begin insert school end insert district.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert governing board begin insert of the school district end insert shall notify the
employee, on or before March 15 of the employee’s second
complete consecutive school year of employment by the begin insert school end insert
district in a position or positions requiring certification
qualifications, of the decision to reelect or not reelect the employee
for the next succeeding school year to the position. In the event
that the governing board begin insert of the school district end insert does not give notice
pursuant to this section on or before March 15, the employee shall
be deemed reelected for the next succeeding school year.

begin delete

This subdivision shall apply only to probationary employees
whose probationary period commenced during the 1983-84 fiscal
year or any fiscal year thereafter.

end delete

SEC. 5.  

Section 44929.23 of the Education Code is repealed.

begin delete

44929.23.  

(a) The governing board of a school district of any
type or class having an average daily attendance of less than 250
pupils may classify as a permanent employee of the district any
employee who, after having been employed by the school district
for three complete consecutive school years in a position or
positions requiring certification qualifications, is reelected for the
next succeeding school year to a position requiring certification
qualifications. If that classification is not made, the employee shall
not attain permanent status and may be reelected from year to year
thereafter without becoming a permanent employee until a change
in classification is made.

(b) Notwithstanding subdivision (a), Section 44929.21 shall
apply to certificated employees employed by a school district, if
the governing board of the school district elects to dismiss
probationary employees pursuant to Section 44948.2. If that
election is made, the governing board thereafter shall classify as
a permanent employee of the district any probationary employee
who, after being employed for two complete consecutive school
years in a position or positions requiring certification qualifications,
is reelected for the next succeeding school year to a position
requiring certification qualifications as required by Section
44929.21. Any probationary employee who has been employed
by the district for two or more consecutive years on the date of
that election in a position or positions requiring certification
qualifications shall be classified as a permanent employee of the
district.

(c) If the classification is not made pursuant to subdivision (a)
or (b), the employee shall not attain permanent status and may be
reelected from year to year thereafter without becoming a
permanent employee until the classification is made.

end delete

SEC. 6.  

Section 44948 of the Education Code is repealed.

begin delete

44948.  

(a) Governing boards of school districts shall dismiss
probationary employees during the school year for cause only, as
in the case of permanent employees.

This subdivision shall apply only to probationary employees
whose probationary period commenced prior to the 1983-84 fiscal
year or who are employed in a school district having an average
daily attendance of less than 250 pupils.

(b) The governing board may suspend a probationary employee
for a specified period of time without pay as an alternative to
dismissal pursuant to this section. This subdivision shall apply
only to probationary employees whose probationary period
commenced prior to the 1983-84 fiscal year.

end delete

SEC. 7.  

Section 44948.2 of the Education Code is repealed.

begin delete

44948.2.  

Notwithstanding subdivision (a) of Section 44948
and subdivision (c) of Section 44948.3, the governing board of
any school district having an average daily attendance of less than
250 may elect to dismiss probationary employees during the school
year pursuant to the provisions of Section 44948.3. Once a district
has made an election pursuant to this section, it shall only dismiss
probationary certificated employees during the school year pursuant
to this section.

end delete

SEC. 8.  

Section 44948.3 of the Education Code is amended to
read:

44948.3.  

(a) First and second year probationary employees
may be dismissed during the school year for unsatisfactory
performance determined pursuant to Article 11 (commencing with
Section 44660) of Chapter 3, or for cause pursuant to Section
44932. Any dismissal pursuant to this section shall be in
accordance with all of the following procedures:

(1) The superintendent of the school district or the
superintendent’s designee shall give 30 days’ prior written notice
of dismissal, not later than March 15 in the case of second year
probationary employees. The notice shall include a statement of
the reasons for the dismissal and notice of the opportunity to
appeal. In the event of a dismissal for unsatisfactory performance,
a copy of the evaluation conducted pursuant to Section 44664 shall
accompany the written notice.

(2) The begin insert probationary end insert employee shall have 15 days from receipt
of the notice of dismissal to submit to the governing board begin insert of the
school district end insert a written request for a hearing. The governing board
begin insert of the school district end insert may establish procedures for the appointment
of an administrative law judge to conduct the hearing and submit
a recommended decision to the board. The failure of begin delete an end delete begin insert a
probationary end insert employee to request a hearing within 15 days from
receipt of a dismissal notice shall constitute a waiver of the right
to a hearing.

(b) The governing begin delete board, end delete begin insert board of the school district, end insert pursuant
to this section, may suspend a probationary employee for a
specified period of time without pay as an alternative to dismissal.

begin delete

(c) This section applies only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year
or any fiscal year thereafter, and does not apply to probationary
employees in a school district having an average daily attendance
of less than 250 pupils.

end delete

SEC. 9.  

Section 44948.5 of the Education Code is repealed.

begin delete

44948.5.  

(a) This section applies only to those persons
currently employed as probationary employees whose probationary
period commenced prior to the 1983-84 fiscal year.

(b) No later than March 15 and before a probationary employee
is given notice by the governing board of the school district that
his or her services will not be required for the ensuing year for
reasons other than those specified in Section 44955, the governing
board of the school district and the employee shall be given written
notice by the superintendent of the district or his or her designee,
or, in the case of a district which has no superintendent, by the
clerk or secretary of the governing board of the school district that
it has been recommended that the notice be given to the employee,
and stating the reasons therefor.

If the probationary employee has been in the employ of the
district for less than 45 days on March 15, the giving of the notice
may be deferred until the 45th day of employment and all time
period and deadline dates prescribed by this subdivision shall be
coextensively extended.

Until the employee has requested a hearing as provided in
subdivision (c) or has waived his or her right to a hearing, the
notice and the reasons therefor shall be confidential and shall not
be divulged by any person, except as may be necessary in the
performance of duties. However, the violation of this requirement
of confidentiality, in and of itself, shall not in any manner be
construed as affecting the validity of any hearing conducted
pursuant to this section.

(c) The employee may request a hearing to determine if there
is cause for not reemploying him or her for the ensuing year. A
request for a hearing shall be in writing and shall be delivered to
the person who sent the notice pursuant to subdivision (b), on or
before a date specified in that subdivision, which shall not be less
than seven days after the date on which the notice is served upon
the employee. If an employee fails to request a hearing on or before
the date specified, his or her failure to do so shall constitute a
waiver of his or her right to a hearing. The notice provided for in
subdivision (b) shall advise the employee of the provisions of this
subdivision.

(d) In the event a hearing is requested by the employee, the
proceeding shall be conducted and a decision made in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code and the governing
board shall have all the power granted to an agency therein, except
that all of the following shall apply:

(1) The respondent shall file his or her notice of defense, if any,
within five days after service upon him or her of the accusation
and he or she shall be notified of this five-day period for filing in
the accusation.

(2) The discovery authorized by Section 11507.6 of the
Government Code shall be available only if request is made
therefor within 15 days after service of the accusation, and the
notice required by Section 11505 of the Government Code shall
so indicate.

(3) The hearing shall be conducted by an administrative law
judge who shall prepare a proposed decision, containing findings
of fact and a determination as to whether the charges sustained by
the evidence are related to the welfare of the schools and the pupils
thereof. The proposed decision shall be prepared for the governing
board and shall contain a determination as to the sufficiency of
the cause and a recommendation as to disposition. However, the
governing board of the school district shall make the final
determination as to the sufficiency of the cause and disposition.
None of the findings, recommendations, or determinations
contained in the proposed decision prepared by the administrative
law judge shall be binding on the governing board of the school
district. Nonsubstantive procedural errors committed by the school
district or governing board of the school district shall not constitute
cause for dismissing the charges unless the errors are prejudicial
errors. Copies of the proposed decision shall be submitted to the
governing board of the school district and to the employee on or
before May 7 of the year in which the proceeding is commenced.
All expenses of the hearing, including the cost of the administrative
law judge, shall be paid by the governing board of the school
district from the school district funds.

The board may adopt from time to time such rules and procedures
not inconsistent with provisions of this section as may be necessary
to effectuate this section.

(e) The governing board’s determination not to reemploy a
probationary employee for the ensuing school year shall be for
cause only. The determination of the governing board as to the
sufficiency of the cause pursuant to this section shall be conclusive,
but the cause shall relate solely to the welfare of the schools and
the pupils thereof. The decision made after the hearing shall be
effective on May 15 of the year the proceeding is commenced.

(f) Notice to the probationary employee by the governing board
of a school district that his or her service will not be required for
the ensuing year, shall be given no later than May 15.

(g) If a governing board of a school district notifies a
probationary employee that his or her services will not be required
for the ensuing year, the governing board of the school district
shall, within 10 days after delivery to it of the employee’s written
request, provide the employee with a statement of its reasons for
not reemploying him or her for the ensuing school year.

(h) Any notice or request shall be deemed sufficient when it is
delivered in person to the employee to whom it is directed, or when
it is deposited in the United States registered mail, postage prepaid
and addressed to the last known address of the employee.

(i) In the event that the governing board of a school district does
not give notice provided for in subdivision (e) on or before May
15, the employee shall be deemed reemployed for the ensuing
school year.

(j) If after request for hearing pursuant to subdivision (c) any
continuance is granted pursuant to Section 11524 of the
Government Code, the dates prescribed in subdivisions (d), (e),
(f), and (i) which occur on or after the date of granting the
continuance shall be extended for a period of time equal to the
continuance.

end delete