BILL NUMBER: AB 1619 INTRODUCED
BILL TEXT
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:
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
1296. (a) A person
who, after being employed for two complete consecutive school years
by the a county superintendent of
schools 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.
The
(b) The 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 county superintendent of schools
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. In the event that
If the county superintendent of schools
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 44882
44929.21 applies. Sections 44841,
44842, 44882, 44948.3, and 44948.5 4 4842,
44929.21, and 44948.3 are applicable to these employees.
This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
(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 the number of days the
regular schools of the district in which he is employed are
maintained a full-time equivalent position 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
school 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 not 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.
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.
SEC. 4. Section 44929.21 of the Education Code is amended to read:
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
44929.21. (a) An
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 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 school district.
The
(b) The governing board of
the school district shall notify the employee, on or before
March 15 of the employee's second complete consecutive school year of
employment by the school 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 of
the school district 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.
This subdivision shall apply only to probationary employees whose
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter.
SEC. 5. Section 44929.23 of the Education Code is repealed.
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.
SEC. 6. Section 44948 of the Education Code is repealed.
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.
SEC. 7. Section 44948.2 of the Education Code is repealed.
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.
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 probationary employee shall have 15 days from
receipt of the notice of dismissal to submit to the governing board
of the school district a written request for a hearing.
The governing board of the school district 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 an a probationary
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 board, board of the
school district, pursuant to this section, may suspend a
probationary employee for a specified period of time without pay as
an alternative to dismissal.
(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.
SEC. 9. Section 44948.5 of the Education Code is repealed.
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.