AB 1619, as amended, Gonzalez. Permanentbegin insert schoolend insert 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 abegin insert teachingend insert 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 isbegin delete soend delete reelectedbegin insert to a position requiring certificationend insert 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 wouldbegin delete insteadend delete provide that a probationary employee isbegin insert alsoend insert 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 1296 of the Education Code is amended
2to read:
(a) A person who, after being employed for two
4complete consecutive school years by a county superintendent of
5schools in abegin delete teachingend delete position inbegin delete thoseend delete schools or classes
6begin insert maintained by the county superintendent of schoolsend insert requiring
7certification qualifications and whose salary is paid from the county
8school service fund, is reelected for the next succeeding school
9year to such a position in those schools or classes, shall be
10classified as and become a permanent employee
of the county
11superintendent of schools.
12(b) The county superintendent of schools shall notify the
13employee, on or before March 15 of the employee’s second
14complete consecutive year of employment by the superintendent
15in abegin delete teachingend delete position in schools or classes maintained by the
16county superintendent of schools requiring certification
17qualifications, of the decision to reelect or not reelect the employee
18for the next succeeding school year to such a position in those
19schools. If the county superintendent of schools does not give
20notice pursuant to this section on or before March 15, the employee
21shall be deemed reelected for the next succeeding school year.
22Such an employee shall have the same rights and duties as
23employees
of school districts to which Section 44929.21
applies.
24Sections
44842, 44929.21, and 44948.3 are applicable to these
25employees.
P4 1(c) As used in this section, “teaching position” means any
2certificated position designated as of January 1, 1983, by the county
3board of education or the county superintendent of schools as a
4teaching position for the purpose of granting probationary or
5permanent status.
Section 44908 of the Education Code is amended to
7read:
A probationary employee who, in any one school year,
9has served forbegin insert at least 75 percent of the number of days the regular
10schools of the school district in which he or she is employed are
11maintained orend insert at least 75 percent of a full-time equivalent position
12shall be deemed to have served a complete school year. In case of
13evening schools, 75 percent of the number of days the evening
14schools of the school district are in session shall be deemed a
15complete school year.
Section 44910 of the Education Code is amended to
17read:
Service by a person as an instructor in classes conducted
19at regional occupational centers or programs, as authorized pursuant
20to Section 52301, shall be included in computing the service
21required as a prerequisite to attainment of, or eligibility to,
22classification as a permanent employee of a school district.
Section 44929.21 of the Education Code is amended
24to read:
(a) An employee of a school district of any type or
26class who, after having been employed by the district for two
27complete consecutive school years in a position or positions
28requiring certification qualifications, is reelected for the next
29succeeding school year to a position requiring certification
30qualifications shall, at the commencement of the succeeding school
31begin delete yearend deletebegin insert year,end insert be classified as and become a permanent employee of
32the school district.
33(b) The governing board
of the school district shall notify the
34employee, on or before March 15 of the employee’s second
35complete consecutive school year of employment by the school
36district in a position or positions requiring certification
37qualifications, of the decision to reelect or not reelect the employee
38for the next succeeding school year to the position. In the event
39that the governing board of the school district does not give notice
P5 1pursuant to this section on or before March 15, the employee shall
2be deemed reelected for the next succeeding school year.
Section 44929.23 of the Education Code is repealed.
Section 44948 of the Education Code is repealed.
Section 44948.2 of the Education Code is repealed.
Section 44948.3 of the Education Code is amended to
7read:
(a) First and second year probationary employees
9may be dismissed during the school year for unsatisfactory
10performance determined pursuant to Article 11 (commencing with
11Section 44660) of Chapter 3, or for cause pursuant to Section
1244932. Any dismissal pursuant to this section shall be in
13accordance with all of the following procedures:
14(1) The superintendent of the school district or the
15superintendent’s designee shall give 30 days’ prior written notice
16of dismissal, not later than March 15 in the case of second year
17probationary employees. The notice shall include a statement of
18the reasons for the dismissal and notice of the opportunity to
19appeal.
In the event of a dismissal for unsatisfactory performance,
20a copy of the evaluation conducted pursuant to Section 44664 shall
21accompany the written notice.
22(2) The probationary employee shall have 15 days from receipt
23of the notice of dismissal to submit to the governing board of the
24school district a written request for a hearing. The governing board
25of the school district may establish procedures for the appointment
26of an administrative law judge to conduct the hearing and submit
27a recommended decision to the board. The failure of a probationary
28employee to request a hearing within 15 days from receipt of a
29dismissal notice shall constitute a waiver of the right to a hearing.
30(b) The governing board of the school district, pursuant to this
31section, may suspend a probationary
employee for a specified
32period of time without pay as an alternative to dismissal.
Section 44948.5 of the Education Code is repealed.
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