BILL NUMBER: AB 1619	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 10, 2014

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 amended, Gonzalez. Permanent  school 
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  teaching  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  to a
position requiring certification  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  also  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) A person who, after being employed for two complete
consecutive school years by a county superintendent of schools in a
 teaching  position in  those 
schools or classes  maintained by the county superintendent of
schools  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.
   (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. 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 44929.21 applies.
Sections 44842, 44929.21, and 44948.3 are applicable to these
employees. 
   (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 school di   strict in which he or she is
employed are maintained or  at least 75 percent of 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 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.
  SEC. 4.  Section 44929.21 of the Education Code is amended to read:

   44929.21.  (a) An employee of a school district of any type or
class 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   year,  be classified as and become
a permanent employee of the school district.
   (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.
  SEC. 5.  Section 44929.23 of the Education Code is repealed.
  SEC. 6.  Section 44948 of the Education Code is repealed.
  SEC. 7.  Section 44948.2 of the Education Code is repealed.
  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 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 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.
  SEC. 9.  Section 44948.5 of the Education Code is repealed.