Amended in Assembly March 18, 2014

Amended in Assembly March 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1619

Introduced by Assembly Member Gonzalez

February 6, 2014

An act to amend Sections 1296, begin delete 44908, end delete 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 begin delete permanent end delete school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1619, as amended, Gonzalez. begin delete Permanent school employees: regional occupational centers or programs. end delete begin insert Certificated school employees. end insert

(1) Existing law provides that a certificated employee of a school district of any type or class begin insert , end insert or begin insert an employee in a teaching position requiring certification qualifications of end insert a county superintendent of begin delete schools, end delete begin insert schools that maintains schools and classes end insert with an average daily attendance of 250 or begin delete more, end delete begin insert more pupils, end insert who completes 2 consecutive years and is reelected for the next succeeding school year to a begin delete teaching end delete 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 reelected to a position requiring certification shall become and be classified as a permanent employee.

begin delete

(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.

end delete begin delete

This bill would 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.

end delete begin delete

(3)

end delete

begin insert (2) end insert  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.

begin delete

(4)

end delete

begin insert (3) end insert  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 begin delete 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. end delete begin insert law, unless the school district elects to make the dismissal procedures specified above applicable, sets forth separate dismissal procedures for probationary employees of school districts with an average daily attendance of less than 250 pupils. end insert

This bill would delete the begin delete procedures specific to end delete begin insert separate dismissal procedures for end insert probationary employees of begin delete a school district end delete begin insert school districts end insert 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 position begin delete in schools or classes maintained by the county
superintendent of schools end delete requiring certification qualifications and
whose salary is paid from the county school service fund, is
reelected for the next succeeding school year to begin delete such a position in
those schools or classes, end delete begin insert the position, end insert shall be classified as and
become a permanent employee of the county superintendent of
schools.

(b)  begin insert (1) end insert begin insert   end insert 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 begin insert county end insert
superintendent begin insert of schools end insert in a position begin delete in schools or classes
maintained by the county superintendent of schools end delete requiring
certification qualifications, of the decision to reelect or not reelect
the employee for the next succeeding school year to begin delete such a position
in those schools. end delete begin insert the position. end insert 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.

begin delete

Such an

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 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.

begin delete

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 district 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.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

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, 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.

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 44929.23 of the Education Code is repealed.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 44948 of the Education Code is repealed.

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 44948.2 of the Education Code is repealed.

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

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 begin delete all end delete begin insert both end insert 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.

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 44948.5 of the Education Code is repealed.