BILL NUMBER: AB 1619 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2014
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.
Certificated school employees.
(1) Existing law provides that a certificated employee of a school
district of any type or class , or an employee in a
teaching position requiring certification qualifications of a
county superintendent of schools, schools
that maintains schools and classes with an average daily
attendance of 250 or more, more pupils,
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 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 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)
(2) 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)
(3) 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. 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.
This bill would delete the procedures specific to
separate dismissal procedures for probationary
employees of a school district school
districts 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 in 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,
the position, shall be classified as and become a permanent
employee of the county superintendent of schools.
(b) (1) 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 county
superintendent of schools in a 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. the
position. 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
(2) The 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.
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.
SEC. 3. SEC. 2. 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. SEC. 3. 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.
SEC. 5. SEC. 4. Section 44929.23 of
the Education Code is repealed.
SEC. 6. SEC. 5. Section 44948 of the
Education Code is repealed.
SEC. 7. SEC. 6. Section 44948.2 of
the Education Code is repealed.
SEC. 8. SEC. 7. 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
both 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. SEC. 8. Section 44948.5 of
the Education Code is repealed.