Amended in Assembly April 8, 2014

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 begin insert , repeal, and add end insert Sections 1296, 44910, 44929.21, begin delete and 44948.3 of, and to repeal Sections 44929.23, 44948, 44948.2, and 44948.5 of, end delete begin insert and 44929.23 of end insert the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1619, as amended, Gonzalez. Certificated school employees.

begin delete

(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 that maintains schools and classes with an average daily attendance of 250 or more pupils, 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.

end delete begin delete

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.

end delete begin insert

(1) Existing law, for a county superintendent of schools with schools and classes with an average daily attendance of 250 or more pupils, authorizes the county superintendent of schools to classify an employee in a teaching position requiring certification qualifications who completes 2 consecutive school years as a permanent employee in qualified positions, in accordance with specified procedures and notice requirements.

end insert begin insert

This bill, on and after July 1, 2015, would instead authorize a county superintendent of schools to classify a person employed in a nonsupervisory, nonmanagement position requiring certification qualifications for 2 consecutive school years, whose salary is paid from the county school service fund, as a permanent employee, and would specify that the provisions relating to probation, the attainment of permanent status, and dismissal that are otherwise applicable to employees of school districts with an average daily attendance of 250 or more pupils, are applicable to employees of county superintendents of schools, unless otherwise provided.

end insert begin insert

(2) Existing law, for a school district having an average daily attendance of 250 or more pupils, authorizes the governing board of the school district to classify a certificated employee as a permanent employee if he or she completes 2 consecutive school years of employment, as specified, in accordance with specified procedures and notice requirements.

end insert begin insert

This bill, on and after July 1, 2015, would make those provisions applicable only to those certificated employees in nonsupervisory, nonmanagement positions.

end insert begin insert

(3) Existing law, for a school district having an average daily attendance of less than 250 pupils, authorizes the governing board of the school district to classify a certificated employee as a permanent employee if he or she completes 3 consecutive school years of employment, as specified, in accordance with specified procedures and notice requirements.

end insert begin insert

This bill, on and after July 1, 2015, would make those provisions applicable only to certificated employees in nonsupervisory, nonmanagement positions. The bill, on and after July 1, 2015, would make those provisions applicable to certificated employees in nonsupervisory, nonmanagement positions who are employed by county offices of education having an average daily attendance of less than 250 pupils. The bill would specify that the provisions relating to probation, the attainment of permanent employment status, and dismissal that are otherwise applicable to employees of school districts having an average daily attendance of less than 250 pupils, are applicable to the employees of county offices of education having an average daily attendance of less than 250 pupils, unless otherwise provided.

end insert begin delete

(2)

end delete

begin insert (4) 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 begin insert , on and after July 1, 2015, end insert 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

(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, 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 delete begin delete

This bill would delete the separate dismissal procedures for probationary employees of 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.

end delete begin insert

(5) This bill would make conforming and related changes, and would set forth applicable provisions for school employees who are subject to the provisions specified above and are employed at the time the provisions of the bill become operative.

end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1296 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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 begin insert county end insert 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 person who, after being employed for two complete
consecutive school years by the begin insert county end insert 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.

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 in
a teaching position in schools or classes maintained by the begin insert county end insert
superintendent 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 the county
superintendent begin insert of schools end insert 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 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 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.

begin insert

(d) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1296 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 1296. end insert   

(a) (1) A person who, after being employed for two
complete consecutive school years by a county superintendent of
schools with an average daily attendance of 250 pupils or more,
in a nonsupervisory, nonmanagement position requiring
certification qualifications and whose salary is paid from the
county school service fund, is reelected for the next succeeding
school year to the position, shall be classified as and become a
permanent employee of the county superintendent of schools.

(2) 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 the position of the decision to reelect
or not reelect the employee for the next succeeding school year to
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.

(3) Unless otherwise provided by law, for a certificated
employee of a county office of education with an average daily
attendance of 250 or more pupils, the statutory provisions relating
to probation, the attainment of permanent employment status, and
dismissal that are applicable to employees of school districts with
an average daily attendance of 250 pupils or more shall apply,
including, but not limited to, Sections 44929.21 and 44948.3.

(b) Unless otherwise provided by law, for a certificated
employee of a county office of education with an average daily
attendance of less than 250 pupils, the statutory provisions relating
to probationary status, the attainment of permanent employment
status, and dismissal that are applicable to employees of school
districts with an average daily attendance of less than 250 pupils
shall apply, including, but not limited to, Sections 44929.23, 44948,
44948.2, 44948.3, and 44948.5.

(c) The following provisions are applicable to a certificated
employee who is subject to the provisions of this section who is
employed on July 1, 2015:

(1) If the certificated employee has less than two consecutive
years of service at the county office of education as of July 1, 2015,
the employee shall complete his or her probationary period, and
shall be granted permanent employee status upon reelection to his
or her third year of service.

(2) If a certificated employee has at least two consecutive years
of service at a county office of education as of July 1, 2015, and
has been reelected to at least a third year of service, the employee
shall be granted permanent employee status.

(d) This section shall become operative on July 1, 2015.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 44910 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44910.  

begin insert (a) end insert begin insert   end insert 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.

begin delete

This

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert 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.

begin insert

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 44910 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 44910. end insert   

(a) Service by a person as an instructor in a class
conducted at a regional occupational center or program, as
authorized pursuant to Section 52301, shall be included in
computing the service required as a prerequisite to the attainment
of, or eligibility to, classification as a permanent employee of a
school district.

(b) The following provisions apply to an employee subject to
this section who is employed on July 1, 2015:

(1) If, as of July 1, 2015, the certificated employee has completed
less than two consecutive years of service at a regional
occupational center or program operated by a school district or
county office of education with an average daily attendance of 250
or more pupils, the employee shall complete his or her
probationary period and shall be granted permanent employee
status upon reelection to his or her third year of service.

(2) If, as of July 1, 2015, the certificated employee has completed
at least two consecutive years of service at a regional occupational
center or program operated by a school district or county office
of education with an average daily attendance of 250 or more
pupils, and has been reelected to at least a third year of service,
the employee shall be granted permanent employee status.

(3) If, as of July 1, 2015, the certificated employee has less than
three consecutive years of service at a regional occupational center
or program operated by a school district or county office of
education with an average daily attendance of less than 250 pupils,
the employee shall complete his or her probationary period and
shall be granted permanent employee status upon reelection to his
or her fourth year of service, as applicable pursuant to Section
44929.23.

(4) If, as of July 1, 2015, the certificated employee has completed
at least three consecutive years of service at a regional
occupational center or program operated by a school district or
county office of education with an average daily attendance of less
than 250 pupils and has been reelected to at least a fourth year of
service, the employee shall be granted permanent employee status,
as applicable pursuant to Section 44929.23.

(c) This section shall become operative on July 1, 2015.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 44929.21 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

44929.21.  

(a)  begin insert (1) end insert begin insert   end insert 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 begin insert school end insert 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
begin insert school end insert district.

begin delete

This

end delete

begin insert (2) end insert begin insert   end insert begin insert This end insert subdivision shall apply only to probationary employees
whose probationary period commenced prior to the 1983-84 fiscal
year.

(b)  begin insert (1) end insert begin insert   end insert 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 begin insert school end insert 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 begin insert , end insert be classified
as and become a permanent employee of the begin insert school end insert district.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert governing board begin insert of the school district end insert shall notify the
employee, on or before March 15 of the employee’s second
complete consecutive school year of employment by the begin insert school end insert
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 begin insert of the school district end insert 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

This

end delete

begin insert (3) end insert begin insert   end insert begin insert This end insert subdivision shall apply only to probationary employees
whose probationary period commenced during the 1983-84 fiscal
year or any fiscal year thereafter.

begin insert

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 44929.21 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44929.21. end insert   

(a) An employee of a school district with an average
daily attendance of 250 or more pupils, after having been employed
by the school district for two complete consecutive school years
in a nonsupervisory, nonmanagement position requiring
certification qualifications who 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 requiring certification qualifications, of the
decision to reelect or not reelect the employee for the next
succeeding school year to the position. If 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.

(c) The following provisions apply to an employee subject to
this section who is employed on July 1, 2015:

(1) If the certificated employee has completed less than two
consecutive years of service at the school district as of July 1,
2015, the employee shall complete his or her probationary period
and shall be granted permanent employee status upon reelection
to his or her third year of service.

(2) If the certificated employee has completed at least two
consecutive years of service at the school district and has been
reelected to at least a third year of service as of July 1, 2015, the
employee shall be granted permanent employee status.

(d) This section shall become operative on July 1, 2015.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 44929.23 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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 begin insert school end insert 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 begin insert of the school district end insert
thereafter shall classify as a permanent employee of the begin insert school end insert
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 begin insert school end insert 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 begin insert school end insert 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.

begin insert

(d) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 44929.23 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44929.23. end insert   

(a) The governing board of a school district or a
county office of education with an average daily attendance of less
than 250 pupils shall classify as a permanent employee of the
district any nonsupervisory, nonmanagement employee who, after
having been employed by the school district or county office of
education for three complete consecutive school years in a position
requiring certification qualifications, is reelected for the next
succeeding school year to a position requiring certification
qualifications.

(b) Notwithstanding subdivision (a), Section 44929.21 shall
apply to certificated employees employed by a school district or
county office of education if the governing board of the school
district or county office of education 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 school district or county office of education any
probationary employee who, after being employed for two complete
consecutive school years in a position requiring certification
qualifications, is reelected for the next succeeding school year to
a position requiring certification qualifications, as required by
Section 44929.21. A probationary employee who has been
employed by the school district or county office of education 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 school district or
county office of education.

(c) The following provisions apply to a certificated employee
subject to this section who is employed on July 1, 2015, at a school
district or county office of education with an average daily
attendance of less than 250 pupils:

(1) If the certificated employee has completed less than three
consecutive years of service, the employee shall complete his or
her probationary period and shall be granted permanent employee
status upon reelection to his or her fourth year of service, as
applicable pursuant to this section.

(2) If the certificated employee has completed at least three
consecutive years of service and has been reelected to at least a
fourth year of service, the employee shall be granted permanent
employee status, as applicable pursuant to this section.

(d) This section shall become operative on July 1, 2015.

end insert

begin delete

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 requiring certification qualifications and
whose salary is paid from the county school service fund, is
reelected for the next succeeding school year to 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 requiring certification
qualifications, of the decision to reelect or not reelect the employee
for the next succeeding school year to 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.

(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 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. 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. 4.  

Section 44929.23 of the Education Code is repealed.

SEC. 5.  

Section 44948 of the Education Code is repealed.

SEC. 6.  

Section 44948.2 of the Education Code is repealed.

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 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. 8.  

Section 44948.5 of the Education Code is repealed.

end delete