BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1619
AUTHOR: Gonzalez
AMENDED: April 8, 2014
FISCAL COMM: No HEARING DATE: June 18, 2014
URGENCY: No CONSULTANT:Lenin Del Castillo
SUBJECT : Permanent school employees.
SUMMARY
This bill would allow certain educators and employees in
small school districts, county offices of education, and
regional occupational centers or programs (ROC/Ps) to
attain permanent employment under specified conditions.
BACKGROUND
Current law specifies that if the average daily attendance
(ADA) 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 superintendent in a teaching position in those
schools or classes requiring certification and whose
probationary period commenced prior to the 1983-84 fiscal
year, is reelected for the next succeeding school year,
shall be classified as a permanent employee. (Education
Code § 1296)
Current law provides that that service by a person as an
instructor in classes conducted at an ROC/Ps 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. (Education Code § 44910)
Current law requires that every employee of a school
district of any type or class having an ADA of 250 or more
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
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requiring certification qualifications shall, at the
commencement of the succeeding school year be classified as
and become a permanent employee of the district. (Education
Code § 44929.21)
Current law provides that 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 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. (Education Code §
44929.23)
Current law requires governing boards of school districts
to dismiss probationary employees during the school year
for cause only, as in the case of permanent employees whose
probationary period commenced prior to the 1983-84 fiscal
year or who are employed in a school district having an
average daily attendance of less than 250 pupils.
Authorizes the governing board to suspend a probationary
employee for a specified period of time without pay as an
alternative to dismissal for employees whose probationary
period commenced prior to the 1983-84 fiscal year.
(Education Code § 44948)
Current law provides that the governing board of any school
district having an average daily attendance of less than
250 may elect to dismiss probationary employees during the
school year pursuant to the provisions of Section 44948.3.
(Education Code § 44948.2)
Current law authorizes first and second year probationary
employees to be dismissed during the school year for
unsatisfactory performance, or for cause and specifies that
this applies only to probationary employees whose
probationary period commenced during the 1983-84 fiscal
year or any fiscal year thereafter, and does not apply to
probationary employees in a school district having an
average daily attendance of less than 250 pupils.
(Education Code § 44948.3)
Specifies that a person employed in an administrative or
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supervisory position requiring certification qualifications
upon completing a probationary period, including any time
served as a classroom teacher, in the same district, shall,
in a district having an ADA of 250 or more pupils, be
classified as and become a permanent employee as a
classroom teacher. In a district having an ADA of less than
250 pupils, he or she may be so classified. (Education Code
§ 44897)
ANALYSIS
This bill makes numerous changes, as of July 1, 2015,
regarding which credentialed employees can attain permanent
employment status and also deletes provisions in current
law that apply to employees in their probationary year
prior to 1983-84, as specified. Specifically, this bill :
1) Deletes the requirement in current law for a county
office of education with an average daily attendance
(ADA) of 250 or more to award permanent status to each
person who, after being employed for two complete
consecutive school years in a teaching position
requiring certification, is reelected for the next
succeeding school year and whose probationary period
commenced prior to the 1983-84 fiscal year; and
instead requires all county office of education
employees in a nonsupervisory, nonmanagement position
requiring certification to receive permanent status if
they are reelected for a third year, as specified.
2) Deletes the prohibition on including service as an
instructor, conducted at regional occupational centers
or programs (ROC/Ps) , towards the service required to
attain permanent employee status; and instead requires
service as an instructor at an ROC/P to be included in
computing the service requirement to attain permanent
employee status at a school district, as specified.
3) Deletes the requirement in current law for a school
district with ADA of 250 or more to award permanent
status to each employee that, after being employed for
three complete consecutive years in a position
requiring certification qualifications, is reelected
for the next succeeding school year and whose
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probationary period commenced prior to the 1983-84
fiscal year; and instead requires an employee of a
school district with ADA of 250 or more pupils, after
having been employed for two complete consecutive
school years in a nonsupervisory, nonmanagement
position requiring certification qualifications, to be
classified as a permanent employee if he or she is
reelected for the succeeding school year, as
specified.
4) Deletes the requirement in current law for a school
district with ADA of less than 250 to award permanent
status to any employee who, after having been employed
for three complete consecutive school years in a
position requiring certification qualifications, is
reelected for the next succeeding school year; and
instead requires any nonsupervisory or nonmanagement
employee of a school district with ADA of 250 or less,
who is employed by the school district for three
consecutive years and is reelected to a fourth year of
employment in a position requiring certification, to
be classified as a permanent employee of the school
district, as specified.
STAFF COMMENTS
1) Need for the bill . According to the author's office,
"under current law permanent employees can only be
terminated for just-cause or as part of a layoff.
However, some school employees in the state have been
inappropriately denied permanent status which prevents
them from going through the proper dismissal
procedures. The law prohibits teachers at regional
occupational centers or programs (ROC/Ps) from being
classified as a permanent employee of a school
district, regardless of the amount of time they work.
Existing law distinguishes school districts with an
average daily attendance of less than 250 students by
utilizing different criteria when determining an
employee's classification status, which has prevented
many employees from receiving permanent status. For
county office of education, only certificated
employees in teaching positions may be eligible for
permanent status, leaving other certificated employees
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without the ability to receive proper classification.
AB 1619 will ensure that deserving educators and
school employees in all school districts and county
offices of education have an opportunity to permanent
employment status."
2) Permanent employee protections : In employee dismissal
proceedings, permanent employees may request an appeal
hearing before a Commission on Professional Competence
to decide whether their dismissal was appropriate. A
permanent employee may also request a hearing in
response to a reduction in force, e.g., a layoff due
to budget cuts.
3) Arguments in support : The California Teachers
Association and the California School Employees
Association, sponsors of the bill, indicate that
"several classes of certificated education employees
have been inappropriately denied permanent status
based on the need to create fiscal solvency or in
anticipation that the need for services into the
future was insecure." They further argue that
"permanent status guarantees due process and impartial
consideration of the facts for dismissing certificated
employees when disagreement exists. Without these
protections, the door opens to discrimination,
favoritism, and retaliation for participation in
unions or advocating for students."
4) Arguments in opposition : Opponents of the bill argue
that current law regarding small school districts
(less than 250 ADA) allows for flexibility to address
the changing needs of a student population that
creates unique staffing changes. Specifically, the
Small School Districts' Association indicate that the
"Legislature has recognized that districts/county
offices of education of less than 250 ADA need
flexibility to appropriately address the needs of
their students within their limited capacity and
resources."
5) Local Control Funding Formula . The 2013-14 Budget Act
restructured the existing K-12 finance system and
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eliminated over 40 existing programs while
implementing a new formula known as the Local Control
Funding Formula (LCFF). The LCFF consolidates the
vast majority of state categorical programs and
revenue limit apportionments into a single source of
funding. In addition, the statutory and programmatic
requirements for these programs were eliminated-the
programs would be deemed "discretionary" and programs
in any of these areas would be dependent on local
district discretion.
The newly implemented LCFF rolls funding for Regional
occupational centers or programs (ROC/Ps) into the new
formula. However, for the 2013-14 and 2014-15 fiscal
years only, current law requires school districts and
county superintendents, including joint powers
agencies, who spent funds for ROCPs in 2012-13 to
expend no less funding for those programs. The bill
requires service as an ROC/P teacher to count towards
attaining permanent employee status. Therefore, if
this bill is enacted and becomes effective July 1,
2015, existing ROC/P teachers that meet the bill's
criteria could attain permanent employment status.
Meanwhile, the maintenance of effort requirement for
ROC/Ps would end on June 30, 2015, at which time local
funds provided for ROC/Ps would be entirely optional.
It is unclear to what extent school districts, county
offices of education, and joint powers authorities
will continue to fund ROC/Ps after the 2014-15 fiscal
year. Due to this uncertainty, staff recommends
moving the operative date for the provisions
pertaining to the permanent status of ROC/P teachers
to July 1, 2016. Additionally, staff recommends
amendments changing the number of years of experience
with regards to reelection and permanent status from
two years to three years and from three years to four
years, respectively, for ROC/P teachers.
SUPPORT
American Federation of State, County and Municipal
Employees
California Federation of Teachers
California Labor Federation
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California School Employees Association (co-sponsor)
California Teachers Association (co-sponsor)
OPPOSITION
Association of California School Administrators
California Association of Regional Occupational Centers and
Programs
California School Boards Association
Napa County of Education
Riverside County Superintendent of Schools
Small School Districts' Association