California Legislature—2015–16 Regular Session

Assembly Bill No. 753

Introduced by Assembly Member Medina

February 25, 2015

An act to amend, repeal, and add Sections 1296, 44929.21, and 44929.23 of the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 753, as introduced, Medina. Certificated school employees.

(1) Existing law, for a county superintendent of schools having an average daily attendance of 250 or more, requires an employee in a teaching position requiring certification qualifications to become a permanent employee of the county superintendent of schools if the employee is employed for 3 complete consecutive school years if his or her probationary period commenced prior to the 1983-84 fiscal year or for 2 complete consecutive school years if his or her probationary period commenced during the 1983-84 fiscal year or any fiscal year thereafter, and is reelected for the next succeeding school year to a teaching position requiring certification qualifications.

This bill, on and after July 1, 2016, would instead require, for a county superintendent of schools having an average daily attendance of 250 pupils or more, an employee in a nonsupervisory, nonmanagement position requiring certification qualifications to become a permanent employee of the county superintendent of schools if the employee is employed for 2 complete consecutive school years and is reelected for the next succeeding school year to a position requiring certification qualifications. The bill would specify that, unless otherwise provided, the provisions relating to probation, the attainment of permanent status, and dismissal that are otherwise applicable to employees of school districts apply to employees of county offices of education, as specified. To the extent that these provisions would place additional requirements on county offices of education, they would impose a state-mandated local program.

(2) Existing law, for a school district having an average daily attendance of 250 or more, requires an employee in a position requiring certification qualifications to become a permanent employee of the school district if the employee is employed for 3 complete consecutive school years if his or her probationary period commenced prior to the 1983-84 fiscal year or for 2 complete consecutive school years if his or her probationary period commenced during the 1983-84 fiscal year or any fiscal year thereafter, and is reelected for the next succeeding school year to a position requiring certification qualifications.

This bill, on and after July 1, 2016, would instead require, for a school district having an average daily attendance of 250 pupils or more, an employee in a nonsupervisory, nonmanagement position requiring certification qualifications to become a permanent employee of the school district if the employee is employed for 2 complete consecutive school years and is reelected for the next succeeding school year to a position requiring certification qualifications. To the extent that this provision would place additional requirements on school districts, it would impose a state-mandated local program.

(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 an employee employed in a position requiring certification qualifications as a permanent employee if he or she completes 3 complete consecutive school years of employment and is reelected for the next succeeding school year to a position requiring certification qualifications.

This bill, on and after July 1, 2016, would make those provisions applicable only to nonsupervisory, nonmanagement employees in positions requiring certification qualifications. The bill, on and after July 1, 2016, would make those provisions applicable to nonsupervisory, nonmanagement employees in positions requiring certification qualifications 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. To the extent that these provisions would place additional requirements on school districts and county offices of education, they impose a state-mandated local program.

(4) 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.

(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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)  begin insert (1) end insert begin insert   end insert If the average daily attendance of the schools
and classes maintained by a county superintendent of schools is
250 begin insert pupils end insert or more, each person who, after being employed for
three complete consecutive school years by the begin insert county end insert
superintendent begin insert of schools end insert 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.

begin delete

Such an employee

end delete

begin insert (2) end insert begin insert   end insert begin insert An employee described in paragraph (1) end insert shall have the same
rights and duties as employees of school districts to which Section
begin delete 44882 end delete begin insert 44929.21 end insert applies. Sections begin delete 44841, end delete 44842, begin delete 44882, end delete begin insert 44929.21, end insert
44948.3, and 44948.5 begin delete are applicable end delete begin insert apply end insert to these employees.

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 begin delete prior to end delete begin insert before end insert the 1983-84
fiscal year.

(b)  begin insert (1) end insert begin insert   end insert If the average daily attendance of the schools and classes
maintained by a county superintendent of schools is 250 begin insert pupils end insert or
more, each person who, after being employed for two complete
consecutive school years by the begin insert county end insert superintendent begin insert of schools end insert
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.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert 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 teaching position in schools or
classes maintained by the begin insert county end insert superintendent begin insert of schools end insert
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. begin delete In the event that end delete begin insert If end insert 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.

begin delete

Such an

end delete

begin insert (3) end insert begin insert   end insert begin insert An end insert employee begin insert described in paragraph (1) end insert shall have the same
rights and duties as employees of school districts to which Section
begin delete 44882 end delete begin insert 44929.21 end insert applies. Sections begin delete 44841, end delete 44842, begin delete 44882, end delete begin insert 44929.21, end insert
44948.3, and 44948.5 begin delete are applicable end delete begin insert apply end insert to these employees.

begin delete

This

end delete

begin insert (4) 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.

(c) As used in this section, “teaching position” means begin delete any end delete begin insert a end insert
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, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 2.  

Section 1296 is added to the Education Code, to read:

1296.  

(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 a position requiring certification qualifications, 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, 2016:

(1) If the certificated employee has less than two consecutive
years of service at the county office of education as of July 1, 2016,
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, 2016, 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, 2016.

SEC. 3.  

Section 44929.21 of the Education Code is amended
to read:

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 begin insert pupils end insert 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 begin insert next end insert succeeding
school begin delete year end delete begin insert year, end insert 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 begin delete prior to end delete begin insert before end insert 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 begin insert pupils end insert 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 begin insert next end insert succeeding school begin delete year end delete begin insert year, 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, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 4.  

Section 44929.21 is added to the Education Code, to
read:

44929.21.  

(a) An employee of a school district with an average
daily attendance of 250 pupils or more, 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 next 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, 2016:

(1) If the certificated employee has completed less than two
consecutive years of service at the school district as of July 1,
2016, 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, 2016, the
employee shall be granted permanent employee status.

(d) This section shall become operative on July 1, 2016.

SEC. 5.  

Section 44929.23 of the Education Code is amended
to read:

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
begin delete any end delete begin insert an end insert 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 begin delete any end delete begin insert a end insert 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. begin delete Any end delete begin insert A end insert 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, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 6.  

Section 44929.23 is added to the Education Code, to
read:

44929.23.  

(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 a 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 of the school district or county office of
education thereafter shall classify as a permanent employee of the
school district or county office of education a 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, 2016, 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, 2016.

SEC. 7.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.