Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1184

Introduced by Assembly Member Campos

February 27, 2015

An act begin insert to amend Section 44929.21 of the Education Code, end insert relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 1184, as amended, Campos. School employees: San Jose Unified School District.

Existing law establishes a system of public elementary and secondary schools in this state pursuant to which school districts operate schools and employ certificated personnel to provide instruction to pupils. Existing law establishes procedures for the hiring of these employees, and authorizes school districts to negotiate, and enter into, collective bargaining agreements with entities representing employees. Existing law requires every employee of a school district with an average daily attendance of 250 or more to be classified as and become a permanent employee of the school district if the employee has been employed by the school district for 2 complete consecutive school years in a position requiring certification qualifications and is reelected for the next succeeding school year to a position requiring certification qualifications.

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This bill would express the Legislature’s intent to enact legislation that would facilitate implementation of an innovative teacher evaluation program that would provide for a 3rd year of probationary status for teachers in the San Jose School District, created in partnership through the negotiations process by the San Jose Unified School District and the San Jose Teachers Association.

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This bill, according to the terms of a collective bargaining agreement between the San Jose Unified School District and the San Jose Teachers Association, would specify when a probationary employee of the San Jose Unified School District whose probationary period commences during the 2015-16 fiscal year or any fiscal year thereafter becomes a permanent employee of the school district if the employee has been employed by the school district for one complete school year or 2 or 3 complete consecutive school years, as applicable, in a position requiring certification qualifications and the employee is reelected for the next succeeding school year to a position requiring certification qualifications.

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This bill would make a legislative finding and declaration as to the necessity of a special statute applicable to the San Jose Unified School District.

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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.  

(a)  begin delete It is the intent of the end delete begin insert The end insert Legislature begin delete to enact end delete
begin insert finds that enacting end insert legislation that begin delete would facilitate end delete begin insert facilitates end insert
implementation of an innovative teacher evaluation program
created in partnership through the negotiations process by the San
Jose Unified School District and the San Jose Teachers begin delete Association. end delete
begin insert Association is appropriate. end insert The Legislature recognizes that the
San Jose Unified School District’s and the San Jose Teachers
Association’s request for a minimal amount of flexibility in the
establishment of an employee’s right to permanent status is sound,
reasonable, and appropriate for the limited circumstances in which
it is sought; specifically, the unique and longstanding state of labor
relations between the leadership of the San Jose Unified School
District and the San Jose Teachers Association.

(b)  begin delete It is further the intent of the end delete begin insert The end insert Legislature begin delete to enact end delete begin insert finds
that enacting end insert legislation that begin delete would grant end delete begin insert grants end insert the jointly
negotiated and monitored evaluation program the opportunity to
provide for a third year of probationary status for teachers when
recommended by the contractually designated joint oversight begin delete panel. end delete
begin insert panel is appropriate. end insert The Legislature recognizes the parties’
negotiated contract language ensures that the option for a third
year of probation could only be considered in lieu of nonreelection
when it is in the best interest of fairness, transparency, and
outstanding education in the San Jose Unified School District.

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

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This subdivision shall apply only to probationary employees
whose probationary period commenced prior to the 1983-84 fiscal
year.

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(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.

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The

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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. begin delete In the event
that end delete begin insert If end insert 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.

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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.

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(c) (1) (A) Notwithstanding subdivision (b), every employee
of the San Jose Unified School District who, after having been
employed for a probationary period of one complete school year
in a position or positions requiring certification qualifications, is
reelected for the next succeeding school year to a position
requiring certification qualifications, may, at the discretion of the
San Jose Unified School District, at the commencement of the next
succeeding school year, be classified as and become a permanent
employee of the San Jose Unified School District.

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(B) Notwithstanding subdivision (b), every employee of the San
Jose Unified School District who, after having been employed for
a probationary period of 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, unless granted a
probationary period of three complete consecutive school years
in a position or positions requiring certification qualifications
pursuant to the terms of a collective bargaining agreement as set
forth in this subdivision, at the commencement of the next
succeeding school year, be classified as and become a permanent
employee of the San Jose Unified School District.

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(C) Notwithstanding subdivision (b), every employee of the San
Jose Unified School District who, after having been employed for
a probationary period of 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 next succeeding school year, be classified as and become a
permanent employee of the San Jose Unified School District.

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(2) Notwithstanding subdivision (b), the governing board of the
San Jose Unified School District shall notify the employee, for
employees with a two-year probationary period, on or before
March 15 of the employee’s second complete consecutive school
year, or for employees with a three-year probationary period,
between July 1 and March 15 of the employee’s third 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. If the governing board of
the school district does not give notice pursuant to this section on
or before March 15 of the applicable school year, the employee
shall be deemed reelected for the next succeeding school year.

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(3) Section 44948.3 shall not apply to a probationary employee
of the San Jose Unified School District with a three-year
probationary period during the employee’s third complete
consecutive school year.

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(4) This subdivision shall apply only to probationary employees
of the San Jose Unified School District whose probationary period
commenced during the 2015-16 fiscal year or any fiscal year
thereafter, according to the terms of a collective bargaining
agreement entered into pursuant to Chapter 10.7 (commencing
with Section 3540) of Division 4 of Title 1 of the Government Code
between the San Jose Unified School District and the San Jose
Teachers Association. In the absence of such a collective
bargaining agreement, subdivision (b) shall apply for employees
whose probationary period commenced during a fiscal year
following termination of such a collective bargaining agreement.

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begin insert SEC. 3. end insert   

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The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique labor relations situation in the
San Jose Unified School District stemming from the collective
bargaining agreement entered into between that district and the
San Jose Teachers Association in 2013. The enactment of Section
2 of this act as a special law applicable to the San Jose Unified
School District is therefore necessary.

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