California Legislature—2015–16 Regular Session

Assembly BillNo. 1248


Introduced by Assembly Member Chávez

(Coauthors: Assembly Members Achadjian, Travis Allen, Chang, Beth Gaines, Harper, Jones, Mayes, Melendez, Olsen, Patterson, Waldron, and Wilk)

February 27, 2015


An act to amend, repeal, and add Section 44929.21 of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1248, as introduced, Chávez. Teachers: permanent status.

Existing law requires a certificated probationary employee to become a permanent employee of a school district if his or her probationary period commenced during the 1983-84 fiscal year or any fiscal year thereafter, the school district has an average daily attendance of 250 pupils or more, the employee completes 2 consecutive school years, and the employee is reelected for the next succeeding school year to a position requiring certification.

This bill would make these provisions inoperative on July 1, 2018, and would repeal them as of January 1, 2019.

This bill would, after July 1, 2018, require a certificated probationary employee to become a permanent employee of a school district if the school district has an average daily attendance of 250 pupils or more, the employee completes 3 consecutive school years, received 3 consecutive evaluation ratings of effective or better, and is reelected for the next succeeding school year to a position requiring certification. The bill would require a certificated employee to lose permanent status if specified conditions occur. The bill would require school districts to offer a professional growth or remediation plan to certain certificated employees.

By requiring school districts to perform additional duties, this bill would impose a state-mandated local program.

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.

This bill would become operative only if AB ____ of the 2015-16 Regular Session is also enacted and takes effect on or before January 1, 2016.

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

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

P2    1

SECTION 1.  

Section 44929.21 of the Education Code is
2amended to read:

3

44929.21.  

(a) begin insert(1)end insertbegin insertend insert Every employee of a school district of any
4type or class having an average daily attendance of 250begin insert pupilsend insert or
5more who, after having been employed by thebegin insert schoolend insert district for
6three complete consecutive school years in a position or positions
7requiring certification qualifications, is reelected for the next
8succeeding school year to a position requiring certification
9qualifications shall, at the commencement of the succeeding school
10begin delete yearend deletebegin insert year,end insert be classifiedbegin delete asend deletebegin insert as,end insert andbegin delete becomeend deletebegin insert become,end insert a permanent
11employee of thebegin insert schoolend insert district.

begin delete

12 This

end delete

13begin insert(2)end insertbegin insertend insertbegin insertThisend insert subdivision shall apply only to probationary employees
14whose probationary period commencedbegin delete prior toend deletebegin insert beforeend insert the 1983-84
15fiscal year.

16(b) begin insert(1)end insertbegin insertend insert Every employee of a school district of any type or class
17having an average daily attendance of 250begin insert pupilsend insert or more who,
18after having been employed by thebegin insert schoolend insert district for two complete
19consecutive school years in a position or positions requiring
20certification qualifications, is reelected for the next succeeding
21school year to a position requiring certification qualifications shall,
P3    1at the commencement of the succeeding schoolbegin delete yearend deletebegin insert year,end insert be
2classifiedbegin delete asend deletebegin insert as,end insert andbegin delete becomeend deletebegin insert become,end insert a permanent employee of
3thebegin insert schoolend insert district.

begin delete

4 The

end delete

5begin insert(2)end insertbegin insertend insertbegin insertTheend insert governing boardbegin insert of the school districtend insert shall notify the
6employee, on or before March 15 of the employee’s second
7complete consecutive school year of employment by thebegin insert schoolend insert
8 district in a position or positions requiring certification
9qualifications, of the decision to reelect or not reelect the employee
10for the next succeeding school year to the position. begin deleteIn the event
11that end delete
begin insertIf end insertthe governing boardbegin insert of the school districtend insert does not give
12notice pursuant to this section on or before March 15, the employee
13shall be deemed reelected for the next succeeding school year.

begin delete

14 This

end delete

15begin insert(3)end insertbegin insertend insertbegin insertThisend insert subdivision shall apply only to probationary employees
16whose probationary period commenced during the 1983-84 fiscal
17year or any fiscal year thereafter.

begin insert

18(c) This section shall become inoperative on July 1, 2018, and,
19as of January 1, 2019, is repealed, unless a later enacted statute,
20that becomes operative on or before January 1, 2019, deletes or
21extends the dates on which it becomes inoperative and is repealed.

end insert
22

SEC. 2.  

Section 44929.21 is added to the Education Code, to
23read:

24

44929.21.  

(a) Every employee of a school district having an
25average daily attendance of 250 pupils or more who, after having
26been employed by the school district for three complete consecutive
27school years in a position or positions requiring certification
28qualifications, and received three consecutive evaluation ratings
29of effective or better, based upon the evaluation criteria established
30by the state board pursuant to Section 33039, as amended by
31Assembly Bill ____ of the 2015-16 Regular Session, is reelected
32for the next succeeding school year to a position requiring
33certification qualifications shall, at the commencement of the
34succeeding school year, be classified as, and become, a permanent
35employee of the school district.

36(b) A certificated employee shall lose permanent status if he or
37she receives two consecutive evaluation ratings of ineffective.

38(c) A certificated employee shall lose permanent status if he or
39she receives four consecutive evaluation ratings of minimally
40effective or a combination of minimally effective and ineffective.

P4    1(d) The school district shall offer a professional growth or
2remediation plan to a certificated employee who has received an
3 evaluation rating of ineffective or has received two consecutive
4evaluation ratings of minimally effective.

5(e) This section shall become operative on July 1, 2018.

6

SEC. 3.  

If the Commission on State Mandates determines that
7this act contains costs mandated by the state, reimbursement to
8local agencies and school districts for those costs shall be made
9pursuant to Part 7 (commencing with Section 17500) of Division
104 of Title 2 of the Government Code.

11

SEC. 4.  

This act shall become operative only if Assembly Bill
12____ of the 2015-16 Regular Session is also enacted and takes
13effect on or before January 1, 2016.



O

    99