AB 1248, as amended, 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 ABbegin delete ____end deletebegin insert 1078end insert 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:
Section 44929.21 of the Education Code is
2amended to read:
(a) (1) Every employee of a school district of any
4type or class having an average daily attendance of 250 pupils or
5more who, after having been employed by the school 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
10year, be classified as, and become, a permanent employee of the
11school district.
12(2) This subdivision shall apply only to probationary employees
13whose probationary period commenced before the 1983-84 fiscal
14year.
15(b) (1) Every employee of a school district of any type or class
16having an average daily attendance of 250 pupils or more who,
17after having been employed by the school district for two complete
18consecutive school years in a position or positions requiring
19certification qualifications, is reelected for the next succeeding
20school year to a position requiring certification qualifications shall,
P3 1at the commencement of the succeeding school year, be classified
2as, and become, a permanent employee of the school district.
3(2) The governing board of the school district shall notify the
4employee, on or before March 15 of the employee’s second
5complete consecutive school year of employment by the school
6district in a position or positions requiring certification
7qualifications, of the decision to reelect or not reelect the employee
8for the next succeeding school year to the position. If the governing
9board of the school
district does not give notice pursuant to this
10section on or before March 15, the employee shall be deemed
11reelected for the next succeeding school year.
12(3) This subdivision shall apply only to probationary employees
13whose probationary period commenced during the 1983-84 fiscal
14year or any fiscal year thereafter.
15(c) This section shall become inoperative on July 1, 2018, and,
16as of January 1, 2019, is repealed, unless a later enacted statute,
17that becomes operative on or before January 1, 2019, deletes or
18extends the dates on which it becomes inoperative and is repealed.
Section 44929.21 is added to the Education Code, to
20read:
(a) Every employee of a school district having an
22average daily attendance of 250 pupils or more who, after having
23been employed by the school district for three complete consecutive
24school years in a position or positions requiring certification
25qualifications, and received three consecutive evaluation ratings
26of effective or better, based upon the evaluation criteria established
27by the state board pursuant to Section 33039, as amended by
28Assembly Billbegin delete ____end deletebegin insert 1078end insert of the 2015-16 Regular Session, is
29reelected for the next succeeding school year to a position requiring
30certification qualifications shall, at the
commencement of the
31succeeding school year, be classified as, and become, a permanent
32employee of the school district.
33(b) A certificated employee shall lose permanent status if he or
34she receives two consecutive evaluation ratings of ineffective.
35(c) A certificated employee shall lose permanent status if he or
36she receives four consecutive evaluation ratings of minimally
37effective or a combination of minimally effective and ineffective.
38(d) The school district shall offer a professional growth or
39remediation plan to a certificated employee who has received an
P4 1evaluation rating of ineffective or has received two consecutive
2evaluation ratings of minimally effective.
3(e) This section shall become operative on July 1, 2018.
If the Commission on State Mandates determines that
5this act contains costs mandated by the state, reimbursement to
6local agencies and school districts for those costs shall be made
7pursuant to Part 7 (commencing with Section 17500) of Division
84 of Title 2 of the Government Code.
This act shall become operative only if Assembly Bill
10begin delete ____end deletebegin insert 1078end insert of the 2015-16 Regular Session is also enacted and
11takes effect on or before January 1, 2016.
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