BILL NUMBER: AB 2323	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 24, 2012

   An act to amend Section 35036 of the Education Code, relating to
teachers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2323, as introduced, Perea. Teachers: voluntary transfers.
   Existing law prohibits the governing board of a school district
from adopting a policy or regulation, or entering into a collective
bargaining agreement, that assigns, after April 15 of the school year
prior to the school year in which the transfer would become
effective, priority to a teacher who requests to be transferred to
another school over other qualified applicants who have applied for
positions requiring certification qualifications at that school.
   This bill would make a nonsubstantive change to that provision.
   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.  Section 35036 of the Education Code is amended to read:

   35036.  (a) Notwithstanding subdivision (d) of Section 35035, the
superintendent of a school district may not transfer a teacher who
requests to be transferred to a school offering kindergarten or any
of grades 1 to 12, inclusive, that is ranked in deciles 1 to 3,
inclusive, on the Academic Performance Index if the principal of the
school refuses to accept the transfer.
   (b) The governing board of a school district may not adopt a
policy or regulation, or enter into a collective bargaining
agreement, that assigns, after April 15 of the school year 
prior to   before  the school year in which the
transfer would become effective, priority to a teacher who requests
to be transferred to another school over other qualified applicants
who have applied for positions requiring certification qualification
at the school.
   (c) The prohibitions in this section shall become operative on
January 1, 2007. If the prohibitions in this section are in direct
conflict with the terms of a collective bargaining agreement in
effect on January 1, 2007, the prohibitions of this section shall
become operative on the employees governed by that agreement upon its
expiration.