Today's Law As Amended

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AB-1220 Certificated school employees: permanent status.(2017-2018)



SECTION 1.

 Section 1296 of the Education Code is amended to read:

1296.
 (a) (1)  If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils  or more, each person who, after being employed for three two  complete consecutive school years by the county  superintendent of schools  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  this type of  position in those schools or classes, shall classes may  be classified as and become a permanent employee of the county superintendent of schools. schools, unless the county superintendent of schools offers that employee a third complete consecutive school year of employment as a probationary employee pursuant to paragraph (2). 
Such an employee shall have the same rights and duties as employees of school districts to which Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to these employees.
This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year.
(b) (2)  If the average daily attendance of the schools and classes maintained by a  The  county superintendent of schools is 250 or more, each person who, after being employed for two  shall notify the employee, on or before March 15 of the employee’s second  complete consecutive school years  year of employment  by the county  superintendent of schools  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  maintained by the county superintendent of schools requiring certification qualifications, of the decision to reelect or not reelect the employee  for the next succeeding school year to such a  this type of  position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools. schools, or of the decision to offer a third complete consecutive school year of employment as a probationary employee. 
(3)  The county superintendent of schools shall notify the  a probationary employee offered a third complete consecutive school year of employment as a probationary  employee, on or before March 15 of the probationary  employee’s second third  complete consecutive school  year of employment by the county  superintendent of schools  in a teaching position in schools or classes maintained by the county  superintendent of schools  requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a  this type of  position in those schools. In the event that the county superintendent 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. 
(4) 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 as a permanent employee.
(5) An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44929.21 applies. Sections 44842, 44929.21, 44948.3, and 44948.5 apply to these employees.
(b) (1) The county superintendent of schools may offer an employee of the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications to continue for up to three complete consecutive school years as a probationary employee.
Such (2)   an employee  An employee described in paragraph (1)  shall have the same rights and duties as employees of school districts to which Section 44882 44929.21  applies. Sections 44841,  44842, 44882, 44929.21,  44948.3, and 44948.5 are applicable  apply  to these employees.
(c) If the county superintendent of schools decides to offer a third complete consecutive school year of probationary employment pursuant to this section, the county superintendent of schools shall do all of the following:
This (1)   subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter.  Develop an individualized improvement plan to assist in addressing the deficiencies identified in the probationary employee’s evaluation. The individualized improvement plan shall be developed in partnership with the probationary employee and his or her evaluator. 
(2) Provide the probationary employee with copies of all prior evaluations before the individualized improvement plan meeting.
(3) Provide individualized professional development consistent with the individualized improvement plan, and prioritize the allocation of existing professional development funding, to support a probationary employee in his or her third complete consecutive school year of employment by the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications.
(d) To the extent that this section as amended by the act adding this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2018, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by the act adding this subdivision shall not apply until the expiration or renewal of that collective bargaining agreement.
(c) (e)  As used in this section, “teaching position” means any 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.

SEC. 2.

 Section 44929.21 of the Education Code is amended to read:

44929.21.
 (a) (1)  Every employee of a school district of any type or class having an average daily attendance of 250 pupils  or more who, after having been employed by the school  district for three 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, may,  at the commencement of the succeeding school year year,  be classified as and become a permanent employee of the district. school district, unless the governing board of the school district offers that employee a third complete consecutive school year of employment as a probationary employee pursuant to paragraph (2). 
This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year.
(b) (2)  Every employee  The governing board  of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the district for two  shall notify the employee, on or before March 15 of the employee’s second  complete consecutive school years  year of employment by the school district  in a position or positions requiring certification qualifications, is reelected  of the decision to reelect or not reelect the employee  for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year be classified as and become a permanent employee of the district. this type of position, or of the decision to offer a third complete consecutive school year of employment as a probationary employee. 
(3)  The governing board shall notify the  of a school district shall notify a probationary employee offered a third complete consecutive school year of employment as a probationary  employee, on or before March 15 of the probationary  employee’s second 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. In the event that the governing board 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. this type of position. 
(4) If the governing board 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 as a permanent employee.
(b) The governing board of a school district may offer an employee of the school district in a position or positions requiring certification qualifications to continue for up to three complete consecutive school years as a probationary employee.
(c) If the governing board of a school district decides to offer a third complete consecutive school year of probationary employment pursuant to this section, the governing board of the school district shall do all of the following:
(1) Develop an individualized improvement plan to assist in addressing the deficiencies identified in the probationary employee’s evaluation. The individualized improvement plan shall be developed in partnership with the probationary employee and his or her evaluator.
(2) Provide the probationary employee with copies of all prior evaluations before the individualized improvement plan meeting.
(3) Provide individualized professional development consistent with the individualized improvement plan, and prioritize the allocation of existing professional development funding, to support a probationary employee in his or her third complete consecutive school year of employment by the school district in a position or positions requiring certification qualifications.
This (d)   subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter. To the extent that this section as amended by the act adding this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2018, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by the act adding this subdivision shall not apply until the expiration or renewal of that collective bargaining agreement. 

SEC. 4.SEC. 3.

 Section 44948.3 of the Education Code is amended to read:

44948.3.
 (a) First and second year probationary employees A probationary employee  may be dismissed during the school year for unsatisfactory performance determined pursuant to Article 11 (commencing with Section 44660) of Chapter 3, or for cause pursuant to Section 44932. Any dismissal pursuant to this section shall be in accordance with all of the following procedures:
(1) The superintendent of the school district or the superintendent’s designee shall give 30 days’ prior written notice of dismissal, not later than March 15 in the case of second year probationary employees. a probationary employee in the second or third complete consecutive school year of probationary employment.  The notice shall include a statement of the reasons for the dismissal and notice of the opportunity to appeal. In the event of a dismissal for unsatisfactory performance, a copy of the evaluation conducted pursuant to Section 44664 shall accompany the written notice.
(2) The probationary  employee shall have 15 days from receipt of the notice of dismissal to submit to the governing board of the school district  a written request for a hearing. The governing board of the school district  may establish procedures for the appointment of an administrative law judge to conduct the hearing and submit a recommended decision to the governing  board. The failure of an  a probationary  employee to request a hearing within 15 days from receipt of a dismissal notice shall constitute a waiver of the right to a hearing.
(b) The governing board,  board of the school district,  pursuant to this section, may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal.
(c) This section applies only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter, and does not apply to probationary employees in a school district having an average daily attendance of less than 250 pupils.