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AB-1231 Part-time adult school teachers: collective bargaining.(2009-2010)

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Amended  IN  Assembly  April 22, 2009
Amended  IN  Assembly  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 1231

Introduced  by  Assembly Member Portantino
 (Coauthor(s): Assembly Member Carter)

February 27, 2009

An act to add Section 44929.24 to the Education Code, relating to certificated school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 1231, as amended, Portantino. Part-time adult school teachers: collective bargaining.
Existing law classifies a person as a temporary employee if the person is employed to teach adults for not more than 60% of the hours per week considered a full-time assignment for permanent employees having comparable duties, and prohibits such an employee from becoming a probationary employee for purposes of gaining permanent status.
This bill would make the right of certain temporary employees serving as part-time adult school teachers, as defined, to earn and retain annual reappointment rights a mandatory subject of collective bargaining with respect to any new or successor contract between a school district and the exclusive bargaining representative of the certificated employees of that district on or after January 1, 2010.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) Part-time adult school teachers make essential contributions to California’s adult education system.
(2) Part-time adult school teachers, unlike tenured teachers, lack due process protection and may be dismissed at the will of their employers.
(3) Sudden dismissal of part-time adult school teachers employed at adult schools over a long time period can be detrimental not only to the affected employees, but also to adult students and prospective adult students in the service area.
(4) Because processing and orienting new teachers is a cost item for school districts, facilitating the reappointment of experienced teachers would constitute a cost savings for school districts.
(b) It is the intent of the Legislature in enacting this act to increase adult student success, improve academic quality, and ensure diversity and program integrity in California’s adult education system by fostering continuity of employment for part-time teachers who have taught for so many years at the same adult school.

SEC. 2.

 Section 44929.24 is added to the Education Code, to read:

44929.24.
 (a) Notwithstanding any other provision of law, the right of part-time adult school teachers to earn and retain annual reappointment rights shall be a mandatory subject of collective bargaining with respect to a new or successor contract between a school district and the exclusive bargaining representative of the certificated employees of that district on or after January 1, 2010.
(b) For purposes of this section, “part-time adult school teacher” means a person employed as a temporary employee pursuant to Section 44929.25 who teaches adults for at least 20 percent of the hours per week considered a full-time assignment for permanent employees having comparable duties and who has received satisfactory job performance reviews.