Today's Law As Amended


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AB-1284 Certificated school employees: permanent status.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 1296 of the Education Code is amended to read:

1296.

(a)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for three complete consecutive school years by the superintendent 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 position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools.

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)
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 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.
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) If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for two complete consecutive school years by the superintendent 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 position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools.
(2)  The county superintendent of schools shall notify the employee, on or before March 15 of the 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  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.
Such (3)   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,  44842, 44929.21, 44929.24, 44929.28,  44948.3, and 44948.5 are applicable  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 five complete consecutive school years as a probationary employee.
(2) (A) The county superintendent of schools shall give notice to the employee, on or before March 15 of the employee’s preceding 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 offer of an additional complete consecutive school year as a probationary employee.
(B) If the county superintendent of schools does not give notice on or before March 15, the employee shall be deemed reelected for the next succeeding school year and, at the commencement of the succeeding school year, be classified as and become a permanent employee of the county superintendent of schools.
(3) An employee who has not already attained classification as a permanent employee of the county superintendent of schools at the conclusion of five complete consecutive school years 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 shall not be classified as a permanent employee of the county superintendent of schools.
(4) 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, 44929.24, 44929.28, 44948.3, and 44948.5 apply to these employees.
This (c)   subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter.  The county superintendent of schools shall give priority in the allocation of existing professional development funding to a probationary employee in the employee’s fourth or fifth 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, 2022, 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)Every employee 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 three 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, at the commencement of the succeeding school year be classified as and become a permanent employee of the district.

This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year.

(b)
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 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.
This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year.
(b) Every employee 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 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, at the commencement of the succeeding school year be classified as and become a permanent employee of the district.
(2)  The governing board of the school district  shall notify the employee, on or before March 15 of the 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  this type of position. 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.
(b) (1) 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 five complete consecutive school years as a probationary employee.
(2) (A) The governing board of a school district shall give notice to the employee, on or before March 15 of the employee’s preceding complete consecutive school year of employment by the school district in a position or positions requiring certification qualifications, of the offer of an additional complete consecutive school year as a probationary employee.
(B) If the governing board of a school district does not give notice on or before March 15, the employee shall be deemed reelected for the next succeeding school year and, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(3) An employee who has not already attained classification as a permanent employee of the school district at the conclusion of five complete consecutive school years of employment by the school district in a position or positions requiring certification qualifications shall not be classified as a permanent employee of the school district.
(c) The governing board of a school district shall give priority in the allocation of existing professional development funding to a probationary employee in the employee’s fourth or fifth 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, 2022, 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. 3.

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

44929.24.
 (a) Before an employee of a school district in a position or positions requiring certification qualifications is classified as a permanent employee of the school district pursuant to Section 44929.21, the governing board of the school district shall determine that the employee has demonstrated two complete consecutive school years of effective teaching pursuant to this section. The two complete consecutive school years of effective teaching shall occur in the employee’s most recent two years of probationary employment by the school district in a position or positions requiring certification qualifications.
(b) (1) The governing board of a school district shall adopt rules and regulations for determining whether a probationary employee of the school district has demonstrated effective teaching. An evaluation of a probationary employee’s teaching effectiveness shall include the progress of pupils toward standards of expected pupil achievement at each grade level in each area of study, as described in Section 44662.
(2) An evaluation of a probationary employee who has not attained classification as a permanent employee of the school district after having been employed by the school district for three complete consecutive school years shall be conducted by multiple trained observers to ensure fairness to the probationary employee under evaluation.
(c) To the extent that this section conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2022, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, this section shall not apply until the expiration or renewal of that collective bargaining agreement.

SEC. 4.

 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 third, fourth, or fifth 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 board.  governing board of the school district.  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.
SEC. 5.
 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.