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AB-388 Certificated school employees: probationary employees. (2021-2022)

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Date Published: 03/16/2021 09:00 PM
AB388:v98#DOCUMENT

Revised  May 20, 2021
Amended  IN  Assembly  March 16, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 388


Introduced by Assembly Member Medina
(Coauthor: Assembly Member Lorena Gonzalez)

February 02, 2021


An act to amend Sections 1296, 44908, 44909, 44929.21, and 44948.3 of, and to repeal Sections 44910, 44929.23, 44948, 44948.2, and 44948.5 of, the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 388, as amended, Medina. Certificated school employees: probationary employees.
(1) Existing law requires a certificated employee of a school district or a county superintendent of schools with an average daily attendance of 250 pupils or more, who completes 2 consecutive school years and is reelected for the next succeeding school year to a position requiring certification, to become and be classified as a permanent employee of the school district or county superintendent of schools. Existing law authorizes the governing board of a school district having an average daily attendance of less than 250 pupils to classify as a permanent employee of the district any employee who, after having been employed by the school district for 3 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. If that classification is not made, existing law prohibits the employee from attaining permanent status and authorizes the employee to be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made.
This bill would require a certificated employee of a school district or a county superintendent of schools, regardless of the average daily attendance of the school district or county superintendent of schools, who completes 2 consecutive school years and is so reelected to become and be classified as a permanent employee.
(2) Existing law requires a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the school district in which the employee is employed are maintained to be deemed to have served a complete school year. Existing law also requires a probationary employee of an evening school who, in any one school year, has served for at least 75% of the number of days the evening schools of the school district in which the employee is employed are in session to be deemed to have served a complete school year.
This bill would require a probationary employee employed in an assignment that is less than full time and who, in any one school year, has served for at least 75% of the number of days required of the assignment in which the employee is employed to be deemed to have served a complete school year. The bill also would require a probationary employee of an adult education program to be deemed to have served a complete school year if the employee serves for at least 75% of the hours constituting a full-time equivalent position for adult education programs in the school district.
The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before January 1, 2022, by a public school employer and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement.
(3) Existing law authorizes the governing board of a school district to employ certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects that are not required by federal or state law. Existing law prohibits service pursuant to that authorization from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless the person served at least 75% of the number of days the regular schools of the school district are maintained, and the person is subsequently employed as a probationary employee in a position requiring certification qualifications.
This bill would specify that these provisions do not apply to a teacher of classes for adults.

(3)

(4) Existing law authorizes the establishment of regional occupational centers or programs to provide career technical education and technical training to pupils. Existing law requires instruction in those centers or programs to only be given by a qualified teacher holding a certificate, as provided, but prohibits service by a person as an instructor in classes conducted at regional occupational centers or programs from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district.
This bill would repeal that prohibition on the service by a person as an instructor in classes conducted at regional occupational centers or programs from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of a school district.

(4)

(5) Existing law authorizes the dismissal of first- and 2nd-year probationary employees of a school district during the school year for unsatisfactory performance or for cause, pursuant to specified procedures. Existing law specifies that those provisions do not apply to probationary employees in a school district having an average daily attendance of less than 250 pupils. Existing law prohibits the governing board of a school district with an average daily attendance of less than 250 pupils from dismissing probationary employees during the school year, except for cause, pursuant to separate procedures. However, existing law authorizes the governing board of a school district having an average daily attendance of less than 250 pupils to elect to dismiss probationary employees pursuant to the procedures applicable to probationary employees of a school district having an average daily attendance of 250 or more pupils.
This bill would delete the procedures specific to probationary employees of a school district with an average daily attendance of less than 250 pupils, thereby subjecting all probationary employees, regardless of the average daily attendance of the school district, to the same dismissal procedures. The bill would also delete obsolete references, update references, and make conforming and nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1296 of the Education Code is amended to read:

1296.
 (a) (1) A person who, after being employed for two complete consecutive school years by a 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 this type of 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 complete consecutive year of employment by the superintendent 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 this type of position in those schools. 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.
(3) An employee described in this subdivision, shall have the same rights and duties as employees of school districts to which Section 44929.21 applies. Sections 44842, 44929.21, and 44948.3 apply to these employees.
(b) 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 44908 of the Education Code is amended to read:

44908.
 (a) A probationary employee who, in any one school year, has served for at least 75 percent of the number of days the regular schools of the school district in which the employee is employed are maintained shall be deemed to have served a complete school year. In the case of a probationary employee employed in an assignment that is less than full time and who, in any one school year, has served for at least 75 percent of the number of days required of the assignment in which the employee is employed, the employee shall be deemed to have served a complete school year. In the case of adult education programs that are part of a school district maintaining kindergarten or any grades 1 to 12, inclusive, 75 percent of the number of hours constituting a full-time equivalent position for adult education programs in the school district, as described in paragraph (3) of subdivision (b) of Section 22138.5, shall be deemed a complete school year.
(b) To the extent that this section, as amended by Assembly Bill ____ 388 of the 2021–22 Regular Session, 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 Assembly Bill ____ 388 of the 2021–22 Regular Session shall not apply to the school district until expiration or renewal of that collective bargaining agreement.

SEC. 3.

 Section 44909 of the Education Code is amended to read:

44909.
 (a) The governing board of any a school district may employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects which that are not required by federal or state statutes. The terms and conditions under which such persons are employed shall be mutually agreed upon by the employee and the governing board of the school district and such the agreement shall be reduced to writing. Service pursuant to this section shall not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless (1) such the person has served pursuant to this section for at least 75 percent of the number of days the regular schools of the school district by which he the person is employed are maintained maintained, and (2) such the person is subsequently employed as a probationary employee in a position requiring certification qualifications. Such persons may be employed for periods which that are less than a full school year and may be terminated at the expiration of the contract or specially funded project without regard to other requirements of this code respecting the termination of probationary or permanent employees other than Section 44918.
(b) Whenever any a certificated employee in the regular educational program is assigned to a categorically funded project not required by federal or state statute and the school district employs an additional credentialed person to replace that certificated employee, the replacement certificated employee shall be subject to the provisions of Section 44918.
(c) This section shall not be construed to does not apply to any a regularly credentialed employee who has been employed in the regular educational programs of the school district as a probationary employee before being subsequently assigned to any one of these programs.
(d) This section does not apply to a teacher of classes for adults.

SEC. 3.SEC. 4.

 Section 44910 of the Education Code is repealed.

SEC. 4.SEC. 5.

 Section 44929.21 of the Education Code is amended to read:

44929.21.
 (a) An employee of a school district of any type or class who, after having been employed by the school 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 school district.
(b) The governing board of a school district shall notify the probationary employee, on or before March 15 of the probationary employee’s second 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. If the governing board of the school district 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.

SEC. 5.SEC. 6.

 Section 44929.23 of the Education Code is repealed.

SEC. 6.SEC. 7.

 Section 44948 of the Education Code is repealed.

SEC. 7.SEC. 8.

 Section 44948.2 of the Education Code is repealed.

SEC. 8.SEC. 9.

 Section 44948.3 of the Education Code is amended to read:

44948.3.
 (a) First and second year probationary employees 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. The notice shall include a statement of the reasons for the dismissal and notice of the opportunity to appeal. If dismissed 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 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 of a school district, pursuant to this section, may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal.

SEC. 9.SEC. 10.

 Section 44948.5 of the Education Code is repealed.
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REVISIONS:
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