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AB-753 Certificated school employees.(2015-2016)

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CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 753

Introduced by Assembly Member Medina

February 25, 2015

An act to amend, repeal, and add Sections 1296, 44929.21, and 44929.23 of the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 753, as introduced, Medina. Certificated school employees.
(1) Existing law, for a county superintendent of schools having an average daily attendance of 250 or more, requires an employee in a teaching position requiring certification qualifications to become a permanent employee of the county superintendent of schools if the employee is employed for 3 complete consecutive school years if his or her probationary period commenced prior to the 1983–84 fiscal year or for 2 complete consecutive school years if his or her probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter, and is reelected for the next succeeding school year to a teaching position requiring certification qualifications.
This bill, on and after July 1, 2016, would instead require, for a county superintendent of schools having an average daily attendance of 250 pupils or more, an employee in a nonsupervisory, nonmanagement position requiring certification qualifications to become a permanent employee of the county superintendent of schools if the employee is employed for 2 complete consecutive school years and is reelected for the next succeeding school year to a position requiring certification qualifications. The bill would specify that, unless otherwise provided, the provisions relating to probation, the attainment of permanent status, and dismissal that are otherwise applicable to employees of school districts apply to employees of county offices of education, as specified. To the extent that these provisions would place additional requirements on county offices of education, they would impose a state-mandated local program.
(2) Existing law, for a school district having an average daily attendance of 250 or more, requires an employee in a position requiring certification qualifications to become a permanent employee of the school district if the employee is employed for 3 complete consecutive school years if his or her probationary period commenced prior to the 1983–84 fiscal year or for 2 complete consecutive school years if his or her probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter, and is reelected for the next succeeding school year to a position requiring certification qualifications.
This bill, on and after July 1, 2016, would instead require, for a school district having an average daily attendance of 250 pupils or more, an employee in a nonsupervisory, nonmanagement position requiring certification qualifications to become a permanent employee of the school district if the employee is employed for 2 complete consecutive school years and is reelected for the next succeeding school year to a position requiring certification qualifications. To the extent that this provision would place additional requirements on school districts, it would impose a state-mandated local program.
(3) Existing law, for a school district having an average daily attendance of less than 250 pupils, authorizes the governing board of the school district to classify an employee employed in a position requiring certification qualifications as a permanent employee if he or she completes 3 complete consecutive school years of employment and is reelected for the next succeeding school year to a position requiring certification qualifications.
This bill, on and after July 1, 2016, would make those provisions applicable only to nonsupervisory, nonmanagement employees in positions requiring certification qualifications. The bill, on and after July 1, 2016, would make those provisions applicable to nonsupervisory, nonmanagement employees in positions requiring certification qualifications who are employed by county offices of education having an average daily attendance of less than 250 pupils. The bill would specify that the provisions relating to probation, the attainment of permanent employment status, and dismissal that are otherwise applicable to employees of school districts having an average daily attendance of less than 250 pupils, are applicable to the employees of county offices of education having an average daily attendance of less than 250 pupils, unless otherwise provided. To the extent that these provisions would place additional requirements on school districts and county offices of education, they impose a state-mandated local program.
(4) This bill would make conforming and related changes, and would set forth applicable provisions for school employees who are subject to the provisions specified above and are employed at the time the provisions of the bill become operative.
(5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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) 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 position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools.

Such an employee

(2) 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.

This

(3) This subdivision shall apply only to probationary employees whose probationary period commenced prior to before the 1983–84 fiscal year.
(b) (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 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 position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools.

The

(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 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 position in those schools. In the event that 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 an

(3) 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.

This

(4) This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter.
(c) As used in this section, “teaching position” means any a 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.
(d) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 2.

 Section 1296 is added to the Education Code, to read:

1296.
 (a) (1) A person who, after being employed for two complete consecutive school years by a county superintendent of schools with an average daily attendance of 250 pupils or more, in a nonsupervisory, nonmanagement position requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to a position requiring certification qualifications, 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 county superintendent of schools in the position of the decision to reelect or not reelect the employee for the next succeeding school year to the position. 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) Unless otherwise provided by law, for a certificated employee of a county office of education with an average daily attendance of 250 or more pupils, the statutory provisions relating to probation, the attainment of permanent employment status, and dismissal that are applicable to employees of school districts with an average daily attendance of 250 pupils or more shall apply, including, but not limited to, Sections 44929.21 and 44948.3.
(b) Unless otherwise provided by law, for a certificated employee of a county office of education with an average daily attendance of less than 250 pupils, the statutory provisions relating to probationary status, the attainment of permanent employment status, and dismissal that are applicable to employees of school districts with an average daily attendance of less than 250 pupils shall apply, including, but not limited to, Sections 44929.23, 44948, 44948.2, 44948.3, and 44948.5.
(c) The following provisions are applicable to a certificated employee who is subject to the provisions of this section who is employed on July 1, 2016:
(1) If the certificated employee has less than two consecutive years of service at the county office of education as of July 1, 2016, the employee shall complete his or her probationary period, and shall be granted permanent employee status upon reelection to his or her third year of service.
(2) If a certificated employee has at least two consecutive years of service at a county office of education as of July 1, 2016, and has been reelected to at least a third year of service, the employee shall be granted permanent employee status.
(d) This section shall become operative on July 1, 2016.

SEC. 3.

 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 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 next succeeding school year year, be classified as and become a permanent employee of the school district.

This

(2) This subdivision shall apply only to probationary employees whose probationary period commenced prior to before the 1983–84 fiscal year.
(b) (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 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 next succeeding school year year, be classified as and become a permanent employee of the school district.

The

(2) The governing board of the school district shall notify the employee, on or before March 15 of the 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. In the event that 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.

This

(3) This subdivision shall apply only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter.
(c) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 4.

 Section 44929.21 is added to the Education Code, to read:

44929.21.
 (a) An employee of a school district with an average daily attendance of 250 pupils or more, after having been employed by the school district for two complete consecutive school years in a nonsupervisory, nonmanagement position requiring certification qualifications, who is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the next succeeding school year, be classified as and become a permanent employee of the school district.
(b) The governing board of the school district shall notify the employee, on or before March 15 of the employee’s second complete consecutive school year of employment by the school district in a position 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.
(c) The following provisions apply to an employee subject to this section who is employed on July 1, 2016:
(1) If the certificated employee has completed less than two consecutive years of service at the school district as of July 1, 2016, the employee shall complete his or her probationary period and shall be granted permanent employee status upon reelection to his or her third year of service.
(2) If the certificated employee has completed at least two consecutive years of service at the school district and has been reelected to at least a third year of service as of July 1, 2016, the employee shall be granted permanent employee status.
(d) This section shall become operative on July 1, 2016.

SEC. 5.

 Section 44929.23 of the Education Code is amended to read:

44929.23.
 (a) The governing board of a school district of any type or class having an average daily attendance of less than 250 pupils may classify as a permanent employee of the school district any an employee 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. If that classification is not made, the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made.
(b) Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district, if the governing board of the school district elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board of the school district thereafter shall classify as a permanent employee of the school district any a probationary employee who, after being employed 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 as required by Section 44929.21. Any A probationary employee who has been employed by the school district for two or more consecutive years on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the school district.
(c) If the classification is not made pursuant to subdivision (a) or (b), the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until the classification is made.
(d) This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.

SEC. 6.

 Section 44929.23 is added to the Education Code, to read:

44929.23.
 (a) The governing board of a school district or a county office of education with an average daily attendance of less than 250 pupils shall classify as a permanent employee of the district a nonsupervisory, nonmanagement employee who, after having been employed by the school district or county office of education for three complete consecutive school years in a position requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications.
(b) Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district or county office of education if the governing board of the school district or county office of education elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board of the school district or county office of education thereafter shall classify as a permanent employee of the school district or county office of education a probationary employee who, after being employed for two complete consecutive school years in a position requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications, as required by Section 44929.21. A probationary employee who has been employed by the school district or county office of education for two or more consecutive years on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the school district or county office of education.
(c) The following provisions apply to a certificated employee subject to this section who is employed on July 1, 2016, at a school district or county office of education with an average daily attendance of less than 250 pupils:
(1) If the certificated employee has completed less than three consecutive years of service, the employee shall complete his or her probationary period and shall be granted permanent employee status upon reelection to his or her fourth year of service, as applicable pursuant to this section.
(2) If the certificated employee has completed at least three consecutive years of service and has been reelected to at least a fourth year of service, the employee shall be granted permanent employee status, as applicable pursuant to this section.
(d) This section shall become operative on July 1, 2016.

SEC. 7.

 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.