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



Current Version: 05/30/17 - Amended Assembly        


AB1220:v96#DOCUMENT

Amended  IN  Assembly  May 30, 2017
Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1220


Introduced by Assembly Member Weber

February 17, 2017


An act to amend Sections 1296, 44929.21, and 44948.3 of, and to add Section 44929.24 to, of the Education Code, relating to school employees.


LEGISLATIVE COUNSEL'S DIGEST


AB 1220, as amended, Weber. Certificated school employees: permanent status.
(1) Existing law requires each person who, after being employed for 2 complete consecutive school years by a county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, is reelected for the next succeeding school year to a teaching position to be classified as a permanent employee of the county superintendent of schools. Existing law requires an employee of a school district with an average daily attendance of 250 or more who, after having been employed by the school district for 2 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, at the commencement of the succeeding school year, to be classified as a permanent employee of the school district.

This bill would instead authorize each person who, after being employed for 3 complete consecutive school years by a county superintendent of schools in a teaching position maintained by the county superintendent of schools requiring certification qualifications, is reelected for the next succeeding school year to a teaching position to be classified as a permanent employee of the county superintendent of schools. The bill would authorize the county superintendent of schools to 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 5 complete consecutive school years as a probationary employee.

(2)Existing law requires an employee of a school district with an average daily attendance of 250 or more who, after having been employed by the school district for 2 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, at the commencement of the succeeding school year, to be classified as a permanent employee of the school district.

This bill would instead authorize an employee of such a school district 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, at the commencement of the succeeding school year, to be classified as a permanent employee of the school district. The bill would authorize the governing board of a school district to offer an employee of the school district in a position or positions requiring certification qualifications to continue for up to 5 complete consecutive school years as a probationary employee.

The bill would require the governing board of a school district, before an employee of the school district in a position or positions requiring certification qualifications is classified as a permanent employee of the school district, to determine that the employee has demonstrated 2 complete consecutive school years of effective teaching, as provided. The bill would require the governing board of a school district to adopt rules and regulations for this purpose. Because the bill would impose additional duties on local educational agency officials, the bill would impose a state-mandated local program.

This bill would instead authorize a county superintendent of schools, and the governing board of a school district, to offer an employee of the county superintendent of schools or the school district in a position or positions requiring certification qualifications to continue for up to 3 complete consecutive school years as a probationary employee, as provided.
The bill would require a county superintendent of schools, and the governing board of a school district, if a probationary employee is offered a 3rd complete consecutive school year of probationary employment, to develop an individualized improvement plan to assist in addressing the deficiencies identified in the probationary employee’s evaluation, to provide copies of all prior evaluations before the plan meeting, and to provide individualized professional development consistent with the plan.

(3)

(2) This bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2018, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.

(4)

(3) This bill would also make conforming changes and various nonsubstantive changes.

(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 the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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 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 this type of position in those schools or 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).
(2) The county superintendent of schools shall notify the employee, on or before March 15 of the employee’s third second 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 this type of position in those schools. If 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 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 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 this type of position in those schools.
(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. year as a permanent employee.

(3)

(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, 44929.24, 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 five three 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)

(2) 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, 44948.3, and 44948.5 apply to these employees.
(c) The county superintendent of schools shall provide 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:
(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 support, including priority in 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 fourth or fifth 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.
(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 may, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district. 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).
(2) The governing board of a school district shall notify the employee, on or before March 15 of the employee’s third 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 this type of position. If position, or of the decision to offer a third complete consecutive school year of employment as a probationary employee.
(3) The governing board 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 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 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. year as a permanent employee.
(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 three 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 provide 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 support, including priority in 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 fourth or fifth third complete consecutive school year of employment by the school district in a position or positions 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.

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, 2018, 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.SEC. 3.

 Section 44948.3 of the Education Code is amended to read:

44948.3.
 (a) 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 a probationary employee in the third, fourth, or fifth 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 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 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.