BILL NUMBER: AB 1248 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2015
INTRODUCED BY Assembly Member Chávez
(Coauthors: Assembly Members Achadjian, Travis Allen, Chang, Beth
Gaines, Harper, Jones, Mayes, Melendez, Olsen, Patterson, Waldron,
and Wilk)
FEBRUARY 27, 2015
An act to amend, repeal, and add Section 44929.21 of the Education
Code, relating to teachers.
LEGISLATIVE COUNSEL'S DIGEST
AB 1248, as amended, Chávez. Teachers: permanent status.
Existing law requires a certificated probationary employee to
become a permanent employee of a school district if his or her
probationary period commenced during the 1983-84 fiscal year or any
fiscal year thereafter, the school district has an average daily
attendance of 250 pupils or more, the employee completes 2
consecutive school years, and the employee is reelected for the next
succeeding school year to a position requiring certification.
This bill would make these provisions inoperative on July 1, 2018,
and would repeal them as of January 1, 2019.
This bill would, after July 1, 2018, require a certificated
probationary employee to become a permanent employee of a school
district if the school district has an average daily attendance of
250 pupils or more, the employee completes 3 consecutive school
years, received 3 consecutive evaluation ratings of effective or
better, and is reelected for the next succeeding school year to a
position requiring certification. The bill would require a
certificated employee to lose permanent status if specified
conditions occur. The bill would require school districts to offer a
professional growth or remediation plan to certain certificated
employees.
By requiring school districts to perform additional duties, this
bill would impose a state-mandated local program.
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.
This bill would become operative only if AB ____
1078 of the 2015-16 Regular Session is also
enacted and takes effect on or before January 1, 2016.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 succeeding school
year, be classified as, and become, a permanent employee of the
school district.
(2) This subdivision shall apply only to probationary employees
whose probationary period commenced 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 succeeding school year, be
classified as, and become, a permanent employee of the school
district.
(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. 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.
(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, 2018, and, as
of January 1, 2019, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2019, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 44929.21 is added to the Education Code, to read:
44929.21. (a) Every employee of a school district 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, and received three consecutive evaluation ratings of
effective or better, based upon the evaluation criteria established
by the state board pursuant to Section 33039, as amended by Assembly
Bill ____ 1078 of the 2015-16 Regular
Session, 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) A certificated employee shall lose permanent status if he or
she receives two consecutive evaluation ratings of ineffective.
(c) A certificated employee shall lose permanent status if he or
she receives four consecutive evaluation ratings of minimally
effective or a combination of minimally effective and ineffective.
(d) The school district shall offer a professional growth or
remediation plan to a certificated employee who has received an
evaluation rating of ineffective or has received two consecutive
evaluation ratings of minimally effective.
(e) This section shall become operative on July 1, 2018.
SEC. 3. 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.
SEC. 4. This act shall become operative only if Assembly Bill
____ 1078 of the 2015-16 Regular
Session is also enacted and takes effect on or before January 1,
2016.