BILL NUMBER: AB 753 INTRODUCED
BILL TEXT
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.
State-mandated 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.