California - AB388

Certificated school employees: probationary employees.

Introduced

February 2, 2021

Description

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.
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.
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.
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.

Our Position

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Commentary

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Original Sponsor 1

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