California Assembly Bill AB1231 Amended / Bill

 BILL NUMBER: AB 1231AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 13, 2009 INTRODUCED BY Assembly Member Portantino  (   Coauthor:   Assembly Member   Carter   )  FEBRUARY 27, 2009 An act to  amend Section 44929.25 of, and to  add Section 44929.24  to,   to  the Education Code, relating to certificated school employees. LEGISLATIVE COUNSEL'S DIGEST AB 1231, as amended, Portantino. Part-time adult school teachers: collective bargaining. Existing law classifies a person  who   as a temporary employee if the person  is employed to teach adults for not more than 60% of the hours per week considered a full-time assignment for permanent employees having comparable duties  as a temporary employee  , and prohibits  that   such an  employee from becoming a probationary employee for purposes of gaining permanent status. This bill would make the right of certain temporary employees serving as part-time adult school teachers, as defined, to earn and retain annual reappointment rights a mandatory subject of collective bargaining with respect to any new or successor contract between  a  school  districts   district  and  those   the exclusive bargaining representative of the c   ertificated employees  of that district  on or after January 1, 2010.  The bill also would make nonsubstantive conforming changes.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares all of the following: (1) Part-time adult school teachers make essential contributions to California's adult education system. (2) Part-time adult school teachers, unlike tenured teachers, lack due process protection and may be dismissed at the will of their employers. (3) Sudden dismissal of part-time adult school teachers employed at adult schools over a long time period can be detrimental not only to the affected employees  ,  but also to adult students and prospective adult students in the service area.  (4) Because processing and orienting new teachers is a cost item for school districts, facilitating the reappointment of experienced teachers would constitute a cost savings for school districts.  (b) It is the intent of the Legislature in enacting this act to  accomplish both of the following:   (1) Increase adult student success, improve academic quality, and ensure diversity and program integrity in California's adult education system by fostering continuity of employment for part-time teachers who have taught for many years at the same adult school.   (2)     Explore increasing the number of full-time adult school teachers by evaluating mechanisms for allowing part-time adult school teachers to achieve full-time status.   increase adult student success, improve academic quality, and ensure diversity and program integrity in California's adult education system by fostering continuity of employment for part-time teachers who have taught for so many years at the same adult school.  SEC. 2. Section 44929.24 is added to the Education Code, to read: 44929.24. (a) Notwithstanding any other provision of law, the right of part-time adult school teachers to earn and retain annual reappointment rights shall be a mandatory subject of collective bargaining with respect to a new or successor contract between a school district and part-time adult school teachers   the exclusive bargaining representative of the certificated employees of that district  on or after January 1, 2010. (b) For purposes of this section, "part-time adult school teacher" means a person employed as a temporary employee pursuant to  subdivision (c) of  Section 44929.25 who teaches adults for at least 20 percent of the hours per week considered a full-time assignment for permanent employees having comparable duties  and who has received satisfactory job performance reviews  .  SEC. 3.   Section 44929.25 of the Education Code is amended to read: 44929.25. (a) When a teacher of classes for adults serves sufficient probationary time as provided in Sections 44929.20 to 44929.23, inclusive, and Section 44908 to be eligible for election to permanent classification in that district, his or her tenure shall be for the service equivalent to the average number of hours per week that he or she has served during his or her probationary years. In no case shall the employee be classified as permanent for more than one full-time assignment. The service for which the person has acquired tenure may be reduced in conformity with Sections 44955 and 44956. (b) Notwithstanding any other provision to the contrary, in a district that has, or in a district that is one of two or more districts governed by governing boards of identical personnel that have a combined average daily attendance of 400,000 or more, as shown by the annual report of the county superintendent of schools for the preceding fiscal year, a person who is assigned 10 hours or less a week in adult classes in the district shall not be eligible for election to permanent classification in the district on account of the assignment in adult classes. (c) Notwithstanding any other provision to the contrary, any person who is employed to teach adults for not more than 60 percent of the hours per week considered a full-time assignment for permanent employees having comparable duties shall be classified as a temporary employee, and shall not become a probationary employee under the provisions of Section 44954.