California Assembly Bill AB1184 Amended / Bill

 BILL NUMBER: AB 1184AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Campos FEBRUARY 27, 2015 An act  to amend Section 44929.21 of the Education Code,  relating to school employees. LEGISLATIVE COUNSEL'S DIGEST AB 1184, as amended, Campos. School employees: San Jose Unified School District. Existing law establishes a system of public elementary and secondary schools in this state pursuant to which school districts operate schools and employ certificated personnel to provide instruction to pupils. Existing law establishes procedures for the hiring of these employees, and authorizes school districts to negotiate, and enter into, collective bargaining agreements with entities representing employees. Existing law requires every employee of a school district with an average daily attendance of 250 or more to be classified as and become a permanent employee of the school district if the employee has been employed by the school district for 2 complete consecutive school years in a position requiring certification qualifications and is reelected for the next succeeding school year to a position requiring certification qualifications.  This bill would express the Legislature's intent to enact legislation that would facilitate implementation of an innovative teacher evaluation program that would provide for a 3rd year of probationary status for teachers in the San Jose School District, created in partnership through the negotiations process by the San Jose Unified School District and the San Jose Teachers Association.   This bill, according to the terms of a collective bargaining agreement between the San Jose Unified School District and the San Jose Teachers Association, would specify when a probationary employee of the San Jose Unified School District whose probationary period commences during the 2015-16 fiscal year or any fiscal year thereafter becomes a permanent employee of the school district if the employee has been employed by the school district for one complete school year or 2 or 3 complete consecutive school years, as applicable, in a position requiring certification qualifications and the employee is reelected for the next succeeding school year to a position requiring certification qualifications.   This bill would make a legislative finding and declaration as to the necessity of a special statute applicable to the San Jose Unified School District.  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)  It is the intent of the   The  Legislature  to enact   finds that enacting  legislation that  would facilitate   facilitates  implementation of an innovative teacher evaluation program created in partnership through the negotiations process by the San Jose Unified School District and the San Jose Teachers  Association.   Association is appropriate.  The Legislature recognizes that the San Jose Unified School District's and the San Jose Teachers Association's request for a minimal amount of flexibility in the establishment of an employee's right to permanent status is sound, reasonable, and appropriate for the limited circumstances in which it is sought; specifically, the unique and longstanding state of labor relations between the leadership of the San Jose Unified School District and the San Jose Teachers Association. (b)  It is further the intent of the   The  Legislature  to enact   finds that enacting  legislation that  would grant   grants  the jointly negotiated and monitored evaluation program the opportunity to provide for a third year of probationary status for teachers when recommended by the contractually designated joint oversight  panel.   panel is appropriate.  The Legislature recognizes the parties' negotiated contract language ensures that the option for a third year of probation could only be considered in lieu of nonreelection when it is in the best interest of fairness, transparency, and outstanding education in the San Jose Unified School District.  SEC. 2.   Section 44929.21 of the   Education Code   is amended to read:  44929.21. (a) 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 subdivision shall apply only to probationary employees whose probationary period commenced before the 1983-84 fiscal year.   This subdivision shall apply only to probationary employees whose probationary period commenced prior to 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   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.  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) (1) (A) Notwithstanding subdivision (b), every employee of the San Jose Unified School District who, after having been employed for a probationary period of one complete school year 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 discretion of the San Jose Unified School District, at the commencement of the next succeeding school year, be classified as and become a permanent employee of the San Jose Unified School District.   (B) Notwithstanding subdivision (b), every employee of the San Jose Unified School District who, after having been employed for a probationary period of 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, unless granted a probationary period of three complete consecutive school years in a position or positions requiring certification qualifications pursuant to the terms of a collective bargaining agreement as set forth in this subdivision, at the commencement of the next succeeding school year, be classified as and become a permanent employee of the San Jose Unified School District.   (C) Notwithstanding subdivision (b), every employee of the San Jose Unified School District who, after having been employed for a probationary period of 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, be classified as and become a permanent employee of the San Jose Unified School District.   (2) Notwithstanding subdivision (b), the governing board of the San Jose Unified School District shall notify the employee, for employees with a two-year probationary period, on or before March 15 of the employee's second complete consecutive school year, or for employees with a three-year probationary period, between July 1 and March 15 of the 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 the position. If the governing board of the school district does not give notice pursuant to this section on or before March 15 of the applicable school year, the employee shall be deemed reelected for the next succeeding school year.   (3) Section 44948.3 shall not apply to a probationary employee of the San Jose Unified School District with a three-year probationary period during the employee's third complete consecutive school year.   (4) This subdivision shall apply only to probationary employees of the San Jose Unified School District whose probationary period commenced during the 2015-16 fiscal year or any fiscal year thereafter, according to the terms of a collective bargaining agreement entered into pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code between the San Jose Unified School District and the San Jose Teachers Association. In the absence of such a collective bargaining agreement, subdivision (b) shall apply for employees whose probationary period commenced during a fiscal year following termination of such a collective bargaining agreement.   SEC. 3.   The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique labor relations situation in the San Jose Unified School District stemming from the collective bargaining agreement entered into between that district and the San Jose Teachers Association in 2013. The enactment of Section 2 of this act as a special law applicable to the San Jose Unified School District is therefore necessary.