Bill Text: CA AB1184 | 2015-2016 | Regular Session | Amended
Bill Title: School employees: San Jose Unified School District.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1184 Detail]
Download: California-2015-AB1184-Amended.html
BILL NUMBER: AB 1184 AMENDED
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.
