AB 917: County offices of education: school districts: average daily attendance of less than 250 pupils: permanent status.

(1) Existing law requires a certificated employee of a school district of any type or class or of a county superintendent of schools, with an average daily attendance of 250 or more, who completes 2 consecutive 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. Existing law authorizes the governing board of a school district of any type or class 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 instead authorizes the employee to be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made. Existing law further provides for the calculation of permanent status upon the unionization, unification, uniting, or consolidation of one or more school districts having different average daily attendances, as specified. This bill instead would require that a certificated employee of a school district of any type or class or of a county superintendent of schools, regardless of the average daily attendance of the school district or county superintendent of schools, who completes 2 consecutive years and is reelected to become and be classified as a permanent employee. The bill would delete the provisions specifying the calculation of permanent status upon the unionization, unification, uniting, or consolidation of one or more school districts having different average daily attendances. (2) Existing law requires a certificated employee who has served in 2 or more school districts, each having an average daily attendance of 250 or more pupils and governed by identical personnel, as specified, for a total of 2 complete consecutive school years, or who has served upon being elected for the 3rd consecutive school year in either district, to, at the commencement of that year, be classified as a permanent employee of the last district in which they were employed prior to election for the 3rd year. Existing law also requires that a certificated employee who has served in a school district having an average daily attendance of 250 or more pupils for 2 complete consecutive school years, upon being elected for a 3rd consecutive school year in a school district having an average daily attendance of 250 or more pupils and governed by a board of identical personnel as the first district, as specified, to, at the commencement of that 3rd year, be classified as a permanent employee of the last district in which they were employed before election for the 3rd year. This bill would delete the requirement that both school districts have an average daily attendance of 250 or more pupils, thereby applying these provisions to the certificated employees of all school districts, regardless of their average daily attendance. (3) Existing law requires that a person employed in an administrative or supervisory position requiring certification qualifications in a school district having an average daily attendance of 250 or more pupils, who completes the probationary period, including any time served as a classroom teacher, in the same district to be classified as and become a permanent employee as a classroom teacher. In a school district having an average daily attendance of less than 250 pupils, existing law authorizes that classification. This bill would require a person employed in an administrative or supervisory position requiring certification qualifications who completes the probationary period, including any time served as a classroom teacher, in the same district, regardless of the average daily attendance of the school district, to be classified as and become a permanent employee as a classroom teacher. (4) Existing law authorizes a certificated employee of a school district of any type or class having an average daily attendance of less than 250 pupils to be offered a continuing contract to cover a period longer than one year but not to exceed 4 years. This bill would repeal this provision. (5) Existing law authorizes the establishment of regional occupational centers or programs to provide career technical education and technical training to students. 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, except, commencing July 1, 2025, service by a person as an instructor in classes conducted at a regional occupational center or program operated by a single school district, as provided. This bill, commencing July 1, 2027, would instead require service by a person as an instructor in classes conducted at any regional occupational centers or programs to be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee of the employing school district or county office of education. (6) Existing law authorizes a first- or 2nd-year probationary employee of a school district to be dismissed during the school year for unsatisfactory performance or for cause, pursuant to specified procedures. Existing law specifies that those provisions do not apply to a probationary employee in a school district having an average daily attendance of less than 250 pupils and instead authorizes their suspension or dismissal for cause, including for egregious misconduct, pursuant to separate procedures that are applicable to permanent employees of a school district and prohibits their dismissal during the school year for unsatisfactory performance, except as alternatively provided. This bill would revise and recast the suspension and dismissal provisions for probationary employees to eliminate distinctions between the procedures for the suspension or dismissal of a probationary employee based upon the average daily attendance of the school district. The bill would instead apply the existing procedures specific to the dismissal of a probationary employee of a school district with an average daily attendance of 250 or more to all probationary employees of all school districts, regardless of the average daily attendance of the school district. (7) Existing law establishes the California Peer Assistance and Review Program for Teachers, which authorizes the governing board of a school district and the exclusive representative of the certificated employees in the school district to develop and implement a review program that meets local conditions and conforms to specified principles, including, among others, that a teacher participant is required to be a permanent employee in a school district with 250 or greater units of average daily attendance, or a permanent or probationary employee in a school district with fewer than 250 units of average daily attendance. Existing law requires that the consulting teacher be a permanent employee, or in a school district with an average daily attendance of less than 250 pupils, a credentialed classroom teacher who has completed at least 3 consecutive school years as an employee of the school district in a position requiring certification qualifications. This bill would instead require participant teachers and consulting teachers to be permanent employees only, regardless of the average daily attendance of the school district. (8) This bill also would delete obsolete provisions, update references, and make conforming and nonsubstantive changes.