(1)Existing law, for a county superintendent of schools having an average daily attendance of 250 or more, requires an employee in a teaching position requiring certification qualifications to become a permanent employee of the county superintendent of schools if the employee is employed for 3 complete consecutive school years if his or her probationary period commenced prior to the 198384 fiscal year or for 2 complete consecutive school years if his or her probationary period commenced during the 198384 fiscal year or any fiscal year thereafter, and is reelected for the next succeeding school year to a teaching position requiring certification qualifications.

This bill, on and after July 1, 2016, would instead require, for a county superintendent of schools having an average daily attendance of 250 pupils or more, an employee in a nonsupervisory, nonmanagement position requiring certification qualifications to become a permanent employee of the county superintendent of schools if the employee is employed for 2 complete consecutive school years and is reelected for the next succeeding school year to a position requiring certification qualifications. The bill would specify that, unless otherwise provided, the provisions relating to probation, the attainment of permanent status, and dismissal that are otherwise applicable to employees of school districts apply to employees of county offices of education, as specified. To the extent that these provisions would place additional requirements on county offices of education, they would impose a state-mandated local program.

(2)Existing law, for a school district having an average daily attendance of 250 or more, requires an employee in a position requiring certification qualifications to become a permanent employee of the school district if the employee is employed for 3 complete consecutive school years if his or her probationary period commenced prior to the 198384 fiscal year or for 2 complete consecutive school years if his or her probationary period commenced during the 198384 fiscal year or any fiscal year thereafter, and is reelected for the next succeeding school year to a position requiring certification qualifications.

This bill, on and after July 1, 2016, would instead require, for a school district having an average daily attendance of 250 pupils or more, an employee in a nonsupervisory, nonmanagement position requiring certification qualifications to become a permanent employee of the school district if the employee is employed for 2 complete consecutive school years and is reelected for the next succeeding school year to a position requiring certification qualifications. To the extent that this provision would place additional requirements on school districts, it would impose a state-mandated local program.

(3)Existing law, for a school district having an average daily attendance of less than 250 pupils, authorizes the governing board of the school district to classify an employee employed in a position requiring certification qualifications as a permanent employee if he or she completes 3 complete consecutive school years of employment and is reelected for the next succeeding school year to a position requiring certification qualifications.

This bill, on and after July 1, 2016, would make those provisions applicable only to nonsupervisory, nonmanagement employees in positions requiring certification qualifications. The bill, on and after July 1, 2016, would make those provisions applicable to nonsupervisory, nonmanagement employees in positions requiring certification qualifications who are employed by county offices of education having an average daily attendance of less than 250 pupils. The bill would specify that the provisions relating to probation, the attainment of permanent employment status, and dismissal that are otherwise applicable to employees of school districts having an average daily attendance of less than 250 pupils, are applicable to the employees of county offices of education having an average daily attendance of less than 250 pupils, unless otherwise provided. To the extent that these provisions would place additional requirements on school districts and county offices of education, they impose a state-mandated local program.

(4)This bill would make conforming and related changes, and would set forth applicable provisions for school employees who are subject to the provisions specified above and are employed at the time the provisions of the bill become operative.

(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 753

Author:(Medina) – As Introduced Ver:February 25, 2015

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY: This bill extends permanent employee status to all nonsupervisory, non-management employees who work in positions requiring certification in school districts and county offices of education (COEs) starting July 1, 2017. Specifically, this bill:

1. For school districts and COEs with 250 or less average daily attendance (ADA), permanent status is granted to an employee that has been employed by the district or COE for three consecutive years and is reelected for the fourth year.

2. For school districts and COEs with 250 or more ADA, permanent status is granted to an employee that has been employed by the district or COE for two consecutive years and is reelected for the third year.

FISCAL EFFECT: Unknown, potentially significant GF/Proposition 98 costs to school districts and COEs, starting in 2017, to the extent permanent employees seek due process related to dismissal. Costs associated with due process hearings or other dismissal proceedings can range from $10,000 to over $100,000 per case, depending on the scope. There are 17 COE’s with less than 250 ADA and approximately 250 school districts with less than 250 ADA. This bill will affect those districts and COEs by requiring that all certificated employees attain permanent employee status after a probationary period.

COMMENTS:

1. Purpose. Existing law states that certificated employees, in teaching positions, at COEs with more than 250 ADA can achieve permanent status after a probationary period. This means that certificated employees in nonteaching positions do not have the right to attain permanent status. This policy affects groups of certificated employees at COEs such as school psychologists, counselors and school nurses, among others.

The California Teachers Association, is sponsoring this bill in response to a court decision in 1985 which held that only certificated employees in teaching positions at COEs with more than 250 ADA can attain permanent employee status. The Neumarkel v. Allard case was decided in 1985 and it hasn't been overturned or cited in any recent court cases. The sponsor indicated that a few rural COEs have recently dismissed counselors, and that is the impetus for the bill.

2. Background. Existing law allows for dismissal of probationary employees for unsatisfactory performance or cause. "Probationary employees" have statutory timelines for notice of dismissal and the ability to appeal. "Permanent employee" status guarantees more extensive due process rights if the employee is dismissed. In the case of dismissal, permanent employee status allows employees to request a hearing before a Commission on Professional Competence to decide whether their dismissal was appropriate. According to the Legislative Analyst’s Office, 100 dismissal hearings were heard in the entire state between 1996 and 2005.

3. Opposition. The Association of California School Administrators oppose this bill, citing concerns that expanding the rights of permanent teachers to all certificated employees will be costly and time prohibitive. They note that flexibility has been allowed to address the changing needs of student populations. Expanding the definition of who qualifies for permanent status to all certificated employees significantly limits this flexibility.

4. Prior legislation.

1. AB 1619 (Gonzalez) of 2014, proposed to extend permanent status to nonsupervisory certificated employees at COEs, both below and above 250 ADA and both teaching and non-teaching positions; school district ROC/P instructors and nonsupervisory certificated employees at school districts, with an ADA of 250 or less. This bill failed passage in the Senate Education Committee.

2. AB 165 (Cohn) of 2001, would have required COEs with 250 or more ADA to grant permanent status to non-supervisory, nonmanagement employees who work in positions requiring certification if the individual works two consecutive school years and is rehired for the next (third) year. This bill was held on the Suspense File in this committee

Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081

Date of Hearing: April 8, 2015

ASSEMBLY COMMITTEE ON EDUCATION

Patrick O'Donnell, Chair

ABPCA Bill Id:AB 753

Author:(Medina) – As Introduced Ver:February 25, 2015

SUBJECT: Certificated school employees

SUMMARY: Makes changes, as of July 1, 2017, regarding which credentialed employees can attain permanent employee status. Specifically, this bill extends permanent employee status to all nonsupervisory, non-management employees who work in positions requiring certification in school districts and county offices of education (COEs) as follows:

1. For school districts and COEs with 250 or less average daily attendance (ADA), permanent status is granted to an employee that has been employed by the district or COE for three consecutive years and is reelected for the fourth year.

2. For school districts and COEs with 250 or more ADA, permanent status is granted to an employee that has been employed by the district or COE for two consecutive years and is reelected for the third year.

EXISTING LAW:

1. Specifies that if the ADA of the schools and classes maintained by a county superintendent of schools is 250 or more, each person who, after being employed for two complete consecutive school years by the superintendent in a teaching position in those schools or classes requiring certification and whose salary is paid from the county school service fund, is reelected for the next succeeding school year, shall be classified as a permanent employee. (Education Code (EC) Section 1296)

2. Specifies that every employee of a school district of any type or class having an ADA of 250 or more who, after having been employed by the 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 succeeding school year be classified as and become a permanent employee of the district. (EC Section 44929.21)

3. Specifies the governing board of a school district of any type or class having an average daily attendance of less than 250 pupils may classify as a permanent employee of the district any employee 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. (EC Section 44929.23)

4. Authorizes a county superintendent of schools to enter into contracts of employment with persons employed by him in positions requiring certification qualifications for periods of not to exceed the end of the school year in which the term for which the county superintendent of schools was elected or appointed expires and in no event, for more than four years and six months. (EC Section 1293)

FISCAL EFFECT: Legislative Counsel has keyed this bill as a state-mandated local program. According to the Assembly Appropriations Committee for a substantially similar bill, unknown, potentially significant General Fund and Proposition 98 costs to school districts and COEs to the extent permanent employees seek due process related to dismissal. Costs associated with due process hearings or other dismissal proceedings can range from $10,000 to over $100,000 per case, depending on the scope. It is estimated that 1,300 employees in small school districts would now be eligible for permanent status.

COMMENTS: This bill makes substantive changes regarding which credentialed employees can attain permanent employee status. This bill requires the following groups to attain permanent employee status after completing a probationary period:

1. Nonsupervisory certificated employees at COEs, both below and above 250 ADA and both teaching and non-teaching positions.

2. Nonsupervisory certificated employees at school districts, with an ADA of 250 or less.

What protections does "permanent employee" status offer to these employees? "Permanent employee" status guarantees the specific employees listed in the bill with due process rights if they are dismissed. In the case of dismissal, "permanent employee" status allows employees to request a hearing before a Commission on Professional Competence to decide whether their dismissal was appropriate. Further, a "permanent employee" has the right to request a hearing during a reduction in force.

Neumarkel Case: Existing law states that certificated employees, in teaching positions, at COEs with more than 250 ADA can achieve permanent status after a probationary period. This means that certificated employees in nonteaching positions do not have the right to attain permanent status. This policy affects groups of certificated employees at COEs such as school psychologists, counselors and school nurses, among others.

The sponsors indicate that this bill was spurred by the ruling in the case of Neumarkel v. Allard, 163 Cal. App. 3d 457 (1985), which upheld EC Section 1296, stating that certificated employees, in teaching positions, at COEs with more than 250 ADA can attain permanent employee status. The Neumarkel v. Allard case was decided in 1985 and it hasn't been overturned or cited in any recent court cases. The sponsor indicated that a few rural COEs have recently dismissed counselors, and that is the impetus for the bill.

County Offices and Districts with less than 250 ADA: According to the sponsor, the California Teachers Association, there are 17 COE’s with less than 250 ADA and approximately 250 school districts with less than 250 ADA. This bill will affect those districts and COEs by requiring that all certificated employees attain permanent employee status after a probationary period.

According to the author, permanent status establishes a procedure for dismissing certificated education employees which guarantees due process and impartial consideration of the facts when disagreement about the facts exists. Current statutes were established based on the limited or insecure need for these instructors, but limits the due process protections for teachers in the educational environments referenced. Instead of denying the rights of educators, school employers (whether working with employees at county offices of education or in communities where there are few students) should employ the layoff process to reduce their staffing if needed.

Old Code Sections: This bill deletes code sections that only apply to employees whose probationary period commenced prior to the 1983-84 fiscal year and code sections that apply to COEs and school districts with more or less than 250 ADA. The sponsors indicated that the intent is to eliminate any code sections that apply different rules to COEs and districts with more or less than 250 ADA so that all local education agencies follow the same requirements.

Arguments in Support: The California Teachers Association supports the bill and states, "Under the Education Code, permanent employees can only be terminated for just-cause or as part of a layoff. Unfortunately, several classes of certificated education employees have been inappropriately denied permanent status based on the need to create fiscal solvency or in anticipation that the need for services into the future was insecure; there are currently systems in place to appropriately reduce staffing if needed. AB 753 will remedy this situation treating all certificated education employees with dignity, respect, and professionalism."

Arguments in Opposition: StudentsFirst opposes the bill and states, "The changes proposed in AB 753 not only ignore the growing evidence on best practices for reforming tenure across the country, but also directly undermine the court's ruling in Vergara v. California. StudentsFirst has long stood with students and parents in demanding that permanent status be a meaningful career benchmark for our most outstanding educators. AB 753 would undermine this vision and move California even further away from ensuring all students are afforded the opportunity to learn from high quality educators in every subject and at every grade level."

Previous Legislation: AB 1619 (Gonzalez) of 2014, which failed passage in the Senate Education Committee, would have extended permanent status to:

1. Nonsupervisory certificated employees at COEs, both below and above 250 ADA and both teaching and non-teaching positions.

2. School district ROC/P instructors.

3. Nonsupervisory certificated employees at school districts, with an ADA of 250 or less.

AB 165 (Cohn) of 2001, which was held on the Assembly Appropriations Committee, would have required COE) serving at least 250 ADA, to grant permanent status to non-supervisory, non-management employees who work in positions requiring certification, if the individual works two consecutive school years and is rehired for the next (third) year.

REGISTERED SUPPORT / OPPOSITION:

Support

California Teachers Association

Southern Humboldt Teachers Association

Opposition

Association of California School Administrators

Edvoice

Small School Districts' Association

StudentsFirst

Analysis Prepared by: Chelsea Kelley / ED. / (916) 319-2087