(1)Existing law requires a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the school district in which the employee is employed are maintained to be deemed to have served a complete school year. Existing law also requires a probationary employee of an evening school who, in any one school year, has served for at least 75% of the number of days the evening schools of the school district in which the employee is employed are in session to be deemed to have served a complete school year.

This bill would, commencing July 1, 2024, remove that requirement for a probationary employee of an evening school and instead require a probationary employee of an adult education program to be deemed to have served a complete school year if the employee serves for at least 75% of the hours constituting a full-time equivalent position for adult education programs in the school district.

The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before July 1, 2024, by a public school employer and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement.

(2)Existing law authorizes the governing board of a school district to employ certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects that are not required by federal or state law. Existing law requires the employee and the governing board of the school to mutually agree, in writing, on the terms and conditions of that employment.

Existing law prohibits service pursuant to that employment authorization from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless the person served at least 75% of the number of days the regular schools of the school district are maintained, and the person is subsequently employed as a probationary employee in a position requiring certification qualifications.

This bill would, commencing July 1, 2024, specify that these provisions do not apply to a teacher of classes for adults.

(1)Existing law requires a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the school district in which the employee is employed are maintained to be deemed to have served a complete school year. Existing law also requires a probationary employee of an evening school who, in any one school year, has served for at least 75% of the number of days the evening schools of the school district in which the employee is employed are in session to be deemed to have served a complete school year.

This bill would, commencing July 1, 2024, remove that requirement for a probationary employee of an evening school and instead require a probationary employee of an adult education program to be deemed to have served a complete school year if the employee serves for at least 75% of the hours constituting a full-time equivalent position for adult education programs in the school district.

The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before July 1, 2024, by a public school employer and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement.

(2)Existing law authorizes the governing board of a school district to employ certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects that are not required by federal or state law. Existing law requires the employee and the governing board of the school to mutually agree, in writing, on the terms and conditions of that employment.

Existing law prohibits service pursuant to that employment authorization from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless the person served at least 75% of the number of days the regular schools of the school district are maintained, and the person is subsequently employed as a probationary employee in a position requiring certification qualifications.

This bill would, commencing July 1, 2024, specify that these provisions do not apply to a teacher of classes for adults.

(1)Existing law requires a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the school district in which the employee is employed are maintained to be deemed to have served a complete school year. Existing law also requires a probationary employee of an evening school who, in any one school year, has served for at least 75% of the number of days the evening schools of the school district in which the employee is employed are in session to be deemed to have served a complete school year.

This bill would, commencing July 1, 2024, require a probationary employee employed in an assignment that is less than full time but at least 60% of the number of hours of a full-time assignment, and who, in any one school year, has served for at least 75% of the number of days required of the assignment in which the employee is employed to be deemed to have served a complete school year. The bill also would remove that requirement for a probationary employee of an evening school and instead require a probationary employee of an adult education program to be deemed to have served a complete school year if the employee serves for at least 75% of the hours constituting a full-time equivalent position for adult education programs in the school district.

The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before July 1, 2024, by a public school employer and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement.

(2)Existing law authorizes the governing board of a school district to employ certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects that are not required by federal or state law. Existing law requires the employee and the governing board of the school to mutually agree, in writing, on the terms and conditions of that employment.

Existing law prohibits service pursuant to that employment authorization from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless the person served at least 75% of the number of days the regular schools of the school district are maintained, and the person is subsequently employed as a probationary employee in a position requiring certification qualifications.

This bill would, commencing July 1, 2024, specify that these provisions do not apply to a teacher of classes for adults.

(1)Existing law requires a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the school district in which the employee is employed are maintained to be deemed to have served a complete school year. Existing law also requires a probationary employee of an evening school who, in any one school year, has served for at least 75% of the number of days the evening schools of the school district in which the employee is employed are in session to be deemed to have served a complete school year.

This bill would, commencing July 1, 2024, require a probationary employee employed in an assignment that is less than full time but at least 60% of the number of hours of a full-time assignment, and who, in any one school year, has served for at least 75% of the number of days required of the assignment in which the employee is employed to be deemed to have served a complete school year. The bill also would require a probationary employee of an adult education program to be deemed to have served a complete school year if the employee serves for at least 75% of the hours constituting a full-time equivalent position for adult education programs in the school district.

The bill would specify that, to the extent the provisions of the bill conflict with any provision of a collective bargaining agreement entered into before July 1, 2024, by a public school employer and an exclusive bargaining representative, the provisions of the bill would not apply to the school district until the expiration or renewal of that collective bargaining agreement.

(2)Existing law authorizes the governing board of a school district to employ certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects that are not required by federal or state law. Existing law requires the employee and the governing board of the school to mutually agree, in writing, on the terms and conditions of that employment.

This bill would, commencing July 1, 2024, require certain information to be included in that employment agreement.

Existing law prohibits service pursuant to that employment authorization from being included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless the person served at least 75% of the number of days the regular schools of the school district are maintained, and the person is subsequently employed as a probationary employee in a position requiring certification qualifications.

This bill would, commencing July 1, 2024, specify that these provisions do not apply to a teacher of classes for adults.

 THIRD READING  

Bill No: AB 897

Author: McCarty (D), et al.

Amended: 5/18/23 in Assembly

Vote: 21

SENATE EDUCATION COMMITTEE: 4-0, 6/21/23

AYES: Newman, Cortese, McGuire, Smallwood-Cuevas

NO VOTE RECORDED: Ochoa Bogh, Glazer, Wilk

SENATE APPROPRIATIONS COMMITTEE: 5-2, 9/1/23

AYES: Portantino, Ashby, Bradford, Wahab, Wiener

NOES: Jones, Seyarto

ASSEMBLY FLOOR: 63-8, 5/30/23 - See last page for vote

SUBJECT: Certificated school employees: probationary employees: service credit

SOURCE: California Federation of Teachers

California Teachers Association

DIGEST:

This bill requires: (1) adult education teachers to earn permanent status after a two-year probationary period, and (2) employees hired using "categorical" or restricted state funding to be given specified notifications related to their expected job tenure.

ANALYSIS:

Existing law:

1. Requires a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the district in which he is employed are maintained, to be deemed to have served a complete school year. In the case of evening schools, 75% of the number of days the evening schools of the district are in session is deemed a complete school year. (Education Code (EC) 44908)
2. States that notwithstanding any other provision to the contrary, any person who 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 shall be classified as a temporary employee, and shall not become a probationary employee. (EC 44929.25)
3. Authorizes the governing board of any school district to employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects which are not required by federal or state statutes. Requires the terms and conditions under which such persons are employed to be mutually agreed upon by the employee and requires such an agreement to be in writing. Prohibits service to be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee unless such person has served for at least 75% of the number of days the regular schools of the district by which he is employed are maintained and such person is subsequently employed as a probationary employee in a position requiring certification qualifications. (EC 44909)

This bill:

1. Requires adult education teachers to attain permanent employee status after completing a probationary period akin to general education teachers.
2. Specifies that for adult education teachers, 75% of the number of hours constituting a full-time equivalent position for adult education programs in the school district shall be deemed a complete school year.
3. Requires employees hired using "categorical" or restricted state funding to be notified of the following at the time of hire: the expected end date of employment, the source of funding, and the nature of the categorically funded program or project.

Comments

1. Need for the bill. According to the author, “All students deserve to be taught by an experienced, high quality educator with a vested interest in the school community. However, current law denies adult education teachers the opportunity to obtain permanent status. They should be guaranteed the same rights and protections that are given to other teachers. By giving adult education teachers a pathway to permanent status, AB 897 will give qualified educators the job security they deserve and ensure that experienced educators are not dismissed unfairly.”
2. Districts can prohibit teachers of categorically funded programs, including adult education, from earning permanent status under existing law. In general, adult education has been funded in California by "categorical" or restricted state funding.  Currently, these funds are from the "California Adult Education Program (CAEP)" (formerly known as the "Adult Education Block Grant").  This funding distinguishes adult education from K-12 funding, which is not restricted for the most part, and which is also considered part of the constitutionally-mandated "regular" education program of a district.

In a July 7, 2020, court ruling on United Teachers Los Angeles, et al. v. Los Angeles Unified School District, et al., the court concluded, "The simple facts are that (a) adult education is not part of District's regular K-12 responsibilities and (b) sections 8530 and 66010.3 only require District to be responsible for adult instruction to the extent of state support. Adult education is not District's 'regular' work within the meaning of Kamin and Zalac. While CAEP's categorical funding may swallow the vast majority of adult education and preclude tenure for an entire field of teachers, this is a policy issue that was addressed in Zalac: ‘While the increasing use of special educational programs to supplement school district funding may raise questions as to whether the reach of section 44909, and the number of teachers being denied credit towards tenure, is extending farther than desirable, these are questions properly address to the Legislature rather than to the courts. [Los Angeles Unified School District Division of Adult and Career Education] (DACE) is a categorically funded program not required by state statute under section 44909."

Because of this ruling, existing law has been interpreted as allowing districts to deny permanent status to all teachers of adult education.

1. Adult education funding history. The primary purpose of adult education is to serve as a first point of entry for Californians seeking to acquire basic skills and potentially move into more advanced instruction or the workforce. School districts (through their adult schools) and community colleges are the state’s main providers of adult education. The state has funded school districts and community colleges in notably different ways for adult education.

Prior to 2008-09, school district adult education programs had funding caps on the total number of average daily attendance (ADA) they were paid for each year. Per statute (initially adopted in 1979‑80), each district’s ADA cap was increased by 2.5 percent annually. If a school district failed to reach its cap for two consecutive years, that district’s cap would be reduced and the amount of enrollment monies that went unused would be redirected to other districts serving students in excess of their funding caps. 

Beginning in 2008‑09, the state reduced funding for school districts due to declining revenues. That fiscal year, the state implemented a 15 percent across‑the‑board cut to most school district categorical programs, including adult education. This cut deepened to 20 percent in 2009‑10 and remained at that reduced level in 2010‑11 and 2011‑12. In a corresponding action reflecting a major departure from earlier budgetary practices, the state allowed school districts to use their adult education funding for any education purpose. The amount of adult education funding that school districts redirected for K‑12 purposes varied considerably—from a few districts redirecting no funds to other districts redirecting all their funds.

In 2013‑14, the adult education categorical program was subsumed into the Local Control Funding Formula. Further, the budget package included intent language for the Legislature to provide funding to the regional consortia beginning in 2015‑16 “to expand and improve the provision of adult education.” After giving providers two planning years, the 2015‑16 budget created the Adult Education Block Grant—later renamed the CAEP. The state initially provided $500 million (ongoing Proposition 98 General Fund) for the program, which has grown to nearly $600 million as of 2022-23.

1. What protections come with earning permanent employee status? Permanent employee status guarantees certificated school employees 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.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

According to the Senate Appropriations Committee, to the extent that additional permanent employees seek due process related to dismissal, this bill could result in unknown, but potentially significant Proposition 98 General Fund costs to local educational agencies (LEAs). A precise amount would largely depend on the number of dismissal proceedings. The costs associated with due process hearings or other dismissal proceedings can range from $10,000 to potentially over $100,000 per case, depending on the scope. This bill would likely impact teachers at the state’s 71 adult education consortia. The costs for LEAs to notify employees hired using state categorical funds are expected to be minor.

SUPPORT: (Verified 9/1/23)

California Federation of Teachers (co-source)
California Teachers Association (co-source)
American Federation of State, County, and Municipal Employees
California Adult Education Administrators Association
California Council for Adult Education
California School Employees Association
Coalition for Humane Immigrant Rights

OPPOSITION: (Verified 9/1/23)

Association of California School Administrators
California Association of School Business Officials 
California Association of Suburban School Districts
California County Superintendents
California School Boards Association
Central Valley Education Coalition
Kern County Superintendent of Schools
Kern County Superintendent of Schools Office
Orange County Department of Education
Riverside County Superintendent of Schools

ARGUMENTS IN SUPPORT: The California Teachers Association states, "…some educators are denied a pathway to achieve permanent status, including Adult Education teachers. Rather than achieving permanent status, they are re-elected year after year as probationary employees, denying them basic professional rights and due process protections. This bill will ensure more educators have due process rights afforded to permanent employees.

California is experiencing an unprecedented educator shortage, which has been exacerbated by the pandemic. As a result, many school districts rely on teachers with substandard credentials and permits to fill vacant positions, which studies show undermines student achievement. Providing more educators with a fair opportunity to attain permanent status will support a stable, qualified educator workforce. Despite minor costs associated with this bill, all teachers deserve a pathway to permanent status and due process rights and all students should be taught by a qualified educator with a vested interest in the community. This bill will provide more stability for our educator workforce and improve student success."

ARGUMENTS IN OPPOSITION: The Association of California School Administrators states, "Probationary periods serve as an important time for new teachers to be supported and receive guidance on how to face the challenges that come with their position. Teachers may not gain the necessary preparation in the proposed abbreviate time period. As a result, they may be less equipped to fulfill their duties. Alternatively, districts could be reluctant to pass probationary employees due to the lack of data for evaluation. Finally, expanding the rights of permanent teachers to all certificated employees will be cost prohibitive as school districts would need to put a dismissal process in place, mirrored for permanent teachers. Those proceedings can range from $10,000 to over $100,000 per case, depending on the scope. We also have concerns about the public policy impacts of beginning a process of granting tenure rights to additional positions, particularly in the non-teaching positions that this bill intends to include."

ASSEMBLY FLOOR: 63-8, 5/30/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NOES: Megan Dahle, Davies, Dixon, Flora, Vince Fong, Gallagher, Jim Patterson, Joe Patterson

NO VOTE RECORDED: Chen, Essayli, Hoover, Lackey, Mathis, Sanchez, Ta, Waldron, Wallis

Prepared by: Ian Johnson / ED. / (916) 651-4105

9/2/23 14:07:40

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 897 (McCarty) - Certificated school employees: probationary employees: service credit

Bill Summary:

This bill requires adult education teachers to earn permanent status after a two-year probationary period, and employees hired using "categorical" or restricted state funding to be given specified notifications related to their expected job tenure.

Fiscal Impact:

To the extent that additional permanent employees seek due process related to dismissal, this bill could result in unknown, but potentially significant Proposition 98 General Fund costs to local educational agencies (LEAs). A precise amount would largely depend on the number of dismissal proceedings. The costs associated with due process hearings or other dismissal proceedings can range from $10,000 to potentially over $100,000 per case, depending on the scope. This bill would likely impact teachers at the state’s 71 adult education consortia. The costs for LEAs to notify employees hired using state categorical funds are expected to be minor.

Background:

Existing law requires a probationary employee who, in any one school year, has served for at least 75 percent of the number of days the regular schools of the district in which he is employed are maintained, to be deemed to have served a complete school year. In the case of evening schools, 75 percent of the number of days the evening schools of the district are in session is deemed a complete school year. Existing law also provides that notwithstanding any other provision to the contrary, any person who 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 shall be classified as a temporary employee, and shall not become a probationary employee.

Existing law authorizes the governing board of any school district to employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects which are not required by federal or state statutes. The terms and conditions under which such persons are employed must be mutually agreed upon by the employee and the governing board and such agreement must be reduced to writing. Service pursuant to this section may not be included in computing the service required as a prerequisite to attainment of, or eligibility to, classification as a permanent employee unless such person has served pursuant to this section for at least 75% of the number of days the regular schools of the district by which he is employed are maintained and such person is subsequently employed as a probationary employee in a position requiring certification qualifications.

Proposed Law:

This bill requires adult education teachers to attain permanent employee status after completing a probationary period akin to general education teachers. The bill specifies that for adult education teachers, 75 percent of the number of hours constituting a full-time equivalent position for adult education programs in the school district shall be deemed a complete school year.

This bill also requires employees hired using "categorical" or restricted state funding to be notified of the following at the time of hire: the expected end date of employment, the source of funding, and the nature of the categorically funded program or project.

Related Legislation:

AB 2573 (McCarty, 2022) would have made changes regarding which credentialed employees can attain permanent employee status, and deleted sections that differentiate employment practices for school districts with less than 250 average daily attendance (ADA) and employees who were in their probationary period prior to the 1983-84 fiscal year. This bill was held in the Senate Appropriations Committee.

AB 388 (Medina, 2021) would have made changes regarding which credentialed employees can attain permanent employee status, and deleted sections that differentiate employment practices for school districts with less than 250 ADA and employees who were in their probationary period prior to the 1983-84 fiscal year. This bill was held in the Senate Appropriations Committee.

Staff Comments:

The primary purpose of adult education is to serve as a first point of entry for Californians seeking to acquire basic skills and potentially move into more advanced instruction or the workforce. School districts (through their adult schools) and community colleges are the state’s main providers of adult education. Because the state funds LEAs to provide adult education with earmarked or “categorical” funds, rather than the general purposes funds it provides to LEAs to provide K-12 education, adult education is legally not considered a “regular” education program of an LEA. Therefore, adult education teachers may be denied permanent status. This bill would require an employer of an adult education teacher grant to grant these teachers permanent status after a two year probationary period.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: Hearing Date: June 21, 2023

Subject: .

NOTE: This bill has been referred to the Committees on Education and Appropriations. A "do pass" motion should include referral to the Committee on Appropriations.

SUMMARY

This bill requires: (1) adult education teachers to earn permanent status after a two-year probationary period, and (2) employees hired using "categorical" or restricted state funding to be given specified notifications related to their expected job tenure.

BACKGROUND

Existing law:

1. Requires a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the district in which he is employed are maintained, to be deemed to have served a complete school year. In the case of evening schools, 75% of the number of days the evening schools of the district are in session is deemed a complete school year. (Education Code (EC) 44908)
2. States that notwithstanding any other provision to the contrary, any person who 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 shall be classified as a temporary employee, and shall not become a probationary employee. (EC 44929.25)
3. Authorizes the governing board of any school district to employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects which are not required by federal or state statutes. Requires the terms and conditions under which such persons are employed to be mutually agreed upon by the employee and requires such an agreement to be in writing. Prohibits service to be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee unless such person has served for at least 75% of the number of days the regular schools of the district by which he is employed are maintained and such person is subsequently employed as a probationary employee in a position requiring certification qualifications. (EC 44909)

ANALYSIS

This bill:

1. Requires adult education teachers to attain permanent employee status after completing a probationary period akin to general education teachers.
2. Specifies that for adult education teachers, 75% of the number of hours constituting a full-time equivalent position for adult education programs in the school district shall be deemed a complete school year.
3. Requires employees hired using "categorical" or restricted state funding to be notified of the following at the time of hire: the expected end date of employment, the source of funding, and the nature of the categorically funded program or project.

STAFF COMMENTS

1. Need for the bill. According to the author, “All students deserve to be taught by an experienced, high quality educator with a vested interest in the school community. However, current law denies adult education teachers the opportunity to obtain permanent status. They should be guaranteed the same rights and protections that are given to other teachers. By giving adult education teachers a pathway to permanent status, AB 897 will give qualified educators the job security they deserve and ensure that experienced educators are not dismissed unfairly.”
2. Districts can prohibit teachers of categorically funded programs, including adult education, from earning permanent status under existing law. In general, adult education has been funded in California by "categorical" or restricted state funding.  Currently, these funds are from the "California Adult Education Program (CAEP)" (formerly known as the "Adult Education Block Grant").  This funding distinguishes adult education from K-12 funding, which is not restricted for the most part, and which is also considered part of the constitutionally-mandated "regular" education program of a district.

In a July 7, 2020, court ruling on United Teachers Los Angeles, et al. v. Los Angeles Unified School District, et al., the court concluded, "The simple facts are that (a) adult education is not part of District's regular K-12 responsibilities and (b) sections 8530 and 66010.3 only require District to be responsible for adult instruction to the extent of state support. Adult education is not District's 'regular' work within the meaning of Kamin and Zalac. While CAEP's categorical funding may swallow the vast majority of adult education and preclude tenure for an entire field of teachers, this is a policy issue that was addressed in Zalac: ‘While the increasing use of special educational programs to supplement school district funding may raise questions as to whether the reach of section 44909, and the number of teachers being denied credit towards tenure, is extending farther than desirable, these are questions properly address to the Legislature rather than to the courts. [Los Angeles Unified School District Division of Adult and Career Education] (DACE) is a categorically funded program not required by state statute under section 44909.'"

Because of this ruling, existing law has been interpreted as allowing districts to deny permanent status to all teachers of adult education.

1. Adult education funding history. The primary purpose of adult education is to serve as a first point of entry for Californians seeking to acquire basic skills and potentially move into more advanced instruction or the workforce. School districts (through their adult schools) and community colleges are the state’s main providers of adult education. The state has funded school districts and community colleges in notably different ways for adult education.

Prior to 2008-09, school district adult education programs had funding caps on the total number of average daily attendance (ADA) they were paid for each year. Per statute (initially adopted in 1979‑80), each district’s ADA cap was increased by 2.5 percent annually. If a school district failed to reach its cap for two consecutive years, that district’s cap would be reduced and the amount of enrollment monies that went unused would be redirected to other districts serving students in excess of their funding caps. 

Beginning in 2008‑09, the state reduced funding for school districts due to declining revenues. That fiscal year, the state implemented a 15 percent across‑the‑board cut to most school district categorical programs, including adult education. This cut deepened to 20 percent in 2009‑10 and remained at that reduced level in 2010‑11 and 2011‑12. In a corresponding action reflecting a major departure from earlier budgetary practices, the state allowed school districts to use their adult education funding for any education purpose. The amount of adult education funding that school districts redirected for K‑12 purposes varied considerably—from a few districts redirecting no funds to other districts redirecting all their funds.

In 2013‑14, the adult education categorical program was subsumed into the Local Control Funding Formula. Further, the budget package included intent language for the Legislature to provide funding to the regional consortia beginning in 2015‑16 “to expand and improve the provision of adult education.” After giving providers two planning years, the 2015‑16 budget created the Adult Education Block Grant—later renamed the CAEP. The state initially provided $500 million (ongoing Proposition 98 General Fund) for the program, which has grown to nearly $600 million as of 2022-23.

1. What protections come with earning permanent employee status? Permanent employee status guarantees certificated school employees 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.
2. Arguments in support. The California Teachers Association states, "…some educators are denied a pathway to achieve permanent status, including Adult Education teachers. Rather than achieving permanent status, they are re-elected year after year as probationary employees, denying them basic professional rights and due process protections. This bill will ensure more educators have due process rights afforded to permanent employees.

California is experiencing an unprecedented educator shortage, which has been exacerbated by the pandemic. As a result, many school districts rely on teachers with substandard credentials and permits to fill vacant positions, which studies show undermines student achievement. Providing more educators with a fair opportunity to attain permanent status will support a stable, qualified educator workforce. Despite minor costs associated with this bill, all teachers deserve a pathway to permanent status and due process rights and all students should be taught by a qualified educator with a vested interest in the community. This bill will provide more stability for our educator workforce and improve student success."

1. Arguments in opposition. The Association of California School Administrators states, "Probationary periods serve as an important time for new teachers to be supported and receive guidance on how to face the challenges that come with their position. Teachers may not gain the necessary preparation in the proposed abbreviate time period. As a result, they may be less equipped to fulfill their duties. Alternatively, districts could be reluctant to pass probationary employees due to the lack of data for evaluation. Finally, expanding the rights of permanent teachers to all certificated employees will be cost prohibitive as school districts would need to put a dismissal process in place, mirrored for permanent teachers. Those proceedings can range from $10,000 to over $100,000 per case, depending on the scope. We also have concerns about the public policy impacts of beginning a process of granting tenure rights to additional positions, particularly in the non-teaching positions that this bill intends to include."

SUPPORT

California Federation of Teachers (co-sponsor)
California Teachers Association (co-sponsor)
American Federation of State, County, and Municipal Employees
California Adult Education Administrators Association
California Council for Adult Education
California School Employees Association

OPPOSITION

Association of California School Administrators
California Association of School Business Officials 
California Association of Suburban School Districts
California County Superintendents
California School Boards Association
Central Valley Education Coalition
Kern County Superintendent of Schools
Orange County Department of Education
Riverside County Superintendent of Schools

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 897

Author:(McCarty)

As Amended Ver:May 18, 2023

Majority vote

SUMMARY

Requires adult education teachers to earn permanent status after a two-year probationary period; and, requires employees hired using "categorical" or restricted state funding to be notified of the following at the time of hire: the expected end date of employment, the source of funding, and the nature of the categorically funded program or project.

Major Provisions

Requires, in adult education programs that are part of a school district maintaining kindergarten or any grades 1 to 12, inclusive, 75% of the number of hours constituting a full-time equivalent position for adult education programs in the school district, to be deemed a complete school year.

COMMENTS

What does this bill do? This bill requires adult education teachers to attain permanent employee status after completing a probationary period. Further, the bill requires employees hired using "categorical" or restricted state funding to be notified of the following at the time of hire: the expected end date of employment, the source of funding, and the nature of the categorically funded program or project.

What protections does "permanent employee" status offer to employees? "Permanent employee" status guarantees certificated school employees 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.

Adult education teachers. In general, adult education has been funded in California by "categorical" or restricted state funding. Currently, these funds are from the "California Adult Education Program (CAEP)" (formerly known as the "Adult Education Block Grant"). This funding distinguishes adult education from K-12 funding, which is not restricted for the most part, and which is also considered part of the constitutionally-mandated "regular" education program of a district. Some confusion in the field exists, however the California Department of Education's August 1, 2017, CAEP Guide does state that CAEP is not a grant, but rather is an ongoing state apportionment that can be used in future years to hire permanent staff, teachers and faculty.

In a July 7, 2020, court ruling on United Teachers Los Angeles, et al. v. Los Angeles Unified School District, et al., the court concluded, "The simple facts are that (a) adult education is not part of District's regular K-12 responsibilities and (b) sections 8530 and 66010.3 only require District to be responsible for adult instruction to the extent of state support. Adult education is not District's 'regular' work within the meaning of Kamin and Zalac. While CAEP's categorical funding may swallow the vast majority of adult education and preclude tenure for an entire field of teachers, this is a policy issue that was addressed in Zalac: ‘While the increasing use of special educational programs to supplement school district funding may raise questions as to whether the reach of section 44909, and the number of teachers being denied credit towards tenure, is extending farther than desirable, these are questions properly address to the Legislature rather than to the courts. [Los Angeles Unified School District Division of Adult and Career Education] (DACE) is a categorically funded program not required by state statute under section 44909.'" Because of this ruling, Section 44909 can be used to deny permanent status to all teachers of adult education.

According to the Author

"All students deserve to be taught by an experienced, high quality educator with a vested interest in the school community. However, current law denies adult education teachers the opportunity to obtain permanent status. They should be guaranteed the same rights and protections that are given to other teachers. By giving adult education teachers a pathway to permanent status, AB 897 will give qualified educators the job security they deserve and ensure that experienced educators are not dismissed unfairly."

Arguments in Support

The California Teachers Association states, "some educators are denied a pathway to achieve permanent status, including Adult Education teachers. Rather than achieving permanent status, they are re-elected year after year as probationary employees, denying them basic professional rights and due process protections. This bill will ensure more educators have due process rights afforded to permanent employees.

California is experiencing an unprecedented educator shortage, which has been exacerbated by the pandemic. As a result, many school districts rely on teachers with substandard credentials and permits to fill vacant positions, which studies show undermines student achievement. Providing more educators with a fair opportunity to attain permanent status will support a stable, qualified educator workforce. Despite minor costs associated with this bill, all teachers deserve a pathway to permanent status and due process rights and all students should be taught by a qualified educator with a vested interest in the community. This bill will provide more stability for our educator workforce and improve student success."

Arguments in Opposition

The Association of California School Administrators states, "Probationary periods serve as an important time for new teachers to be supported and receive guidance on how to face the challenges that come with their position. Teachers may not gain the necessary preparation in the proposed abbreviate time period. As a result, they may be less equipped to fulfill their duties. Alternatively, districts could be reluctant to pass probationary employees due to the lack of data for evaluation. Finally, expanding the rights of permanent teachers to all certificated employees will be cost prohibitive as school districts would need to put a dismissal process in place, mirrored for permanent teachers. Those proceedings can range from $10,000 to over $100,000 per case, depending on the scope. We also have concerns about the public policy impacts of beginning a process of granting tenure rights to additional positions, particularly in the non-teaching positions that this bill intends to include."

FISCAL COMMENTS

According to the Assembly Appropriations Committee,

1. Ongoing Proposition 98 General Fund costs of an unknown, but potentially significant amount, to local educational agencies (LEAs) to the extent adult education teachers 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. This bill likely would apply to teachers at the state's 71 adult education consortia.
2. Minor costs to LEAs to notify employees hired using categorical state funding of certain information.

If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs either directly to LEAs or through the K-12 Mandates Block Grant.

VOTES

ASM EDUCATION: 5-0-2

YES: Muratsuchi, Juan Carrillo, Lee, McCarty, Quirk-Silva

ABS, ABST OR NV: Megan Dahle, Hoover

ASM APPROPRIATIONS: 11-2-3

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Weber, Ortega

NO: Megan Dahle, Dixon

ABS, ABST OR NV: Mathis, Robert Rivas, Sanchez

UPDATED

VERSION: May 18, 2023

CONSULTANT: Chelsea Kelley / ED. / (916) 319-2087 FN: 0000954

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 897

Author:(McCarty) – As Introduced Ver:February 14, 2023

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

SUMMARY:

This bill makes several changes to certain school employees’ ability to earn permanent employee status and makes other related changes.

Specifically, this bill (a) requires an employer of an adult education teacher to grant the teacher permanent employee status after a two year probationary period; (b) requires an employer of a certificated school employee working at least 60% of a full time position, and who has served for at least 75% of the number of days of their assignment, to consider the employee as having served a complete school year for purposes of granting permanent status; and (c) requires an LEA to notify an employee hired using categorical state funding of the following information at the time of hire: the expected end date of employment, the source of funding, and the nature of the categorically funded program or project.

FISCAL EFFECT:

1. Ongoing Proposition 98 General Fund costs of an unknown, but potentially significant amount, to local educational agencies (LEAs) to the extent newly 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. This bill likely would apply to teachers at the state’s 71 adult education consortia and a portion of certificated employees.
2. Minor costs to LEAs to notify employees hired using categorical state funding of certain information.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs either directly to LEAs or through the K-12 Mandates Block Grant.

COMMENTS:

1. Purpose. According to the author:

All students deserve to be taught by an experienced, high quality educator with a vested interest in the school community. However, current law denies adult education teachers the opportunity to obtain permanent status. They should be guaranteed the same rights and protections that are given to other teachers. By giving adult education teachers a pathway to permanent status, AB 897 will give qualified educators the job security they deserve and ensure that experienced educators are not dismissed unfairly.

1. Background. "Permanent employee" status guarantees a member of specific employee groups due process rights if they are dismissed. In the case of dismissal, permanent employee status allows an employee to request a hearing before a commission on professional competence to decide whether their dismissal was appropriate. In addition, a permanent employee has the right to request a hearing in the event of a workforce reduction.

Adult education programs are operated through consortia at K-12 schools and offer pre-collegiate education to adults, most commonly through basic skills instruction and English as a second language courses. Because the state funds LEAs to provide adult education with earmarked or “categorical” funds, rather than the general purposes funds it provides to LEAs to provide K-12 education, adult education is legally not considered a “regular” education program of an LEA. For this reason, adult education teachers may be denied permanent status. This bill requires an employer of an adult education teacher grant such a teacher permanent status after a two year probationary period.

Existing law requires certificated school employees who work 75% of the school days to earn permanent status. This bill lowers the threshold for permanent employee status for these certificated staff in a full-time position from 75% of the school days to 60%.

1. Prior Legislation. AB 2573 (McCarty), of the 2021-22 Legislative Session, would have made changes regarding which credentialed employees can attain permanent employee status, and deleted sections that differentiate employment practices for school districts with less than 250 average daily attendance (ADA) and employees who were in their probationary period prior to the 1983-84 fiscal year. AB 2573 was held in the Senate Appropriations Committee.

AB 388 (Medina), of the 2021-22 Legislative Session, would have made changes regarding which credentialed employees can attain permanent employee status, and deleted sections that differentiate employment practices for school districts with less than 250 ADA and employees who were in their probationary period prior to the 1983-84 fiscal year. AB 388 was held in the Senate Appropriations Committee.

AB 2682 (Medina), of the 2019-20 Legislative Session, would have extended permanent employee status to all nonsupervisory, non-management employees who work in positions requiring certification in school districts and county offices of education (COEs). AB 2682 was held in the Assembly Education Committee.

AB 753 (Medina), of the 2015-16 Legislative Session, would have extended permanent employee status to all nonsupervisory, non-management employees who work in positions requiring certification in school districts and COEs. AB 753 was held in this committee.

AB 1619 (Gonzalez), of the 2013-14 Legislative Session, would have made changes regarding which credentialed employees could attain permanent employee status. AB 1619 was held in the Senate Education Committee.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081

Date of Hearing: March 22, 2023

ASSEMBLY COMMITTEE ON EDUCATION

Al Muratsuchi, Chair

ABPCA Bill Id:AB 897 (

Author:McCarty) – As Introduced Ver:February 14, 2023

SUBJECT: Certificated school employees: probationary employees: service credit

SUMMARY: Requires adult education teachers to earn permanent status after a two year probationary period; requires certificated employees working at least 60% of a full time position and who have served for at least 75% of the number of days of their assignment to be considered to have served a complete school year for purposes of attaining permanent status; and, requires employees hired using “categorical” or restricted state funding to be notified of the following at the time of hire: the expected end date of employment, the source of funding, and the nature of the categorically funded program or project. Specifically, this bill:

1. States that the provisions pertaining to certificated employees who provide services as part of a categorical funding project, and who are not eligible for permanent status, do not apply to adult education teachers.
2. Requires that a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the school district in which the employee is employed are maintained, be deemed to have served a complete school year. Requires, in the case of a probationary employee employed in an assignment that is less than full time but at least 60% of the number of hours of a full-time assignment, and who, in any one school year, has served for at least 75% of the number of days required of the assignment in which the employee is employed, the employee to be deemed to have served a complete school year.
3. Requires, in adult education programs that are part of a school district maintaining kindergarten or any grades 1 to 12, inclusive, 75% of the number of hours constituting a full-time equivalent position for adult education programs in the school district, to be deemed a complete school year.
4. Requires the governing board of a school district to provide the following information to certificated employees hired for categorically funded projects:
   1. the expected end date of employment;
   2. the source of funding; and
   3. the nature of the categorically funded program or project.

EXISTING LAW:

1. Requires a probationary employee who, in any one school year, has served for at least 75% of the number of days the regular schools of the district in which he is employed are maintained, to be deemed to have served a complete school year. In the case of evening schools, 75% of the number of days the evening schools of the district are in session is deemed a complete school year. (Education Code (EC) 44908)
2. States that notwithstanding any other provision to the contrary, any person who 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 shall be classified as a temporary employee, and shall not become a probationary employee. (EC 44929.25)
3. Authorizes the governing board of any school district to employ persons possessing an appropriate credential as certificated employees in programs and projects to perform services conducted under contract with public or private agencies, or categorically funded projects which are not required by federal or state statutes. Requires the terms and conditions under which such persons are employed to be mutually agreed upon by the employee and requires such an agreement to be in writing. Prohibits service to be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee unless such person has served for at least 75% of the number of days the regular schools of the district by which he is employed are maintained and such person is subsequently employed as a probationary employee in a position requiring certification qualifications. (EC 44909)

FISCAL EFFECT: This bill was keyed non-fiscal by the office of Legislative Counsel.

COMMENTS:

Need for the bill. According to the author, “All students deserve to be taught by an experienced, high quality educator with a vested interest in the school community. However, current law denies adult education teachers the opportunity to obtain permanent status. They should be guaranteed the same rights and protections that are given to other teachers. By giving adult education teachers a pathway to permanent status, AB 897 will give qualified educators the job security they deserve and ensure that experienced educators are not dismissed unfairly.”

What does this bill do? This bill requires adult education teachers and all certificated employees working 60% of a full time position and 75% of the school days for the assignment to attain permanent employee status after completing a probationary period. Further, the bill requires employees hired using “categorical” or restricted state funding to be notified of the following at the time of hire: the expected end date of employment, the source of funding, and the nature of the categorically funded program or project.

What protections does "permanent employee" status offer to employees? "Permanent employee" status guarantees certificated school employees 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.

Adult education teachers. In general, adult education has been funded in California by "categorical" or restricted state funding.  Currently, these funds are from the "California Adult Education Program (CAEP)" (formerly known as the "Adult Education Block Grant").  This funding distinguishes adult education from K-12 funding, which is not restricted for the most part, and which is also considered part of the constitutionally-mandated "regular" education program of a district. Some confusion in the field exists, however the California Department of Education’s August 1, 2017, CAEP Guide does state that CAEP is not a grant, but rather is an ongoing state apportionment that can be used in future years to hire permanent staff, teachers and faculty.

In a July 7, 2020, court ruling on United Teachers Los Angeles, et al. v. Los Angeles Unified School District, et al., the court concluded, “The simple facts are that (a) adult education is not part of District’s regular K-12 responsibilities and (b) sections 8530 and 66010.3 only require District to be responsible for adult instruction to the extent of state support. Adult education is not District’s ‘regular’ work within the meaning of Kamin and Zalac. While CAEP’s categorical funding may swallow the vast majority of adult education and preclude tenure for an entire field of teachers, this is a policy issue that was addressed in Zalac: ‘While the increasing use of special educational programs to supplement school district funding may raise questions as to whether the reach of section 44909, and the number of teachers being denied credit towards tenure, is extending farther than desirable, these are questions properly address to the Legislature rather than to the courts. [Los Angeles Unified School District Division of Adult and Career Education] (DACE) is a categorically funded program not required by state statute under section 44909.’” Because of this ruling, Section 44909 can be used to deny permanent status to all teachers of adult education. 

Under this bill, adult education teachers who work less than 60% of a full time assignment will remain ineligible for permanent status. Under Section 44929.25, adult education teachers who work 18 hours/week or less of classes (60% of a full time assignment or less) must be classified as temporary and cannot acquire permanent or probationary status.

Part time employees. Existing law requires certificated employees that work 75% of the school days to earn permanent status. This bill requires certificated employees working at least 60% of a full time position and working 75% of the school days for the assignment will earn permanent status after a 2 year probationary period. This lowers the threshold for permanent status from 75% of the school days to 60% of a full time position.

According to the California Teachers Association, credentialed librarians, nurses, or other student support professionals that may be less than full-time should not be treated as temporary employees. Many of them are re-hired year after year, but do not have the same due process protections as other classroom teachers and can be fired for any reason.

Related legislation. AB 2573 (McCarty) of the 2021-22 Session would have made changes regarding which credentialed employees can attain permanent employee status, and deleted sections that differentiate employment practices for school districts with less than 250 average daily attendance (ADA) and employees who were in their probationary period prior to the 1983-84 fiscal year. This bill was held in the Senate Appropriations Committee.

AB 388 (Medina) of the 2021-22 Session would have made changes regarding which credentialed employees can attain permanent employee status, and deleted sections that differentiate employment practices for school districts with less than 250 ADA and employees who were in their probationary period prior to the 1983-84 fiscal year. This bill was held in the Senate Appropriations Committee.

AB 2682 (Medina) of the 2019-20 Session would have extended permanent employee status to all nonsupervisory, non-management employees who work in positions requiring certification in school districts and county offices of education (COEs). This bill was held in the Assembly Education Committee.

AB 753 (Medina) of the 2015-16 Session would have extended permanent employee status to all nonsupervisory, non-management employees who work in positions requiring certification in school districts and COEs. This bill was held in the Assembly Appropriations Committee.

AB 1619 (Gonzalez) of the 2013-14 Session would have made changes, as of July 1, 2015, regarding which credentialed employees could attain permanent employee status. This bill was held in the Senate Education Committee.

AB 165 (Cohn) of the 2001-02 Session would have required COEs serving at least 250 average daily attendance (ADA) to grant permanent status to a non-supervisory, nonmanagement employee 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 in the Assembly Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

American Federation of State, County, and Municipal Employees
California Federation of Teachers AFL-CIO

California Teachers Association

Opposition

None on file

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