Assembly Bill 897 – Amends The Calculation Used For 75% Rule For Probationary Employees In An Adult Education Program

CATEGORY: Public Education Matters
CLIENT TYPE: Public Education
DATE: Dec 06, 2023

Existing law provides that a probationary employee who works at least 75% of the number of days for the regular school year in any one school year is deemed to have served a complete school year.  Current law also provides that probationary employees of an evening school who in any one school year who works 75% of the school days that the school is in session is deemed to have completed the school year.  Existing law also allows the governing board of a school district to employ certificated employees in programs and projects to perform services conducted under contract or categorically funded projects that are not required by state or federal law.  Existing law requires the parties enter into a written agreement on the terms and conditions of employment.

AB 897 amends existing law by removing the requirement for evening schools, and instead beginning July 1, 2024, provides that a probationary employee of an adult education program that is part of a school district maintaining kindergarten or any grades 1 to 12, who works 75% of the hours constituting a full-time equivalent position for adult education programs in the school district shall be deemed to have completed a school year.

AB 897 does not apply to school districts if the provisions of this bill conflicts with an existing collective bargaining agreement entered into before July 1, 2024, until the expiration or renewal of the collective bargaining agreement.

AB 897 amends Education Code Section 44909 and requires beginning July 1, 2024, that employment agreements between the governing board of the school district and a certificated employee that is hired to perform services in programs or projects under contract or categorically funded projects must include the following terms in a written contract:

  • Expected end date of employment
  • The sources of funding.
  • The nature of the categorically funded program or project.

(AB 897 amends, repeals, and adds Section 44908 and 44909 of the Education Code.)

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