Assembly BillVetoedEducation
AB 917: County offices of education: school districts: average daily attendance of less than 250 pupils: permanent status.
What AB 917 does, verified September 21, 2026
The bill aims to amend the Education Code to simplify and standardize the process for certificated employees to attain permanent status. Currently, the law requires a certificated employee to complete two consecutive years and be reelected to become a permanent employee, regardless of the school district's average daily attendance. However, the bill would delete this provision, allowing employees to become permanent regardless of the district's attendance. Additionally, the bill would apply the same requirements for certificated employees who serve in multiple districts, regardless of their attendance. The bill would also require employees who complete the probationary period in an administrative or supervisory position to become permanent employees, regardless of the district's attendance. Furthermore, the bill would repeal the provision allowing a certificated employee to be offered a…
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Last action: Vetoed by Governor. (2026-09-20)Alert me
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| Sep. 20, 2026 | Vetoed by Governor. |
| Sep. 09, 2026 | Enrolled and presented to the Governor at 1 p.m. |
| Aug. 30, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 18.). |
| Aug. 28, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug. 28, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textEnrolled version, September 3, 2026 · 4,241 words
| Enrolled September 03, 2026 |
| Passed IN Senate August 28, 2026 |
| Passed IN Assembly August 30, 2026 |
| Amended IN Senate July 06, 2026 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 917
| Introduced by Assembly Member Ávila Farías |
February 19, 2025 |
An act to amend Sections 1296, 44500, 44501, 44897, 44901, 44929.20, 44929.21, 44932, 44933, 44934, 44934.1, and 44948.3 of, to amend, repeal, and add Section 44910 of, and to repeal Sections 44903, 44929.23, 44948, 44948.2, and 44948.5 of, the Education Code, relating to school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 917, Ávila Farías. 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.
The people of the State of California do enact as follows:
SECTION 1.
Section 1296 of the Education Code is amended to read:1296.
(a) Each person who, after being employed for two complete consecutive school years by a county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, shall be classified as and become a permanent employee of the county superintendent of schools.(b) (1) The county superintendent of schools shall notify the employee, on or before March 15 of the employee’s second complete consecutive year of employment by the superintendent in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position in those schools. If the county superintendent of schools does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
(2) An employee to whom paragraph (1) applies shall have the same rights and duties as employees of school districts to which Section 44929.21 applies, and Sections 44842, 44929.21, and 44948.3 shall be applicable to these employees.
(c) As used in this section, “teaching position” means any certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status.
SEC. 2.
Section 44500 of the Education Code is amended to read:44500.
(a) There is hereby established the California Peer Assistance and Review Program for Teachers. The governing board of a school district and the exclusive representative of the certificated employees in the school district may develop and implement a program authorized by this article that meets local conditions and conforms with the principles set forth in subdivision (b).(b) The following principles, at a minimum, shall be included in a locally developed program authorized by this article:
(1) A teacher participant shall be a permanent employee in a school district and volunteer to participate in the program or be referred for participation in the program as a result of an evaluation performed pursuant to subdivision (c) of Section 44664. In addition, teachers receiving assistance may be referred pursuant to a collectively bargained agreement.
(2) Performance goals for an individual teacher shall be in writing, clearly stated, aligned with pupil learning, and consistent with Section 44662.
(3) Assistance and review shall include multiple observations of a teacher during periods of classroom instruction.
(4) The program shall expect and strongly encourage a cooperative relationship between the consulting teacher and the principal with respect to the process of peer assistance and review.
(5) The school district shall provide sufficient staff development activities to assist a teacher to improve their teaching skills and knowledge.
(6) The program shall have a monitoring component with a written record.
(7) The final evaluation of a teacher’s participation in the program shall be made available for placement in the personnel file of the teacher receiving assistance.
SEC. 3.
Section 44501 of the Education Code is amended to read:44501.
A consulting teacher participating in a program operated pursuant to this article shall meet locally determined criteria and each of the following qualifications:(a) The consulting teacher shall be a credentialed classroom teacher with permanent status.
(b) The consulting teacher shall have substantial recent experience in classroom instruction.
(c) The consulting teacher shall have demonstrated exemplary teaching ability, as indicated by, among other things, effective communication skills, subject matter knowledge, and mastery of a range of teaching strategies necessary to meet the needs of pupils in different contexts.
SEC. 4.
Section 44897 of the Education Code is amended to read:44897.
(a) A person employed in an administrative or supervisory position requiring certification qualifications upon completing a probationary period, including any time served as a classroom teacher, in the same school district, shall be classified as and become a permanent employee as a classroom teacher.(b) Persons classified pursuant to this section are subject to the limitations contained in Section 44956.5.
SEC. 5.
Section 44901 of the Education Code is amended to read:44901.
(a) A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each governed by governing boards of identical personnel, for a total of two complete consecutive school years, upon being elected for the third consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the third consecutive school year be classified as a permanent employee of the last school district in which they were employed prior to their election for the third consecutive school year.(b) Where there are two or more school districts, each governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for two complete consecutive school years, upon being elected for the third consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the third consecutive school year be classified as and become a permanent employee of the last school district in which they were employed prior to their election for the third consecutive school year.
(c) The governing board of the school district shall notify the employee, on or before March 15 of the employee’s second complete consecutive school year of employment by the school districts in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position. In the event that the governing board of the school district does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
SEC. 6.
Section 44903 of the Education Code is repealed.SEC. 7.
Section 44910 of the Education Code is amended to read:44910.
(a) (1) Service by a person as an instructor in classes conducted at regional occupational centers or programs, as authorized pursuant to Section 52301, shall not be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee of a school district.(2) This subdivision shall not be construed to apply to any regularly credentialed teacher who has been employed to teach in the regular educational programs of the school district and subsequently assigned as an instructor in regional occupational centers or programs, nor shall it affect the status of regional occupational center teachers classified as permanent or probationary at the time this section becomes effective.
(b) Notwithstanding the prohibition prescribed in subdivision (a), 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 authorized pursuant to Section 52301, shall be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee of a single school district.
(c) This section shall become inoperative on July 1, 2027, and, as of January 1, 2028, is repealed.
SEC. 8.
Section 44910 is added to the Education Code, to read:44910.
(a) Service by a person as an instructor in classes conducted at a regional occupational center or program, as authorized pursuant to Section 52301, shall be included in computing the service required as a prerequisite to attainment of, or eligibility for, classification as a permanent employee of the employing school district or county office of education.(b) This section shall become operative on July 1, 2027.
SEC. 9.
Section 44929.20 of the Education Code is amended to read:44929.20.
Every certificated employee of any school district in a position requiring a supervision or administration credential, may be offered a continuing contract to cover a period longer than one year but not to exceed four years.SEC. 10.
Section 44929.21 of the Education Code is amended to read:44929.21.
(a) Every employee of a school district of any type or class 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 school district.(b) The governing board of the school district shall notify the employee, on or before March 15 of the employee’s second complete consecutive school year of employment by the school district in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to the position. In the event that the governing board of the school district does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
SEC. 11.
Section 44929.23 of the Education Code is repealed.SEC. 12.
Section 44932 of the Education Code is amended to read:44932.
(a) A permanent employee shall not be dismissed except for one or more of the following causes:(1) Immoral conduct, including, but not limited to, egregious misconduct. For purposes of this chapter, “egregious misconduct” is defined exclusively as immoral conduct that is the basis for an offense described in Section 44010 or 44011 of this code, or in Sections 11165.2 to 11165.6, inclusive, of the Penal Code.
(2) Unprofessional conduct.
(3) Commission, aiding, or advocating the commission of acts of criminal syndicalism, as prohibited by Chapter 188 of the Statutes of 1919, or in any amendment to that chapter.
(4) Dishonesty.
(5) Unsatisfactory performance.
(6) Evident unfitness for service.
(7) Physical or mental condition unfitting them to instruct or associate with children.
(8) Persistent violation of or refusal to obey the school laws of the state or reasonable regulations prescribed for the government of the public schools by the state board or by the governing board of the school district employing them.
(9) Conviction of a felony or of any crime involving moral turpitude.
(10) Violation of Section 51530 or conduct specified in Section 1028 of the Government Code, added by Chapter 1418 of the Statutes of 1947.
(11) Alcoholism or other drug abuse that makes the employee unfit to instruct or associate with children.
(b) The governing board of a school district may suspend without pay for a specific period of time on grounds of unprofessional conduct a permanent certificated employee pursuant to the procedures specified in Sections 44933, 44934, 44934.1, 44935, 44936, 44937, 44943, and 44944. This authorization does not apply to a school district that has adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
SEC. 13.
Section 44933 of the Education Code is amended to read:44933.
A permanent employee may be dismissed or suspended on grounds of unprofessional conduct consisting of acts or omissions other than those specified in Section 44932, but any such charge shall specify instances of behavior deemed to constitute unprofessional conduct.SEC. 14.
Section 44934 of the Education Code is amended to read:44934.
(a) This section shall apply to dismissal or suspension proceedings based on charges as specified in Section 44932 or 44933, including proceedings based on charges of egregious misconduct in combination with other charges. Section 44934.1 shall apply to dismissal or suspension proceedings based solely on charges of egregious misconduct described in paragraph (1) of subdivision (a) of Section 44932.(b) Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of the school district, or upon a written statement of charges formulated by the governing board of the school district, charging that there exists cause, as specified in Section 44932 or 44933, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend the employee at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. Suspension proceedings may be initiated pursuant to this section only if the governing board of the school district has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
(c) Any written statement of charges shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare their defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each charge.
(d) If the governing board of the school district has given notice to a certificated employee of its intention to dismiss or suspend the employee, based upon written charges filed or formulated pursuant to this section, the charges may be amended less than 90 days before the hearing on the charges only upon a showing of good cause. If a motion to amend charges is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to the amended charges.
(e) A notice of the governing board of the school district to an employee of its intention to dismiss or suspend the employee, together with written charges filed or formulated pursuant to this section, shall be sufficient to initiate a hearing under Section 11503 of the Government Code, and the governing board of the school district shall not be required to file or serve a separate accusation.
SEC. 15.
Section 44934.1 of the Education Code is amended to read:44934.1.
(a) This section shall apply only to dismissal or suspension proceedings based solely on charges of egregious misconduct, as described in paragraph (1) of subdivision (a) of Section 44932.(b) Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district charging that there exists cause, as specified in paragraph (1) of subdivision (a) of Section 44932, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend the employee at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article.
(c) Any written statement of charges of egregious misconduct shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare their defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each occasion of alleged egregious misconduct.
SEC. 16.
Section 44948 of the Education Code is repealed.SEC. 17.
Section 44948.2 of the Education Code is repealed.SEC. 18.
Section 44948.3 of the Education Code is amended to read:44948.3.
(a) First and second year probationary employees may be dismissed during the school year for unsatisfactory performance determined pursuant to Article 11 (commencing with Section 44660) of Chapter 3, or for cause pursuant to Section 44932. Any dismissal pursuant to this section shall be in accordance with all of the following procedures:(1) The superintendent of the school district or the superintendent’s designee shall give 30 days’ prior written notice of dismissal, not later than March 15 in the case of second year probationary employees. The notice shall include a statement of the reasons for the dismissal and notice of the opportunity to appeal. In the event of a dismissal for unsatisfactory performance, a copy of the evaluation conducted pursuant to Section 44664 shall accompany the written notice.
(2) The probationary employee shall have 15 days from receipt of the notice of dismissal to submit to the governing board of the school district a written request for a hearing. The governing board of the school district may establish procedures for the appointment of an administrative law judge to conduct the hearing and submit a recommended decision to the board. The failure of a probationary employee to request a hearing within 15 days from receipt of a dismissal notice shall constitute a waiver of the right to a hearing.
(b) The governing board of the school district, pursuant to this section, may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal.
SEC. 19.
Section 44948.5 of the Education Code is repealed.Text of AB 917 as enrolled, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions