BILL NUMBER: ABX5 7	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        NOVEMBER 23, 2009

   An act to amend Section 44932 of, and to add Section 44660.1 to,
the Education Code, relating to teachers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 7, as introduced, Nestande. Teachers.
   (1) Existing law expresses the intent of the Legislature that
school district governing boards establish a uniform system of
evaluation and assessment of the performance of all certificated
personnel within each school district of the state. Existing law
requires the governing board of each school district to evaluate and
assess certificated employee performance as it reasonably relates to
the progress of pupils, instructional techniques and strategies, the
employee's adherence to curricular objectives, and the establishment
and maintenance of a suitable learning environment.
   This bill would authorize a school district to use data from the
California Education Information System, including data from the
California Longitudinal Pupil Achievement Data System, for purposes
of evaluating the performance of a certificated employee and
determining whether to require the employee to complete professional
development activities as a result of the evaluation.
   (2) Existing law authorizes the dismissal of a permanent
certificated employee only for one of several specified causes,
including unsatisfactory performance.
   This bill would provide, for purposes of that provision, that
unsatisfactory performance also includes, but is not limited to, the
failure of a certificated employee to satisfactorily complete
professional development activities required as a result of receiving
an unsatisfactory rating on a performance evaluation that is based
in whole or in part on data from the California Education Information
System.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44660.1 is added to the Education Code, to
read:
   44660.1.  A school district may use data from the California
Education Information System, including data from the California
Longitudinal Pupil Achievement Data System, for purposes of
evaluating the performance of a certificated employee pursuant to
this article and determining whether to require the employee to
complete professional development activities as a result of the
evaluation.
  SEC. 2.  Section 44932 of the Education Code is amended to read:
   44932.  (a) No permanent employee shall be dismissed except for
one or more of the following causes:
   (1) Immoral or unprofessional conduct.
   (2) 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 thereof.
   (3) Dishonesty.
   (4) Unsatisfactory performance.  For purposes of this
paragraph, unsatisfactory performance i   nclude  
s,   but is not limited to, th   e failure of a
certificated employee to satisfactorily complete professional
development activities required as a result of receiving an
unsatisfactory rating on a performance evaluation   pursuant
to Article 11 (commencing with Section 44660) of Chapter 3 
 that is based in whole or in part on data from the California
Education Information System. 
   (5) Evident unfitness for service.
   (6) Physical or mental condition unfitting him or her to instruct
or associate with children.
   (7) 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 of Education or by the
governing board of the school district employing him or her.
   (8) Conviction of a felony or of any crime involving moral
turpitude.
   (9) Violation of Section 51530 or conduct specified in Section
1028 of the Government Code, added by Chapter 1418 of the Statutes of
1947.
   (10) Knowing membership by the employee in the Communist Party.
   (11) Alcoholism or other drug abuse which 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 or, in a school district
with an average daily attendance of less than 250 pupils, a
probationary employee, pursuant to the procedures specified in
Sections 44933, 44934, 44935, 44936, 44937, 44943, and 44944. This
authorization shall not apply to any school district which has
adopted a collective bargaining agreement pursuant to subdivision (b)
of Section 3543.2 of the Government Code.