Amended in Assembly March 25, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 575


Introduced by Assemblybegin delete Memberend deletebegin insert Membersend insert O'Donnellbegin insert and Atkinsend insert

February 24, 2015


An act to amend Section 33050 of, to amend and repeal Section 44661.5 of, to amend, repeal, and add Sections 44660, 44661, 44662, and 44664 of, and to add Sections 44662.1, 44662.5, 44662.6, and 44662.7 to, the Education Code, and to amend, repeal, and add Section 17581.6 of the Government Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 575, as amended, O'Donnell. Teachers: best practices teacher evaluation system.

(1) Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the State Board of Education to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions.

This bill would include additional specified provisions of the Education Code, relating to teacher evaluation, that may not be waived.

(2) Existing law states the intent of the Legislature that governing boards of school districts 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 establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, the instructional techniques and strategies used by the employee, the employee’s adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities.

This bill would provide that the provisions described above would become inoperative on July 1, 2018. The bill would state findings and declarations of the Legislature regarding the nature of effective teachers and of the teaching profession. Commencing on July 1, 2018, the bill would require the governing board of each school districtbegin insert and the governing body of each charter schoolend insert to adopt and implement a locally negotiated best practices teacher evaluation system, described as one in which each teacher is evaluated on a continuing basis on the degree to which he or she accomplishes specific objectives and multiple observations of instructional and other professional practices that are conducted by trained evaluators. The bill would authorize the state board, in consultation with the Superintendent of Public Instruction and appropriate education stakeholder groups, to adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by schoolbegin delete districts,end deletebegin insert districts and charter schools,end insert as specified. The bill would, on or before May 1, 2016, require the governing board of each schoolbegin delete district,end deletebegin insert district and the governing body of each charter school,end insert at a regularly scheduled public hearing, to seek comment on the development and implementation of the best practices teacher evaluation system, and, on or before May 1 of each year prior to local negotiations required by law, to seek comment on the best practices teacher evaluation system.begin insert The bill would require if, by mutual agreement between the school district or charter school and the collective bargaining unit, an intermediate mid-year agreement is reached regarding a best practices teacher evaluation system, the negotiation timeline to allow time for the governing board of the school district or the governing body of the charter school to hold a public hearing to seek comment on the best practices teacher evaluation system.end insert The bill also would require the governing board of each school districtbegin insert and the governing body of each charter schoolend insert to disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing. The bill would also require the governing board of each school districtbegin insert and the governing body of each charter schoolend insert to establish and define job responsibilities for certificated, noninstructional employees and evaluate and assess their performance in relation to those responsibilities. The bill would provide that these provisions do not apply to certificated personnel who are employed on an hourly basis in adult education classes. The bill would also provide that the provisions of the best practices teacher evaluation system do not supersede or invalidate a teacher evaluation system that is locally negotiated and that is in effect at the time the best practices teacher evaluation system becomes operative.

(3) Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided, including at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as specified, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree.

This bill, commencing July 1, 2018, would require the evaluation and assessment of the above personnel at least every 3 years, except as locally negotiated and provided in the best practices teacher evaluation system.begin insert The bill would also require charter schools to comply with these provisions.end insert

(4) Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including a school district and a community college district, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law requires certain funds appropriated in the annual Budget Act for reimbursement of the cost of a new program or increased level of service of an existing program mandated by statute or executive order to be available as a block grant to school districts, county offices of education, and charter schools to support specified state-mandated local programs and permits those entities to elect to receive that block grant funding in lieu of claiming mandated costs pursuant to the state claims process.

This bill would, as of July 1, 2018, add the best practices teacher evaluation system to the state-mandated local programs supported by the block grant funding.

(5) This bill would update cross-references and would make other nonsubstantive changes.

(6) By requiring school districtsbegin insert and charter schoolsend insert to perform additional duties, this bill would impose a state-mandated local program.

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

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P4    1

SECTION 1.  

Section 33050 of the Education Code, as amended
2by Section 80 of Chapter 755 of the Statutes of 2014, is amended
3to read:

4

33050.  

(a) The governing board of a school district or a county
5board of education, on a districtwide or countywide basis or on
6behalf of one or more of its schools or programs, after a public
7hearing on the matter, may request the state board to waive all or
8part of any section of this code or any regulation adopted by the
9state board that implements a provision of this code that may be
10waived, except:

11(1) Article 1 (commencing with Section 15700) and Article 2
12(commencing with Section 15780) of Chapter 4 of Part 10 of
13Division 1 of Title 1.

14(2) Chapter 6 (commencing with Section 16000) of Part 10 of
15Division 1 of Title 1.

16(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
17(commencing with Section 17070.10), and Chapter 14
18(commencing with Section 17085) of Part 10 of Division 1 of Title
191.

20(4) Part 13 (commencing with Section 22000), Part 13.5
21(commencing with Section 25900), and Part 14 (commencing with
22Section 26000) of Division 1 of Title 1.

23(5) Section 35735.1.

24(6) Paragraph (8) of subdivision (a) of Section 37220.

25(7) The following provisions of Part 10.5 (commencing with
26Section 17210) of Division 1 of Title 1:

27(A) Chapter 1 (commencing with Section 17210).

P5    1(B) Article 1 (commencing with Section 17251) to Article 6
2(commencing with Section 17365), inclusive, of Chapter 3.

3(C) Sections 17416 to 17429, inclusive; Sections 17459 and
4 17462; subdivision (a) of Section 17464; and Sections 17582 to
517591, inclusive.

6(8) The following provisions of Part 24 (commencing with
7Section 41000) of Division 3.

8(A) Sections 41000 to 41360, inclusive.

9(B) Sections 41420 to 41423, inclusive.

10(C) Sections 41600 to 41863, inclusive.

11(D) Sections 41930 to 42850, inclusive.

12(9) Sections 44504 and 44505.

13(10) Article 11 (commencing with Section 44660) of Chapter
143 of Part 25 of Division 3.

15(11) Article 3 (commencing with Section 44930) of Chapter 4
16of Part 25 of Division 3 and regulations in Title 5 of the California
17Code of Regulations adopted pursuant to Article 3 (commencing
18with Section 44930) of Chapter 4 of Part 25 of Division 3.

19(12) Part 26 (commencing with Section 46000) of Division 4.

20(13) Chapter 6 (commencing with Section 48900) and Chapter
216.5 (commencing with Section 49060) of Part 27 of Division 4.

22(14) Section 51513.

23(15) Section 52163.

24(16) The identification and assessment criteria relating to any
25categorical aid program, including Sections 52164.1 and 52164.6.

26(17) Sections 52165, 52166, and 52178.

27(18) Article 3 (commencing with Section 52850) of Chapter 12
28of Part 28 of Division 4.

29(19) Section 56364.1, except that this restriction shall not
30prohibit the state board from approving any waiver of Section
3156364.2, relating to full inclusion.

32(20) Article 4 (commencing with Section 60640) of Chapter 5
33of Part 33 of Division 4, relating to the California Assessment of
34Student Performance and Progress (CAASPP), and any other
35provisions of Chapter 5 (commencing with Section 60600) of Part
3633 of Division 4 that establish requirements for the CAASPP.

37(b) Any waiver of provisions related to the programs identified
38in Section 52851 shall be granted only pursuant to Article 3
39(commencing with Section 52850) of Chapter 12 of Part 28 of
40Division 4.

P6    1(c) The waiver of an advisory committee required by law shall
2be granted only pursuant to Article 4 (commencing with Section
352870) of Chapter 12 of Part 28 of Division 4.

4(d) A request for a waiver submitted by the governing board of
5a school district or a county board of education pursuant to
6subdivision (a) shall include a written statement as to both of the
7following:

8(1) Whether the exclusive representative of employees, if any,
9as provided in Chapter 10.7 (commencing with Section 3540) of
10Division 4 of Title 1 of the Government Code, participated in the
11development of the waiver.

12(2) The exclusive representative’s position regarding the waiver.

13(e) A request for a waiver submitted pursuant to subdivision (a)
14relating to a regional occupational center or program established
15pursuant to Article 1 (commencing with Section 52300) of Chapter
169 of Part 28 of Division 4, which is operated by a joint powers
17entity established pursuant to Chapter 5 (commencing with Section
186500) of Division 7 of Title 1 of the Government Code, shall be
19submitted as a joint waiver request for each participating school
20district and shall meet both of the following conditions:

21(1) Each joint waiver request shall comply with all of the
22requirements of this article.

23(2) The submission of a joint waiver request shall be approved
24by a unanimous vote of the governing board of the joint powers
25agency.

26

SEC. 2.  

Section 44660 of the Education Code is amended to
27read:

28

44660.  

(a) It is the intent of the Legislature that governing
29boards establish a uniform system of evaluation and assessment
30of the performance of all certificated personnel within each school
31district of the state, including schools conducted or maintained by
32county superintendents of education. The system shall involve the
33development and adoption by each school district of objective
34evaluation and assessment guidelines that may, at the discretion
35of the governing board of the school district, be uniform throughout
36the school district or, for compelling reasons, be individually
37developed for territories or schools within the school district,
38provided that all certificated personnel of the school district shall
39be subject to a system of evaluation and assessment adopted
40pursuant to this article.

P7    1(b) This article does not apply to certificated personnel who are
2employed on an hourly basis in adult education classes.

3(c) This section shall become inoperative on July 1, 2018, and,
4as of January 1, 2019, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2019, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7

SEC. 3.  

Section 44660 is added to the Education Code, to read:

8

44660.  

(a) The Legislature finds and declares all of the
9following:

10(1) Teaching is a professional endeavor, in which effective
11practice is driven by an understanding of knowledge in the field
12and a commitment to all pupils and their families.

13(2) Excellent teaching requires knowledge, skills, artistry,
14passion, and commitment.

15(3) Effective teachers integrate ethical concern for children and
16society, extensive subject matter competence, thoughtfully selected
17pedagogical practices, and a depth of knowledge about their pupils,
18including knowledge of child and adolescent development and
19learning, an understanding of their individual strengths, interests,
20and needs, and knowledge about their families and communities.

21(4) Effective teachers share a common set of professional and
22ethical obligations that includes a profound and fundamental
23commitment to the growth and success of the individual pupils in
24their care as well as to the strengthening and continual revitalization
25of our democratic society.

26(5) Certificated, noninstructional employees share the same
27deep commitment to children, families, and communities, and they
28provide essential support and administrative services to pupils and
29teachers that enable pupils to succeed.

30(b) The Legislature further finds and declares that because
31teachers are the most important school-related factor for influencing
32pupil academic success the primary purpose of an evaluation
33system is to ensure that teachers meet the highest professional
34standards of effective teaching, thereby resulting in high levels of
35pupil learning.

36(c) This article does not apply to certificated personnel who are
37employed on an hourly basis in adult education classes.

38(d) This section shall become operative on July 1, 2018.

39

SEC. 4.  

Section 44661 of the Education Code is amended to
40read:

P8    1

44661.  

(a) In the development and adoption of guidelines and
2procedures pursuant to this article, the governing board of a school
3district shall avail itself of the advice of the certificated
4instructional personnel in the school district’s organization of
5certificated personnel.

6(b) This section shall become inoperative on July 1, 2018, and,
7as of January 1, 2019, is repealed, unless a later enacted statute,
8that becomes operative on or before January 1, 2019, deletes or
9extends the dates on which it becomes inoperative and is repealed.

10

SEC. 5.  

Section 44661 is added to the Education Code, to read:

11

44661.  

(a) The governing board of each school districtbegin insert and
12the governing body of each charter schoolend insert
shall adopt and
13implement a best practices teacher evaluation system as set forth
14in this article.

15(b) The best practices teacher evaluation system required to be
16adopted pursuant to this article shall be locally negotiated pursuant
17to Chapter 10.7 (commencing with Section 3540) of Division 4 of
18Title 1 of the Government Code. If the certificated employees of
19begin delete theend deletebegin insert aend insert school districtbegin insert or charter schoolend insert do not have an exclusive
20bargaining representative, the governing board of the school district
21begin insert or the governing body of the charter school, as applicable,end insert shall
22adopt objective evaluation and support components, as applicable,
23that are consistent with this article.

24(c) This section shall become operative on July 1, 2018.

25

SEC. 6.  

Section 44661.5 of the Education Code is amended to
26read:

27

44661.5.  

(a) When developing and adopting objective
28evaluation and assessment guidelines pursuant to Section 44660,
29a school district may, by mutual agreement between the exclusive
30representative of the certificated employees of the school district
31and the governing board of the school district, include any objective
32standards from the National Board for Professional Teaching
33Standards or any objective standards from the California Standards
34for the Teaching Profession if the standards to be included are
35consistent with this article. If the certificated employees of the
36school district do not have an exclusive representative, the school
37district may adopt objective evaluation and assessment guidelines
38consistent with this section.

39(b) This section shall become inoperative on July 1, 2018, and,
40as of January 1, 2019, is repealed, unless a later enacted statute,
P9    1that becomes operative on or before January 1, 2019, deletes or
2extends the dates on which it becomes inoperative and is repealed.

3

SEC. 7.  

Section 44662 of the Education Code is amended to
4read:

5

44662.  

(a) The governing board of each school district shall
6establish standards of expected pupil achievement at each grade
7level in each area of study.

8(b) The governing board of each school district shall evaluate
9and assess certificated employee performance as it reasonably
10relates to:

11(1) The progress of pupils toward the standards established
12pursuant to subdivision (a) and, if applicable, the state adopted
13academic content standards as measured by state adopted criterion
14referenced assessments.

15(2) The instructional techniques and strategies used by the
16 employee.

17(3) The employee’s adherence to curricular objectives.

18(4) The establishment and maintenance of a suitable learning
19environment, within the scope of the employee’s responsibilities.

20(c) The governing board of each school district shall establish
21and define job responsibilities for certificated noninstructional
22personnel, including, but not limited to, supervisory and
23administrative personnel, whose responsibilities cannot be
24evaluated appropriately under the provisions of subdivision (b)
25and shall evaluate and assess the performance of those
26noninstructional certificated employees as it reasonably relates to
27the fulfillment of those responsibilities.

28(d) Results of an employee’s participation in the California Peer
29Assistance and Review Program for Teachers established by Article
304.5 (commencing with Section 44500) shall be made available as
31part of the evaluation conducted pursuant to this section.

32(e) The evaluation and assessment of certificated employee
33performance pursuant to this section shall not include the use of
34publishers’ norms established by standardized tests.

35(f) Nothing in this section shall be construed as in any way
36limiting the authority of school district governing boards to develop
37and adopt additional evaluation and assessment guidelines or
38criteria.

39(g) This section shall become inoperative on July 1, 2018, and,
40as of January 1, 2019, is repealed, unless a later enacted statute,
P10   1that becomes operative on or before January 1, 2019, deletes or
2extends the dates on which it becomes inoperative and is repealed.

3

SEC. 8.  

Section 44662 is added to the Education Code, to read:

4

44662.  

(a) A best practices teacher evaluation system shall
5include, but not be limited to, the following attributes:

6(1) An evaluation of each teacher based on the degree to which
7he or she accomplishes the following objectives:

8(A) Engages and supports all pupils in learning, evidence of
9which may include, but is not limited to, evidence of high
10expectations and active pupil engagement for each pupil.

11(B) Creates and maintains effective environments for pupil
12learning, to the extent that those environments are within the
13 teacher’s control.

14(C) Understands and organizes subject matter for pupil learning,
15evidence of which may include, but is not limited to, extensive
16subject matter, content standards, and curriculum competence.

17(D) Plans instruction and designs learning experiences for all
18pupils, evidence of which may include, but is not limited to, use
19of differentiated instruction and practices based upon pupil progress
20and use of culturally responsive instruction, including, but not
21limited to, incorporation of multicultural information and content
22into the delivery of curriculum, to eliminate the achievement gap.

23(E) Uses pupil assessment information to inform instruction
24and to improve learning, evidence of which shall include, but is
25 not limited to, use of formative and summative assessments to
26adjust instructional practices to meet the needs of individual pupils.
27For certified employees who directly instruct English learner pupils
28in acquiring English language fluency, the assessment information
29shall include the results of assessments adopted pursuant to Chapter
307 (commencing with Section 60810) of Part 33 of Division 4.

31(F) Develops, as a professional educator, evidence of which
32may include, but is not limited to, consistent and positive
33relationships with pupils, parents, staff, and administrators, use of
34collaborative professional practices for improving instructional
35strategies, participation in identified professional growth
36opportunities, and use of meaningful self-assessment to improve
37as a professional educator.

38(G) Contributes to pupil academic growth based on multiple
39measures, as follows:

P11   1(i) Multiple measures shall include state and local formative
2and summative assessments in the grade levels and subjects that
3these assessments are administered.

4 (ii) Multiple measures may include, but are not limited to,
5classroom work, local and state academic assessments, and pupil
6grades, classroom participation, presentations and performances,
7and projects and portfolios.

8(iii) For certificated employees who directly instruct English
9learner pupils in acquiring English, measures shall include the
10degree to which pupils acquire the English language development
11standards adopted pursuant to former Section 60811.3, as that
12section read on June 30, 2013, or Section 60811.4, for the purpose
13of improving a pupil’s English proficiency. Pupil data used for
14purposes of teacher evaluation shall be confidential in the same
15manner as all other elements of a teacher’s personnel file.

16(2) Multiple observations of instructional and other professional
17practices that are conducted by evaluators who have been
18appropriately trained and calibrated to ensure consistency and who
19have demonstrated competence in teacher evaluation, as determined
20by the school district.

21(A) Multiple observations may include, but are not limited to,
22classroom observations, one-on-one discussions, and review of
23classroom materials and course of study.

24(B) Observations shall be conducted using a uniform evaluation
25tool that is appropriate to the teacher’s assignment.

26(C) Before each formal observation, the observer shall meet
27with the teacher to discuss the purpose of the observation.

28(D) After each formal observation, the observer shall meet with
29the teacher to discuss recommendations, as necessary, with regard
30to areas of improvement in the performance of the teacher.

31(3) A minimum of three performance levels for the evaluation
32of teacher performance for purposes of Section 44664.

33(4) Each of the attributes set forth in paragraph (1) shall account
34for not less than 10 percent of the overall evaluation for each
35teacher.

36(b) This section shall not be interpreted to prohibit a locally
37negotiated evaluation process from designating certificated
38employees to conduct, or participate in, evaluations of other
39certificated employees for purposes of determining needs for
40professional development or providing corrective advice for the
P12   1certificated employee being evaluated. A nonsupervisory
2certificated employee who conducts, or participates in, an
3evaluation pursuant to this article shall not be deemed to be
4exercising a management or supervisory function as defined by
5subdivision (g) or (m) of Section 3540.1 of the Government Code.

6(c) This section shall become operative on July 1, 2018.

7

SEC. 9.  

Section 44662.1 is added to the Education Code, to
8read:

9

44662.1.  

The state board, in consultation with the
10Superintendent and appropriate education stakeholder groups, may
11adopt nonregulatory guidance to support the implementation of a
12best practices teacher evaluation system by school districtsbegin insert and
13charter schoolsend insert
that may include all of the following:

14(a) Model evaluation systems that may be used by school
15districtsbegin insert and charter schoolsend insert to implement the best practices teacher
16evaluation system pursuant to Sections 44661 and 44662, as added
17by Sections 5 and 8 of Assembly Billbegin delete ____end deletebegin insert 575end insert of the 2015-16
18Regular Session.

19(b) Model processes for implementing observations of
20instructional and other professional practices pursuant to paragraph
21(2) of subdivision (a) of Section 44662, as added by Section 8 of
22 Assembly Billbegin delete ____end deletebegin insert 575end insert of the 2015-16 Regular Session.

23(c) Model processes for defining calibration for purposes of
24training evaluators pursuant to paragraph (2) of subdivision (a) of
25Section 44662, as added by Section 8 of Assembly Billbegin delete ____end deletebegin insert 575end insert
26 of the 2015-16 Regular Session.

27(d) Model processes for developing the observation tool that
28may be used for observations of instructional and other professional
29practices pursuant to paragraph (2) of subdivision (a) of Section
3044662, as added by Section 8 of Assembly Billbegin delete ____end deletebegin insert 575end insert of the
312015-16 Regular Session.

32(e) Model processes for determining and defining the
33performance levels for the evaluation of teacher performance
34pursuant to paragraph (3) of subdivision (a) of Section 44662, as
35added by Section 8 of Assembly Billbegin delete ____end deletebegin insert 575end insert of the 2015-16
36Regular Session.

37

SEC. 10.  

Section 44662.5 is added to the Education Code, to
38read:

39

44662.5.  

(a) The governing board of each school districtbegin insert and
40the governing body of each charter schoolend insert
shall establish and
P13   1define job responsibilities for certificated, noninstructional
2employees, including, but not limited to, supervisory and
3administrative personnel, whose responsibilities cannot be
4evaluated appropriately under the provisions of subdivision (a) of
5Section 44662. The governing board of each school districtbegin insert and
6the governing body of each charter schoolend insert
shall evaluate and assess
7the performance of certificated, noninstructional employees as it
8reasonably relates to the fulfillment of those responsibilities.

9(b) This section shall become operative on July 1, 2018.

10

SEC. 11.  

Section 44662.6 is added to the Education Code, to
11read:

12

44662.6.  

(a) (1) On or before May 1, 2016, the governing
13board of each schoolbegin delete district,end deletebegin insert district and the governing body of
14each charter school,end insert
at a regularly scheduled public hearing, shall
15seek comment on the development and implementation of the best
16practices teacher evaluation system. The governing board ofbegin delete aend deletebegin insert eachend insert
17 school districtbegin insert and the governing body of each charter schoolend insert shall
18use the comments received at the hearing to guide the development
19and implementation of the best practices teacher evaluation system.

20(2) On or before May 1 of each year prior to local negotiations
21required pursuant to Chapter 10.7 (commencing with Section 3540)
22of Division 4 of Title 1 of the Government Code, the governing
23board of each school districtbegin insert and the governing body of each
24charter schoolend insert
shall seek comment on the best practices teacher
25evaluation system.

begin insert

26(3) If, by mutual agreement between a school district or charter
27school and the collective bargaining unit, an intermediate mid-year
28agreement is reached regarding a best practices teacher evaluation
29system, the negotiation timeline shall allow time for the governing
30board of the school district or the governing body of the charter
31school to hold a public hearing to seek comment on the best
32practices teacher evaluation system.

end insert

33(b) Consistent with Section 3547 of the Government Code and
34no more than 30 days after the local negotiations required pursuant
35to Chapter 10.7 (commencing with Section 3540) of Division 4 of
36Title 1 of the Government Code, the governing board of each
37school districtbegin insert and the governing body of each charter schoolend insert shall
38disclose the provisions of the best practices teacher evaluation
39system at a regularly scheduled public hearing.

P14   1

SEC. 12.  

Section 44662.7 is added to the Education Code, to
2read:

3

44662.7.  

(a) This article does not supersede or invalidate a
4teacher evaluation system that is locally negotiated pursuant to
5Chapter 10.7 (commencing with Section 3540) of Division 4 of
6Title 1 of the Government Code and that is in effect at the time
7this section becomes operative. If a locally negotiated teacher
8evaluation system is in effect at the time this section becomes
9operative, the teacher evaluation system shall remain in effect until
10the parties to the agreement negotiate a successor agreement.

11(b) This section shall become operative on July 1, 2018.

12

SEC. 13.  

Section 44664 of the Education Code is amended to
13read:

14

44664.  

(a) Evaluation and assessment of the performance of
15each certificated employee shall be made on a continuing basis as
16follows:

17(1) At least once each school year for probationary personnel.

18(2) At least every other year for personnel with permanent status.

19(3) At least every five years for personnel with permanent status
20who have been employed at least 10 years with the school district,
21are highly qualified, if those personnel occupy positions that are
22required to be filled by a highly qualified professional by the
23federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
24et seq.), as defined in Section 7801 of Title 20 of the United States
25Code, and whose previous evaluation rated the employee as
26meeting or exceeding standards, if the evaluator and certificated
27employee being evaluated agree. The certificated employee or the
28evaluator may withdraw consent at any time.

29(b) The evaluation shall include recommendations, if necessary,
30as to areas of improvement in the performance of the employee.

31(1) If an employee is not performing his or her duties in a
32satisfactory manner according to the standards prescribed by the
33governing board of the school district, the employing authority
34shall notify the employee in writing of that fact and describe the
35 unsatisfactory performance.

36(2) The employing authority shall thereafter confer with the
37employee making specific recommendations as to areas of
38improvement in the employee’s performance and endeavor to assist
39the employee in his or her performance.

P15   1(3) If a permanent certificated employee has received an
2unsatisfactory evaluation, the employing authority shall annually
3evaluate the employee until the employee achieves a positive
4evaluation or is separated from the school district.

5(c) (1) An evaluation performed pursuant to this article that
6contains an unsatisfactory rating of an employee’s performance
7in the area of teaching methods or instruction may include the
8requirement that the certificated employee shall, as determined
9necessary by the employing authority, participate in a program
10designed to improve appropriate areas of the employee’s
11performance and to further pupil achievement and the instructional
12objectives of the employing authority.

13(2) If a school district participates in the California Peer
14Assistance and Review Program for Teachers established pursuant
15to Article 4.5 (commencing with Section 44500), a certificated
16employee who receives an unsatisfactory rating on an evaluation
17performed pursuant to this section shall participate in the California
18Peer Assistance and Review Program for Teachers.

19(d) Hourly and temporary hourly certificated employees, other
20than those employed in adult education classes who are excluded
21by the provisions of Section 44660, and substitute teachers may
22be excluded from the provisions of this section at the discretion
23of the governing board of the school district.

24(e) This section shall become inoperative on July 1, 2018, and,
25as of January 1, 2019, is repealed, unless a later enacted statute,
26that becomes operative on or before January 1, 2019, deletes or
27extends the dates on which it becomes inoperative and is repealed.

28

SEC. 14.  

Section 44664 is added to the Education Code, to
29read:

30

44664.  

(a) Evaluation and assessment of the performance of
31each certificated employee shall be made on a continuing basis as
32follows:

33(1) At least once each school year for probationary personnel.

34(2) At least every other year for personnel with permanent status.

35(3) begin insert(A)end insertbegin insertend insert Except as may be provided in the best practices teacher
36evaluation system locally negotiated pursuant to subdivision (b)
37of Section 44661, at least every three years for personnel with
38permanent status who have been employed at least 10 years with
39the schoolbegin delete district,end deletebegin insert district or charter school,end insert are highly qualified,
40if those personnel occupy positions that are required to be filled
P16   1by a highly qualified professional by the federal No Child Left
2Behind Act of 2001 (20 U.S.C. Sec. 6301 et seq.), as defined in
3Section 7801 of Title 20 of the United States Code, and whose
4previous evaluation rated the employee as meeting or exceeding
5standards, if the evaluator and certificated employee being
6evaluated agree. The certificated employee or the evaluator may
7withdraw consent at any time.

begin insert

8(B) The evaluator shall conduct at least one informal
9observation per year during a year when the certificated employee
10does not receive a formal performance evaluation and assessment.

end insert

11(b) The evaluation shall include recommendations, if necessary,
12as to areas of improvement in the performance of the employee.

13(1) If an employee is not performing his or her duties in a
14satisfactory manner according to the standards prescribed by the
15governing board of the schoolbegin delete district,end deletebegin insert district or the governing
16body of the charter school,end insert
the employing authority shall notify
17the employee in writing of that fact and describe the unsatisfactory
18performance.

19 (2) The employing authority shall thereafter confer with the
20employee making specific recommendations as to areas of
21improvement in the employee’s performance and endeavor to assist
22the employee in his or her performance.

23 (3) If a permanent certificated employee has received an
24unsatisfactory evaluation, the employing authority shall annually
25evaluate the employee until the employee achieves a positive
26evaluation or is separated from the schoolbegin delete district.end deletebegin insert district or
27charter school.end insert

28(c) (1) An evaluation performed pursuant to this article that
29contains an unsatisfactory rating of an employee’s performance
30in the area of teaching methods or instruction may include the
31requirement that the certificated employee shall, as determined
32necessary by the employing authority, participate in a program
33designed to improve appropriate areas of the employee’s
34performance and to further pupil achievement and the instructional
35objectives of the employing authority.

36(2) If a school districtbegin insert or charter schoolend insert participates in the
37California Peer Assistance and Review Program for Teachers
38established pursuant to Article 4.5 (commencing with Section
3944500), a certificated employeebegin insert of that school district or charter
40schoolend insert
who receives an unsatisfactory rating on an evaluation
P17   1performed pursuant to this section shall participate in the California
2Peer Assistance and Review Program for Teachers.

3(d) Hourly and temporary hourly certificated employees, other
4than those employed in adult education classes who are excluded
5by the provisions of Section 44660, and substitute teachers may
6be excluded from the provisions of this section at the discretion
7of the governing board of the schoolbegin delete district.end deletebegin insert district or the
8governing body of the charter school.end insert

9(e) This section shall become operative on July 1, 2018.

10

SEC. 15.  

Section 17581.6 of the Government Code is amended
11to read:

12

17581.6.  

(a) Funding apportioned pursuant to this section shall
13constitute reimbursement pursuant to Section 6 of Article XIII B
14of the California Constitution for the performance of any state
15mandates included in the statutes and executive orders identified
16in subdivision (e).

17(b) Any school district, county office of education, or charter
18school may elect to receive block grant funding pursuant to this
19section.

20(c) (1) A school district, county office of education, or charter
21school that elects to receive block grant funding pursuant to this
22section in a given fiscal year shall submit a letter requesting
23funding to the Superintendent of Public Instruction on or before
24August 30 of that fiscal year.

25(2) The Superintendent of Public Instruction shall, in the month
26of November of each year, apportion block grant funding
27appropriated pursuant to Item 6110-296-0001 of Section 2.00 of
28the annual Budget Act to all school districts, county offices of
29education, and charter schools that submitted letters requesting
30funding in that fiscal year according to the provisions of that item.

31(3) A school district or county office of education that receives
32block grant funding pursuant to this section shall not be eligible
33to submit claims to the Controller for reimbursement pursuant to
34Section 17560 for any costs of any state mandates included in the
35statutes and executive orders identified in subdivision (e) incurred
36in the same fiscal year during which the school district or county
37office of education received funding pursuant to this section.

38(d) Block grant funding apportioned pursuant to this section is
39subject to annual financial and compliance audits required by
40Section 41020 of the Education Code.

P18   1(e) Block grant funding apportioned pursuant to this section is
2specifically intended to fund the costs of the following programs
3and activities:

4(1) Academic Performance Index (01-TC-22; Chapter 3 of the
5Statutes of 1999, First Extraordinary Session; and Chapter 695 of
6the Statutes of 2000).

7(2) Agency Fee Arrangements (00-TC-17 and 01-TC-14;
8Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes
9of 2001).

10(3) AIDS Instruction and AIDS Prevention Instruction (CSM
114422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
121991; and Chapter 403 of the Statutes of 1998).

13(4) California State Teachers’ Retirement System (CalSTRS)
14Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994;
15Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838
16of the Statutes of 1997; Chapter 965 of the Statutes of 1998;
17Chapter 939 of the Statutes of 1999; and Chapter 1021 of the
18Statutes of 2000).

19(5) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes
20of 1994).

21(6) Charter Schools I, II, and III (CSM 4437, 99-TC-03, and
2299-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and
23673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998;
24and Chapter 78 of the Statutes of 1999).

25(7) Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes
26of 2002).

27(8) Child Abuse and Neglect Reportingbegin delete (01-TC-21:end deletebegin insert (01-TC-21;end insert
28 Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the
29Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311
30of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and
31Chapters 133 and 754 of the Statutes of 2001).

32(9) Collective Bargaining (CSM 4425; Chapter 961 of the
33Statutes of 1975).

34(10) Comprehensive School Safety Plans (98-TC-01 and
3599-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of
36the Statutes of 1999; and Chapter 828 of the Statutes of 2003).

37(11) Consolidation of Annual Parent Notification/Schoolsite
38Discipline Rules/Alternative Schools (CSM 4488, CSM 4461,
3999-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM
404462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
P19   1Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469
2of the Statutes of 1981; Chapter 459 of the Statutes of 1985;
3Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the
4Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988;
5Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the
6Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter
71296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997;
8Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the
9Statutes of 1999, First Extraordinary Session; Chapter 73 of the
10Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895
11of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).

12(12) Consolidation of Law Enforcement Agency Notification
13and Missing Children Reports (CSM 4505; Chapter 1117 of the
14Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of
151986; and Chapter 832 of the Statutes of 1999).

16(13) Consolidation of Notification to Teachers: Pupils Subject
17to Suspension or Expulsion I and II, and Pupil Discipline Records
18(00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).

19(14) County Office of Education Fiscal Accountability Reporting
20(97-TC-20; Chapters 917 and 1452 of the Statutes of 1987;
21Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of
22the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter
23323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes
24of 1993; Chapters 650 and 1002 of the Statutes of 1994; and
25Chapter 525 of the Statutes of 1995).

26(15) Criminal Background Checks (97-TC-16; Chapters 588
27and 589 of the Statutes of 1997).

28(16) Criminal Background Checks II (00-TC-05; Chapters 594
29and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of
301999).

31(17) Developer Fees (02-TC-42; Chapter 955 of the Statutes of
321977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the
33Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923
34of the Statutes of 1982; Chapter 1254 of the Statutes of 1983;
35Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes
36of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter
371228 of the Statutes of 1994).

38(18) Differential Pay and Reemployment (99-TC-02; Chapter
3930 of the Statutes of 1998).

P20   1(19) Expulsion of Pupil: Transcript Cost for Appeals (SMAS;
2Chapter 1253 of the Statutes of 1975).

3(20) Financial and Compliance Audits (CSM 4498 and CSM
44498-A; Chapter 36 of the Statutes of 1977).

5(21) Graduation Requirements (CSM 4181; Chapter 498 of the
6Statutes of 1983).

7(22) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter
81184 of the Statutes of 1975).

9(23) High School Exit Examination (00-TC-06; Chapter 1 of
10the Statutes of 1999, First Extraordinary Session; and Chapter 135
11of the Statutes of 1999).

12(24) Immunization Records (SB 90-120; Chapter 1176 of the
13Statutes of 1977).

14(25) Immunization Records--Hepatitis B (98-TC-05; Chapter
15325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979;
16Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes
17of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of
18the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995;
19Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882
20of the Statutes of 1997).

21(26) Interdistrict Attendance Permits (CSM 4442; Chapters 172
22and 742 of the Statutes of 1986; Chapter 853 of the Statutes of
231989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the
24Statutes of 1992).

25(27) Intradistrict Attendance (CSM 4454; Chapters 161 and 915
26of the Statutes of 1993).

27(28) Juvenile Court Notices II (CSM 4475; Chapters 1011 and
281423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994;
29and Chapter 71 of the Statutes of 1995).

30(29) Notification of Truancy (CSM 4133; Chapter 498 of the
31Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter
3219 of the Statutes of 1995).

33(30) Parental Involvement Programs (03-TC-16; Chapter 1400
34of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of
351998; and Chapter 1037 of the Statutes of 2002).

36(31) Physical Performance Tests (96-365-01; Chapter 975 of
37the Statutes of 1995).

38(32) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the
39Statutes of 1978).

P21   1(33) Public Contracts (02-TC-35; Chapter 1073 of the Statutes
2of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the
3Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter
4321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992;
5and Chapter 726 of the Statutes of 1994).

6(34) Pupil Health Screenings (CSM 4440; Chapter 1208 of the
7Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter
8750 of the Statutes of 1992).

9(35) Pupil Promotion and Retention (98-TC-19; Chapter 100
10of the Statutes of 1981; Chapter 1388 of the Statutes of 1982;
11Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes
12of 1990; and Chapters 742 and 743 of the Statutes of 1998).

13(36) Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes
14of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the
15Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332
16of the Statutes of 1986; Chapter 445 of the Statutes of 1992;
17Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes
18of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of
19the Statutes of 1996; and Chapter 492 of the Statutes of 2000).

20(37) Pupil Expulsions (CSM 4455; Chapter 1253 of the Statutes
21of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the
22Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498
23of the Statutes of 1983; Chapter 622 of the Statutes of 1984;
24Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes
25of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256,
26and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes
27of 1994).

28(38) Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the
29Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668
30of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).

31(39) Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes
32of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the
33Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856
34of the Statutes of 1985; and Chapter 134 of the Statutes of 1987).

35(40) School Accountability Report Cards (97-TC-21, 00-TC-09,
3600-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997;
37Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes
38of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the
39Statutes of 1992; and Chapter 1463 of the Statutes of 1989).

P22   1(41) School District Fiscal Accountability Reporting (97-TC-19;
2Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes
3of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and
41452 of the Statutes of 1987; Chapters 1461 and 1462 of the
5Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter
61213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
7Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and
81002 of the Statutes of 1994; and Chapter 525 of the Statutes of
91995).

10(42) School District Reorganization (98-TC-24; Chapter 1192
11of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).

12(43) Student Records (02-TC-34; Chapter 593 of the Statutes
13of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the
14Statutes of 1998; and Chapter 67 of the Statutes of 2000).

15(44) The Stull Act (98-TC-25; Chapter 498 of the Statutes of
161983; and Chapter 4 of the Statutes of 1999).

17(45) Threats Against Peace Officers (CSM 96-365-02; Chapter
181249 of the Statutes of 1992; and Chapter 666 of the Statutes of
191995).

20(46) Uniform Complaint Procedures (03-TC-02; Chapter 1117
21of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and
22Chapter 914 of the Statutes of 1998).

23(47) Williams Case Implementation I, II, and III (05-TC-04,
2407-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the
25Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704
26of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).

27(48) Pupil Expulsions II, Pupil Suspensions II, and Educational
28Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22,
2901-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the
30Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of
311996; Chapter 637 of the Statutes of 1997; Chapter 498 of the
32Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147
33of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).

34(f) Notwithstanding Section 10231.5, on or before November
351 of each fiscal year, the Superintendent of Public Instruction shall
36produce a report that indicates the total amount of block grant
37funding each school district, county office of education, and charter
38school received in that fiscal year pursuant to this section. The
39Superintendent of Public Instruction shall provide this report to
40the appropriate fiscal and policy committees of the Legislature,
P23   1the Controller, the Department of Finance, and the Legislative
2Analyst’s Office.

3(g) This section shall become inoperative on July 1, 2018, and,
4as of January 1, 2019, is repealed, unless a later enacted statute,
5that becomes operative on or before January 1, 2019, deletes or
6extends the dates on which it becomes inoperative and is repealed.

7

SEC. 16.  

Section 17581.6 is added to the Government Code,
8to read:

9

17581.6.  

(a) Funding apportioned pursuant to this section shall
10constitute reimbursement pursuant to Section 6 of Article XIII B
11of the California Constitution for the performance of any state
12mandates included in the statutes and executive orders identified
13in subdivision (e).

14(b) Any school district, county office of education, or charter
15school may elect to receive block grant funding pursuant to this
16section.

17(c) (1) A school district, county office of education, or charter
18school that elects to receive block grant funding pursuant to this
19section in a given fiscal year shall submit a letter requesting
20funding to the Superintendent of Public Instruction on or before
21August 30 of that fiscal year.

22(2) The Superintendent of Public Instruction shall, in the month
23of November of each year, apportion block grant funding
24appropriated pursuant to Item 6110-296-0001 of Section 2.00 of
25the annual Budget Act to all school districts, county offices of
26education, and charter schools that submitted letters requesting
27funding in that fiscal year according to the provisions of that item.

28(3) A school district or county office of education that receives
29block grant funding pursuant to this section shall not be eligible
30to submit claims to the Controller for reimbursement pursuant to
31Section 17560 for any costs of any state mandates included in the
32statutes and executive orders identified in subdivision (e) incurred
33in the same fiscal year during which the school district or county
34office of education received funding pursuant to this section.

35(d) Block grant funding apportioned pursuant to this section is
36subject to annual financial and compliance audits required by
37Section 41020 of the Education Code.

38(e) Block grant funding apportioned pursuant to this section is
39specifically intended to fund the costs of the following programs
40and activities:

P24   1(1) Academic Performance Index (01-TC-22; Chapter 3 of the
2Statutes of 1999, First Extraordinary Session; and Chapter 695 of
3the Statutes of 2000).

4(2) Agency Fee Arrangements (00-TC-17 and 01-TC-14;
5Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes
6of 2001).

7(3) AIDS Instruction and AIDS Prevention Instruction (CSM
84422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
91991; and Chapter 403 of the Statutes of 1998).

10(4) California State Teachers’ Retirement System (CalSTRS)
11Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994;
12Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838
13of the Statutes of 1997; Chapter 965 of the Statutes of 1998;
14Chapter 939 of the Statutes of 1999; and Chapter 1021 of the
15Statutes of 2000).

16(5) Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes
17of 1994).

18(6) Charter Schools I, II, and III (CSM 4437, 99-TC-03, and
1999-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and
20673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998;
21and Chapter 78 of the Statutes of 1999).

22(7) Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes
23of 2002).

24(8) Child Abuse and Neglect Reportingbegin delete (01-TC-21:end deletebegin insert (01-TC-21;end insert
25 Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the
26Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311
27of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and
28Chapters 133 and 754 of the Statutes of 2001).

29(9) Collective Bargaining (CSM 4425; Chapter 961 of the
30Statutes of 1975).

31(10) Comprehensive School Safety Plans (98-TC-01 and
3299-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of
33the Statutes of 1999; and Chapter 828 of the Statutes of 2003).

34(11) Consolidation of Annual Parent Notification/Schoolsite
35Discipline Rules/Alternative Schools (CSM 4488, CSM 4461,
3699-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM
374462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
38Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469
39of the Statutes of 1981; Chapter 459 of the Statutes of 1985;
40Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the
P25   1Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988;
2Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the
3Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter
41296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997;
5Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the
6Statutes of 1999, First Extraordinary Session; Chapter 73 of the
7Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895
8of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).

9(12) Consolidation of Law Enforcement Agency Notification
10and Missing Children Reports (CSM 4505; Chapter 1117 of the
11Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of
121986; and Chapter 832 of the Statutes of 1999).

13(13) Consolidation of Notification to Teachers: Pupils Subject
14to Suspension or Expulsion I and II, and Pupil Discipline Records
15(00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).

16(14) County Office of Education Fiscal Accountability Reporting
17(97-TC-20; Chapters 917 and 1452 of the Statutes of 1987;
18Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of
19the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter
20323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes
21of 1993; Chapters 650 and 1002 of the Statutes of 1994; and
22Chapter 525 of the Statutes of 1995).

23(15) Criminal Background Checks (97-TC-16; Chapters 588
24and 589 of the Statutes of 1997).

25(16) Criminal Background Checks II (00-TC-05; Chapters 594
26and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of
271999).

28(17) Developer Fees (02-TC-42; Chapter 955 of the Statutes of
291977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the
30Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923
31of the Statutes of 1982; Chapter 1254 of the Statutes of 1983;
32Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes
33of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter
341228 of the Statutes of 1994).

35(18) Differential Pay and Reemployment (99-TC-02; Chapter
3630 of the Statutes of 1998).

37(19) Expulsion of Pupil: Transcript Cost for Appeals (SMAS;
38Chapter 1253 of the Statutes of 1975).

39(20) Financial and Compliance Audits (CSM 4498 and CSM
40 4498-A; Chapter 36 of the Statutes of 1977).

P26   1(21) Graduation Requirements (CSM 4181; Chapter 498 of the
2Statutes of 1983).

3(22) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter
41184 of the Statutes of 1975).

5(23) High School Exit Examination (00-TC-06; Chapter 1 of
6the Statutes of 1999, First Extraordinary Session; and Chapter 135
7of the Statutes of 1999).

8(24) Immunization Records (SB 90-120; Chapter 1176 of the
9Statutes of 1977).

10(25) Immunization Records--Hepatitis B (98-TC-05; Chapter
11325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979;
12Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes
13of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of
14the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995;
15Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882
16of the Statutes of 1997).

17(26) Interdistrict Attendance Permits (CSM 4442; Chapters 172
18and 742 of the Statutes of 1986; Chapter 853 of the Statutes of
191989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the
20Statutes of 1992).

21(27) Intradistrict Attendance (CSM 4454; Chapters 161 and 915
22of the Statutes of 1993).

23(28) Juvenile Court Notices II (CSM 4475; Chapters 1011 and
241423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994;
25and Chapter 71 of the Statutes of 1995).

26(29) Notification of Truancy (CSM 4133; Chapter 498 of the
27Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter
2819 of the Statutes of 1995).

29(30) Parental Involvement Programs (03-TC-16; Chapter 1400
30of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of
311998; and Chapter 1037 of the Statutes of 2002).

32(31) Physical Performance Tests (96-365-01; Chapter 975 of
33the Statutes of 1995).

34(32) Prevailing Wage Rate (01-TC-28; Chapter 1249 of the
35Statutes of 1978).

36(33) Public Contracts (02-TC-35; Chapter 1073 of the Statutes
37of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the
38Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter
39321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992;
40and Chapter 726 of the Statutes of 1994).

P27   1(34) Pupil Health Screenings (CSM 4440; Chapter 1208 of the
2Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter
3750 of the Statutes of 1992).

4(35) Pupil Promotion and Retention (98-TC-19; Chapter 100
5of the Statutes of 1981; Chapter 1388 of the Statutes of 1982;
6Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes
7of 1990; and Chapters 742 and 743 of the Statutes of 1998).

8(36) Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes
9of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the
10Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332
11of the Statutes of 1986; Chapter 445 of the Statutes of 1992;
12Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes
13of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of
14the Statutes of 1996; and Chapter 492 of the Statutes of 2000).

15(37) Pupil Expulsions (CSM 4455; Chapter 1253 of the Statutes
16of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the
17Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498
18of the Statutes of 1983; Chapter 622 of the Statutes of 1984;
19Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes
20of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256,
21and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes
22of 1994).

23(38) Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the
24Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668
25of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).

26(39) Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes
27of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the
28Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856
29of the Statutes of 1985; and Chapter 134 of the Statutes of 1987).

30(40) School Accountability Report Cards (97-TC-21, 00-TC-09,
3100-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997;
32Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes
33of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the
34Statutes of 1992; and Chapter 1463 of the Statutes of 1989).

35(41) School District Fiscal Accountability Reporting (97-TC-19;
36Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes
37of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and
381452 of the Statutes of 1987; Chapters 1461 and 1462 of the
39Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter
401213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
P28   1Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and
21002 of the Statutes of 1994; and Chapter 525 of the Statutes of
31995).

4(42) School District Reorganization (98-TC-24; Chapter 1192
5of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).

6(43) Student Records (02-TC-34; Chapter 593 of the Statutes
7of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the
8Statutes of 1998; and Chapter 67 of the Statutes of 2000).

9(44) The best practices teacher evaluation system described in
10Sections 44661 and 44662 of the Education Code.

11(45) The Stull Act (98-TC-25; Chapter 498 of the Statutes of
121983; and Chapter 4 of the Statutes of 1999).

13(46) Threats Against Peace Officers (CSM 96-365-02; Chapter
141249 of the Statutes of 1992; and Chapter 666 of the Statutes of
151995).

16(47) Uniform Complaint Procedures (03-TC-02; Chapter 1117
17of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and
18Chapter 914 of the Statutes of 1998).

19(48) Williams Case Implementation I, II, and III (05-TC-04,
2007-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the
21Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704
22of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).

23(49) Pupil Expulsions II, Pupil Suspensions II, and Educational
24Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22,
2501-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the
26Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of
271996; Chapter 637 of the Statutes of 1997; Chapter 498 of the
28Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147
29of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).

30(f) Notwithstanding Section 10231.5, on or before November
311 of each fiscal year, the Superintendent of Public Instruction shall
32produce a report that indicates the total amount of block grant
33funding each school district, county office of education, and charter
34school received in that fiscal year pursuant to this section. The
35Superintendent of Public Instruction shall provide this report to
36the appropriate fiscal and policy committees of the Legislature,
37the Controller, the Department of Finance, and the Legislative
38Analyst’s Office.

39(g) This section shall become operative on July 1, 2018.

P29   1

SEC. 17.  

If the Commission on State Mandates determines
2that this act contains costs mandated by the state, reimbursement
3to local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.



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