Amended in Assembly April 7, 2015

Amended in Assembly March 25, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 575


Introduced by Assembly Members O'Donnell and Atkins

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 Sectionsbegin insert 35161.5,end insert 44662.1, 44662.5, 44662.6, and 44662.7 to,begin insert and to repeal and add Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of,end insert 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 evaluationbegin delete system.end deletebegin insert system: administrator evaluationend insertbegin insert.end insert

begin delete

(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.

end delete
begin delete

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

end delete
begin delete

(2)

end delete

begin insert(1)end insert 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 district and the governing body of each charter school 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 thebegin delete state board,end deletebegin insert State Board of Education,end insert 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 school districts and charter schools, as specified. The bill would, on or before May 1, 2016,begin insert or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later,end insert require the governing board of each school district and the governing body of each charter school, 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 yearbegin delete prior toend deletebegin insert beforeend insert local negotiations required by law, to seek comment on the best practices teacher evaluation system. 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. The bill also would require the governing board of each school district and the governing body of each charter school 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 district and the governing body of each charter school 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.

begin delete

(3)

end delete

begin insert(2)end insert 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. The bill would also require charter schools to comply with these provisions.

begin insert

(3) Existing law authorizes a school district to evaluate a principal annually for the principal’s first and 2nd year of employment as a new principal and authorizes additional evaluations, as specified.

end insert
begin insert

This bill would repeal those provisions and would instead require the governing board of each school district to establish a system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. The bill would require the evaluation system to include certain attributes, including, but not limited to, promoting the success of all pupils, advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, and ensuring the management, organization, and operation of a safe and successful learning environment as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate. The bill would require the governing board of a school district to identify who will conduct the evaluation of each school administrator. By imposing additional duties on school district officials, the bill would impose a state-mandated local program.

end insert
begin insert

(4) 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 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.

end insert
begin insert

This bill would add the above-mentioned provisions relating to teacher and administrator evaluation to the list of provisions that may not be waived.

end insert
begin insert

(5) This bill also would state the intent of the Legislature to provide adequate resources to train evaluators, continue robust beginning teacher induction programs, and support struggling educators.

end insert
begin delete

(4)

end delete

begin insert(6)end insert 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.

begin delete

(5)

end delete

begin insert(7)end insert This bill would update cross-references and would make other nonsubstantive changes.

begin delete

(6)

end delete

begin insert(8)end insert By requiring school districts and charter schools 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:

P5    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:

P6    1(A) Chapter 1 (commencing with Section 17210).

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

4(C) Sections 17416 to 17429, inclusive; Sections 17459 and
5 17462; subdivision (a) of Section 17464; and Sections 17582 to
617591, inclusive.

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

9(A) Sections 41000 to 41360, inclusive.

10(B) Sections 41420 to 41423, inclusive.

11(C) Sections 41600 to 41863, inclusive.

12(D) Sections 41930 to 42850, inclusive.

13(9) Sections 44504 and 44505.

14(10) Article 11 (commencing with Section 44660) of Chapter
153 of Part 25 of Division 3.

begin insert

16(11) Article 13 (commencing with Section 44670) of Chapter 3
17of Part 25 of Division 3.

end insert
begin delete

18(11)

end delete

19begin insert(12)end insert Article 3 (commencing with Section 44930) of Chapter 4
20of Part 25 of Division 3 and regulations in Title 5 of the California
21Code of Regulations adopted pursuant to Article 3 (commencing
22with Section 44930) of Chapter 4 of Part 25 of Division 3.

begin delete

23(12)

end delete

24begin insert(13)end insert Part 26 (commencing with Section 46000) of Division 4.

begin delete

25(13)

end delete

26begin insert(14)end insert Chapter 6 (commencing with Section 48900) and Chapter
276.5 (commencing with Section 49060) of Part 27 of Division 4.

begin delete

28(14)

end delete

29begin insert(15)end insert Section 51513.

begin delete

30(15)

end delete

31begin insert(16)end insert Section 52163.

begin delete

32(16)

end delete

33begin insert(17)end insert The identification and assessment criteria relating to any
34categorical aid program, including Sections 52164.1 and 52164.6.

begin delete

35(17)

end delete

36begin insert(18)end insert Sections 52165, 52166, and 52178.

begin delete

37(18)

end delete

38begin insert(19)end insert Article 3 (commencing with Section 52850) of Chapter 12
39of Part 28 of Division 4.

begin delete

40(19)

end delete

P7    1begin insert(20)end insert Section 56364.1, except that this restriction shall not
2prohibit the state board from approving any waiver of Section
356364.2, relating to full inclusion.

begin delete

4(20)

end delete

5begin insert(21)end insert Article 4 (commencing with Section 60640) of Chapter 5
6of Part 33 of Division 4, relating to the California Assessment of
7Student Performance and Progress (CAASPP), and any other
8provisions of Chapter 5 (commencing with Section 60600) of Part
933 of Division 4 that establish requirements for the CAASPP.

10(b) Any waiver of provisions related to the programs identified
11in Section 52851 shall be granted only pursuant to Article 3
12(commencing with Section 52850) of Chapter 12 of Part 28 of
13Division 4.

14(c) The waiver of an advisory committee required by law shall
15be granted only pursuant to Article 4 (commencing with Section
1652870) of Chapter 12 of Part 28 of Division 4.

17(d) A request for a waiver submitted by the governing board of
18a school district or a county board of education pursuant to
19subdivision (a) shall include a written statement as to both of the
20following:

21(1) Whether the exclusive representative of employees, if any,
22as provided in Chapter 10.7 (commencing with Section 3540) of
23Division 4 of Title 1 of the Government Code, participated in the
24development of the waiver.

25(2) The exclusive representative’s position regarding the waiver.

26(e) A request for a waiver submitted pursuant to subdivision (a)
27relating to a regional occupational center or program established
28pursuant to Article 1 (commencing with Section 52300) of Chapter
299 of Part 28 of Division 4, which is operated by a joint powers
30entity established pursuant to Chapter 5 (commencing with Section
316500) of Division 7 of Title 1 of the Government Code, shall be
32submitted as a joint waiver request for each participating school
33district and shall meet both of the following conditions:

34(1) Each joint waiver request shall comply with all of the
35requirements of this article.

36(2) The submission of a joint waiver request shall be approved
37by a unanimous vote of the governing board of the joint powers
38agency.

39begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 35161.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
40read:end insert

begin insert
P8    1

begin insert35161.5.end insert  

(a) The governing board of each school district shall
2establish standards of expected pupil achievement at each grade
3level that it serves in each area of study.

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

end insert
5

begin deleteSEC. 2.end delete
6begin insertSEC. 3.end insert  

Section 44660 of the Education Code is amended to
7read:

8

44660.  

(a) It is the intent of the Legislature that governing
9boards establish a uniform system of evaluation and assessment
10of the performance of all certificated personnel within each school
11district of the state, including schools conducted or maintained by
12county superintendents of education. The system shall involve the
13development and adoption by each school district of objective
14evaluation and assessment guidelines that may, at the discretion
15of the governing board of the school district, be uniform throughout
16the school district or, for compelling reasons, be individually
17developed for territories or schools within the school district,
18provided that all certificated personnel of the school district shall
19be subject to a system of evaluation and assessment adopted
20pursuant to this article.

21(b) This article does not apply to certificated personnel who are
22employed on an hourly basis in adult education classes.

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

27

begin deleteSEC. 3.end delete
28begin insertSEC. 4.end insert  

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

29

44660.  

(a) The Legislature finds and declares all of the
30following:

31(1) Teaching is a professional endeavor, in which effective
32practice is driven by an understanding of knowledge in the field
33and a commitment to all pupils and their families.

34(2) Excellent teaching requires knowledge, skills, artistry,
35passion, and commitment.

36(3) Effective teachers integrate ethical concern for children and
37society, extensive subject matter competence, thoughtfully selected
38pedagogical practices, and a depth of knowledge about their pupils,
39including knowledge of child and adolescent development and
P9    1learning, an understanding of their individual strengths, interests,
2and needs, and knowledge about their families and communities.

3(4) Effective teachers share a common set of professional and
4ethical obligations that includes a profound and fundamental
5commitment to the growth and success of the individual pupils in
6their care as well as to the strengthening and continual revitalization
7of our democratic society.

8(5) Certificated, noninstructional employees share the same
9deep commitment to children, families, and communities, and they
10provide essential support and administrative services to pupils and
11teachers that enable pupils to succeed.

12(b) The Legislature further finds and declares that because
13teachers are the most important school-related factor for influencing
14pupil academic success the primary purpose of an evaluation
15system is to ensure that teachers meet the highest professional
16standards of effective teaching, thereby resulting in high levels of
17pupil learning.

begin insert

18(c) The Legislature further finds and declares that the attributes
19of the best practices teacher evaluation system established pursuant
20to this article are based on the California Standards for the
21Teaching Profession adopted by the Commission on Teacher
22Credentialing in October of 2009, and the system of evaluation
23for school administrators established pursuant to Article 13
24(commencing with Section 44670) is based on the California
25Professional Standards for Educational Leaders adopted by the
26Commission on Teacher Credentialing in February of 2014.

end insert
begin delete

27(c)

end delete

28begin insert(d)end insert This article does not apply to certificated personnel who are
29employed on an hourly basis in adult education classes.

begin delete

30(d)

end delete

31begin insert(e)end insert This section shall become operative on July 1, 2018.

32

begin deleteSEC. 4.end delete
33begin insertSEC. 5.end insert  

Section 44661 of the Education Code is amended to
34read:

35

44661.  

(a) In the development and adoption of guidelines and
36procedures pursuant to this article, the governing board of a school
37district shall avail itself of the advice of the certificated
38instructional personnel in the school district’s organization of
39certificated personnel.

P10   1(b) This section shall become inoperative on July 1, 2018, and,
2as of January 1, 2019, is repealed, unless a later enacted statute,
3that becomes operative on or before January 1, 2019, deletes or
4extends the dates on which it becomes inoperative and is repealed.

5

begin deleteSEC. 5.end delete
6begin insertSEC. 6.end insert  

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

7

44661.  

(a) The governing board of each school district and
8the governing body of each charter school shall adopt and
9implement a best practices teacher evaluation system as set forth
10in this article.

11(b) The best practices teacher evaluation system required to be
12adopted pursuant to this article shall be locally negotiated pursuant
13to Chapter 10.7 (commencing with Section 3540) of Division 4 of
14Title 1 of the Government Code. If the certificated employees of
15 a school district or charter school do not have an exclusive
16bargaining representative, the governing board of the school district
17or the governing body of the charter school, as applicable, shall
18adopt objective evaluation and support components, as applicable,
19that are consistent with this article.

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

21

begin deleteSEC. 6.end delete
22begin insertSEC. 7.end insert  

Section 44661.5 of the Education Code is amended to
23read:

24

44661.5.  

(a) When developing and adopting objective
25evaluation and assessment guidelines pursuant to Section 44660,
26a school district may, by mutual agreement between the exclusive
27representative of the certificated employees of the school district
28and the governing board of the school district, include any objective
29standards from the National Board for Professional Teaching
30Standards or any objective standards from the California Standards
31for the Teaching Profession if the standards to be included are
32consistent with this article. If the certificated employees of the
33school district do not have an exclusive representative, the school
34district may adopt objective evaluation and assessment guidelines
35consistent with this section.

36(b) This section shall become inoperative on July 1, 2018, and,
37as of January 1, 2019, is repealed, unless a later enacted statute,
38that becomes operative on or before January 1, 2019, deletes or
39extends the dates on which it becomes inoperative and is repealed.

P11   1

begin deleteSEC. 7.end delete
2begin insertSEC. 8.end insert  

Section 44662 of the Education Code is amended to
3read:

4

44662.  

(a) The governing board of each school district shall
5establish standards of expected pupil achievement at each grade
6level in each area of study.

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

10(1) The progress of pupils toward the standards established
11pursuant to subdivision (a) and, if applicable, the state adopted
12academic content standards as measured by state adopted criterion
13referenced assessments.

14(2) The instructional techniques and strategies used by the
15 employee.

16(3) The employee’s adherence to curricular objectives.

17(4) The establishment and maintenance of a suitable learning
18environment, within the scope of the employee’s responsibilities.

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

27(d) Results of an employee’s participation in the California Peer
28Assistance and Review Program for Teachers established by Article
294.5 (commencing with Section 44500) shall be made available as
30part of the evaluation conducted pursuant to this section.

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

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

38(g) This section shall become inoperative on July 1, 2018, and,
39as of January 1, 2019, is repealed, unless a later enacted statute,
P12   1that becomes operative on or before January 1, 2019, deletes or
2extends the dates on which it becomes inoperative and is repealed.

3

begin deleteSEC. 8.end delete
4begin insertSEC. 9.end insert  

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

5

44662.  

(a) A best practices teacher evaluation system shall
6include, but not be limited to, the following attributes:

7(1) An evaluation of each teacher based on the degree to which
8he or she accomplishes the following objectives:

9(A) Engages and supports all pupils in learning, evidence of
10which may include, but is not limited to, evidence of high
11expectations and active pupil engagement for each pupil.

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

15(C) Understands and organizes subject matter for pupil learning,
16evidence of which may include, but is not limited to, extensive
17subject matter, content standards, and curriculum competence.

18(D) Plans instruction and designs learning experiences for all
19pupils, evidence of which may include, but is not limited to, use
20of differentiated instruction and practices based upon pupil progress
21and use of culturally responsive instruction, including, but not
22limited to, incorporation of multicultural information and content
23into the delivery of curriculum, to eliminate the achievement gap.

24(E) Uses pupil assessment information to inform instruction
25and to improve learning, evidence of which shall include, but is
26 not limited to, use of formative and summative assessments to
27adjust instructional practices to meet the needs of individual pupils.
28Forbegin delete certifiedend deletebegin insert certificatedend insert employees who directly instruct English
29learner pupils in acquiring English language fluency, the
30assessment information shall include the results of assessments
31adopted pursuant to Chapter 7 (commencing with Section 60810)
32of Part 33 of Division 4.

33(F) Develops, as a professional educator, evidence of which
34may include, but is not limited to, consistent and positive
35relationships with pupils, parents, staff, and administrators, use of
36collaborative professional practices for improving instructional
37strategies, participation in identified professional growth
38opportunities, and use of meaningful self-assessment to improve
39as a professional educator.

P13   1(G) Contributes to pupil academic growth based on multiple
2measures, as follows:

3(i) Multiple measures shall include state and local formative
4and summative assessments in the grade levels and subjects that
5these assessments are administered.

6 (ii) Multiple measures may include, but are not limited to,
7classroom work, local and state academic assessments, and pupil
8grades, classroom participation, presentations and performances,
9and projects and portfolios.

10(iii) For certificated employees who directly instruct English
11learner pupils in acquiring English, measures shall include the
12degree to which pupils acquire the English language development
13standards adopted pursuant to former Section 60811.3, as that
14section read on June 30, 2013, or Section 60811.4, for the purpose
15of improving a pupil’s English proficiency. Pupil data used for
16purposes of teacher evaluation shall be confidential in the same
17manner as all other elements of a teacher’s personnel file.

18(2) Multiple observations of instructional and other professional
19practices that are conducted by evaluators who have been
20appropriately trained and calibrated to ensure consistency and who
21have demonstrated competence in teacher evaluation, as determined
22by the school district.

23(A) Multiple observations may include, but are not limited to,
24classroom observations, one-on-one discussions, and review of
25classroom materials and course of study.

26(B) Observations shall be conducted using a uniform evaluation
27tool that is appropriate to the teacher’s assignment.

28(C) Before each formal observation, the observer shall meet
29with the teacher to discuss the purpose of the observation.

30(D) After each formal observation, the observer shall meet with
31the teacher to discuss recommendations, as necessary, with regard
32to areas of improvement in the performance of the teacher.

33begin insert(E)end insertbegin insertend insertbegin insertNothing in this subdivision shall prohibit evaluators from
34conducting unscheduled classroom visits.end insert

35(3) A minimum of three performance levels for the evaluation
36of teacher performance for purposes of Section 44664.

37(4) Each of the attributes set forth in paragraph (1) shall account
38for not less than 10 percent of the overall evaluation for each
39teacher.

P14   1(b) This section shall not be interpreted to prohibit a locally
2negotiated evaluation process from designating certificated
3employees to conduct, or participate in, evaluations of other
4certificated employees for purposes of determining needs for
5professional development or providing corrective advice for the
6certificated employee being evaluated. A nonsupervisory
7certificated employee who conducts, or participates in, an
8evaluation pursuant to this article shall not be deemed to be
9exercising a management or supervisory function as defined by
10subdivision (g) or (m) of Section 3540.1 of the Government Code.

begin insert

11(c) This section shall not apply to certificated employees who
12hold an administrative services credential, as defined in Section
1344270.

end insert
begin insert

14(d) Notwithstanding any other law, a best practices teacher
15evaluation system adopted pursuant to this article shall not omit
16any of the attributes specified in this section.

end insert
begin delete

17(c)

end delete

18begin insert(e)end insert This section shall become operative on July 1, 2018.

19

begin deleteSEC. 9.end delete
20begin insertSEC. 10.end insert  

Section 44662.1 is added to the Education Code, to
21read:

22

44662.1.  

The state board, in consultation with the
23Superintendent and appropriate education stakeholder groups, may
24adopt nonregulatory guidance to support the implementation of a
25best practices teacher evaluation system by school districts and
26charter schools that may include all of the following:

27(a) Model evaluation systems that may be used by school
28districts and charter schools to implement the best practices teacher
29evaluation system pursuant to Sections 44661 and 44662, as added
30by Sectionsbegin delete 5end deletebegin insert 6end insert andbegin delete 8end deletebegin insert 9end insert of Assembly Bill 575 of the 2015-16
31Regular Session.

32(b) Model processes for implementing observations of
33instructional and other professional practices pursuant to paragraph
34(2) of subdivision (a) of Section 44662, as added by Sectionbegin delete 8end deletebegin insert 9end insert
35 of Assembly Bill 575 of the 2015-16 Regular Session.

36(c) Model processes for defining calibration for purposes of
37training evaluators pursuant to paragraph (2) of subdivision (a) of
38Section 44662, as added by Sectionbegin delete 8end deletebegin insert 9end insert of Assembly Bill 575 of
39the 2015-16 Regular Session.

P15   1(d) Model processes for developing the observation tool that
2may be used for observations of instructional and other professional
3practices pursuant to paragraph (2) of subdivision (a) of Section
444662, as added by Sectionbegin delete 8end deletebegin insert 9end insert of Assembly Bill 575 of the
52015-16 Regular Session.

6(e) Model processes for determining and defining the
7performance levels for the evaluation of teacher performance
8pursuant to paragraph (3) of subdivision (a) of Section 44662, as
9added by Sectionbegin delete 8end deletebegin insert 9end insert of Assembly Bill 575 of the 2015-16 Regular
10Session.

11

begin deleteSEC. 10.end delete
12begin insertSEC. 11.end insert  

Section 44662.5 is added to the Education Code, to
13read:

14

44662.5.  

(a) The governing board of each school district and
15the governing body of each charter school shall establish and define
16job responsibilities for certificated, noninstructional employees,
17including, but not limited to, supervisory and administrative
18personnel, whose responsibilities cannot be evaluated appropriately
19under the provisions of subdivision (a) of Section 44662. The
20governing board of each school district and the governing body
21of each charter school shallbegin delete evaluate and assessend deletebegin insert provide for the
22evaluation and assessment of end insert
the performance of certificated,
23noninstructional employees as it reasonably relates to the
24fulfillment of those responsibilities.

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

26

begin deleteSEC. 11.end delete
27begin insertSEC. 12.end insert  

Section 44662.6 is added to the Education Code, to
28read:

29

44662.6.  

(a) (1) On or before May 1, 2016,begin insert or May 1 of the
30year that precedes the year in which an existing collective
31bargaining contract will expire, whichever is later,end insert
the governing
32board of each school district and the governing body of each charter
33school, at a regularly scheduled public hearing, shall seek comment
34on the development and implementation of the best practices
35teacher evaluation system. The governing board of each school
36district and the governing body of each charter school shall use
37the comments received at the hearing to guide the development
38and implementation of the best practices teacher evaluation system.

39(2) On or before May 1 of each yearbegin delete prior toend deletebegin insert beforeend insert local
40negotiations required pursuant to Chapter 10.7 (commencing with
P16   1Section 3540) of Division 4 of Title 1 of the Government Code,
2the governing board of each school district and the governing body
3of each charter school shall seek comment on the best practices
4teacher evaluation system.begin insert The governing board of each school
5district and the governing body of each charter school shall also
6seek public comment on the best practices teacher evaluation
7system both during local negotiations and before the final
8agreement of local negotiations.end insert

9(3) If, by mutual agreement between a school district or charter
10school and the collective bargaining unit, an intermediate mid-year
11agreement is reached regarding a best practices teacher evaluation
12system, the negotiation timeline shall allow time for the governing
13board of the school district or the governing body of the charter
14school to hold a public hearing to seek comment on the best
15practices teacher evaluation system.

16(b) Consistent with Section 3547 of the Government Code and
17no more than 30 days after the local negotiations required pursuant
18to Chapter 10.7 (commencing with Section 3540) of Division 4 of
19Title 1 of the Government Code, the governing board of each
20school district and the governing body of each charter school shall
21disclose the provisions of the best practices teacher evaluation
22system at a regularly scheduled public hearing.

23

begin deleteSEC. 12.end delete
24begin insertSEC. 13.end insert  

Section 44662.7 is added to the Education Code, to
25read:

26

44662.7.  

(a) This article does not supersede or invalidate a
27teacher evaluation system that is locally negotiated pursuant to
28Chapter 10.7 (commencing with Section 3540) of Division 4 of
29Title 1 of the Government Code and that is in effect at the time
30this section becomes operative. If a locally negotiated teacher
31evaluation system is in effect at the time this section becomes
32operative, the teacher evaluation system shall remain in effect until
33the parties to the agreement negotiate a successor agreement.begin insert A
34memorandum of understanding shall not extend the adoption of a
35locally negotiated teacher evaluation system that is in effect at the
36time this section becomes operative.end insert

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

38

begin deleteSEC. 13.end delete
39begin insertSEC. 14.end insert  

Section 44664 of the Education Code is amended to
40read:

P17   1

44664.  

(a) Evaluation and assessment of the performance of
2each certificated employee shall be made on a continuing basis as
3follows:

4(1) At least once each school year for probationary personnel.

5(2) At least every other year for personnel with permanent status.

6(3) At least every five years for personnel with permanent status
7who have been employed at least 10 years with the school district,
8are highly qualified, if those personnel occupy positions that are
9required to be filled by a highly qualified professional by the
10federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
11et seq.), as defined in Section 7801 of Title 20 of the United States
12Code, and whose previous evaluation rated the employee as
13meeting or exceeding standards, if the evaluator and certificated
14employee being evaluated agree. The certificated employee or the
15evaluator may withdraw consent at any time.

16(b) The evaluation shall include recommendations, if necessary,
17as to areas of improvement in the performance of the employee.

18(1) If an employee is not performing his or her duties in a
19satisfactory manner according to the standards prescribed by the
20governing board of the school district, the employing authority
21shall notify the employee in writing of that fact and describe the
22 unsatisfactory performance.

23(2) The employing authority shall thereafter confer with the
24employee making specific recommendations as to areas of
25improvement in the employee’s performance and endeavor to assist
26the employee in his or her performance.

27(3) If a permanent certificated employee has received an
28unsatisfactory evaluation, the employing authority shall annually
29evaluate the employee until the employee achieves a positive
30evaluation or is separated from the school district.

31(c) (1) An evaluation performed pursuant to this article that
32contains an unsatisfactory rating of an employee’s performance
33in the area of teaching methods or instruction may include the
34requirement that the certificated employee shall, as determined
35necessary by the employing authority, participate in a program
36designed to improve appropriate areas of the employee’s
37performance and to further pupil achievement and the instructional
38objectives of the employing authority.

39(2) If a school district participates in the California Peer
40Assistance and Review Program for Teachers established pursuant
P18   1to Article 4.5 (commencing with Section 44500), a certificated
2employee who receives an unsatisfactory rating on an evaluation
3performed pursuant to this section shall participate in the California
4Peer Assistance and Review Program for Teachers.

5(d) Hourly and temporary hourly certificated employees, other
6than those employed in adult education classes who are excluded
7by the provisions of Section 44660, and substitute teachers may
8be excluded from the provisions of this section at the discretion
9of the governing board of the school district.

10(e) This section shall become inoperative on July 1, 2018, and,
11as of January 1, 2019, is repealed, unless a later enacted statute,
12that becomes operative on or before January 1, 2019, deletes or
13extends the dates on which it becomes inoperative and is repealed.

14

begin deleteSEC. 14.end delete
15begin insertSEC. 15.end insert  

Section 44664 is added to the Education Code, to
16read:

17

44664.  

(a) Evaluation and assessment of the performance of
18each certificated employee shall be made on a continuing basis as
19follows:

20(1) At least once each school year for probationary personnel.

21(2) At least every other year for personnel with permanent status.

22(3) (A) Except as may be provided in the best practices teacher
23evaluation system locally negotiated pursuant to subdivision (b)
24of Section 44661, at least every three years for personnel with
25permanent status who have been employed at least 10 years with
26the school district or charter school, are highly qualified, if those
27personnel occupy positions that are required to be filled by a highly
28qualified professional by the federal No Child Left Behind Act of
292001 (20 U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of
30Title 20 of the United States Code, and whose previous evaluation
31rated the employee as meeting or exceeding standards, if the
32evaluator and certificated employee being evaluated agree. The
33certificated employee or the evaluator may withdraw consent at
34any time.

35(B) The evaluator shall conduct at least one informal observation
36per year during a year when the certificated employee does not
37receive a formal performance evaluation and assessment.

38(b) The evaluation shall include recommendations, if necessary,
39as to areas of improvement in the performance of the employee.

P19   1(1) If an employee is not performing his or her duties in a
2satisfactory manner according to the standards prescribed by the
3governing board of the school district or the governing body of
4the charter school, the employing authority shall notify the
5employee in writing of that fact and describe the unsatisfactory
6performance.

7 (2) The employing authority shall thereafter confer with the
8employee making specific recommendations as to areas of
9improvement in the employee’s performance and endeavor to assist
10the employee in his or her performance.

11 (3) If a permanent certificated employee has received an
12unsatisfactory evaluation, the employing authority shall annually
13evaluate the employee until the employee achieves a positive
14evaluation or is separated from the school district or charter school.

15(c) (1) An evaluation performed pursuant to this article that
16contains an unsatisfactory rating of an employee’s performance
17in the area of teaching methods or instruction may include the
18requirement that the certificated employee shall, as determined
19necessary by the employing authority, participate in a program
20designed to improve appropriate areas of the employee’s
21performance and to further pupil achievement and the instructional
22objectives of the employing authority.

23(2) If a school district or charter school participates in the
24California Peer Assistance and Review Program for Teachers
25established pursuant to Article 4.5 (commencing with Section
2644500), a certificated employee of that school district or charter
27school who receives an unsatisfactory rating on an evaluation
28performed pursuant to this section shall participate in the California
29Peer Assistance and Review Program for Teachers.

30(d) Hourly and temporary hourly certificated employees, other
31than those employed in adult education classes who are excluded
32by the provisions of Section 44660, and substitute teachers may
33be excluded from the provisions of this section at the discretion
34of the governing board of the school district or the governing body
35of the charter school.

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

37begin insert

begin insertSEC. 16.end insert  

end insert

begin insertArticle 13 (commencing with Section 44670) of
38Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert
begin insertEducation Codeend insert
39begin insert is repealed.end insert

P20   1begin insert

begin insertSEC. 17.end insert  

end insert

begin insertArticle 13 (commencing with Section 44670) is added
2to Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert
begin insertEducation
3Code
end insert
begin insert, to read:end insert

begin insert

4 

5Article begin insert13.end insert  Administrator Evaluations
6

 

7

begin insert44670.end insert  

(a) The governing board of each school district shall
8establish a system of evaluation for school administrators to guide
9their growth and performance with the purpose of supporting them
10as instructional leaders in order to raise pupil achievement. The
11evaluation system shall include, but not be limited to, all of the
12following attributes:

13(1) Promoting the success of all pupil by facilitating the
14development and implementation of a vision of pupil learning,
15including, but not limited to, communicating with parents, pupils,
16and the community regarding the importance of a standards-based
17education and high expectations for all pupils.

18(2) Advocating and supporting a safe, nurturing school culture
19that sustains a quality instructional program conducive to pupil
20learning and staff professional growth, including, but not limited
21to, all of the following:

22(A) Promoting equity, fairness, and respect among staff, pupils,
23and members of the school community with acknowledgment of
24the role cultural attributes have in pupil learning.

25(B) Supporting professional development opportunities for staff
26that encourage collaboration and effective instructional practice
27with the goal of improving outcomes for all pupils.

28(3) Ensuring the management, organization, and operation of
29a safe and successful learning environment, as evidenced by the
30establishment of effective practices for personnel and resource
31management, campus safety, and school climate, including, but
32not limited to, supporting curricular and management leadership
33in all of these areas and successfully implementing a best practices
34teacher evaluation system established pursuant to Sections 44661
35and 44662, added by Sections 6 and 9 of the act adding this section.

36(4) Collaborating with parents and the community to establish
37an inclusive school environment, including, but not limited to,
38embracing and recognizing that diversity strengthens a learning
39environment and promotes meaningful parent and community
40engagement, as required by Section 52062 for the development of
P21   1the local control and accountability plan established pursuant to
2Section 52060.

3(5) (A) Providing ethical and professional leadership that
4fosters effective instructional practice as evidenced by promoting
5quality teaching and instructional strategies and provides relevant,
6effective feedback that leads to pupil learning. School
7administrators shall be held accountable for the academic growth
8of pupils over time and academic growth shall be based on multiple
9measures that may include pupil work as well as pupil and school
10longitudinal data.

11(B) Multiple measures shall include state and local formative
12and summative assessments. For school administrators who
13supervise certificated staff that directly instruct English learner
14pupils acquiring English, assessment information shall include
15the results of assessments adopted pursuant to Chapter 7
16(commencing with Section 60810) of Part 33 of Division 4.

17(C) Multiple measures may include, but are not limited to,
18benchmark, end-of-chapter, end-of-course, advanced placement,
19international baccalaureate, college entrance, or performance
20assessments.

21(D) Pupil data used for purposes of an administrator evaluation
22shall be confidential in the same manner as all other elements of
23an administrator’s personnel file.

24(6) Providing professional leadership by understanding,
25responding, and influencing the larger social, political, cultural
26and legal context with the goal of ensuring pupil success, as
27evidenced by working in collaboration with the governing board
28of the school district, bargaining units, and local school, school
29district, and community leaders.

30(b) The governing board of a school district shall identify who
31will conduct the evaluation of each school administrator.

32(1) A school administrator shall be evaluated annually for the
33first and second year of employment as a new administrator in a
34school district. The governing board of the school district may
35determine the frequency at regular intervals of evaluations after
36this period.

37(2) Additional evaluations that occur outside of the regular
38intervals determined by the governing board of the school district
39shall be agreed upon between the evaluator and the administrator.

P22   1(3) Evaluators and administrators shall review school success
2and progress throughout the year. This review should include
3goals that are defined by the school district, including, but not
4limited to, the goals specified in the local control and
5accountability plan approved by the governing board of the school
6district pursuant to Section 52060.

end insert
7

begin deleteSEC. 15.end delete
8begin insertSEC. 18.end insert  

Section 17581.6 of the Government Code is amended
9to read:

10

17581.6.  

(a) Funding apportioned pursuant to this section shall
11constitute reimbursement pursuant to Section 6 of Article XIII B
12of the California Constitution for the performance of any state
13mandates included in the statutes and executive orders identified
14in subdivision (e).

15(b) Any school district, county office of education, or charter
16school may elect to receive block grant funding pursuant to this
17section.

18(c) (1) A school district, county office of education, or charter
19school that elects to receive block grant funding pursuant to this
20section in a given fiscal year shall submit a letter requesting
21funding to the Superintendent of Public Instruction on or before
22August 30 of that fiscal year.

23(2) The Superintendent of Public Instruction shall, in the month
24of November of each year, apportion block grant funding
25appropriated pursuant to Item 6110-296-0001 of Section 2.00 of
26the annual Budget Act to all school districts, county offices of
27education, and charter schools that submitted letters requesting
28funding in that fiscal year according to the provisions of that item.

29(3) A school district or county office of education that receives
30block grant funding pursuant to this section shall not be eligible
31to submit claims to the Controller for reimbursement pursuant to
32Section 17560 for any costs of any state mandates included in the
33statutes and executive orders identified in subdivision (e) incurred
34in the same fiscal year during which the school district or county
35office of education received funding pursuant to this section.

36(d) Block grant funding apportioned pursuant to this section is
37subject to annual financial and compliance audits required by
38Section 41020 of the Education Code.

P23   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 Reporting (01-TC-21; Chapters
28640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes
29of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the
30Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters
31133 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
P24   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).

P25   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).

P26   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).

P27   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,
P28   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

begin deleteSEC. 16.end delete
8begin insertSEC. 19.end insert  

Section 17581.6 is added to the Government Code,
9to read:

10

17581.6.  

(a) Funding apportioned pursuant to this section shall
11constitute reimbursement pursuant to Section 6 of Article XIII B
12of the California Constitution for the performance of any state
13mandates included in the statutes and executive orders identified
14in subdivision (e).

15(b) Any school district, county office of education, or charter
16school may elect to receive block grant funding pursuant to this
17section.

18(c) (1) A school district, county office of education, or charter
19school that elects to receive block grant funding pursuant to this
20section in a given fiscal year shall submit a letter requesting
21funding to the Superintendent of Public Instruction on or before
22August 30 of that fiscal year.

23(2) The Superintendent of Public Instruction shall, in the month
24of November of each year, apportion block grant funding
25appropriated pursuant to Item 6110-296-0001 of Section 2.00 of
26the annual Budget Act to all school districts, county offices of
27education, and charter schools that submitted letters requesting
28funding in that fiscal year according to the provisions of that item.

29(3) A school district or county office of education that receives
30block grant funding pursuant to this section shall not be eligible
31to submit claims to the Controller for reimbursement pursuant to
32Section 17560 for any costs of any state mandates included in the
33statutes and executive orders identified in subdivision (e) incurred
34in the same fiscal year during which the school district or county
35office of education received funding pursuant to this section.

36(d) Block grant funding apportioned pursuant to this section is
37subject to annual financial and compliance audits required by
38Section 41020 of the Education Code.

P29   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 Reporting (01-TC-21; Chapters
28640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes
29of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the
30Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters
31133 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
P30   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).

P31   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
4 4498-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).

P32   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).

P33   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 best practices teacher evaluation system described in
16Sections 44661 and 44662 of the Education Code.

17(45) The Stull Act (98-TC-25; Chapter 498 of the Statutes of
181983; and Chapter 4 of the Statutes of 1999).

19(46) Threats Against Peace Officers (CSM 96-365-02; Chapter
201249 of the Statutes of 1992; and Chapter 666 of the Statutes of
211995).

22(47) Uniform Complaint Procedures (03-TC-02; Chapter 1117
23of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and
24Chapter 914 of the Statutes of 1998).

25(48) Williams Case Implementation I, II, and III (05-TC-04,
2607-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the
27Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704
28of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).

29(49) Pupil Expulsions II, Pupil Suspensions II, and Educational
30Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22,
3101-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the
32Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of
331996; Chapter 637 of the Statutes of 1997; Chapter 498 of the
34Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147
35of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).

36(f) Notwithstanding Section 10231.5, on or before November
371 of each fiscal year, the Superintendent of Public Instruction shall
38produce a report that indicates the total amount of block grant
39funding each school district, county office of education, and charter
40school received in that fiscal year pursuant to this section. The
P34   1Superintendent of Public Instruction shall provide this report to
2the appropriate fiscal and policy committees of the Legislature,
3the Controller, the Department of Finance, and the Legislative
4Analyst’s Office.

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

6begin insert

begin insertSEC. 20.end insert  

end insert

begin insertIt is the intent of the Legislature to provide adequate
7resources to train evaluators, continue robust beginning teacher
8induction programs, and support struggling educators.end insert

9

begin deleteSEC. 17.end delete
10begin insertSEC. 21.end insert  

If the Commission on State Mandates determines that
11this act contains costs mandated by the state, reimbursement to
12local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.



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