Amended in Assembly May 4, 2015

Amended in Assembly April 7, 2015

Amended in Assembly March 25, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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, begin delete and end delete to add Sections begin insert 33050.5, end insert 35161.5, 44662.1, 44662.5, 44662.6, begin delete and 44662.7 end delete begin insert 44662.7, and 44672 end insert to, and to repeal and add Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of, 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: begin insert school end insert administrator evaluation.

(1) 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 begin delete district end delete begin insert district, each county board of education, end insert 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 the State Board of Education, 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 begin delete districts end delete begin insert districts, county offices of education, end insert and charter schools, as specified. The bill would, on or before May 1, 2016, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, require the governing board of each school begin delete district end delete begin insert district, each county board of education, end insert 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 year before 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 begin delete district end delete begin insert district, county office of education, end insert 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 begin delete district end delete begin insert district, county board of education, end insert 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 begin delete district end delete begin insert district, each county board of education, end insert 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 begin delete district end delete begin insert district, each county board of education, end insert and the governing body of each charter school to establish and define job responsibilities for certificated, noninstructional employees and begin insert whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system to end insert evaluate and assess their performance in relation to begin insert the fulfillment of end insert 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 insert By imposing additional duties on school districts, county offices of education, and charter schools, this bill would impose a state-mandated local program. end insert

(2) 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 begin insert county offices of education and end insert charter schools to comply with these provisions. begin insert By imposing additional duties on school districts, county offices of education, and charter schools, this bill would impose a state-mandated local program. end 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.

This bill would begin delete repeal end delete begin insert make end insert those provisions begin delete and end delete begin insert inoperative on July 1, 2018, and, commencing July 1, 2018, end insert would instead require the governing board of each school begin delete district end delete begin insert district, each county board of education, and the governing body of each charter school end insert 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 begin delete a end delete begin insert the end insert school begin delete district end delete begin insert district, the county board of education, and the governing body of the charter school end insert to identify who will conduct the evaluation of each school administrator. By imposing additional duties on school begin delete district end delete begin insert district, county office of education, and charter school end insert officials, the bill would impose a state-mandated local program.

(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.

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

(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.

(6) 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 begin insert and the school administrator evaluation system end insert to the state-mandated local programs supported by the block grant funding.

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

begin delete

(8) By requiring school districts and charter schools to perform additional duties, this bill would impose a state-mandated local program.

end delete begin delete

The

end delete

begin insert (8)The end insert 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:

SECTION 1.  

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

33050.  

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

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

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

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

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

(5) Section 35735.1.

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

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

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

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

(C) Sections 17416 to 17429, inclusive; Sections 17459 and
17462; subdivision (a) of Section 17464; and Sections 17582 to
17591, inclusive.

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

(A) Sections 41000 to 41360, inclusive.

(B) Sections 41420 to 41423, inclusive.

(C) Sections 41600 to 41863, inclusive.

(D) Sections 41930 to 42850, inclusive.

(9) Sections 44504 and 44505.

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

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

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

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

(14) Chapter 6 (commencing with Section 48900) and Chapter
6.5 (commencing with Section 49060) of Part 27 of Division 4.

(15) Section 51513.

(16) Section 52163.

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

(18) Sections 52165, 52166, and 52178.

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

(20) Section 56364.1, except that this restriction shall not
prohibit the state board from approving any waiver of Section
56364.2, relating to full inclusion.

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

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

(c) The waiver of an advisory committee required by law shall
be granted only pursuant to Article 4 (commencing with Section
52870) of Chapter 12 of Part 28 of Division 4.

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

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

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

(e) A request for a waiver submitted pursuant to subdivision (a)
relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter
9 of Part 28 of Division 4, which is operated by a joint powers
entity established pursuant to Chapter 5 (commencing with Section
6500) of Division 7 of Title 1 of the Government Code, shall be
submitted as a joint waiver request for each participating school
district and shall meet both of the following conditions:

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

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

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 33050.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 33050.5. end insert   

(a) The state board shall not grant a waiver to the
governing body of a charter school, or to the chartering authority
of a charter school on behalf of the charter school, to waive the
requirements of the best practices teacher evaluation system
established pursuant to Article 11 (commencing with Section
44660) of Chapter 3 of Part 25 of Division 3 or the school
administrator evaluation system established pursuant to Article
13 (commencing with Section 44670) of Chapter 3 of Part 25 of
Division 3.

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

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 35161.5 is added to the Education Code, to
read:

35161.5.  

(a) The governing board of each school begin delete district end delete
begin insert district, each county board of education, and the governing body
of each charter school end insert shall establish standards of expected pupil
achievement at each grade level that it serves in each area of study.

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

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 44660 of the Education Code is amended to
read:

44660.  

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

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

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

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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

44660.  

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 44661 of the Education Code is amended to
read:

44661.  

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

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

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

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

44661.  

(a) The governing board of each school begin delete district end delete begin insert district,
each county board of education, end insert and the governing body of each
charter school shall adopt and implement a best practices teacher
evaluation system as set forth in this article.

(b) The best practices teacher evaluation system required to be
adopted pursuant to this article shall be locally negotiated pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code. If the certificated employees of
a school begin delete district end delete begin insert district, county office of education, end insert or charter
school do not have an exclusive bargaining representative, the
governing board of the school begin delete district end delete begin insert district, the county board
of education, end insert or the governing body of the charter school, as
applicable, shall adopt objective evaluation and support
components, as applicable, that are consistent with this article.

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

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

Section 44661.5 of the Education Code is amended to
read:

44661.5.  

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

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

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

Section 44662 of the Education Code is amended to
read:

44662.  

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

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

44662.  

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

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

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

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

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

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

(E) Uses pupil assessment information to inform instruction
and to improve learning, evidence of which shall include, but is
not limited to, use of formative and summative assessments to
adjust instructional practices to meet the needs of individual pupils.
For certificated employees who directly instruct English learner
pupils in acquiring English language fluency, the assessment
information shall include the results of assessments adopted
pursuant to Chapter 7 (commencing with Section 60810) of Part
33 of Division 4.

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

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

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

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

(iii) For certificated employees who directly instruct English
learner pupils in acquiring English, measures shall include the
degree to which pupils acquire the English language development
standards adopted pursuant to former Section 60811.3, as that
section read on June 30, 2013, or Section 60811.4, for the purpose
of improving a pupil’s English proficiency. begin delete Pupil end delete

begin insert (iv) end insert begin insert   end insert begin insert Pupil end insert data used for purposes of teacher evaluation shall be
confidential in the same manner as all other elements of a teacher’s
personnel file.

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

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

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

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

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

(E) Nothing in this subdivision shall prohibit evaluators from
conducting unscheduled classroom visits.

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

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

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

(c) This section shall not apply to certificated employees who
begin delete hold an administrative services credential, as defined in Section
44270. end delete begin insert perform a management employee or supervisory employee
function, as defined in subdivision (g) or (m), respectively, of
Section 3540.1 of the Government Code. end insert

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

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

begin delete SEC. 10. end delete
begin insert SEC. 11. end insert   

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

44662.1.  

The state board, in consultation with the
Superintendent and appropriate education stakeholder groups, may
adopt nonregulatory guidance to support the implementation of a
best practices teacher evaluation system by school begin delete districts end delete begin insert districts,
county offices of education, end insert and charter schools that may include
all of the following:

(a) Model evaluation systems that may be used by school
begin delete districts end delete begin insert districts, county offices of education, end insert and charter schools
to implement the best practices teacher evaluation system pursuant
to Sections 44661 and 44662, as added by Sections begin delete 6 end delete begin insert 7 end insert and begin delete 9 end delete begin insert 10 end insert
of Assembly Bill 575 of the 2015-16 Regular Session.

(b) Model processes for implementing observations of
instructional and other professional practices pursuant to paragraph
(2) of subdivision (a) of Section 44662, as added by Section begin delete 9 end delete begin insert 10 end insert
of Assembly Bill 575 of the 2015-16 Regular Session.

(c) Model processes for defining calibration for purposes of
training evaluators pursuant to paragraph (2) of subdivision (a) of
Section 44662, as added by Section begin delete 9 end delete begin insert 10 end insert of Assembly Bill 575 of
the 2015-16 Regular Session.

(d) Model processes for developing the observation tool that
may be used for observations of instructional and other professional
practices pursuant to paragraph (2) of subdivision (a) of Section
44662, as added by Section begin delete 9 end delete begin insert 10 end insert of Assembly Bill 575 of the
2015-16 Regular Session.

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

begin delete SEC. 11. end delete
begin insert SEC. 12. end insert   

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

44662.5.  

(a) The governing board of each school begin delete district end delete
begin insert district, each county board of education, end insert and the governing body
of each charter school shall establish and define job responsibilities
for certificated, noninstructional employees, including, but not
limited to, supervisory and administrative personnel, whose
responsibilities cannot be evaluated appropriately under the
provisions of subdivision (a) of Section 44662. The governing
board of each school begin delete district end delete begin insert district, each county board of
education, end insert and the governing body of each charter school shall
provide for the evaluation and assessment of the performance of
certificated, noninstructional employees as it reasonably relates to
the fulfillment of those responsibilities.

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

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

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

44662.6.  

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

(2) On or before May 1 of each year before local negotiations
required pursuant to Chapter 10.7 (commencing with Section 3540)
of Division 4 of Title 1 of the Government Code, the governing
board of each school begin delete district end delete begin insert district, each county board of
education, end insert and the governing body of each charter school shall
seek comment on the best practices teacher evaluation system. The
governing board of each school begin delete district end delete begin insert district, each county board
of education, end insert and the governing body of each charter school shall
also seek public comment on the best practices teacher evaluation
system both during local negotiations and before the final
agreement of local negotiations.

(3) If, by mutual agreement between a school begin delete district end delete begin insert district,
county office of education, end insert 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 shall allow time for the governing board of the school
begin delete district end delete begin insert district, each county board of education, end insert or the governing
body of the charter school to hold a public hearing to seek comment
on the best practices teacher evaluation system.

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

begin insert

(c) This section shall also apply to the school administrator
evaluation program established pursuant to Article 13
(commencing with Section 44670), as added by Section 17 of the
act adding this section.

end insert

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

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

44662.7.  

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

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

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

Section 44664 of the Education Code is amended to
read:

44664.  

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

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

44664.  

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

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

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

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

(B) The evaluator shall conduct at least one begin delete informal end delete
begin insert unscheduled end insert observation per year during a year when the
certificated employee does not receive a formal performance
evaluation and assessment.

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

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

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

(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the employee until the employee achieves a positive
evaluation or is separated from the school begin delete district end delete begin insert district, county
office of education, end insert or charter school.

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

begin insert

(2) For an evaluation performed pursuant to this article that
contains an unsatisfactory rating of a probationary certificated
employee’s performance in the area of teaching methods or
instruction, the employing authority may elect to offer a program
designed to improve appropriate areas of the probationary
certificated employee’s performance and to further pupil
achievement and the instructional objectives of the employing
authority.

end insert begin delete

(2)

end delete

begin insert (3) end insert  If a school begin delete district end delete begin insert district, county office of education, end insert or
charter school participates in the California Peer Assistance and
Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), a certificated employee of that
school district or charter school who receives an unsatisfactory
rating on an evaluation performed pursuant to this section shall
participate in the California Peer Assistance and Review Program
for Teachers.

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

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

begin delete

SEC. 16.  

Article 13 (commencing with Section 44670) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code
is repealed.

end delete

SEC. 17.  

Article 13 (commencing with Section 44670) is added
to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education
Code, to read:

 

Article 13.  Administrator Evaluations

 

44670.  

(a) The governing board of each school begin delete district end delete begin insert district,
each county board of education, and the governing body of each
charter school end insert shall 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 evaluation system shall include, but
not be limited to, all of the following attributes:

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

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

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

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

(3) 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, including, but
not limited to, supporting curricular and management leadership
in all of these areas and successfully implementing a best practices
teacher evaluation system established pursuant to Sections 44661
and 44662, added by Sections begin delete 6 end delete begin insert 7 end insert and begin delete 9 end delete begin insert 10 end insert of the act adding this
section.

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

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

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

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

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

(6) Providing professional leadership by understanding,
responding, and influencing the larger social, political, cultural
and legal context with the goal of ensuring pupil success, as
evidenced by working in collaboration with the governing board
of the school district, begin insert the county board of education, or the
governing body of the charter school, end insert bargaining units, and local
school, school begin delete district, end delete begin insert district or county office of education, end insert and
community leaders.

(b) The governing board of begin delete a end delete begin insert the end insert school begin delete district end delete begin insert district, the
county board of education, and the governing body of the charter
school end insert shall identify who will conduct the evaluation of each school
administrator.

(1) A school administrator shall be evaluated annually for the
first and second year of employment as a new administrator in a
school begin delete district. end delete begin insert district, county office of education, or charter
school. end insert The governing board of the school begin delete district end delete begin insert district, the
county board of education, or the governing body of the charter
school end insert may determine the frequency at regular intervals of
evaluations after this period.

(2) Additional evaluations that occur outside of the regular
intervals determined by the governing board of the school begin delete district end delete
begin insert district, the county board of education, or the governing body of
the charter school end insert shall be agreed upon between the evaluator and
the administrator.

(3) Evaluators and administrators shall review school success
and progress throughout the year. This review should include goals
that are defined by the school district, begin insert the county office of
education, or the governing body of the charter school, end insert including,
but not limited to, the goals specified in the local control and
accountability plan approved by the governing board of the school
district pursuant to Section begin delete 52060. end delete begin insert 52060 or by the county board
of education pursuant to Section 52066, or identified in the charter
school’s petition pursuant to clause (ii) of subparagraph (A) of
paragraph (5) of subdivision (b) of Section 47605. end insert

begin insert

(c) Notwithstanding any other law, a school administrator
evaluation system adopted pursuant to this article shall not omit
any of the attributes specified in this section.

end insert begin insert

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

end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 44672 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44672. end insert   

This article shall become inoperative on July 1, 2018,
and, as of January 1, 2019, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2019,
deletes or extends the dates on which it becomes inoperative and
is repealed.

end insert

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

Section 17581.6 of the Government Code is amended
to read:

17581.6.  

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

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

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

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

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

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

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

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

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

(3) AIDS Instruction and AIDS Prevention Instruction (CSM
4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
1991; and Chapter 403 of the Statutes of 1998).

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

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

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

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

(8) Child Abuse and Neglect Reporting (01-TC-21; Chapters
640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes
of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the
Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters
133 and 754 of the Statutes of 2001).

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

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

(11) Consolidation of Annual Parent Notification/Schoolsite
Discipline Rules/Alternative Schools (CSM 4488, CSM 4461,
99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM
4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469
of the Statutes of 1981; Chapter 459 of the Statutes of 1985;
Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the
Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988;
Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the
Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter
1296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997;
Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the
Statutes of 1999, First Extraordinary Session; Chapter 73 of the
Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895
of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).

(12) Consolidation of Law Enforcement Agency Notification
and Missing Children Reports (CSM 4505; Chapter 1117 of the
Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of
1986; and Chapter 832 of the Statutes of 1999).

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

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

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

(16) Criminal Background Checks II (00-TC-05; Chapters 594
and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of
1999).

(17) Developer Fees (02-TC-42; Chapter 955 of the Statutes of
1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the
Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923
of the Statutes of 1982; Chapter 1254 of the Statutes of 1983;
Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes
of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter
1228 of the Statutes of 1994).

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

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

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

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

(22) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter
1184 of the Statutes of 1975).

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

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

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

(26) Interdistrict Attendance Permits (CSM 4442; Chapters 172
and 742 of the Statutes of 1986; Chapter 853 of the Statutes of
1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the
Statutes of 1992).

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

(28) Juvenile Court Notices II (CSM 4475; Chapters 1011 and
1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994;
and Chapter 71 of the Statutes of 1995).

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

(30) Parental Involvement Programs (03-TC-16; Chapter 1400
of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of
1998; and Chapter 1037 of the Statutes of 2002).

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

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

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

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

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

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

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

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

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

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

(41) School District Fiscal Accountability Reporting (97-TC-19;
Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes
of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and
1452 of the Statutes of 1987; Chapters 1461 and 1462 of the
Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter
1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and
1002 of the Statutes of 1994; and Chapter 525 of the Statutes of
1995).

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

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

(44) The Stull Act (98-TC-25; Chapter 498 of the Statutes of
1983; and Chapter 4 of the Statutes of 1999).

(45) Threats Against Peace Officers (CSM 96-365-02; Chapter
1249 of the Statutes of 1992; and Chapter 666 of the Statutes of
1995).

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

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

(48) Pupil Expulsions II, Pupil Suspensions II, and Educational
Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22,
01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the
Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of
1996; Chapter 637 of the Statutes of 1997; Chapter 498 of the
Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147
of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).

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

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

begin delete SEC. 19. end delete
begin insert SEC. 20. end insert   

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

17581.6.  

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

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

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

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

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

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

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

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

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

(3) AIDS Instruction and AIDS Prevention Instruction (CSM
4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of
1991; and Chapter 403 of the Statutes of 1998).

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

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

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

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

(8) Child Abuse and Neglect Reporting (01-TC-21; Chapters
640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes
of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the
Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters
133 and 754 of the Statutes of 2001).

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

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

(11) Consolidation of Annual Parent Notification/Schoolsite
Discipline Rules/Alternative Schools (CSM 4488, CSM 4461,
99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM
4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the
Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469
of the Statutes of 1981; Chapter 459 of the Statutes of 1985;
Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the
Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988;
Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the
Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter
1296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997;
Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the
Statutes of 1999, First Extraordinary Session; Chapter 73 of the
Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895
of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).

(12) Consolidation of Law Enforcement Agency Notification
and Missing Children Reports (CSM 4505; Chapter 1117 of the
Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of
1986; and Chapter 832 of the Statutes of 1999).

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

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

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

(16) Criminal Background Checks II (00-TC-05; Chapters 594
and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of
1999).

(17) Developer Fees (02-TC-42; Chapter 955 of the Statutes of
1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the
Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923
of the Statutes of 1982; Chapter 1254 of the Statutes of 1983;
Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes
of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter
1228 of the Statutes of 1994).

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

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

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

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

(22) Habitual Truants (CSM 4487 and CSM 4487-A; Chapter
1184 of the Statutes of 1975).

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

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

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

(26) Interdistrict Attendance Permits (CSM 4442; Chapters 172
and 742 of the Statutes of 1986; Chapter 853 of the Statutes of
1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the
Statutes of 1992).

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

(28) Juvenile Court Notices II (CSM 4475; Chapters 1011 and
1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994;
and Chapter 71 of the Statutes of 1995).

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

(30) Parental Involvement Programs (03-TC-16; Chapter 1400
of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of
1998; and Chapter 1037 of the Statutes of 2002).

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

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

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

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

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

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

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

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

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

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

(41) School District Fiscal Accountability Reporting (97-TC-19;
Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes
of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and
1452 of the Statutes of 1987; Chapters 1461 and 1462 of the
Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter
1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992;
Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and
1002 of the Statutes of 1994; and Chapter 525 of the Statutes of
1995).

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

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

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

begin insert

(45) The school administrator evaluation system described in
Section 44670 of the Education Code.

end insert begin delete

(45)

end delete

begin insert (46) end insert  The Stull Act (98-TC-25; Chapter 498 of the Statutes of
1983; and Chapter 4 of the Statutes of 1999).

begin delete

(46)

end delete

begin insert (47) end insert  Threats Against Peace Officers (CSM 96-365-02; Chapter
1249 of the Statutes of 1992; and Chapter 666 of the Statutes of
1995).

begin delete

(47)

end delete

begin insert (48) end insert  Uniform Complaint Procedures (03-TC-02; Chapter 1117
of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and
Chapter 914 of the Statutes of 1998).

begin delete

(48)

end delete

begin insert (49) end insert  Williams Case Implementation I, II, and III (05-TC-04,
07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the
Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704
of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).

begin delete

(49)

end delete

begin insert (50) end insert  Pupil Expulsions II, Pupil Suspensions II, and Educational
Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22,
01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the
Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of
1996; Chapter 637 of the Statutes of 1997; Chapter 498 of the
Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147
of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).

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

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

begin delete SEC. 20. end delete
begin insert SEC. 21. end insert   

It is the intent of the Legislature to provide adequate
resources to train evaluators, continue robust beginning teacher
induction programs, and support struggling educators.

begin delete SEC. 21. end delete
begin insert SEC. 22. end insert   

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