California Legislature—2015–16 Regular Session

Assembly BillNo. 580


Introduced by Assembly Member O'Donnell

February 24, 2015


An act to repeal Sections 44504, 44505, 44506, and 44507 of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 580, as introduced, O'Donnell. Teachers: California Peer Assistance and Review Program for Teachers.

Existing law establishes the California Peer Assistance and Review Program for Teachers, which is a program established to assist teachers by setting forth performance goals, providing multiple observations of the teacher during periods of classroom instruction, and encouraging a cooperative relationship between the consulting teacher and the principal with respect to a process of peer assistance and review. Existing law provides for the implementation of the program by school districts that elect to participate in the program, and establishes a system for apportioning state funds to participating school districts. Existing law requires a school district that does not participate in the program to report the rationale for not participating annually at a regularly scheduled meeting of the governing board of the school district.

This bill would repeal specified provisions relating to the implementation and funding of this program and would delete an obsolete provision relating to the preparation of a comprehensive evaluation of the program.

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

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

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SECTION 1.  

Section 44504 of the Education Code is repealed.

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44504.  

(a) Except as provided in Section 44505, the California
3Peer Assistance and Review Program for Teachers shall become
4fully operational on July 1, 2001, on which date it shall completely
5replace the California Mentor Teacher Program established
6pursuant to Chapter 1302 of the Statutes of 1983 and set forth in
7Article 4 (commencing with Section 44490). This article is
8applicable to all school districts that elect to receive state funds
9for the California Peer Assistance and Review Program for
10Teachers. Commencing with the 2001-02 fiscal year, funding shall
11only be made available for purposes authorized by this article. A
12school district that elects to participate in the program established
13pursuant to this article shall certify to the Superintendent of Public
14Instruction by August 1, 2001, that it has implemented a Peer
15Assistance and Review Program for Teachers pursuant to this
16article.

17(b) A school district that does not elect to participate in the
18program authorized under this article by July 1, 2001, is not eligible
19for any apportionment, allocation, or other funding from an
20appropriation for the program authorized pursuant to this article
21or for any apportionments, allocations, or other funding from
22funding for local assistance appropriated pursuant to Budget Act
23Item 6110-231-0001, funding appropriated for the Administrator
24Training and Evaluation Program set forth in Article 3
25(commencing with Section 44681) of Chapter 3.1 of Part 25, from
26an appropriation for the Instructional Time and Staff Development
27Reform Program as set forth in Article 7.5 (commencing with
28Section 44579) of Chapter 3, or from an appropriation for school
29development plans as set forth in Article 1 (commencing with
30Section 44670.1) of Chapter 3.1 and the Superintendent of Public
31Instruction shall not apportion, allocate, or otherwise provide any
32funds to the district pursuant to those programs.

33(c) Commencing February 1, 2002, a school district that elects
34not to participate in the program authorized under this article shall
35report annually at a regularly scheduled meeting of the governing
36board of the school district on the rationale for not participating
37in the program.

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SEC. 2.  

Section 44505 of the Education Code is repealed.

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44505.  

(a) Between July 1, 1999, and June 30, 2000, a school
2district may notify the Superintendent of Public Instruction that it
3plans to implement, commencing July 1, 2000, a Peer Assistance
4and Review Program for Teachers pursuant to this article. Upon
5receipt of the notification by the school district, the Superintendent
6of Public Instruction shall apportion to the school district two
7thousand eight hundred dollars ($2,800) or an amount equal to the
8number of mentor teachers that the state calculated the school
9district is entitled to in the 1999-2000 fiscal year pursuant to
10Article 4 (commencing with Section 44490) multiplied by two
11thousand eight hundred dollars ($2,800), whichever is greater.

12(b) A school district that notifies the Superintendent of Public
13Instruction that it plans to implement a Peer Assistance and Review
14Program for Teachers by July 1, 2000, pursuant to subdivision (a),
15shall certify to the Superintendent of Public Instruction that it has
16implemented a program by August 1, 2000. In addition to the
17certification, the Superintendent of Public Instruction may request
18a copy of the signature page of the collective bargaining agreement
19implementing the program required pursuant to subdivision (a) of
20Section 44503. A school district that fails to provide the required
21certification is not eligible to receive an apportionment for the Peer
22Assistance and Review Program for Teachers pursuant to
23subdivision (a) of this section or subdivision (a) of Section 44498
24in the 2000-01 school year, or in any year thereafter. The school
25district, however, may be eligible to receive an apportionment for
26the Peer Assistance and Review Program for Teachers pursuant
27to subdivision (c) of this section and subdivision (a) of Section
2844498 in the 2000-01 school year, and in each year thereafter, if
29the school district complies with the requirements set forth in
30subdivisions (c) and (d).

31(c) Between July 1, 2000, and May 31, 2001, a school district
32may notify the Superintendent of Public Instruction that it plans
33to implement, commencing July 1, 2001, a Peer Assistance and
34Review Program for Teachers pursuant to this article. On or before
35June 29, 2001, the Superintendent of Public Instruction shall
36apportion to every school district that provides this notification an
37amount equal to the number of mentor teachers that the state
38calculated the school district is entitled to in the 1999-2000 school
39year pursuant to Article 4 (commencing with Section 44490) times
40a maximum of one thousand dollars ($1,000). Any school district
P4    1that provides this notification shall receive at least the amount that
2would be received pursuant to this section by a school district with
3one state funded mentor in the 2000-01 school year pursuant to
4Article 4 (commencing with Section 44490).

5(d) A school district that notifies the Superintendent of Public
6Instruction that it plans to implement a Peer Assistance and Review
7Program for Teachers by July 1, 2001, pursuant to subdivision (c),
8shall certify to the Superintendent of Public Instruction that it has
9implemented a program by July 1, 2001. In addition to the
10certification, the Superintendent of Public Instruction may request
11a copy of the signature page of the collective bargaining agreement
12implementing the program required pursuant to subdivision (a) of
13Section 44503. A school district that fails to provide the required
14certification is not eligible for any apportionment for the Peer
15Assistance and Review Program for Teachers received pursuant
16to subdivision (c) of this section, and subdivision (a) of Section
1744498 in the 2001-02 school year, or in any year thereafter.

18(e) The funding provided pursuant to subdivisions (a) and (c)
19of this section and subdivision (a) of Section 44498 shall be
20provided to eligible school districts in each year that the school
21operates a Peer Assistance and Review Program for Teachers.

22(f) The maximum amount of funds available for apportionment
23to school districts by the Superintendent of Public Instruction for
24allocation pursuant to subdivision (c) shall be the amount
25appropriated pursuant to subdivision (a) of Section 6 of the act
26adding this section, minus any funds apportioned by the
27Superintendent of Public Instruction to school districts pursuant
28to subdivision (a) as of June 30, 2000.

29(g) A school district may use funds apportioned pursuant to this
30section for activities necessary to implement the Peer Assistance
31and Review Program for Teachers.

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SEC. 3.  

Section 44506 of the Education Code is repealed.

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33

44506.  

(a) The state funding for this article subsequent to the
341999-2000 fiscal year is subject to an appropriation in the annual
35Budget Act.

36(b) A school district that receives funds for purposes of this
37article also may expend those funds for any of the following
38purposes:

P5    1(1) The Marian Bergeson Beginning Teacher Support and
2Assessment System as set forth in Article 4.5 (commencing with
3Section 44279.1) of Chapter 2.

4(2) A district intern program as set forth in Article 7.5
5(commencing with Section 44325) of Chapter 2.

6(3) Professional development or other educational activities
7previously provided pursuant to Article 4 (commencing with
8Section 44490) of Chapter 3, as it read prior to January 1, 2002.

9(4)  A program that supports the training and development of
10new teachers.

11(c) (1) The Superintendent shall determine a base funding unit
12rate for the California Peer Assistance and Review Program for
13Teachers that is equal to the total amount provided for the
14California Mentor Teacher Program in subdivision (b) of Section
156 of Chapter 4 of the Statutes of 1999 for the First Extraordinary
16Session, divided by the total number of mentor teachers that the
17state calculated the school district is entitled to in the 1999-2000
18fiscal year.

19(2)  The Superintendent annually shall apportion to each school
20district that certified implementation of the Peer Assistance and
21Review Program for Teachers pursuant to subdivision (b) of
22Section 44505, an amount equal to 5 percent of the prior year count
23of certificated classroom teachers employed by the school district,
24multiplied by a rate that equals the sum of (i) the base amount per
25funding unit as calculated in paragraph (1) of subdivision (c),
26adjusted annually pursuant to subdivision (b) of Section 42238.1,
27and (ii) two thousand eight hundred dollars ($2,800); adjusted
28annually pursuant to subdivision (b) of Section 42238.1.

29(3)  The Superintendent annually shall apportion to each school
30district that certified implementation of a Peer Assistance and
31Review Program for Teachers pursuant to subdivision (d) of
32Section 44505, an amount equal to 5 percent of the prior year count
33of certificated classroom teachers employed by the school district,
34multiplied by a rate which equals the sum of (i) the base amount
35per funding unit as calculated in paragraph (1) of subdivision (c),
36adjusted annually pursuant to subdivision (b) of Section 42238.1,
37and (ii) the per mentor teacher unit amount provided to the district
38pursuant to subdivision (c) of Section 44505, adjusted annually
39pursuant to subdivision (b) of Section 42238.1.

P6    1(4) In paragraphs (2) and (3), 5 percent of the certificated
2classroom teachers employed by the district shall be rounded to
3the next whole integer.

4(5) If at the end of a fiscal year, an amount of funds available
5for purposes of the Peer Assistance and Review Program remain
6unallocated, the Superintendent shall use the unallocated amount
7to increase the base funding rate calculated under paragraph (1)
8for the succeeding fiscal year.

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SEC. 4.  

Section 44507 of the Education Code is repealed.

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10

44507.  

Subject to the availability of funding in the annual
11Budget Act, the Superintendent of Public Instruction shall contract
12with an independent evaluator on or before December 15, 2002,
13to prepare a comprehensive evaluation of the implementation,
14impact, cost, and benefit of the California Peer Assistance and
15Review Program for Teachers. The evaluation shall be delivered
16to the Legislature, the Governor, and interested parties on or before
17January 1, 2004. As a condition of receiving funding, school
18districts implementing programs pursuant to this article shall
19provide data, as requested by the Superintendent of Public
20Instruction, to provide baseline information for the evaluation.

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