Amended in Senate March 31, 2016

Amended in Senate July 2, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 934

Introduced by Assembly Member Bonilla

February 26, 2015

An act to begin insert amend Sections 44664, 44670, 44671, 44885.5, 44929.21, 44934, 44937, 44938, 44943, 44944.05, 44945, and 44955 of, to amend the heading of Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of, to end insert add begin delete Section 11801 to end delete begin insert Sections 44934.2 and 44944.2 to, and to add Articles 4.6 (commencing with Section 44520) and 4.7 (commencing with Section 44550) to Chapter 3 of Part 25 of Division 3 of Title 2 of, end insert the Education Code, relating to begin delete education technology. end delete begin insert certificated school employees. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 934, as amended, Bonilla. begin delete Education technology: K-12 High-Speed Network: professional development. end delete begin insert Certificated school employees. end insert

begin insert

(1) Existing law establishes the California Peer Assistance and Review Program for Teachers, which authorizes the governing board of a school district and the exclusive representative of the certificated employees in the school district to develop and implement a peer review program that meets local conditions and conforms to specified principles.

end insert begin insert

This bill would require each school district to create a 2-year teacher support program that would allow a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would also encourage each school district to create a one-year principal or vice principal support program that would allow a highly effective school administrator to support a principal or vice principal demonstrating unsatisfactory performance to become proficient in the California Professional Standards for Educational Leaders.

end insert begin insert

(2) Existing law requires school districts to evaluate each certificated employee on a continuous basis, as specified. Existing law also authorizes an employing authority to require a certificated employee who receives an evaluation including an unsatisfactory rating of an employee’s performance in the area of teaching methods or instruction to 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. Existing law also requires a school district, if it participates in the California Peer Assistance and Review Program for Teachers, to require any certificated employee who receives an unsatisfactory rating on an evaluation to participate in that program.

end insert begin insert

This bill would, instead, require a certificated employee who receives an annual evaluation that contains an unsatisfactory rating of the employee’s performance in the area of teaching methods or instruction to participate in either the California Peer Assistance and Review Program for Teachers or the district-designed teacher support program discussed above. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

end insert begin insert

(3) Existing law authorizes the governing board of a school district to evaluate a school principal, as provided. Existing law also authorizes the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal.

end insert begin insert

This bill would also authorize the governing board of a school district to evaluate a school vice principal. The bill would require the superintendent of a school district to annually provide reports on the evaluation or nonevaluation of principals and vice principals to the governing board of the school district, thereby imposing a state-mandated local program. The bill would also require the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal or vice principal. The bill would express the intent of the Legislature that every school principal and vice principal be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders.

end insert begin insert

(4) Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including unsatisfactory performance. Existing law requires the governing board of a school district to give notice, together with a written statement of charges, to a permanent employee of its intention to dismiss or suspend the employee at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing.

end insert begin insert

This bill would authorize proceedings based solely on charges of unsatisfactory performance to be initiated via an alternative process, which this bill would establish.

end insert begin insert

(5) Existing law establishes the process for dismissal or suspension hearing proceedings for certificated employees.

end insert begin insert

This bill would, instead, provide for a binding arbitration process for charges based solely on unsatisfactory performance, which this bill would establish.

end insert begin insert

(6) Existing law prohibits the governing board of a school district from acting upon any charges of unsatisfactory performance unless at least 90 calendar days before the date of the filing or before the beginning of the time period composed of the last 1⁄4 of the schooldays, the governing board of the school district provides the employee written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge.

end insert begin insert

This bill would, instead, prohibit the governing board of a school district from acting upon any charges of unsatisfactory performance against a permanent employee unless the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers or a district-designed teacher or administrator support program.

end insert begin insert

(7) Existing law authorizes a decision reached in a dismissal or suspension proceeding concerning a certificated employee to be reviewed by a court of competent jurisdiction.

end insert begin insert

This bill would make this statutory procedure inapplicable to a decision based solely on unsatisfactory performance reached in a dismissal or suspension proceeding concerning a certificated employee.

end insert begin insert

(8) Existing law requires a certificated employee who has completed 2 years of service to the district as an intern or probationary employee and who is further reelected and employed during the succeeding school year to be classified as a permanent employee.

end insert begin insert

This bill would authorize the governing board of a school district to continue to classify a certificated employee who has completed 2 years of service to the district and who is further reelected and employed during the succeeding school year as a probationary employee for a 3rd or 4th year, as provided, and to require that employee to participate in the California Peer Assistance and Review Program for Teachers or a district-designed teacher support program.

end insert begin insert

(9) Existing law authorizes the governing board of a school district to decrease the number of permanent employees of a school district, based on seniority, when a reduction in workforce is required due to specific circumstances, as provided. Existing law prohibits, except as otherwise provided, the services of a permanent employee from being terminated in these situations while any probationary employee, or any other employee with less seniority, is retained to render a service which the permanent employee is certificated and competent to render.

end insert begin insert

This bill would instead require each school district to develop a metric that gives equal weight to seniority and teacher effectiveness, as provided, to use when determining which permanent school employees to retain and which to dismiss when a reduction in workforce is required due to specific circumstances, as provided. The bill would also provide the order in which a school district would terminate certificated employees when a reduction in workforce is required.

end insert begin insert

(10) This bill would also make conforming changes and nonsubstantive changes.

end insert begin insert

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

end insert begin insert

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.

end insert begin delete

Existing law establishes the K-12 High-Speed Network (K-12 HSN) for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth Internet connectivity to the public schools. Existing law requires the Superintendent of Public Instruction to establish a K-12 HSN advisory board composed of various members.

end delete begin delete

This bill would require the K-12 HSN advisory board to, with funds appropriated pursuant to a certain appropriation, create a program, and offer to enter into an interagency agreement with the Office of the Chancellor of the California Community Colleges, to develop a sustainable training model that provides ongoing professional development to local educational agency staff on all elements of technical support, as provided.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Article 4.6 (commencing with Section 44520) is
added to Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert
Education Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 4.6. end insert   District-Designed Teacher Support Programs

 

begin insert 44520. end insert   

(a) Each school district shall create a two-year teacher
support program allowing a highly effective certificated employee
to support a certificated employee demonstrating unsatisfactory
performance to become proficient in the California Standards for
the Teaching Profession in order to become a highly effective
certificated employee.

(b) For purposes of this section, the following terms have the
following meanings:

(1) A “highly effective certificated employee” means a
certificated employee who, in the view of the governing board of
the school district, demonstrates proficiency with the California
Standards for the Teaching Profession as demonstrated by an
evaluation designating the certificated employee in the highest
category the school district has established pursuant to subdivision
(c) of Section 44664.

(2) An “employee demonstrating unsatisfactory performance”
means a certificated employee who, in the view of the governing
board of the school district, does not demonstrate proficiency with
the California Standards for the Teaching Profession as
demonstrated by an evaluation designating the certificated
employee in a category below the satisfactory levels that the school
district has established pursuant to subdivision (c) of Section
44664.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 4.7 (commencing with Section 44550) is added
to Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 4.7. end insert   District-Designed Administrator Support Programs

 

begin insert 44550. end insert   

Each school district is encouraged to create a one-year
principal or vice principal support program allowing a highly
effective school administrator, as determined by the school district,
to support a principal or vice principal demonstrating
unsatisfactory performance, as determined by the school district,
to become proficient in the California Professional Standards for
Educational Leaders.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 44664 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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. begin delete 6301, end delete
begin insert 6301 end insert et seq.), as defined in 20 U.S.C. Sec. 7801, 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 begin insert certificated end insert
employee. If begin delete an end delete begin insert a certificated end insert employee is not performing his or
her duties in a satisfactory manner according to the standards
prescribed by the governing begin delete board, end delete begin insert board of the school district, end insert
the employing authority shall notify the begin insert certificated end insert employee in
writing of that fact and describe the unsatisfactory performance.
The employing authority shall thereafter confer with the begin insert certificated end insert
employee making specific recommendations as to areas of
improvement in the begin insert certificated end insert employee’s performance and
endeavor to assist the employee in his or her performance. If any
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 begin insert school end insert district.

begin delete

(c) Any evaluation performed pursuant to this article which
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. If

end delete begin insert

(c) A school district shall establish at least four categories of
performance for certificated employees. At least two of these
categories shall designate performance at a satisfactory level or
greater. At least two of these categories shall designate
performance below a satisfactory level.

end insert begin insert

(d) (1) A certificated employee who receives an evaluation
performed pursuant to this article below a satisfactory level in the
area of teaching methods or instruction shall 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.

end insert

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

begin insert

(3) If a school district does not participate 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 a rating below a satisfactory
level on an evaluation performed pursuant to this section shall
participate in a district-designed teacher support program
established pursuant to Article 4.6 (commencing with Section
44520).

end insert begin delete

(d)

end delete

begin insert (e) end insert  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 begin delete board. end delete begin insert board of the school district. end insert

begin insert

(f) To the extent that this section as amended by Assembly Bill
934 of the 2015-16 Regular Session conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before
January 1, 2017, pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, the
changes made to this section by Assembly Bill 934 of the 2015-16
Regular Session shall not apply until expiration or renewal of that
collective bargaining agreement.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert The heading of Article 13 (commencing with Section
44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert
Education Code end insert begin insert is amended to read: end insert

 

Article 13.  Principal begin insert and Vice Principal end insert Evaluation System

 

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 44670 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44670.  

(a) The governing board of a school district may
identify who will conduct the evaluation of each school begin delete principal. end delete

begin insert principal and vice principal. end insert

(b)  begin delete A end delete begin insert Every end insert school principal begin insert and vice principal end insert may be evaluated
annually for the first and second year of employment as a new
principal begin insert or vice principal end insert in a school district. The governing board
begin insert of the school district end insert may determine the frequency at regular
intervals of evaluations after this period.

(c) Additional evaluations that occur outside of the regular
intervals determined by the governing board begin insert of the school district end insert
may be agreed upon between the evaluator and the begin delete principal. end delete

begin insert principal or vice principal. end insert

(d) Evaluators and principals begin insert or vice principals end insert may review
school success and progress throughout the year. This review
should include goals that are defined by the school district.

begin insert

(e) The superintendent of a school district shall annually provide
reports on the evaluation of principals and vice principals or of
the school district superintendent’s decision not to evaluate
principals and vice principals to the governing board of the school
district.

end insert begin insert

(f) It is the intent of the Legislature that every school principal
and vice principal shall be evaluated as frequently as necessary
to ensure, in the view of the governing board of the school district,
that they are satisfactorily proficient in the California Professional
Standards for Educational Leaders.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 44671 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44671.  

(a) Criteria for effective school principal begin insert or vice
principal end insert evaluations begin delete may end delete begin insert shall end insert be based upon the California
Professional Standards for Educational Leaders. These standards
identify a school administrator as being an educational leader who
promotes the success of all pupils through leadership that fosters
all of the following:

(1) A shared vision.

(2) Effective teaching and learning.

(3) Management and safety.

(4) Parent, family, and community involvement.

(5) Professional and ethical leadership.

(6) Contextual awareness.

(b) A school principal begin insert or vice principal end insert evaluation may include,
but not be limited to, evidence of all of the following:

(1) Academic growth of pupils based on multiple measures that
may include pupil work as well as pupil and school longitudinal
data that demonstrates pupil academic growth over time.
Assessments used for this purpose begin delete must end delete begin insert shall end insert be valid and reliable
and used for the purposes intended and for the appropriate pupil
populations. Local and state academic assessments include, but
are not limited to, state standardized assessments, formative,
summative, benchmark, end of chapter, end of course, advanced
placement, international baccalaureate, college entrance, and
performance assessments. For career and technical education,
authentic performance assessment is a strong indicator of effective
teaching and learning.

(2) Effective and comprehensive teacher evaluations, including,
but not limited to, curricular and management leadership, ongoing
professional development, teacher-principal teamwork, and
professional learning communities.

(3) Culturally responsive instructional strategies to address and
eliminate the achievement gap.

(4) The ability to analyze quality instructional strategies and
provide effective feedback that leads to instructional improvement.

(5) High expectations for all pupils and leadership to ensure
active pupil engagement and learning.

(6) Collaborative professional practices for improving
instructional strategies.

(7) Effective school management, including personnel and
resource management, organizational leadership, sound fiscal
practices, a safe campus environment, and appropriate pupil
behavior.

(8)  Meaningful self-assessment to improve as a professional
educator. Self-assessment may include, but not be limited to, a
self-assessment on state professional standards for educational
leaders and the identification of areas of strengths and areas for
professional growth to engage in activities to foster professional
growth.

(9) Consistent and effective relationships with pupils, parents,
teachers, staff, and other administrators.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 44885.5 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44885.5.  

(a)  begin delete Any end delete begin insert (1) end insert begin insert   end insert begin insert A end insert school district shall classify begin delete as a
probationary employee of the district any end delete begin insert a end insert person who is employed
as a district intern pursuant to Section 44830.3 and begin delete any end delete begin insert a end insert person
who has completed service in the begin insert school end insert district as a district intern
pursuant to subdivision (b) of Section 44325 and Section 44830.3
and is reelected for the next succeeding school year to a position
requiring certification begin delete qualifications. end delete begin insert qualifications as a
probationary employee of the school district. end insert

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert governing board begin insert of a school district end insert may dismiss or
suspend employees classified as probationary employees pursuant
to this subdivision in accordance with the procedures specified in
Section 44948 or begin delete 44948.3 end delete begin insert 44948.3, end insert as applicable.

(b)  begin delete Every certificated employee, end delete begin insert A highly effective certificated
employee end insert who has completed service as a district intern pursuant
to subdivision (b) of Section 44325 and pursuant to Section
44830.3 and who is further reelected and employed during the
succeeding school year as described in subdivision (a) begin delete shall, end delete begin insert may, end insert
upon reelection for the next succeeding school year, to a position
requiring certification qualifications, be classified as and become
a permanent employee of the begin insert school end insert district.

begin insert

(c) (1) Notwithstanding subdivision (b), the governing board
of a school district may require a certificated employee who has
completed service as a district intern pursuant to subdivision (b)
of Section 44325 and pursuant to Section 44830.3 and who is
further reelected and employed during the succeeding school year
as described in subdivision (a) to continue to be classified as a
probationary employee for a third or fourth year.

end insert begin insert

(2) A certificated employee who is reelected as a probationary
employee pursuant to this subdivision shall participate in either
the California Peer Assistance and Review Program for Teachers
established pursuant to Article 4.5 (commencing with Section
44500) or a district-designed teacher support program established
pursuant to Article 4.6 (commencing with Section 44520).

end insert begin insert

(3) Notwithstanding paragraph (2) of subdivision (a), a third-
or fourth-year probationary employee has the due process and
appeal rights of a permanent employee pursuant to Sections 44934
to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive.

end insert begin insert

(4) During the third and fourth year as a probationary employee,
the employee shall be observed by multiple administrators and
teacher peers. Administrators and teacher peers observing the
third-year probationary employee shall provide feedback to the
governing board of the school district regarding the probationary
employee’s proficiency with the California Standards for the
Teaching Profession, adopted by the Commission on Teacher
Credentialing.

end insert begin insert

(5) A third-year probationary employee may be dismissed or
retained for a fourth year as a probationary employee after one
year of the support program at the discretion of the school district.

end insert begin insert

(d) (1) Notwithstanding subdivision (c), a certificated employee
who had previously been granted permanent status in another
school district who has completed service as a district intern
pursuant to subdivision (b) of Section 44325 and pursuant to
Section 44830.3, and who is further reelected and employed during
the succeeding school year as described in subdivision (a) shall,
upon reelection for the next succeeding school year to a position
requiring certification qualifications, be classified as and become
a permanent employee of the school district.

end insert begin insert

(2) Nothing in this subdivision shall be interpreted to authorize
a certificated employee who has not previously been granted
permanent status in another school district to gain permanent
status without meeting the requirements of subdivision (b) or (c).

end insert begin delete

The

end delete

begin insert (e) end insert begin insert   end insert begin insert The end insert governing board begin insert of a school district end insert shall notify the
begin insert certificated end insert employee, on or before March 15 of the begin insert certificated end insert
employee’s begin delete last complete consecutive end delete begin insert second, third, and fourth end insert
school year of probationary employment in a position requiring
certification qualification as described in begin delete this subdivision, end delete
begin insert subdivision (b), end insert of the decision to reelect begin insert as a permanent employee,
reelect as a probationary employee, end insert or not reelect the begin insert certificated end insert
employee for the next succeeding school year to this type of a
position. In the event the governing board begin insert of a school district end insert does
not give notice pursuant to this section on or before March 15, begin delete the end delete
begin insert a certificated end insert employee shall be deemed reelected begin insert as a permanent
employee end insert for the next succeeding school year.

begin insert

(f) For purposes of this section, a “highly effective certificated
employee” means a certificated employee who, in the view of the
governing board of the school district, demonstrates proficiency
with the California Standards for the Teaching Profession as
demonstrated by an evaluation designating the certificated
employee in the highest category the school district has established
pursuant to subdivision (c) of Section 44664.

end insert begin insert

(g) To the extent that this section as amended by Assembly Bill
934 of the 2015-16 Regular Session conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before
January 1, 2017, pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, the
changes made to this section by Assembly Bill 934 of the 2015-16
Regular Session shall not apply until expiration or renewal of that
collective bargaining agreement.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 44929.21 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

44929.21.  

(a)  begin insert (1) end insert begin insert   end insert Every employee of a school district of any
type or class having an average daily attendance of 250 or more
who, after having been employed by the begin insert school end insert district for three
complete consecutive school years in a position or positions
requiring certification qualifications, is reelected for the next
succeeding school year to a position requiring certification
qualifications shall, at the commencement of the succeeding school
year be classified as and become a permanent employee of the
begin insert school end insert district.

begin delete

This

end delete

begin insert (2) end insert begin insert   end insert begin insert This end insert subdivision shall apply only to probationary employees
whose probationary period commenced begin delete prior to end delete begin insert before end insert the 1983-84
fiscal year.

(b)  begin delete Every end delete begin insert A highly effective certificated end insert employee of a school
district of any type or class having an average daily attendance of
250 or more who, after having been employed by the begin insert school end insert district
for two complete consecutive school begin delete years in a position or positions
requiring certification qualifications, end delete begin insert years, end insert is reelected for the
next succeeding school year to a position requiring certification
qualifications shall, at the commencement of the succeeding school
year be classified as and become a permanent employee of the
begin insert school end insert district.

begin delete

The governing board shall notify the employee, on or before
March 15 of the employee’s second complete consecutive school
year of employment by the district in a position or positions
requiring certification qualifications, of the decision to reelect or
not reelect the employee for the next succeeding school year to
the position. In the event that the governing board does not give
notice pursuant to this section on or before March 15, the employee
shall be deemed reelected for the next succeeding school year.

end delete begin insert

(c) (1) Notwithstanding subdivision (b), the governing board
of a school district may require a certificated employee who, after
having been employed by the school district for two complete
consecutive school years and who is further reelected and
employed during the succeeding school year to continue to be
classified as a probationary employee for a third or fourth year.

end insert begin insert

(2) A certificated employee who is reelected as a probationary
employee pursuant to this subdivision shall participate in either
the California Peer Assistance and Review Program for Teachers
established pursuant to Article 4.5 (commencing with Section
44500) or a district-designed teacher support program established
pursuant to Article 4.6 (commencing with Section 44520).

end insert begin insert

(3) A third- or fourth-year probationary employee has the due
process and appeal rights of a permanent employee pursuant to
Sections 44934 to 44934.2, inclusive, and Sections 44944 to
44944.2, inclusive.

end insert begin insert

(4) During the third and fourth year as a probationary employee,
the employee shall be observed by multiple administrators and
teacher peers. Administrators and teacher peers observing the
third-year probationary employee shall provide feedback to the
governing board of the school district regarding the probationary
employee’s proficiency with the California Standards for the
Teaching Profession, adopted by the Commission on Teacher
Credentialing.

end insert begin insert

(5) A third-year probationary employee may be dismissed or
retained for a fourth year as a probationary employee after one
year of the support program at the discretion of the school district.

end insert begin insert

(d) (1) Notwithstanding subdivision (c), a certificated employee
who had previously been granted permanent status in another
school district and who is further reelected and employed during
the succeeding school year as described in subdivision (b) shall,
upon reelection for the next succeeding school year to a position
requiring certification qualifications, be classified as and become
a permanent employee of the school district.

end insert begin insert

(2) Nothing in this subdivision shall be interpreted to authorize
a certificated employee who has not previously been granted
permanent status in another school district to gain permanent
status without meeting the requirements of subdivision (b) or (c).

end insert begin insert

(e) The governing board of a school district shall notify a
certificated employee, on or before March 15 of the certificated
employee’s second, third, and fourth school year of probationary
employment in a position requiring certification qualification, of
the decision to reelect as a permanent employee, reelect as a
probationary employee, or not reelect the certificated employee
for the next succeeding school year to this type of a position. In
the event the governing board of a school district does not give
notice pursuant to this section on or before March 15, a certificated
employee shall be deemed reelected as a permanent employee for
the next succeeding school year.

end insert begin insert

(f) For purposes of this section, a “highly effective certificated
employee” means a certificated employee who, in the view of the
governing board of the school district, demonstrates proficiency
with the California Standards for the Teaching Profession as
demonstrated by an evaluation designating the certificated
employee in the highest category the school district has established
pursuant to subdivision (c) of Section 44664.

end insert begin insert

(g) To the extent that this section as amended by Assembly Bill
934 of the 2015-16 Regular Session conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before
January 1, 2017, pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, the
changes made to this section by Assembly Bill 934 of the 2015-16
Regular Session shall not apply until expiration or renewal of that
collective bargaining agreement.

end insert begin delete

This subdivision

end delete

begin insert (h) end insert begin insert   end insert begin insert Subdivisions (b) to (g), inclusive, end insert shall apply only to
probationary employees whose probationary period commenced
during the 1983-84 fiscal year or any fiscal year thereafter.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 44934 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44934.  

(a) This section shall apply to dismissal or suspension
proceedings based on charges as specified in Section 44932 or
44933, including proceedings based on charges of egregious
misconduct in combination with other begin delete charges. end delete begin insert charges, except
this section shall not apply to dismissal or suspension proceedings
based on charges of unsatisfactory performance described in
paragraph (5) of subdivision (a) of Section 44932. end insert Section 44934.1
shall apply to dismissal or suspension proceedings based solely
on charges of egregious misconduct described in paragraph (1) of
subdivision (a) of Section 44932. begin insert Section 44934.2 shall apply to
dismissal or suspension proceedings based on charges of
unsatisfactory performance described in paragraph (5) of
subdivision (a) of Section 44932. end insert

(b) Upon the filing of written charges, duly signed and verified
by the person filing them, with the governing board of the school
district, or upon a written statement of charges formulated by the
governing board of the school district, charging that there exists
cause, as specified in Section 44932 or 44933, for the dismissal
or suspension of a permanent employee of the school district, the
governing board of the school district may, upon majority vote,
except as provided in this article if it deems the action necessary,
give notice to the permanent employee of its intention to dismiss
or suspend him or her at the expiration of 30 days from the date
of service of the notice, unless the employee demands a hearing
as provided in this article. Suspension proceedings may be initiated
pursuant to this section only if the governing board of the school
district has not adopted a collective bargaining agreement pursuant
to subdivision (b) of Section 3543.2 of the Government Code.

(c) Any written statement of charges shall specify instances of
behavior and the acts or omissions constituting the charge so that
the employee will be able to prepare his or her defense. It shall,
where applicable, state the statutes and rules that the employee is
alleged to have violated, and it shall also set forth the facts relevant
to each charge.

(d) If the governing board of the school district has given notice
to a certificated employee of its intention to dismiss or suspend
him or her, based upon written charges filed or formulated pursuant
to this section, the charges may be amended less than 90 days
before the hearing on the charges only upon a showing of good
cause. If a motion to amend charges is granted by the administrative
law judge, the employee shall be given a meaningful opportunity
to respond to the amended charges.

(e) A notice of the governing board of the school district to an
employee of its intention to dismiss or suspend him or her, together
with written charges filed or formulated pursuant to this section,
shall be sufficient to initiate a hearing under Section 11503 of the
Government Code, and the governing board of the school district
shall not be required to file or serve a separate accusation.

(f) This section shall also apply to the suspension of probationary
employees in a school district with an average daily attendance of
less than 250 pupils that has not adopted a collective bargaining
agreement pursuant to subdivision (b) of Section 3542.2 of the
Government begin delete Code. end delete begin insert Code except that Section 44934.2, and not this
section, shall apply to dismissal or suspension proceedings based
on charges of unsatisfactory performance described in paragraph
(5) of subdivision (a) of Section 44932. end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 44934.2 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44934.2. end insert   

(a) This section shall apply only to dismissal or
suspension proceedings based solely on charges of unsatisfactory
performance, as described in paragraph (5) of subdivision (a) of
Section 44932.

(b) Upon the filing of written charges, duly signed and verified
by the person filing them, with the governing board of a school
district, or upon a written statement of charges formulated by the
governing board of a school district charging that there exists
cause, as specified in paragraph (5) of subdivision (a) of Section
44932, for the dismissal or suspension of a permanent employee
of the school district, the governing board of the school district
may, upon majority vote, except as provided in this article if it
deems the action necessary, give notice to the permanent employee
of its intention to dismiss or suspend him or her at the expiration
of 30 days from the date of service of the notice, unless the
employee demands an arbitration hearing pursuant to Section
44944.2.

(c) Any written statement of charges of unsatisfactory
performance shall specify instances of behavior and the acts or
omissions constituting the charge so that the employee will be able
to prepare his or her defense. The written statement of charges
shall, where applicable, state the statutes and rules that the
employee is alleged to have violated, and it shall also set forth the
facts relevant to each occasion of alleged unsatisfactory
performance.

(d) This section shall also apply to the suspension of
probationary employees based solely on charges of unsatisfactory
performance, as described in paragraph (5) of subdivision (a) of
Section 44932 in a school district with an average daily attendance
of less than 250 pupils that has not adopted a collective bargaining
agreement pursuant to subdivision (b) of Section 3543.2 of the
Government Code.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 44937 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44937.  

In a dismissal or suspension proceeding initiated
pursuant to Section begin delete 44934 or 44934.1, end delete begin insert 44934, 44934.1, or 44934.2, end insert
if the begin insert certificated end insert employee does not demand a hearing by filing
a written request for hearing with the governing begin delete board, end delete begin insert board of
the school district, end insert he or she may be dismissed or suspended
without pay for a specific period of time at the expiration of the
30-day period.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 44938 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44938.  

(a) The governing board of any school district shall
not act upon any charges of unprofessional conduct unless at least
45 calendar days begin delete prior to end delete begin insert before end insert the date of the filing, the begin insert governing end insert
board begin insert of the school district end insert or its authorized representative has
given the employee against whom the charge is begin delete filed, end delete begin insert filed end insert written
notice of the unprofessional conduct, specifying the nature thereof
with such specific instances of behavior and with such particularity
as to furnish the employee an opportunity to correct his or her
faults and overcome the grounds for the charge. The written notice
shall include the evaluation made pursuant to Article 11
(commencing with Section 44660) of Chapter 3, if applicable to
the employee.

(b) The governing board of any school district shall not act upon
any charges of unsatisfactory performance unless begin delete it acts in
accordance with the provisions of paragraph (1) or (2): end delete begin insert the
employee against whom the charge is filed has completed at least
one year of the California Peer Assistance and Review Program
for Teachers established pursuant to Article 4.5 (commencing with
Section 44500) or a district-designed teacher support program
established pursuant to Article 4.6 (commencing with Section
44520) during the previous two years or a district-designed
administrator support program established pursuant to Article 4.7
(commencing with Section 44550) during the previous year. end insert

begin delete

(1) At least 90 calendar days prior to the date of the filing, the
board or its authorized representative has given the employee
against whom the charge is filed, written notice of the
unsatisfactory performance, specifying the nature thereof with
such specific instances of behavior and with such particularity as
to furnish the employee an opportunity to correct his or her faults
and overcome the grounds for the charge. The written notice shall
include the evaluation made pursuant to Article 11 (commencing
with Section 44660) of Chapter 3, if applicable to the employee.

(2) The governing board may act during the time period
composed of the last one-fourth of the schooldays it has scheduled
for purposes of computing apportionments in any fiscal year if,
prior to the beginning of that time period, the board or its
authorized representative has given the employee against whom
the charge is filed, written notice of the unsatisfactory performance,
specifying the nature thereof with such specific instances of
behavior and with such particularity as to furnish the employee an
opportunity to correct his or her faults and overcome the grounds
for the charge. The written notice shall include the evaluation made
pursuant to Article 11 (commencing with Section 44660) of
Chapter 3, if applicable to the employee.

end delete

(c)  begin insert (1) end insert begin insert   end insert “Unsatisfactory performance” as used in this section
means, and refers only to, the unsatisfactory performance
particularly specified as a cause for dismissal in Section 44932
and does not include any other cause for dismissal specified in
Section 44932.

begin delete

“Unprofessional

end delete

begin insert (2) end insert begin insert   end insert begin insert “Unprofessional end insert conduct” as used in this section means,
and refers to, the unprofessional conduct particularly specified as
a cause for dismissal or suspension in Sections 44932 and 44933
and does not include any other cause for dismissal specified in
Section 44932.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 44943 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44943.  

When any employee who has been served with notice
pursuant to Section begin delete 44934 or 44934.1 end delete begin insert 44934, 44934.1, or 44934.2 end insert
of the governing begin delete board’s end delete begin insert board of the school district’s end insert intention
to dismiss or suspend him or her demands a hearing, the governing
board begin insert of the school district end insert shall have the option either (a) to
rescind its action, or (b) schedule a hearing on the matter.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 44944.05 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

44944.05.  

(a) In a dismissal or suspension proceeding initiated
pursuant to Section 44934, in lieu of written discovery required
pursuant to Section 11507.6 of the Government Code, the parties
shall make disclosures as described in this section. This section
does not apply to dismissal or suspension proceedings initiated
pursuant to Section begin delete 44934.1. end delete begin insert 44934.1 or 44934.2. end insert

(b) (1) An initial disclosure shall comply with the following
requirements:

(A) A party shall, without awaiting a discovery request, provide
to the other parties both of the following:

(i) The name and, if known, the address and telephone number
of each individual likely to have discoverable information, along
with the subjects of information relating to the allegations made
in the charges and the parties’ claims and defenses, unless the use
would be solely for impeachment purposes.

(ii) A copy of all documents, electronically stored information,
and tangible items that the disclosing party has in its possession,
custody, or control relating to the allegations made in the charges
and the parties’ claims or defenses, unless the use would be solely
for impeachment.

(B) The school district and the employee shall make their initial
disclosures within 45 days of the date of the employee’s demand
for a hearing.

(C) A party shall make its initial disclosures based on the
information then reasonably available to it. A party is not excused
from making its disclosures because it has not fully investigated
the case or because it challenges the sufficiency of another party’s
disclosures. A party’s failure to make initial disclosures within the
deadlines set forth in this section shall preclude the party from
introducing witnesses or evidence not disclosed at the hearing,
unless the party shows good cause for its failure to timely disclose.

(D) A party has an obligation to promptly supplement its initial
disclosures as new information or evidence becomes known or
available. Supplemental disclosures shall be made as soon as
possible, and no later than 60 days before the date of
commencement of the hearing. A party’s failure to make
supplemental disclosures promptly upon discovery or availability
of new information or evidence shall preclude the party from
introducing witnesses or evidence not disclosed at the hearing,
unless the party shows good cause for its failure to timely disclose.

(2) The disclosure of expert testimony shall comply with the
following requirements:

(A) A party shall also disclose to the other parties the identities
of any expert witnesses whose testimony it may use at the hearing.

(B) The disclosure specified in subparagraph (A) shall be
accompanied by a summary of the witness’ expected testimony,
including a description of the facts and data considered by the
witness; a description of the witness’ qualifications, including a
list of all publications authored in the previous 10 years; a list of
all other cases in which, during the previous four years, the witness
testified as an expert at a hearing or by deposition; and a statement
of the compensation to be paid to the expert witness.

(C) Expert witness disclosures shall be made no later than 60
days before the date of commencement of the hearing. A party’s
failure to make full and timely expert witness disclosures shall
preclude the party’s use of the expert witness’ testimony or
evidence at the hearing.

(3) Prehearing disclosures shall comply with the following
requirements:

(A) In addition to the disclosures required in paragraphs (1) and
(2), a party shall provide to the other parties the following
information about the evidence that it may present at the hearing:

(i) The name, and, if not previously provided, the address and
telephone number of each witness, separately identifying those
the party expects to present and those it may call if the need arises.

(ii) An identification of each exhibit, separately identifying
those items the party expects to offer and those it may offer if the
need arises.

(B) Prehearing disclosures shall be made at least 30 days before
the hearing.

(i) Within 14 days after prehearing disclosures are made, a party
shall file and serve any objections, along with the grounds for each
objection, to the admissibility of evidence.

(ii) These objections shall be decided on the first day of the
hearing, or at a prehearing conference conducted pursuant to
Section 11511.5 of the Government Code. Documents and
individuals not timely disclosed without good cause shall be
precluded from admission at the hearing.

(c) In addition to the disclosures required by subdivision (a),
the parties may obtain discovery by oral deposition in California,
in accordance with Sections 2025.010 to 2025.620, inclusive, of
the Code of Civil Procedure, except as described in this article.
The school district may take the depositions of the employee and
no more than four other witnesses, and the employee may take
depositions of no more than five witnesses. Each witness deposition
is limited to seven hours. An administrative law judge may allow
the parties to conduct additional depositions only upon a showing
of good cause. If a motion to conduct additional depositions is
granted by the administrative law judge, the employee shall be
given a meaningful opportunity to respond to new evidence
introduced as a result of the additional depositions. An order
granting a motion for additional depositions shall not constitute
an extraordinary circumstance or good cause for purposes of
extending the deadlines set forth in paragraph (1) of subdivision
(b) of Section 44944.

(d) If the right to disclosures or oral depositions is denied by
either the employee or the governing begin delete board, end delete begin insert board of a school
district, end insert the exclusive right of a party seeking an order compelling
production of discovery shall be pursuant to Section 11507.7 of
the Government Code. If a party seeks protection from
unreasonable or oppressive discovery demands, the exclusive right
of a party seeking an order for protection shall be pursuant to
Section 11450.30 of the Government Code.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 44944.2 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 44944.2. end insert   

(a) This section shall apply only to dismissal or
suspension proceedings initiated pursuant to Section 44934.2.

(b) Any permanent certificated employee who has received
notice of a school district’s intention to suspend or dismiss the
certificated employee based on charges of unsatisfactory
performance described in paragraph (5) of subdivision (a) of
Section 44932 may file a written request for arbitration to the
school district within 14 days after receipt of a copy of the written
charges by filing a written answer to the charges.

(c) (1) Within 14 days of receipt of the request for arbitration,
the school district shall schedule a meeting with the certificated
employee to identify an arbitrator and set an arbitration date.

(2) The meeting shall occur, at a location and time mutually
convenient for the certificated employee and the school district.
The certificated employee shall have the right to appear with a
representative of the certificated employee’s collective bargaining
unit, counsel, or both.

(3) At the meeting, the certificated employee and the school
district shall agree upon an arbitrator, selected from the list of
arbitrators maintained by the American Arbitration Association,
and a time and place for an arbitration hearing. The hearing shall
be scheduled for no fewer than 14 days and no more than 30 days
after the scheduling meeting.

(d) (1) At the arbitration hearing, the certificated employee
shall have the right to appear with a representative of the
certificated employee’s collective bargaining unit, counsel, or
both.

(2) The scope of the arbitration hearing shall be limited to both
of the following:

(A) The process the school district used in evaluating the
certificated employee.

(B) The certificated employee’s proficiency with the California
Standards for the Teaching Profession.

(e) The arbitrator shall issue a decision as to whether or not
the certificated employee should be dismissed or suspended within
60 days of the arbitration hearing. The decision of the arbitrator
shall be binding.

(f) (1) If the arbitrator determines that the certificated employee
should be dismissed or suspended, the governing board of the
school district and the state shall share equally the expenses of
the arbitration. The state shall pay the reasonable expenses of the
arbitrator, including, but not limited to, payments or obligations
incurred for travel, meals, and lodging. The Controller shall pay
all claims submitted pursuant to this paragraph from the General
Fund, and may prescribe reasonable rules, regulations, and forms
for the submission of the claims. The certificated employee and
the governing board of the school district shall pay their own
attorney’s fees.

(2) If the arbitrator determines that the certificated employee
should not be dismissed or suspended, the governing board of the
school district shall pay the expenses of the hearing, including the
reasonable expenses of the arbitrator, including, but not limited
to, payments or obligations incurred for travel, meals, and lodging
and reasonable attorney’s fees incurred by the certificated
employee.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 44945 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44945.  

begin insert (a) end insert begin insert   end insert The decision reached in a dismissal or suspension
proceeding initiated pursuant to Section 44934 or 44934.1 may,
on petition of either the governing board begin insert of the school district end insert or
the employee, be reviewed by a court of competent jurisdiction in
the same manner as a decision made by a hearing officer under
Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code. The court, on review, shall
exercise its independent judgment on the evidence. The proceeding
shall be set for hearing at the earliest possible date and shall take
precedence over all other cases, except older matters of the same
character and matters to which special precedence is given by law.

begin insert

(b) This section shall not apply to a decision reached in a
dismissal or suspension proceeding initiated pursuant to Section
44934.2.

end insert

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 44955 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44955.  

(a)  begin delete No end delete begin insert A end insert permanent employee shall begin insert not end insert be deprived
of his or her position for causes other than those specified in
Sections 44907 and 44923, and Sections 44932 to 44947, inclusive,
and begin delete no end delete begin insert a end insert probationary employee shall begin insert not end insert be deprived of his or
her position for cause other than as specified in Sections 44948 to
44949, inclusive.

(b)  begin delete Whenever in any end delete begin insert (1) end insert begin insert   end insert begin insert If in a end insert school year the average daily
attendance in all of the schools of a begin insert school end insert district for the first six
months begin delete in which end delete begin insert that end insert school is in session shall have declined below
the corresponding period of either of the previous two school years,
begin delete whenever end delete begin insert if end insert the governing board begin insert of the school district end insert determines
that attendance in a begin insert school end insert district will decline in the following
year as a result of the termination of an interdistrict tuition
agreement as begin delete defined end delete begin insert described end insert in Section 46304, begin delete whenever end delete begin insert if end insert a
particular kind of service is to be reduced or discontinued not later
than the beginning of the following school year, or begin delete whenever end delete begin insert if end insert
the amendment of state law requires the modification of curriculum,
and begin delete when in the opinion of end delete begin insert if end insert the governing board of the begin insert school end insert
district begin insert determines end insert it begin delete shall have become end delete necessary by reason of
any of these conditions to decrease the number of permanent
employees in the begin insert school end insert district, the governing board begin insert of the school
district end insert may terminate the services of not more than a
corresponding percentage of the certificated employees of the
begin insert school end insert district, permanent as well as probationary, at the close of
the school year. begin delete Except as otherwise provided by statute, the
services of no permanent employee may be terminated under the
provisions of this section while any probationary employee, or any
other employee with less seniority, is retained to render a service
which said permanent employee is certificated and competent to
render. end delete

begin delete

In computing a decline in average daily attendance for purposes
of this section for a newly formed or reorganized school district,
each school of the district shall be deemed to have been a school
of the newly formed or reorganized district for both of the two
previous school years.

end delete begin insert

(2) In computing a decline in average daily attendance for
purposes of this section for a newly formed or reorganized school
district, each school of the school district shall be deemed to have
been a school of the newly formed or reorganized school district
for both of the two previous school years.

end insert begin insert

(3) Each school district shall develop a metric that gives equal
weight to seniority and teacher effectiveness, as measured by the
school district using the California Standards for the Teaching
Profession adopted by the Commission on Teacher Credentialing,
to use when determining which permanent school employees to
retain. A school district shall not use teacher salary as a factor in
this metric.

end insert begin insert

(4) The governing board of a school district shall terminate
certificated employees in the following order:

end insert begin insert

(A) Probationary employees who have received an evaluation
of performance below the satisfactory level as established pursuant
to subdivision (c) of Section 44664 in the inverse order of the
metric established pursuant to paragraph (3).

end insert begin insert

(B) Permanent employees who have received two consecutive
evaluations of performance below the satisfactory level as
established pursuant to subdivision (c) of Section 44664 in the
inverse order of the metric established pursuant to paragraph (3).

end insert begin insert

(C) Probationary employees who have not received an
evaluation of performance below the satisfactory level as
established pursuant to subdivision (c) of Section 44664 in the
inverse order of the metric established pursuant to paragraph (3).

end insert begin insert

(D) Permanent employees who have not received two
consecutive evaluations of performance below the satisfactory
level as established pursuant to subdivision (c) of Section 44664
in the inverse order of the metric established pursuant to paragraph
(3).

end insert begin delete

As

end delete

begin insert (E) end insert begin insert   end insert begin insert As end insert between employees begin insert in the same designation pursuant to
paragraphs (1) to (4), inclusive, end insert who first rendered paid service
to the begin insert school end insert district on the same begin delete date, end delete begin insert date, and demonstrate
equivalent teacher effectiveness, end insert the governing board begin insert of the school
district end insert shall determine the order of termination solely on the basis
of needs of the begin insert school end insert district and the begin delete students thereof. end delete begin insert pupils of
the school district. end insert Upon the request of begin delete any end delete begin insert an end insert employee whose
order of termination is so determined, the governing board begin insert of the
school district end insert shall furnish in begin delete writing end delete begin insert writing, end insert no later than five
days begin delete prior to end delete begin insert before end insert the commencement of the hearing held in
accordance with Section 44949, a statement of the specific criteria
used in determining the order of termination and the application
of the criteria in ranking each employee relative to the other
employees in the group. begin delete This end delete begin insert The end insert requirement that the governing
board begin insert of a school district end insert provide, on request, a written statement
of reasons for determining the order of termination shall not be
interpreted to give affected employees any legal right or interest
that would not exist without begin delete such a end delete begin insert the end insert requirement.

(c)  begin insert (1) end insert begin insert   end insert Notice of begin delete such end delete begin insert the end insert termination of services shall be given
before the 15th of May in the manner prescribed in Section begin delete 44949,
and services of such employees shall be terminated in the inverse
of the order in which they were employed, as determined by the
board in accordance with the provisions of Sections 44844 and
44845. In the event that end delete begin insert 44949. If end insert a permanent or probationary
employee is not given the notices and a right to a hearing as
provided for in Section 44949, he or she shall be deemed
reemployed for the ensuing school year.

begin delete

The

end delete

begin insert (2) end insert begin insert   end insert begin insert The end insert governing board begin insert of a school district end insert shall make
assignments and reassignments in begin delete such end delete a manner that employees
shall be retained to render any service begin delete which end delete their begin delete seniority and
qualifications end delete begin insert seniority, qualifications, and effectiveness end insert entitle
them to render. However, begin delete prior to end delete begin insert before end insert assigning or reassigning
begin delete any end delete begin insert a end insert certificated employee to teach a subject begin delete which end delete begin insert that end insert he or she
has not previously taught, and for which he or she does not have
a teaching credential or begin delete which end delete begin insert that end insert is not within the employee’s
major area of postsecondary study or the equivalent thereof, the
governing board begin insert of the school district end insert shall require the employee
to pass a subject matter competency test in the appropriate subject.

(d) Notwithstanding begin delete subdivision (b), end delete begin insert subdivisions (b) and (c), end insert
a school district may deviate from terminating a certificated
employee in order begin delete of seniority end delete begin insert described in subdivision (b) end insert for
either of the following reasons:

(1) The begin insert school end insert district demonstrates a specific need for personnel
to teach a specific course or course of study, or to provide services
authorized by a services credential with a specialization in either
pupil personnel services or health for a school nurse, and that the
certificated employee has special training and experience necessary
to teach that course or course of study or to provide those services,
begin delete which end delete begin insert that end insert others with begin delete more seniority end delete begin insert a higher ranking on the
metric developed pursuant to paragraph (3) of subdivision (b) end insert do
not possess.

(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.

begin insert

(e) To the extent that this section as amended by Assembly Bill
934 of the 2015-16 Regular Session conflicts with a provision of
a collective bargaining agreement entered into by a public school
employer and an exclusive bargaining representative before
January 1, 2017, pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, the
changes made to this section by Assembly Bill 934 of the 2015-16
Regular Session shall not apply until expiration or renewal of that
collective bargaining agreement.

end insert

begin insert

begin insert SEC. 18. end insert   

end insert begin 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.

end insert

begin delete

SECTION 1.  

Section 11801 is added to the Education Code,
to read:

11801.  

With funds appropriated pursuant to subdivision (c) of
Section 58 of Assembly Bill 104 of the 2015-16 Regular Session,
the K-12 HSN advisory board shall create a program, and offer
to enter into an interagency agreement with the Office of the
Chancellor of the California Community Colleges, to develop a
sustainable training model that provides ongoing professional
development to local educational agency staff on all elements of
technical support to implement network infrastructure within
schools and provide school districts with utilization information
for optimal decisions.

end delete