BILL NUMBER: AB 934 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2016
AMENDED IN SENATE JULY 2, 2015
AMENDED IN ASSEMBLY APRIL 20, 2015
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 26, 2015
An act to amend Sections 44664, 44670, 44671, 44885.5,
44929.21, 44934, 44937, 44938, 44943, 44944.05, 44945, and 44955 of,
to amend t he heading of Article 13 (commencing with
Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of,
to add Section 11801 to 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, the Education Code,
relating to education technology.
certificated school employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 934, as amended, Bonilla. Education technology: K-12
High-Speed Network: professional development.
Certificated school employees.
(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.
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.
(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.
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.
(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.
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.
(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.
This bill would authorize proceedings based solely on charges of
unsatisfactory performance to be initiated via an alternative
process, which this bill would establish.
(5) Existing law establishes the process for dismissal or
suspension hearing proceedings for certificated employees.
This bill would, instead, provide for a binding arbitration
process for charges based solely on unsatisfactory performance, which
this bill would establish.
(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.
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.
(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.
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.
(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.
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.
(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.
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.
(10) This bill would also make conforming changes and
nonsubstantive changes.
(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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4.6 (commencing with Section
44520) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of
the Education Code , to read:
Article 4.6. District-Designed Teacher Support Programs
44520. (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.
SEC. 2. Article 4.7 (commencing with Section
44550) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of
the Education Code , to read:
Article 4.7. District-Designed Administrator Support Programs
44550. 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.
SEC. 3. 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, 6301 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 certificated
employee. If an a certificated
employee is not performing his or her duties in a satisfactory manner
according to the standards prescribed by the governing
board, board of the school district, the
employing authority shall notify the certificated employee
in writing of that fact and describe the unsatisfactory performance.
The employing authority shall thereafter confer with the
certificated employee making specific recommendations as to
areas of improvement in the certificated 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 school district.
(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
(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.
(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.
(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), any a
certificated employee who receives an unsatisfactory rating
a rating below a satisfactory level on an
evaluation performed pursuant to this section shall participate in
the California Peer Assistance and Review Program for
Teachers.
(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).
(d)
(e) 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. board of the school
district.
(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.
SEC. 4. The heading of Article 13 (commencing with
Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of
the Education Code is amended to read:
Article 13. Principal and Vice Principal Evaluation
System
SEC. 5. Section 44670 of the Education
Code is amended to read:
44670. (a) The governing board of a school district may identify
who will conduct the evaluation of each school principal.
principal and vice principal.
(b) A Every school principal
and vice principal may be evaluated annually for the first and
second year of employment as a new principal or vice principal
in a school district. The governing board of the school
district 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 of the school
district may be agreed upon between the evaluator and the
principal. principal or vice principal.
(d) Evaluators and principals or vice principals may
review school success and progress throughout the year. This review
should include goals that are defined by the school district.
(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.
(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.
SEC. 6. Section 44671 of the Education
Code is amended to read:
44671. (a) Criteria for effective school principal or vice
principal evaluations may shall
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 or vice principal 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 must shall 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.
SEC. 7. Section 44885.5 of the Education
Code is amended to read:
44885.5. (a) Any (1)
A school district shall classify as a probationary
employee of the district any a person who is
employed as a district intern pursuant to Section 44830.3 and
any a person who has completed service
in the school 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 qualifications. qualifications
as a probationary employee of the school district.
The
(2) The governing board of a
school district may dismiss or suspend employees classified as
probationary employees pursuant to this subdivision in accordance
with the procedures specified in Section 44948 or 44948.3
44948.3, as applicable.
(b) Every certificated employee, A highly
effective 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)
shall, may, 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.
(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.
(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).
(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.
(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.
(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.
(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.
(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).
The
(e) The governing board of a
school district shall notify the certificated
employee, on or before March 15 of the certificated
employee's last complete consecutive second,
third, and fourth school year of probationary employment in a
position requiring certification qualification as described in
this subdivision, subdivision (b), 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, the a certificated
employee shall be deemed reelected as a permanent employee
for the next succeeding school year.
(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.
(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.
SEC. 8. Section 44929.21 of the
Education Code is amended to read:
44929.21. (a) (1) 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
school 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 school district.
This
(2) This subdivision shall apply
only to probationary employees whose probationary period commenced
prior to before the 1983-84 fiscal
year.
(b) Every A highly effective
certific ated 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 school district for two
complete consecutive school years in a position or positions
requiring certification qualifications, years,
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 school district.
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.
(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.
(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).
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
This subdivision
(h) Subdivisions (b) to (g), inclusive,
shall apply only to probationary employees whose probationary
period commenced during the 1983-84 fiscal year or any fiscal year
thereafter.
SEC. 9. Section 44934 of the Education
Code is amended to read:
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 charges. 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. 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. 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.
(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 Code. 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 Se ction
44932.
SEC. 10. Section 44934.2 is added to the
Education Code , to read:
44934.2. (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.
SEC. 11. Section 44937 of the Education
Code is amended to read:
44937. In a dismissal or suspension proceeding initiated pursuant
to Section 44934 or 44934.1, 44934, 44934.1,
or 44934.2, if the certificated employee does not
demand a hearing by filing a written request for hearing with the
governing board, board of the school
district, he or she may be dismissed or suspended without pay
for a specific period of time at the expiration of the 30-day period.
SEC. 12. Section 44938 of the Education
Code is amended to read:
44938. (a) The governing board of any school district shall not
act upon any charges of unprofessional conduct unless at least 45
calendar days prior to before the date
of the filing, the governing board of the school
district or its authorized representative has given the
employee against whom the charge is filed,
filed 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 it acts in
accordance with the provisions of paragraph (1) or (2):
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.
(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.
(c) (1) "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.
"Unprofessional
(2) "Unprofessional 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.
SEC. 13. Section 44943 of the Education
Code is amended to read:
44943. When any employee who has been served with notice pursuant
to Section 44934 or 44934.1 44934, 44934.1,
or 44934.2 of the governing board's
board of the school district's intention to dismiss or suspend
him or her demands a hearing, the governing board of the school
district shall have the option either (a) to rescind its
action, or (b) schedule a hearing on the matter.
SEC. 14. Section 44944.05 of the
Education Code is amended to read:
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 44934.1. 44934.1 or 44934.2.
(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 board,
board of a school district, 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.
SEC. 15. Section 44944.2 is added to the
Education Code , to read:
44944.2. (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.
SEC. 16. Section 44945 of the Education
Code is amended to read:
44945. (a) 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
of the school district 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.
(b) This section shall not apply to a decision reached in a
dismissal or suspension proceeding initiated pursuant to Section
44934.2.
SEC. 17. Section 44955 of the Education
Code is amended to read:
44955. (a) No A permanent employee
shall not 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 no a
probationary employee shall not be deprived of his or her
position for cause other than as specified in Sections 44948 to
44949, inclusive.
(b) Whenever in any (1)
If in a school year the average daily attendance in all of
the schools of a school district for the first six months
in which that school is in session
shall have declined below the corresponding period of either of the
previous two school years, whenever if
the governing board of the school district determines that
attendance in a school district will decline in the
following year as a result of the termination of an interdistrict
tuition agreement as defined described
in Section 46304, whenever if a
particular kind of service is to be reduced or discontinued not later
than the beginning of the following school year, or
whenever if the amendment of state law requires
the modification of curriculum, and when in the opinion of
if the governing board of the school
district determines it shall have become
necessary by reason of any of these conditions to decrease
the number of permanent employees in the school district,
the governing board of the school district may terminate
the services of not more than a corresponding percentage of the
certificated employees of the school district, permanent
as well as probationary, at the close of the school year.
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.
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.
(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.
(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.
(4) The governing board of a school district shall terminate
certificated employees in the following order:
(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).
(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).
(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).
(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).
As
(E) As between employees in
the same designation pursuant to paragraphs (1) to (4), inclusive,
who first rendered paid service to the school
district on the same date, date, and
demonstrate equivalent teacher effectiveness, the governing
board of the school district shall determine the order of
termination solely on the basis of needs of the school
district and the students thereof. pupils of
the school district. Upon the request of any
an employee whose order of termination is so determined,
the governing board of the school district shall furnish
in writing writing, no later than five
days prior to before 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. This
The requirement that the governing board of a school
district 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 such a the requirement.
(c) (1) Notice of such
the termination of services shall be given before the 15th
of May in the manner prescribed in Section 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 44949. If 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.
The
(2) The governing board of a
school district shall make assignments and reassignments in
such a manner that employees shall be retained to
render any service which their seniority
and qualifications
seniority, qualifications, and effectiveness
entitle them to render. However, prior to
before assigning or reassigning any a
certificated employee to teach a subject which
that he or she has not previously taught, and
for which he or she does not have a teaching credential or
which that is not within the employee's major
area of postsecondary study or the equivalent thereof, the governing
board of the school district shall require the employee to
pass a subject matter competency test in the appropriate subject.
(d) Notwithstanding subdivision (b),
subdivisions (b) and (c), a school district may deviate from
terminating a certificated employee in order of seniority
described in subdivision (b) for either of the
following reasons:
(1) The school 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, which that
others with more seniority a higher ranking
on the metric developed pursuant to paragraph (3) of subdivision (b)
do not possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws.
(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.
SEC. 18. 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.
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.