Amended in Senate May 3, 2016

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 amend Sections begin insert 1296, end insert 44664, 44670, 44671, begin insert 44830.1, end insert 44885.5, begin insert 44901, end insert 44929.21, begin insert 44929.23, end insert 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 add Sections 44934.2 and 44944.2 to, and to add begin delete Articles end delete begin insert Article end insert 4.6 (commencing with Section 44520) and begin insert Article end insert 4.7 (commencing with Section 44550) to Chapter 3 of Part 25 of Division 3 of Title 2 of, the Education Code, relating to certificated school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 934, as amended, Bonilla. 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 begin delete would, instead, end delete begin insert would instead end insert 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 begin delete would, instead, end delete begin insert would instead end insert 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 begin delete would, instead, end delete begin insert would instead end insert 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 begin insert school end insert 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 begin delete authorize end delete begin insert instead require a certificated employee who has completed 3 years of service to the school 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, unless end insert the governing board of begin delete a end delete begin insert the end insert school district begin insert chooses end insert to continue to classify begin delete a end delete begin insert the end insert certificated employee begin delete who has completed 2 years of service to the district and who is further reelected and employed during the succeeding school year end delete as a probationary employee for a begin delete 3rd or end delete 4th year, as begin delete provided, and to end delete begin insert provided. The bill would end insert require begin delete that end delete begin insert each 3rd end insert begin insert - and 4th-year probationary end insert employee begin insert of a school district end insert to participate in the California Peer Assistance and Review Program for Teachers or a district-designed teacher support program.

begin insert

Existing law requires each person who, after being employed for 2 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools.

end insert begin insert

This bill would instead require each certificated employee who, after being employed for 3 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools, unless the county superintendent of schools chooses to continue to classify the certificated employee as a probationary employee for a 4th year, as provided. The bill would require each 3rd- and 4th-year probationary employee of a county superintendent of schools, if the county superintendent of schools participates in the California Peer Assistance and Review Program for Teachers, to participate in the program.

end insert begin insert

This bill would provide that, notwithstanding any other law, a 3rd- or 4th-year probationary employee has the due process and appeal rights of a permanent employee.

end insert begin insert

(9) Existing law provides that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel, as specified, for a total of 2 complete consecutive school years, upon being elected for the 3rd consecutive school year in either school district, shall, at the commencement of that year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.

This bill would instead provide that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel, for a total of 3 complete consecutive school years, upon being elected for the 4th consecutive school year in either school district, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.

Existing law also provides that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 2 complete consecutive school years, upon being elected for a 3rd consecutive school year in any of the school districts, shall, at the commencement of that 3rd year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.

This bill would instead provide that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 3 complete consecutive school years, upon being elected for a 4th consecutive school year in any of the school districts, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.

end insert begin delete

(9)

end delete

begin insert (10) end insert  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 begin delete each end delete begin insert the governing board of a end insert school begin delete 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 end delete begin insert district, when a reduction in workforce is required, to end insert terminate certificated employees begin delete when a reduction in workforce is required. end delete begin insert in a specified order based on both seniority and evaluations of performance end insert begin insert . end insert

begin delete

(10)

end delete

begin insert (11) end insert  This bill would also make conforming changes and nonsubstantive changes.

begin delete

(11)

end delete

begin insert (12) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1296 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

1296.  

(a)  begin insert (1) end insert begin insert   end insert If the average daily attendance of the schools
and classes maintained by a county superintendent of schools is
250 begin insert pupils end insert or more, each person who, after being employed for
three complete consecutive school years by the begin insert county end insert
superintendent begin insert of schools end insert in a teaching position in those schools
or classes requiring certification qualifications and whose salary
is paid from the county school service fund, is reelected for the
next succeeding school year to such a position in those schools or
begin delete classes, end delete begin insert classes end insert shall be classified as and become a permanent
employee of the county superintendent of schools.

begin delete

Such an employee

end delete

begin insert (2) end insert begin insert   end insert begin insert An employee described in paragraph (1) end insert shall have the same
rights and duties as employees of school districts to which Section
begin delete 44882 end delete begin insert 44929.21 end insert applies. Sections begin delete 44841, end delete 44842, begin delete 44882, end delete begin insert 44929.21, end insert
44948.3, and 44948.5 begin delete are applicable end delete begin insert apply end insert to these employees.

begin delete

This

end delete

begin insert (3) 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 insert (1) end insert begin insert   end insert If the average daily attendance of the schools and classes
maintained by a county superintendent of schools is 250 begin insert pupils end insert or
more, begin delete each person end delete begin insert a highly effective certificated employee end insert who,
after being employed for begin delete two end delete begin insert three end insert complete consecutive school
years by the begin insert county end insert superintendent begin insert of schools end insert in a teaching position
in those schools or classes requiring certification qualifications
and whose salary is paid from the county school service fund, is
reelected for the next succeeding school year to such a position in
those schools or begin delete classes, end delete begin insert classes end insert shall be classified as and become
a permanent employee of the county superintendent of schools.

begin delete

The county superintendent of schools shall notify the employee,
on or before March 15 of the employee’s second complete
consecutive year of employment by the superintendent in a teaching
position in schools or classes maintained by the superintendent
requiring certification qualifications, of the decision to reelect or
not reelect the employee for the next succeeding school year to
such a position in those schools. In the event that the county
superintendent 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.

Such an

end delete

begin insert (2) end insert begin insert   end insert begin insert An end insert employee begin insert described in paragraph (1) end insert shall have the same
rights and duties as employees of school districts to which Section
begin delete 44882 end delete begin insert 44929.21 end insert applies. Sections begin delete 44841, end delete 44842, begin delete 44882, end delete begin insert 44929.21, end insert
44948.3, and 44948.5 begin delete are applicable end delete begin insert apply end insert to these employees.

begin insert

(c) (1) Notwithstanding subdivision (b), the county
superintendent of schools may require a certificated employee,
who after having been employed by the county superintendent of
schools for three 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 fourth
year.

end insert begin insert

(2) A certificated employee who is reelected as a probationary
employee pursuant to this subdivision or to a third complete
consecutive school year as described in subdivision (b) shall, if
the county office of education participates in the California Peer
Assistance and Review Program for Teachers established pursuant
to Article 4.5 (commencing with Section 44500) of Chapter 3 of
Part 25 of Division 3 of Title 2, participate in the program.

end insert begin insert

(3) Notwithstanding any other law, 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
county superintendent of schools 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 county
superintendent of schools.

end insert begin insert

(d) (1) Notwithstanding subdivision (c), a certificated employee
who had previously been granted permanent status by another
county superintendent of schools 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 by the county
superintendent of schools.

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 by another county superintendent of schools to
gain permanent status without meeting the requirements of
subdivision (b) or (c).

end insert begin insert

(e) The county superintendent of schools shall notify a
certificated employee, on or before March 15 of the certificated
employee’s third and fourth school year of probationary
employment in a position requiring certification qualifications, 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 position. If the
county superintendent of schools 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) 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 (g) end insert begin insert   end insert begin insert Subdivisions (b) to (f), 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 delete

(c)

end delete

begin insert (h) end insert  As used in this section, begin delete “teaching end delete begin insert the following definitions
shall apply: end insert

begin insert

(1) “Highly effective certificated employee” means a certificated
employee who, in the view of the county superintendent of schools,
demonstrates proficiency with the California Standards for the
Teaching Profession.

end insert

begin insert (2) end insert begin insert   end insert begin insert “Teaching end insert position” means begin delete any end delete begin insert a end insert certificated position
designated as of January 1, 1983, by the county board of education
or the county superintendent of schools as a teaching position for
the purpose of granting probationary or permanent status.

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

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 begin insert that conforms with Article 11 (commencing with Section
44660) end insert 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 begin insert that conforms with Article 11
(commencing with Section 44660) end insert designating the certificated
employee in a category below the satisfactory levels that the school
district has established pursuant to subdivision (c) of Section
44664.

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

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.

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

Section 44664 of the Education Code is amended to
read:

44664.  

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

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

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

(3) At least every five years for personnel with permanent status
who have been employed at least 10 years with the school district,
are highly qualified, if those personnel occupy positions that are
required to be filled by a highly qualified professional by the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
et seq.), as defined in 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 a certificated employee is not performing his or her
duties in a satisfactory manner according to the standards
prescribed by the governing board of the school district, the
employing authority shall notify the 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) 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), a certificated
employee who receives 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).

(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 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.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

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

 

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

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
and vice principal.

(b) 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 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.

begin delete SEC. 6. end delete

begin insert SEC. 7. end insert   

Section 44671 of the Education Code is amended to
read:

44671.  

(a) Criteria for effective school principal or vice
principal evaluations 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 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.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 44830.1 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44830.1.  

(a) In addition to any other prohibition or provision,
begin delete no end delete begin insert a end insert person who has been convicted of a violent or serious felony
shall begin insert not end insert be hired by a school district in a position requiring
certification qualifications or supervising positions requiring
certification qualifications. A school district shall not retain in
employment a current certificated employee who has been
convicted of a violent or serious begin delete felony, end delete begin insert felony end insert and who is a
temporary employee, a substitute employee, or a probationary
employee serving before March 15 of the employee’s begin delete second end delete begin insert third end insert
probationary year. If any conviction is reversed and the formerly
convicted person is acquitted of the offense in a new trial, or the
charges are dismissed, this section does not prohibit his or her
employment thereafter.

(b) This section applies to any violent or serious offense begin delete which, end delete
begin insert that, end insert if committed in this state, would have been punishable as a
violent or serious felony.

(c) (1) For purposes of this section, a violent felony is any
felony listed in subdivision (c) of Section 667.5 of the Penal Code
and a serious felony is any felony listed in subdivision (c) of
Section 1192.7 of the Penal Code.

(2) For purposes of this section, a plea of nolo contendere to a
serious or violent felony constitutes a conviction.

(3) For purposes of this section, the term “school district” has
the same meaning as defined in Section 41302.5.

(d) When the governing board of begin delete any end delete begin insert a end insert school district requests
a criminal record summary of a temporary, substitute, or
probationary certificated employee, two fingerprint cards, bearing
the legible rolled and flat impressions of the person’s fingerprints
together with a personal description and the fee, shall be submitted,
by any means authorized by the Department of Justice, to the
Department of Justice.

(e) When the Department of Justice ascertains that an individual
who is an applicant for employment by a school district has been
convicted of a violent or serious felony, or for purposes of
implementing the prohibitions set forth in Section 44836, any sex
offense, as defined in Section 44010, or any controlled substance
offense, as defined in Section 44011, the department shall notify
the school district of the criminal information pertaining to the
applicant. The notification shall be delivered by telephone or
electronic mail to the school district. The notification to the school
district shall cease to be made once the statewide electronic
fingerprinting network is returning responses within three working
days. The Department of Justice shall send by first-class mail or
electronic mail a copy of the criminal information to the
Commission on Teacher Credentialing. The Department of Justice
may charge a reasonable fee to cover the costs associated with
processing, reviewing, and supplying the criminal record summary
required by this section. In no event shall the fee exceed the actual
costs incurred by the begin delete department. end delete begin insert Department of Justice. end insert

(f) Notwithstanding subdivision (a), a person shall not be denied
employment or terminated from employment solely on the basis
that the person has been convicted of a violent or serious felony
if the person has obtained a certificate of rehabilitation and pardon
pursuant to Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 of the Penal Code.

(g) Notwithstanding subdivision (f), a person shall not be denied
employment or terminated from employment solely on the basis
that the person has been convicted of a serious felony that is not
also a violent felony if that person can prove to the sentencing
court of the offense in question, by clear and convincing evidence,
that he or she has been rehabilitated for the purposes of school
employment for at least one year. If the offense in question
occurred outside this state, then the person may seek a finding of
rehabilitation from the court in the school district in which he or
she is a resident.

(h) Notwithstanding any other begin delete provision of end delete law, when the
Department of Justice notifies a school district by telephone or
electronic mail that a current temporary employee, substitute
employee, or probationary employee serving before March 15 of
the employee’s begin delete second end delete begin insert third end insert probationary begin delete year, end delete begin insert year end insert has been
convicted of a violent or serious felony, that employee shall
immediately be placed on leave without pay. When the school
district receives written electronic notification of the fact of
conviction from the Department of Justice, the employee shall be
terminated automatically and without regard to any other procedure
for termination specified in this code or school district procedures
unless the employee challenges the record of the Department of
Justice and the Department of Justice withdraws in writing its
notification to the school district. Upon receipt of written
withdrawal of notification from the Department of Justice, the
employee shall immediately be reinstated with full restoration of
salary and benefits for the period of time from the suspension
without pay to the reinstatement.

(i) An employer shall request subsequent arrest service from
the Department of Justice as provided under Section 11105.2 of
the Penal Code.

(j) Notwithstanding Section 47610, this section applies to a
charter school.

(k) This section shall not apply to a certificated employee who
applies to renew his or her credential when both of the following
conditions have been met:

(1) The employee’s original application for credential was
accompanied by that person’s fingerprints.

(2) The employee has either been continuously employed in
one or more public school districts since the issuance or last
renewal of his or her credential or his or her credential has not
expired between renewals.

(l) Nothing in this section shall prohibit a county superintendent
of schools from issuing a temporary certificate to any person
described in paragraph (1) or (2) of subdivision (k).

(m) This section shall not prohibit a school district from hiring
a certificated employee who became a permanent employee of
another school district as of October 1, 1997.

(n) All information obtained from the Department of Justice is
confidential. Every agency handling Department of Justice
information shall ensure begin insert all of end insert the following:

(1)  begin delete No end delete begin insert A end insert recipient begin delete may end delete begin insert shall not end insert disclose its contents or provide
copies of information.

(2) Information received shall be stored in a locked file separate
from other begin delete files, end delete begin insert files end insert and shall only be accessible to the custodian
of records.

(3) Information received shall be destroyed upon the hiring
determination in accordance with subdivision (a) of Section 708
of Title 11 of the California Code of Regulations.

(4) Compliance with destruction, storage, dissemination,
auditing, backgrounding, and training requirements as set forth in
Sections 700 begin delete through 708 end delete begin insert to 708, end insert inclusive, of Title 11 of the
California Code of Regulations and Section 11077 of the Penal
Code governing the use and security of criminal offender record
information is the responsibility of the entity receiving the
information from the Department of Justice.

begin delete SEC. 7. end delete

begin insert SEC. 9. end insert   

Section 44885.5 of the Education Code is amended to
read:

44885.5.  

(a) (1) A school district shall classify a person who
is employed as a district intern pursuant to Section 44830.3 and 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 begin insert two end insert succeeding school begin delete year end delete
begin insert years end insert to a position requiring certification qualifications as a
probationary employee of the school district.

(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, as applicable.

(b) 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 begin delete during the succeeding school year end delete as described in
subdivision (a) begin delete may, end delete begin insert shall, 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 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 begin delete during the succeeding school year end delete
as described in subdivision (a) to continue to be classified as a
probationary employee for a begin delete third or end delete fourth year.

(2) A certificated employee who is reelected as a probationary
employee pursuant to this subdivision begin insert or to a second succeeding
school year as described in subdivision (a) end insert shall participate in
either the California Peer Assistance and Review Program for
Teachers established pursuant to Article 4.5 (commencing with
Section 44500) begin insert of Chapter 3 end insert or a district-designed teacher support
program established pursuant to Article 4.6 (commencing with
Section begin delete 44520). end delete begin insert 44520) of Chapter 3. end insert

(3) Notwithstanding begin delete paragraph (2) of subdivision (a), end delete begin insert any other
law, end insert 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 begin delete during
the succeeding school year end delete 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).

(e) The governing board of a school district shall notify the
certificated employee, on or before March 15 of the certificated
employee’s begin delete second, third, end delete begin insert third end insert and fourth school year of
probationary employment in a position requiring certification
begin delete qualification end delete begin insert qualifications end insert as described in 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 begin delete a end delete position. begin delete In
the event end delete begin insert If end insert 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 begin insert that conforms with Article 11
(commencing with Section 44660) end insert begin insert of Chapter 3 end insert 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.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 44901 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44901.  

(a)  begin insert (1) end insert begin insert   end insert A certificated employee who has served in a
position or positions requiring certification qualifications in two
or more begin insert school end insert districts, each having an average daily attendance
of 250 begin insert pupils end insert or more and governed by governing boards of
identical personnel, for a total of three complete consecutive school
years, upon being elected for the fourth consecutive school year
to a position or positions requiring certification qualifications in
any of the begin insert school end insert districts, shall at the commencement of the fourth
consecutive school year be classified as a permanent employee of
the last begin insert school end insert district in which he or she was employed begin delete prior to end delete
begin insert before end insert his or her election for the fourth consecutive school year.

begin delete

Where

end delete

begin insert (2) end insert begin insert   end insert begin insert Where end insert there are two or more begin insert school end insert districts, each having
an average daily attendance of 250 begin insert pupils end insert or more and governed
by governing boards of identical personnel, a certificated employee
who has served in one of the begin insert school end insert districts for three complete
consecutive school years, upon being elected for the fourth
consecutive school year to a position or positions requiring
certification qualifications in any of the begin insert school end insert districts, shall at
the commencement of the fourth consecutive school year be
classified as and become a permanent employee of the last begin insert school end insert
district in which he or she was employed begin delete prior to end delete begin insert before end insert his or her
election for the fourth consecutive school year.

begin delete

This

end delete

begin insert (3) 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 insert (1) end insert begin insert   end insert A certificated employee who has served in a position
or positions requiring certification qualifications in two or more
begin insert school end insert districts, each having an average daily attendance of 250
begin insert pupils end insert or more and governed by governing boards of identical
personnel, for a total of begin delete two end delete begin insert three end insert complete consecutive school
years, upon being elected for the begin delete third end delete begin insert fourth end insert consecutive school
year to a position or positions requiring certification qualifications
in any of the begin insert school end insert districts, shall at the commencement of the
begin delete third end delete begin insert fourth end insert consecutive school year be classified as a permanent
employee of the last begin insert school end insert district in which he or she was
employed begin delete prior to end delete begin insert before end insert his or her election for the begin delete third end delete begin insert fourth end insert
consecutive school year.

begin delete

Where

end delete

begin insert (2) end insert begin insert   end insert begin insert Where end insert there are two or more begin insert school end insert districts, each having
an average daily attendance of 250 begin insert pupils end insert or more and governed
by governing boards of identical personnel, a certificated employee
who has served in one of the begin insert school end insert districts for begin delete two end delete begin insert three end insert complete
consecutive school years, upon being elected for the begin delete third end delete begin insert fourth end insert
consecutive school year to a position or positions requiring
certification qualifications in any of the begin insert school end insert districts, shall at
the commencement of the begin delete third end delete begin insert fourth end insert consecutive school year be
classified as and become a permanent employee of the last begin insert school end insert
district in which he or she was employed begin delete prior to end delete begin insert before end insert his or her
election for the begin delete third end delete begin insert fourth end insert consecutive school year.

begin delete

The

end delete

begin insert (3) end insert begin insert   end insert begin insert The end insert governing board begin insert of the school district end insert shall notify the
employee, on or before March 15 of the employee’s begin delete second end delete begin insert third end insert
complete consecutive school year of employment by the begin insert school end insert
districts 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 such a position. begin delete In the event
that end delete begin insert If end insert the governing board begin insert of the school district end insert 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.

begin delete

This

end delete

begin insert (4) end insert begin insert   end insert begin insert This end insert subdivision shall apply only to probationary employees
whose probationary period commenced during the 1983-84 fiscal
year or any fiscal year thereafter.

begin delete SEC. 8. end delete

begin insert SEC. 11. end insert   

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
begin delete year end delete begin insert year, end insert be classified as and become a permanent employee of
the school district.

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

(b) A highly effective certificated 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
begin delete two end delete begin insert three end insert complete consecutive school years, is reelected for the
next succeeding school year to a position requiring certification
qualifications shall, at the commencement of the succeeding school
begin delete year end delete begin insert year, end insert 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, after
having been employed by the school district for begin delete two end delete begin insert three end insert complete
consecutive school years and who is further reelected and employed
during the succeeding school begin delete year end delete begin insert year, end insert to continue to be classified
as a probationary employee for a begin delete third or end delete fourth year.

(2) A certificated employee who is reelected as a probationary
employee pursuant to this subdivision begin insert or to a third complete
consecutive school year as described in subdivision (b) end insert shall
participate in either the California Peer Assistance and Review
Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500) begin insert of Chapter 3 end insert or a
district-designed teacher support program established pursuant to
Article 4.6 (commencing with Section begin delete 44520). end delete begin insert 44520) of Chapter
3. end insert

(3)  begin delete A end delete begin insert Notwithstanding any other law, a end insert 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 begin delete second, third, end delete begin insert third end insert and fourth school year of
probationary employment in a position requiring certification
begin delete qualification, end delete begin insert qualifications, end insert 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 begin delete a end delete position. begin delete In the event end delete begin insert If end insert 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 begin insert that conforms with Article 11
(commencing with Section 44660) end insert begin insert of Chapter 3 end insert 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.

(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.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 44929.23 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

44929.23.  

(a) The governing board of a school district of any
type or class having an average daily attendance of begin delete less end delete begin insert fewer end insert than
250 pupils may classify as a permanent employee of the begin insert school end insert
district begin delete any end delete begin insert an end insert employee 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. If that classification is not made, the
employee shall not attain permanent status and may be reelected
from year to year thereafter without becoming a permanent
employee until a change in classification is made.

(b) Notwithstanding subdivision (a), Section 44929.21 shall
apply to certificated employees employed by a school district, if
the governing board of the school district elects to dismiss
probationary employees pursuant to Section 44948.2. If that
election is made, the governing board begin insert of the school district end insert
thereafter shall classify as a permanent employee of the begin insert school end insert
district begin delete any end delete begin insert a end insert probationary employee who, after being employed
for begin delete two end delete begin insert three end insert 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
begin delete qualifications as required by end delete begin insert qualifications, unless the governing
board of the school district requires the employee to continue to
be classified as a probationary employee for a fourth year pursuant
to end insert Section 44929.21. begin delete Any end delete begin insert A end insert probationary employee who has been
employed by the begin insert school end insert district for begin delete two end delete begin insert three end insert or more consecutive
years on the date of that election in a position or positions requiring
certification qualifications shall be classified as a permanent
employee of the begin insert school end insert district.

(c) If the classification is not made pursuant to subdivision (a)
or (b), the employee shall not attain permanent status and may be
reelected from year to year thereafter without becoming a
permanent employee until the classification is made.

begin delete SEC. 9. end delete

begin insert SEC. 13. end insert   

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, 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
begin delete less end delete begin insert fewer end insert than 250 pupils that has not adopted a collective
bargaining agreement pursuant to subdivision (b) of Section 3542.2
of the Government 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.

begin delete SEC. 10. end delete

begin insert SEC. 14. end insert   

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 begin delete less end delete begin insert fewer end insert than 250 pupils that has not adopted a collective
bargaining agreement pursuant to subdivision (b) of Section 3543.2
of the Government Code.

begin delete SEC. 11. end delete

begin insert SEC. 15. end insert   

Section 44937 of the Education Code is amended to
read:

44937.  

In a dismissal or suspension proceeding initiated
pursuant to Section 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 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.

begin delete SEC. 12. end delete

begin insert SEC. 16. end insert   

Section 44938 of the Education Code is amended to
read:

44938.  

(a) The governing board of begin delete any end delete begin insert a end insert school district shall
not act upon any charges of unprofessional conduct unless at least
45 calendar days 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 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 begin delete any end delete begin insert a end insert school district shall not act
upon any charges of unsatisfactory performance 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 established pursuant to Article 4.5 (commencing with
Section 44500) begin insert of Chapter 3 end insert or a district-designed teacher support
program established pursuant to Article 4.6 (commencing with
Section 44520) begin insert of Chapter 3 end insert during the previous two years or a
district-designed administrator support program established
pursuant to Article 4.7 (commencing with Section 44550) begin insert of
Chapter 3 end insert during the previous year.

(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.

(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.

begin delete SEC. 13. end delete

begin insert SEC. 17. end insert   

Section 44943 of the Education Code is amended to
read:

44943.  

When any employee who has been served with notice
pursuant to Section 44934, 44934.1, or 44934.2 of the governing
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.

begin delete SEC. 14. end delete

begin insert SEC. 18. end insert   

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 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 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.

begin delete SEC. 15. end delete

begin insert SEC. 19. end insert   

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 begin delete occur, end delete begin insert occur end insert 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 begin delete employee. end delete begin insert employee, including, but not limited to,
whether the school district’s evaluation conformed with Article
11 (commencing with Section 44660) end insert begin insert of Chapter 3. end insert

(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.

begin delete SEC. 16. end delete

begin insert SEC. 20. end insert   

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.

begin delete SEC. 17. end delete

begin insert SEC. 21. end insert   

Section 44955 of the Education Code is amended to
read:

44955.  

(a) 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 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) (1) If in a school year the average daily attendance in all of
the schools of a school district for the first six months that school
is in session shall have declined below the corresponding period
of either of the previous two school years, 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 described in Section 46304,
if a particular kind of service is to be reduced or discontinued not
later than the beginning of the following school year, or if the
amendment of state law requires the modification of curriculum,
and if the governing board of the school district determines it
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.

(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)  begin delete 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. end delete A school district shall not use teacher salary as a factor in

begin delete this metric. end delete begin insert determining who is terminated. end insert

(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 begin delete 44664 in the inverse order of the
metric established pursuant to paragraph (3). end delete begin insert 44664. end insert

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

begin insert 44664. end insert

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

(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, 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 pupils of the school district. Upon
the request of an employee whose order of termination is so
determined, the governing board of the school district shall furnish
in writing, no later than five days 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. 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 the requirement.

(c) (1) Notice of the termination of services shall be given
before the 15th of May in the manner prescribed in Section 44949.
If a permanent or probationary employee is not given begin delete the notices end delete
begin insert notice end insert and a right to a hearing as provided for in Section 44949,
he or she shall be deemed reemployed for the ensuing school year.

(2) The governing board of a school district shall make
assignments and reassignments in a manner that employees shall
be retained to render any service their seniority, qualifications,
and effectiveness entitle them to render. However, before assigning
or reassigning a certificated employee to teach a subject that he or
she has not previously taught, and for which he or she does not
have a teaching credential or 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 subdivisions (b) and (c), a school district
may deviate from terminating a certificated employee in order
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,
that others with a higher ranking on the begin delete metric developed end delete begin insert order
established end insert pursuant to paragraph begin delete (3) end delete begin insert (4) end insert 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.

begin delete SEC. 18. end delete

begin insert SEC. 22. end insert   

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