BILL NUMBER: AB 934 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 3, 2016
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 1296, 44664, 44670, 44671,
44830.1, 44885.5, 44901, 44929.21,
44929.23, 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 Articles
Article 4.6 (commencing with Section 44520) and
Article 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 would, instead, 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, 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, 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 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.
This bill would authorize 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 the governing
board of a the school district
chooses to continue to classify a the
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 provided. The bill would
require that each 3rd - and
4th-year probationary employee of a school district
to participate in the California Peer Assistance and Review Program
for Teachers or a district-designed teacher support program.
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.
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.
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.
(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.
(9)
(10) 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 the
governing board of a 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
district, when a reduction in workforce i s
required, to terminate certificated employees when a
reduction in workforce is required. in a specified
order based on both seniority and evaluations of performance
.
(10)
(11) This bill would also make conforming changes and
nonsubstantive changes.
(11)
(12) 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:
SECTION 1. Section 1296 of the
Education Code is amended to read:
1296. (a) (1) If the average daily
attendance of the schools and classes maintained by a county
superintendent of schools is 250 pupils or more, each
person who, after being employed for three complete consecutive
school years by the county superintendent of schools
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 classes,
classes shall be classified as and become a
permanent employee of the county superintendent of schools.
Such an employee
(2) An employee described in paragraph
(1) shall have the same rights and duties as employees of
school districts to which Section 44882
44929.21 applies. Sections 44841, 44842,
44882, 44929.21, 44948.3, and 44948.5
are applicable apply to these
employees.
This
(3) This subdivision shall apply
only to probationary employees whose probationary period commenced
prior to before the 1983-84 fiscal
year.
(b) (1) If the average daily attendance of
the schools and classes maintained by a county superintendent of
schools is 250 pupils or more, each person
a highly effective certificated employee who,
after being employed for two three
complete consecutive school years by the county
superintendent of schools 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 classes, classes shall be classified
as and become a permanent employee of the county superintendent of
schools.
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
(2) An employee described in
paragraph (1) shall have the same rights and duties as
employees of school districts to which Section 44882
44929.21 applies. Sections 44841,
44842, 44882, 44929.21,
44948.3, and 44948.5 are applicable apply
to these employees.
(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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
(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.
This subdivision
(g) Subdivisions (b) to (f), inclusive,
shall apply only to probationary employees whose probationary
period commenced during the 1983-84 fiscal year or any fiscal year
thereafter.
(c)
(h) As used in this section, "teaching
the following definitions shall apply:
(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.
(2) "Teaching position" means
any a 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.
SECTION 1. SEC. 2. 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 that conforms with Article 11 (commencing with
Section 44660) 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 that conforms with Article 11 (commencing with
Section 44660) 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. SEC. 3. 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. SEC. 4. 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.
SEC. 4. SEC. 5. 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. SEC. 6. 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.
SEC. 6. SEC. 7. 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.
SEC. 8. Section 44830.1 of the
Education Code is amended to read:
44830.1. (a) In addition to any other prohibition or provision,
no a person who has been convicted of a
violent or serious felony shall not 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
felony, felony and who is a temporary employee, a
substitute employee, or a probationary employee serving before March
15 of the employee's second third
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
which, that, 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 any a
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 department. Department of Justice.
(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 provision of 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 second third
probationary year, year 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 all of the following:
(1) No A recipient may
shall not disclose its contents or provide
copies of information.
(2) Information received shall be stored in a locked file separate
from other files, files 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 through 708 to 708, 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.
SEC. 7. SEC. 9. 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 two succeeding
school year years 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 during the succeeding school year as
described in subdivision (a) may, 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.
(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 or to a second succeeding
school year as described in subdivision (a) shall participate
in either the California Peer Assistance and Review Program for
Teachers established pursuant to Article 4.5 (commencing with Section
44500) of Chapter 3 or a district-designed teacher
support program established pursuant to Article 4.6 (commencing with
Section 44520). 44520) of Chapter 3.
(3) Notwithstanding paragraph (2) of subdivision (a),
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.
(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).
(e) The governing board of a school district shall notify the
certificated employee, on or before March 15 of the certificated
employee's second, third, third and
fourth school year of probationary employment in a position requiring
certification qualification qualifications
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 a position. In the event
If 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 that conforms with Article 11 (commencing with
Section 44660) of Chapter 3 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. 10. Section 44901 of the Education
Code is amended to read:
44901. (a) (1) A certificated employee who
has served in a position or positions requiring certification
qualifications in two or more school districts, each
having an average daily attendance of 250 pupils 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 school
districts, shall at the commencement of the fourth consecutive
school year be classified as a permanent employee of the last
school district in which he or she was employed prior
to before his or her election for the fourth
consecutive school year.
Where
(2) Where there are two or more
school districts, each having an average daily attendance
of 250 pupils or more and governed by governing boards of
identical personnel, a certificated employee who has served in one of
the school 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 school districts, shall at
the commencement of the fourth consecutive school year be classified
as and become a permanent employee of the last school
district in which he or she was employed prior to
before his or her election for the fourth consecutive
school year.
This
(3) This subdivision shall apply
only to probationary employees whose probationary period commenced
prior to before the 1983-84 fiscal
year.
(b) (1) A certificated employee who has
served in a position or positions requiring certification
qualifications in two or more school districts, each
having an average daily attendance of 250 pupils or more
and governed by governing boards of identical personnel, for a total
of two three complete consecutive
school years, upon being elected for the third
fourth consecutive school year to a position or positions
requiring certification qualifications in any of the school
districts, shall at the commencement of the third
fourth consecutive school year be classified as
a permanent employee of the last school district in which
he or she was employed prior to before
his or her election for the third fourth
consecutive school year.
Where
(2) Where there are two or more
school districts, each having an average daily attendance
of 250 pupils or more and governed by governing boards of
identical personnel, a certificated employee who has served in one of
the school districts for two
three complete consecutive school years, upon being elected for
the third fourth consecutive school
year to a position or positions requiring certification
qualifications in any of the school districts, shall at
the commencement of the third fourth
consecutive school year be classified as and become a permanent
employee of the last school district in which he or she
was employed prior to before his or her
election for the third fourth
consecutive school year.
The
(3) The governing board of
the school district shall notify the employee, on or before
March 15 of the employee's second third
complete consecutive school year of employment by the school
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.
In the event that If the governing
board of the school district 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.
This
(4) This subdivision shall apply
only to probationary employees whose probationary period commenced
during the 1983-84 fiscal year or any fiscal year thereafter.
SEC. 8. SEC. 11. 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
year, 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
two three 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 year year, 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 two
three complete consecutive school years and who is further
reelected and employed during the succeeding school year
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 or to a third complete
consecutive school year as described in subdivision (b) shall
participate in either the California Peer Assistance and Review
Program for Teachers established pursuant to Article 4.5 (commencing
with Section 44500) of Chapter 3 or a district-designed
teacher support program established pursuant to Article 4.6
(commencing with Section 44520). 44520) of
Chapter 3.
(3) A 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.
(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, third and
fourth school year of probationary employment in a position requiring
certification qualification, 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 a
position. In the event If 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 that conforms with Article 11 (commencing with
Section 44660) of Chapter 3 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.
SEC. 12. Section 44929.23 of the
Education Code is amended to read:
44929.23. (a) The governing board of a school district of any
type or class having an average daily attendance of less
fewer than 250 pupils may classify as a
permanent employee of the school district any
an 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 of the school district thereafter shall
classify as a permanent employee of the school district
any a probationary employee who, after
being employed for two 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 as required by 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 Section 44929.21. Any
A probationary employee who has been employed by the
school district for two three 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 school 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.
SEC. 9. SEC. 13. 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 less fewer 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.
SEC. 10. SEC. 14. 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 fewer 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. SEC. 15. 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.
SEC. 12. SEC. 16. Section 44938 of
the Education Code is amended to read:
44938. (a) The governing board of any a
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 any a
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) of Chapter 3 or a
district-designed teacher support program established pursuant to
Article 4.6 (commencing with Section 44520) of Chapter 3
during the previous two years or a district-designed administrator
support program established pursuant to Article 4.7 (commencing with
Section 44550) of Chapter 3 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.
SEC. 13. SEC. 17. 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.
SEC. 14. SEC. 18. 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.
SEC. 15. SEC. 19. 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, 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. employee, including,
but not limited to, whether the school district's evaluation
conformed with Article 11 (commencing with Section 44660)
of Chapter 3.
(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. SEC. 20. 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. SEC. 21. 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) 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.
determining who is terminated.
(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). 44664.
(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). 44664.
(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). 44664.
(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). 44664.
(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 the
notices notice 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 metric
developed order established pursuant to
paragraph (3) (4) 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. SEC. 22. 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.