Amended in Senate June 22, 2016

Amended in Senate May 17, 2016

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 1296, begin delete 44270, end delete 44270.1, begin delete 44664, end delete 44670, 44671, 44830.1, 44885.5, 44901, 44929.21, begin delete 44929.23, 44934, 44937, 44938, 44943, 44944.05, 44945, and 44955 end delete begin insert and 44929.23 end insert 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, begin delete to add Sections 44934.2 and 44944.2 to, end delete and to add begin delete Article 4.6 (commencing with Section 44520) and end delete Article 4.7 (commencing with Section 44550) to Chapter 3 of Part 25 of Division 3 of Title 2 of, the Education Code, and to amend Section 3543.2 of the Government 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 begin insert that end insert meets local conditions and conforms to specified principles.

This begin delete bill would require each school district to create a 2-year teacher support program, through collective bargaining, if requested by the school district or the exclusive representative, 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. The end delete bill would require each school district to create a multiple-day begin delete principal and vice principal end delete begin insert administrator end insert training program on how to evaluate teachers and would require specified administrators begin delete demonstrating unsatisfactory performance end delete to participate in the program. 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 begin delete principal or vice principal end delete begin insert principal, vice principal, or assistant principal, as applicable, end insert support program that would allow highly effective school administrators to support specified begin delete principals or vice principals end delete begin insert principals, vice principals, or assistant principals, as applicable, end insert demonstrating unsatisfactory performance to become proficient in the California Professional Standards for Educational Leaders.

begin delete

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

end delete begin delete

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

end delete begin delete

(3)

end delete

begin insert (2) end insert  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 require the governing board of a school district to annually evaluate a school begin delete principal and vice principal end delete begin insert principal, vice principal, and assistant principal, as applicable, end insert for the first and 2nd year of employment. The bill would require the superintendent of a school district to annually begin delete provide reports on the evaluation or nonevaluation of principals and vice principals end delete begin insert submit a report outlining his or her plan for the evaluation and support of principals, vice principals, and assistant principals, as applicable, of the school district end insert to the governing board of the school district. 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 begin delete principal or vice principal. end delete begin insert principal, vice principal, or assistant principal, as applicable. end insert By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would express the intent of the Legislature that every school begin delete principal and vice principal end delete begin insert principal, vice principal, and assistant principal, as applicable, end insert 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 and are performing effective evaluations of teachers.

begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

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

end delete begin delete

(8)

end delete

begin insert (3) end insert  Existing law requires a certificated employee who has completed 2 years of service to the school district as begin delete an intern or end delete begin insert a end insert probationary begin delete employee end delete begin insert employee, or one year as an intern and a succeeding year as a probationary employee, end insert and who is further reelected and employed during the succeeding school year to be classified as a permanent employee.

This bill would instead require a certificated employee who has completed 3 years of service to the school district as begin delete an intern or end delete begin insert a end insert probationary begin delete employee end delete begin insert employee, or one year as an intern and 2 succeeding years as a probationary employee, end insert and who is further reelected and employed during the succeeding school year to be classified as a permanent employee, begin delete unless the governing board of the school district chooses to continue to classify the certificated employee as a probationary employee for a 4th year, end delete as provided. The bill would require each begin delete 3rd- and 4th-year probationary end delete begin insert 3rd-year end insert employee of a school district begin insert who is probationary end insert to begin delete participate in the California Peer Assistance and Review Program for Teachers or a district-designed teacher support program. end delete begin insert continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program. end 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.

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, begin delete unless the county superintendent of schools chooses to continue to classify the certificated employee as a probationary employee for a 4th year, end delete as provided. The bill would require each begin delete 3rd- and 4th-year end delete begin insert 3rd-year end insert probationary employee of a county superintendent of begin delete schools, if the county superintendent of schools participates in the California Peer Assistance and Review Program for Teachers, to participate in the program. end delete begin insert schools to continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program. end insert

begin delete

This bill would provide that, notwithstanding any other law, a 3rd- or 4th-year probationary employee shall not be released or dismissed without cause and may appeal release or dismissal.

end delete begin delete

(9)

end delete

begin insert (4) end insert  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.

begin delete

(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.

end delete begin delete

This bill would instead require the governing board of a school district, when a reduction in workforce is required, to terminate certificated employees in a specified order based on both seniority and evaluations of performance.

end delete begin delete

(11) Under existing law, the minimum requirements for a preliminary services credential with a specialization in administrative services include completion of a minimum of 3 years of successful, full-time classroom teaching experience or 3 years of experience in the field of pupil personnel, health, clinical or rehabilitative, or librarian services.

end delete begin delete

This bill would instead provide that the minimum requirements for a preliminary services credential with a specialization in administrative services include completion of 5 years of successful, full-time classroom teaching experience or 5 years of experience in the field of pupil personnel, health, clinical or rehabilitative, or librarian services, or a combination of those experiences equal to 5 years.

end delete

begin insert (5) end insert begin insert   end insert Under existing law, the minimum requirements for a professional services credential with a specialization in administrative services include the completion of an individualized program of professional development activities and 2 years of successful experience in a full-time administrative position.

This bill would require a credential candidate to complete the individualized program during the first 2 years of experience in a full-time administrative position and would require the individualized program to include training on how to properly and effectively evaluate certificated employees.

begin insert

(6) Existing law requires the public school employer and the exclusive representative, upon request of either party, to meet and negotiate regarding causes and procedures for disciplinary action, other than dismissal, including a suspension of pay for up to 15 days, affecting certificated employees.

end insert begin insert

This bill instead would require the public school employer and the exclusive representative, upon request of either party, to meet and negotiate regarding causes and procedures for disciplinary action, including, but not limited to, a suspension of pay for up to 15 days or dismissal, affecting certificated employees. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

end insert begin delete

(12)

end delete

begin insert (7) end insert  This bill would also make conforming changes and nonsubstantive changes.

begin delete

(13)

end delete

begin insert (8) 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:

SECTION 1.  

It is the intent of the Legislature that this act shall
not affect any existing requirements imposed pursuant to Article
11 (commencing with Section 44660) of Chapter 3 of Part 25 of
Division 3 of Title 2 of the Education Code.

SEC. 2.  

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 shall be classified as and become a permanent employee
of the county superintendent of schools.

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

(3) This subdivision shall apply only to probationary employees
whose probationary period commenced 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, a highly effective certificated employee 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 shall be classified as and become a permanent employee
of the county superintendent of schools.

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

begin delete

(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 delete begin delete

(2)

end delete

begin insert (c) end insert  A certificated employee who is reelected begin delete as a probationary
employee pursuant to this subdivision or end delete to a third complete
consecutive school year as described in subdivision (b) begin delete 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 delete begin insert shall
continue to participate in the mentoring relationships with the
support and professional development providers initiated during
the California beginning teacher support and assessment program
pursuant to Section 44279.2. The employee is not required to
continue other aspects of the California beginning teacher support
and assessment program during his or her third year. end insert

begin delete

(3) Notwithstanding any other law, a third- or fourth-year
probationary employee shall not be released or dismissed without
cause and may appeal release or dismissal to the county board of
education.

(4) During the third and fourth year as a probationary employee,
the employee shall be observed by multiple administrators,
including an administrator from a schoolsite other than the
schoolsite at which the employee is on probation, 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 for
cause or shall be retained for a fourth year as a probationary
employee after one year of the support program.

end delete

(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 school year of probationary employment in a
position requiring certification qualifications, of the decision to
reelect as a permanent begin delete employee, reelect as a probationary end delete
employee, or not reelect the certificated employee for the next
succeeding school year to this type of position. begin delete The county
superintendent of schools shall notify a certificated employee, on
or before March 15 of the certificated employee’s fourth school
year of probationary employment in a position requiring
certification qualifications, of the decision to reelect as a permanent
employee or not reelect the certificated employee for the next
succeeding school year to this type of position. end delete 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.

(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.

(h) As used in this section, 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 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.

begin delete

SEC. 3.  

Section 44270 of the Education Code is amended to
read:

44270.  

(a) The minimum requirements for the preliminary
services credential with a specialization in administrative services
shall include all of the following:

(1) Possession of one of the following:

(A) A valid teaching credential requiring the possession of a
baccalaureate degree and a professional preparation program
including student teaching.

(B) A valid designated subjects career technical education, adult
education, or special subjects teaching credential, as specified in
Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided
the candidate also possesses a baccalaureate degree.

(C) A valid services credential with a specialization in pupil
personnel, health, or clinical or rehabilitative services, as specified
in Section 44266, 44267, 44267.5, or 44268, or a valid services
credential authorizing service as a teacher librarian, as specified
in Section 44269.

(D) A valid credential issued under the laws, rules, and
regulations in effect on or before December 31, 1971, which
authorizes the same areas as in subparagraphs (B) and (C).

(2) Completion of any of the following:

(A) Five years of successful, full-time classroom teaching
experience in the public schools, including, but not limited to,
service in state- or county-operated schools, or in private schools
of equivalent status.

(B) Five years of experience in the fields of pupil personnel,
health, clinical or rehabilitative, or librarian services.

(C) A combination of the types of experience described in
subparagraphs (A) and (B) equal to five years, counting concurrent
experiences only once.

(3) Completion of an entry-level program of specialized and
professional preparation in administrative services approved by
the commission or a one-year internship in a program of supervised
training in administrative services, approved by the commission
as satisfying the requirements for the preliminary services
credential with a specialization in administrative services.

(4) Current employment in an administrative position after
completion of professional preparation as described in paragraph
(3), whether full or part time, in a public school or private school
of equivalent status. The commission shall encourage school
districts to consider the recency of preparation or professional
growth in school administration as one of the criteria for
employment.

(b) The preliminary administrative services credential shall be
valid for a period of five years from the date of initial employment
in an administrative position, whether full or part time, and shall
not be renewable.

(c) A candidate who completed, by September 30, 1984, the
requirements for the administrative services credential in effect
on June 30, 1982, is eligible for the credential authorized under
those requirements. All other candidates shall satisfy the
requirements set forth in this section.

end delete

begin delete SEC. 4. end delete

begin insert SEC. 3. end insert   

Section 44270.1 of the Education Code is amended to
read:

44270.1.  

(a) The minimum requirements for the professional
services credential with a specialization in administrative services
shall include all of the following:

(1) Possession of a valid preliminary administrative services
credential, as specified in Section 44270.

(2) A minimum of two years of successful experience in a
full-time administrative position in a public school or private school
of equivalent status, while holding the preliminary administrative
services credential, as attested by the employing school district or
agency, including, but not limited to, the department, in the case
of state school administrators, and county offices of education, in
the case of county school administrators.

(3) (A) Completion of a commission-approved program of
advanced preparation. Each candidate, in consultation with
employing school district personnel and university personnel, shall
develop an individualized program of professional development
activities for this advanced preparation program based upon
individual needs. Each individualized program shall include
university coursework and may include, nonuniversity activities
or advanced administrative field experiences. The commission
shall adopt standards and criteria for the university programs of
advanced preparation and nonuniversity activities.

(B) Each individualized program shall include training on how
to properly and effectively evaluate certificated employees.

(4) A credential candidate shall complete the individualized
program pursuant to paragraph (3) during the first two years of
experience in a full-time administrative position.

(b) The commission may, at the request of a credential candidate,
grant a waiver, pursuant to subdivision (m) of Section 44225, of
the requirement of university coursework upon its finding that the
candidate, in consultation with personnel of the employing school
district and personnel of the university, is not able to develop an
individualized program of professional development for the
advanced preparation program that meets the individual needs of
the candidates.

begin delete

SEC. 5.  

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, in accordance with
subdivision (f) of Section 3543.2 of the Government Code, if
applicable, 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 or district-developed
standards that align with the California Standards for the Teaching
Profession. Proficiency shall be 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 or
district-developed standards that align with the California Standards
for the Teaching Profession. This lack of proficiency shall be
demonstrated by an evaluation that conforms with Article 11
(commencing with Section 44660) designating the certificated
employee in the lowest category that the school district has
established pursuant to subdivision (c) of Section 44664.

end delete

begin delete SEC. 6. end delete

begin insert SEC. 4. 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
begin delete principal or vice principal end delete begin insert principal, vice principal, or assistant
principal, as applicable, end insert support program allowing a highly
effective school administrator, as determined by the school district,
to support a begin delete principal or vice principal end delete begin insert principal, vice principal,
or assistant principal, as applicable, end insert who has completed the
individualized program for a professional services credential with
a specialization in administrative services pursuant to subdivision
(a) of Section 44270.1 and who is demonstrating unsatisfactory
performance, as determined by the school district, to become
proficient in the California Professional Standards for Educational
Leaders.

44551.  

begin delete (a) end delete begin delete   end delete Each school district shall create a multiple-day
begin delete principal and vice principal end delete begin insert administrator end insert training program on
how to evaluate teachers. begin insert The multiple-day administrator training
program shall only be completed by principals, vice principals,
or assistant principals, as applicable, who evaluate teachers. end insert

begin delete

(b) An administrator who has received the professional services
credential with a specialization in administrative services and who
is demonstrating unsatisfactory performance, as determined by the
school district, shall participate in the multiple-day principal and
vice principal training program.

end delete

begin delete

SEC. 7.  

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 while the employee is in the California Peer Assistance
and Review Program for Teachers established pursuant to Article
4.5 (commencing with Section 44500) or a district-designed, and
collectively bargained for, if applicable, teacher support program
established pursuant to Article 4.6 (commencing with Section
44520) until the employee achieves a positive evaluation or is
separated from the school district. Evaluation performed pursuant
to this article during the California Peer Assistance and Review
Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500) shall include the participation
of an administrator from a school district other than the school
district employing the certificated employee.

(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 in the lowest category of
performance 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 in the lowest category of
performance 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 in the lowest category of
performance on an evaluation performed pursuant to this section
shall participate in a district-designed, and collectively bargained
for, if applicable, 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.

end delete

begin delete SEC. 8. 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.  begin delete Principal and Vice Principal end delete begin insert Principal, Vice
Principal, and Assistant Principal end insert Evaluation System

 

begin delete SEC. 9. 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 begin delete principal
and vice principal. end delete begin insert principal, vice principal, and assistant principal,
as applicable. end insert

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

(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 begin delete principal or
vice principal. end delete begin insert principal, vice principal, or assistant principal, as
applicable. end insert

(d) Evaluators and begin delete principals or vice principals end delete begin insert principals, vice
principals, or assistant principals, as applicable, end insert 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 begin delete 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 end delete begin insert submit a report end insert to the governing
board of the school begin delete district. end delete begin insert district outlining his or her plan for
the evaluation and support of principals, vice principals, and
assistant principals, as applicable, of the school district. end insert

(f) It is the intent of the Legislature that every school begin delete principal
and vice principal end delete begin insert principal, vice principal, and assistant principal,
as applicable, end insert 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 and are performing effective
evaluations of teachers.

begin delete SEC. 10. end delete

begin insert SEC. 7. end insert   

Section 44671 of the Education Code is amended to
read:

44671.  

(a) Criteria for effective school begin delete principal or vice
principal end delete begin insert principal, vice principal, or assistant principal, as
applicable, end insert 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 begin delete principal or vice principal end delete begin insert principal, vice principal,
or assistant principal, as applicable, end insert evaluation may include, but
not be limited to, evidence of all of the following:

(1) Academic growth of pupils based on multiple measures that
may include pupil work as well as pupil and school longitudinal
data that demonstrates pupil academic growth over time.
Assessments used for this purpose 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 delete SEC. 11. end delete

begin insert SEC. 8. end insert   

Section 44830.1 of the Education Code is amended to
read:

44830.1.  

(a) In addition to any other prohibition or provision,
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 and who is a temporary
employee, a substitute employee, or a probationary employee
serving before March 15 of the employee’s 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 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 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 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 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
third probationary 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) A recipient shall not disclose its contents or provide copies
of information.

(2) Information received shall be stored in a locked file separate
from other 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 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.

begin delete SEC. 12. 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 begin delete next two end delete succeeding school begin delete years end delete
begin insert year, or the second succeeding school year, 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 begin insert for the
first succeeding school year end insert 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 insert for the two succeeding school years end insert as described in
subdivision (a) shall, upon reelection for the begin delete next end delete begin insert third end insert succeeding
school year, to a position requiring certification qualifications, be
classified as and become a permanent employee of the school
district.

begin delete

(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 as described in subdivision (a) to
continue to be classified as a probationary employee for a fourth
year.

end delete begin delete

(2)

end delete

begin insert (c) end insert  A certificated employee who is reelected begin delete as a probationary
employee pursuant to this subdivision or end delete to a second succeeding
school year as described in subdivision (a) shall begin delete 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, and collectively
bargained for, if applicable, teacher support program established
pursuant to Article 4.6 (commencing with Section 44520) of
Chapter 3. end delete begin insert continue to participate in the mentoring relationships
with the support and professional development providers initiated
during the California beginning teacher support and assessment
program pursuant to Section 44279.2. The employee is not required
to continue other aspects of the California beginning teacher
support and assessment program during his or her third year. end insert

begin delete

(3) Notwithstanding any other law, a third- or fourth-year
probationary employee shall not be released or dismissed without
cause and may appeal release or dismissal to the governing board
of the school district.

(4) During the third and fourth year as a probationary employee,
the employee shall be observed by multiple administrators,
including an administrator from a schoolsite other than the
schoolsite at which the employee is on probation, 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 for
cause or shall be retained for a fourth year as a probationary
employee after one year of the support program.

end delete

(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 insert for a
second succeeding school year end insert as described in subdivision (a)
shall, upon reelection for the begin delete next end delete begin insert third end insert 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 begin delete the
certificated end delete begin insert a probationary end insert employee, on or before March 15 of
the begin delete certificated end delete employee’s begin delete third end delete begin insert second succeeding end insert school year
begin delete of probationary employment in a position requiring certification
qualifications end delete as described in subdivision (b), of the decision to
reelect as a permanent begin delete employee, reelect as a probationary end delete
employee, or not reelect the begin delete certificated end delete employee for the begin delete next end delete
begin insert third end insert succeeding school begin delete year to this type of position. The governing
board of a school district shall notify the certificated employee,
on or before March 15 of the certificated employee’s fourth school
year of probationary employment in a position requiring
certification qualifications as described in subdivision (b), of the
decision to reelect as a permanent employee or not reelect the
certificated employee for the next succeeding school year to this
type of position. end delete begin insert year. end insert If the governing board of a school district
does not give notice pursuant to this section on or before March
15, a begin delete certificated end delete begin insert probationary end insert 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 or
district-developed standards that align with the California Standards
for the Teaching Profession. Proficiency shall be 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.

begin delete SEC. 13. end delete

begin insert SEC. 10. end insert   

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 before his
or her election for the fourth consecutive school year.

(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 before his or her election
for the fourth consecutive school year.

(3) This subdivision shall apply only to probationary employees
whose probationary period commenced 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 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 before his
or her election for the fourth consecutive school year.

(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 before his or her election
for the fourth consecutive school year.

(3) The governing board of the school district shall notify the
employee, on or before March 15 of the employee’s 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. 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.

(4) This 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. 14. 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 begin insert pupils end insert or
more who, after having been employed by the school district for
three complete consecutive school years in a position or positions
requiring certification qualifications, is reelected for the next
succeeding school year to a position requiring certification
qualifications shall, at the commencement of the succeeding school
year, be classified as and become a permanent employee of the
school district.

(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
begin insert pupils end insert or more who, after having been employed by the school
district for 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, be classified as and become a permanent
employee of the school district.

begin delete

(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 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 delete begin delete

(2)

end delete

begin insert (c) end insert  A certificated employee who is reelected begin delete as a probationary
employee pursuant to this subdivision or end delete to a third complete
consecutive school year as described in subdivision (b) shall

begin delete 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, and collectively bargained for, if applicable,
teacher support program established pursuant to Article 4.6
(commencing with Section 44520) of Chapter 3. end delete begin insert continue to
participate in the mentoring relationships with the support and
professional development providers initiated during the California
beginning teacher support and assessment program pursuant to
Section 44279.2. The employee is not required to continue other
aspects of the California beginning teacher support and assessment
program during his or her third year. end insert

begin delete

(3) Notwithstanding any other law, a third- or fourth-year
probationary employee shall not be released or dismissed without
cause and may appeal release or dismissal to the governing board
of the school district.

(4) During the third and fourth year as a probationary employee,
the employee shall be observed by multiple administrators,
including an administrator from a schoolsite other than the
schoolsite at which the employee is on probation, 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 for
cause or shall be retained for a fourth year as a probationary
employee after one year of the support program.

end delete

(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 third school year of probationary employment in a
position requiring certification qualifications, of the decision to
reelect as a permanent begin delete employee, reelect as a probationary end delete
employee, or not reelect the certificated employee for the next
succeeding school year to this type of position. begin delete The governing
board of a school district shall notify a certificated employee, on
or before March 15 of the certificated employee’s fourth school
year of probationary employment in a position requiring
certification qualifications, of the decision to reelect as a permanent
employee or not reelect the certificated employee for the next
succeeding school year to this type of position. end delete 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 or
district-developed standards that align with the California Standards
for the Teaching Profession. Proficiency shall be 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.

begin delete SEC. 15. end delete

begin insert SEC. 12. end insert   

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 fewer than 250
pupils may classify as a permanent employee of the school district
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 a probationary employee who, after being employed 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
begin delete 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. end delete
begin insert qualifications. end insert A probationary employee who has been employed
by the school district for 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.

begin delete

SEC. 16.  

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
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. 17.  

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 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. 18.  

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. 19.  

Section 44938 of the Education Code is amended to
read:

44938.  

(a) The governing board of 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 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, and collectively
bargained for, if applicable, teacher support program established
pursuant to Article 4.6 (commencing with Section 44520) of
Chapter 3 during the previous two years or, if the school district
has established such a program, a one-year 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. 20.  

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. 21.  

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. 22.  

Section 44944.2 is added to the Education Code, to
read:

44944.2.  

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

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

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

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

(3) At the meeting, the certificated employee and the school
district shall agree upon an arbitrator, selected from the list of
arbitrators maintained by the American Arbitration Association,
and a time and place for an arbitration hearing. The hearing shall
be scheduled for no fewer than 21 days and no more than 37 days
after the scheduling meeting.

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

(A) 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.

(B) 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.

(5) The school district and the certificated employee shall make
their initial disclosures within 14 days of the date of the scheduled
meeting.

(6) 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) (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, including, but not limited to, whether the
school district’s evaluation conformed with Article 11
(commencing with Section 44660) of Chapter 3.

(B) The charges brought against the certificated employee.

(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 and not appealable.

(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. 23.  

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. 24.  

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) A school district shall not use teacher salary as a factor in
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 in the lowest category, as established pursuant to
subdivision (c) of Section 44664 on at least one of the two most
recent evaluations.

(B) Permanent employees who have received two consecutive
evaluations of performance in the lowest category, as established
pursuant to subdivision (c) of Section 44664 on the two most recent
evaluations.

(C) Probationary employees who have not received an evaluation
of performance in the lowest category, as established pursuant to
subdivision (c) of Section 44664 on either of the two most recent
evaluations.

(D) Permanent employees who have not received two
consecutive evaluations of performance in the lowest category on
the two most recent evaluations, beginning with permanent
employees in the lowest category and proceeding to permanent
employees in the highest category, as determined by each
permanent employee’s highest evaluated category on either of the
two most recent evaluations, as established pursuant to subdivision
(c) of Section 44664.

(E) As between employees in the same designation pursuant to
subparagraphs (A) to (C), inclusive, or subdesignation pursuant
to subparagraph (D), the governing board of the school district
shall determine the order of termination solely on the basis of who
first rendered paid service to the school district, with the least
senior employee being dismissed first. As between employees in
the same designation pursuant to subparagraphs (A) to (C),
inclusive, or subdesignation pursuant to subparagraph (D), 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 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 order established pursuant
to paragraph (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.

end delete

begin delete SEC. 25. end delete

begin insert SEC. 13. end insert   

Section 3543.2 of the Government Code is amended
to read:

3543.2.  

(a) (1) The scope of representation shall be limited
to matters relating to wages, hours of employment, and other terms
and conditions of employment. “Terms and conditions of
employment” mean health and welfare benefits as defined by
Section 53200, leave, transfer and reassignment policies, safety
conditions of employment, class size, procedures to be used for
the evaluation of employees, organizational security pursuant to
Section 3546, procedures for processing grievances pursuant to
Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of
probationary certificated school district employees, pursuant to
Section 44959.5 of the Education Code, and alternative
compensation or benefits for employees adversely affected by
pension limitations pursuant to former Section 22316 of the
Education Code, as that section read on December 31, 1999, to
the extent deemed reasonable and without violating the intent and
purposes of Section 415 of the Internal Revenue Code.

(2) A public school employer shall give reasonable written
notice to the exclusive representative of the public school
employer’s intent to make any change to matters within the scope
of representation of the employees represented by the exclusive
representative for purposes of providing the exclusive
representative a reasonable amount of time to negotiate with the
public school employer regarding the proposed changes.

(3) The exclusive representative of certificated personnel has
the right to consult on the definition of educational objectives, the
determination of the content of courses and curriculum, and the
selection of textbooks to the extent those matters are within the
discretion of the public school employer under the law.

(4) All matters not specifically enumerated are reserved to the
public school employer and may not be a subject of meeting and
negotiating, except that this section does not limit the right of the
public school employer to consult with any employees or employee
organization on any matter outside the scope of representation.

(b) Notwithstanding Section 44944 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding causes
and procedures for disciplinary action, begin delete other than dismissal,
including end delete begin insert including, but not limited to, end insert a suspension of pay for up
to 15 begin delete days, end delete begin insert days or dismissal, end insert affecting certificated employees. If
the public school employer and the exclusive representative do
not reach mutual agreement, Section 44944 of the Education Code
shall apply.

(c) Notwithstanding Section 44955 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding
procedures and criteria for the layoff of certificated employees for
lack of funds. If the public school employer and the exclusive
representative do not reach mutual agreement, Section 44955 of
the Education Code shall apply.

(d) Notwithstanding Section 45028 of the Education Code, the
public school employer and the exclusive representative shall,
upon request of either party, meet and negotiate regarding the
payment of additional compensation based upon criteria other than
years of training and years of experience. If the public school
employer and the exclusive representative do not reach mutual
agreement, Section 45028 of the Education Code shall apply.

(e) Pursuant to Section 45028 of the Education Code, the public
school employer and the exclusive representative shall, upon the
request of either party, meet and negotiate a salary schedule based
on criteria other than a uniform allowance for years of training
and years of experience. If the public school employer and the
exclusive representative do not reach mutual agreement, the
provisions of Section 45028 of the Education Code requiring a
salary schedule based upon a uniform allowance for years of
training and years of experience shall apply. A salary schedule
established pursuant to this subdivision shall not result in the
reduction of the salary of a teacher.

begin delete

(f) Notwithstanding Article 4.6 (commencing with Section
44520) of Chapter 3 of Part 25 of Division 3 of Title 2 of the
Education Code, the public school employer and the exclusive
representative shall, upon request of either party, meet and
negotiate regarding the creation of a two-year teacher support
program. If the public school employer and the exclusive
representative do not reach mutual agreement, Article 4.6
(commencing with Section 44520) of Chapter 3 of Part 25 of
Division 3 of Title 2 of the Education Code shall apply.

end delete

begin delete SEC. 26. end delete

begin insert SEC. 14. 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.