BILL NUMBER: AB 934 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 26, 2015
An act to amend Sections 1296, 44270, 44270.1,
44664, 44670, 44671, 44830.1, 44885.5, 44901,
44929.21, 44929.23, 44934, 44937, 44938, 44943, 44944.05,
44945, and 44955 and 44929.23 of, to amend the
heading of Article 13 (commencing with Section 44670) of Chapter 3 of
Part 25 of Division 3 of Title 2 of, to add Sections
44934.2 and 44944.2 to, and to add Article 4.6
(commencing with Section 44520) and Article 4.7 (commencing
with Section 44550) to Chapter 3 of Part 25 of Division 3 of Title 2
of, the Education Code, 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 that meets local
conditions and conforms to specified principles.
This 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 bill would require each school district to
create a multiple-day principal and vice principal
administrator training program on how to evaluate
teachers and would require specified administrators
demonstrating unsatisfactory performance 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
principal or vice principal principal, vice principal,
or assistant principal, as applicable, support program that
would allow highly effective school administrators to support
specified principals or vice principals
principals, vice principals, or assistant principals, as applicable,
demonstrating unsatisfactory performance to become proficient
in the California Professional Standards for Educational Leaders.
(2) Existing law requires school districts to evaluate each
certificated employee on a continuous basis, as specified. Existing
law also authorizes an employing authority to require a certificated
employee who receives an evaluation including an unsatisfactory
rating of an employee's performance in the area of teaching methods
or instruction to participate in a program designed to improve
appropriate areas of the employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority. Existing law also requires a school district, if it
participates in the California Peer Assistance and Review Program for
Teachers, to require any certificated employee who receives an
unsatisfactory rating on an evaluation to participate in that
program.
This bill would instead require a certificated employee who
receives an annual evaluation 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.
(3)
(2) 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 principal and vice principal
principal, vice principal, and assistant principal, as
applicable, for the first and 2nd year of employment. The bill
would require the superintendent of a school district to annually
provide reports on the evaluation or nonevaluation of
principals and vice principals 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 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
principal or vice principal. principal, vice
principal, or assistant principal, as applicable. 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 principal and vice
principal principal, vice principal, and assistant
principal, as applicable, 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.
(4) Existing law prohibits a permanent school employee from being
dismissed, except for one or more of certain enumerated causes,
including unsatisfactory performance. Existing law requires the
governing board of a school district to give notice, together with a
written statement of charges, to a permanent employee of its
intention to dismiss or suspend the employee at the expiration of 30
days from the date of service of the notice, unless the employee
demands a hearing.
This bill would authorize proceedings based solely on charges of
unsatisfactory performance to be initiated via an alternative
process, which this bill would establish.
(5) Existing law establishes the process for dismissal or
suspension hearing proceedings for certificated employees.
This bill would instead provide for a binding arbitration process
for charges based solely on unsatisfactory performance, which this
bill would establish.
(6) Existing law prohibits the governing board of a school
district from acting upon any charges of unsatisfactory performance
unless, at least 90 calendar days before the date of the filing or
before the beginning of the time period composed of the last 1/4 of
the schooldays, the governing board of the school district provides
the employee written notice of the unsatisfactory performance,
specifying the nature thereof with such specific instances of
behavior and with such particularity as to furnish the employee an
opportunity to correct his or her faults and overcome the grounds for
the charge.
This bill would instead prohibit the governing board of a school
district from acting upon any charges of unsatisfactory performance
against a permanent employee unless the employee against whom the
charge is filed has completed at least one year of the California
Peer Assistance and Review Program for Teachers or a
district-designed teacher or administrator support program.
(7) Existing law authorizes a decision reached in a dismissal or
suspension proceeding concerning a certificated employee to be
reviewed by a court of competent jurisdiction.
This bill would make this statutory procedure inapplicable to a
decision based solely on unsatisfactory performance reached in a
dismissal or suspension proceeding concerning a certificated
employee.
(8)
(3) Existing law requires a certificated employee who
has completed 2 years of service to the school district as
an intern or a probationary employee
employee, or one year as an intern and a succeeding
year as a probationary employee, 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 an
intern or a probationary employee
employee, or one year as an intern and 2 succeeding
years as a probationary employee, and who is further reelected
and employed during the succeeding school year to be classified as a
permanent employee, unless the governing board of the school
district chooses to continue to classify the certificated employee
as a probationary employee for a 4th year, as provided. The
bill would require each 3rd- and 4th-year probationary
3rd-year employee of a school district who
is probationary to participate in the California Peer
Assistance and Review Program for Teachers or a district-designed
teacher support program. continue to participate in
the mentoring relationships with the support and professional
development providers initiated during the California beginning
teacher support and assessment program.
Existing law requires each person who, after being employed for 2
complete consecutive school years by a county superintendent of
schools in a teaching position, as specified, is reelected for the
next succeeding school year to such a position to be classified as a
permanent employee of the county superintendent of schools.
This bill would instead require each certificated employee who,
after being employed for 3 complete consecutive school years by a
county superintendent of schools in a teaching position, as
specified, is reelected for the next succeeding school year to such a
position to be classified as a permanent employee of the county
superintendent of schools, unless the county superintendent
of schools chooses to continue to classify the certificated employee
as a probationary employee for a 4th year, as provided. The
bill would require each 3rd- and 4th-year
3rd-year probationary employee of a county superintendent of
schools, if the county superintendent of schools
participates in the California Peer Assistance and Review Program for
Teachers, to participate in the program. schools to
continue to participate in the mentoring relationships with the
support and professional development providers initiated during the
California beginning teacher support a nd assessment
program.
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.
(9)
(4) 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.
(10) Existing law authorizes the governing board of a school
district to decrease the number of permanent employees of a school
district, based on seniority, when a reduction in workforce is
required due to specific circumstances, as provided. Existing law
prohibits, except as otherwise provided, the services of a permanent
employee from being terminated in these situations while any
probationary employee, or any other employee with less seniority, is
retained to render a service which the permanent employee is
certificated and competent to render.
This bill would instead require 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.
(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.
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.
(5) 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.
(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.
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.
(12)
(7) This bill would also make conforming changes and
nonsubstantive changes.
(13)
(8) 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.
(c) (1) Notwithstanding subdivision (b), the county superintendent
of schools may require a certificated employee, who after having
been employed by the county superintendent of schools for three
complete consecutive school years and who is further reelected and
employed during the succeeding school year, to continue to be
classified as a probationary employee for a fourth year.
(2)
(c) A certificated employee who is reelected
as a probationary employee pursuant to this subdivision or
to a third complete consecutive school year as described in
subdivision (b) shall, if the county office of education
participates in the California Peer Assistance and Review Program for
Teachers established pursuant to Article 4.5 (commencing with
Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2,
participate in the program. 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.
(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.
(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 employee, reelect as a probationary
employee, or not reelect the certificated employee for the next
succeeding school year to this type of position. 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. 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.
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.
SEC. 4. SEC. 3. 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.
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.
SEC. 6. SEC. 4. Article 4.7
(commencing with Section 44550) is added to Chapter 3 of Part 25 of
Division 3 of Title 2 of the Education Code, to read:
Article 4.7. District-Designed Administrator Support Programs
44550. Each school district is encouraged to create a one-year
principal or vice principal principal, vice
principal, or assistant principal, as applicable, support
program allowing a highly effective school administrator, as
determined by the school district, to support a principal or
vice principal principal, vice principal, or
assistant principal, as applicable, 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. (a) Each school
district shall create a multiple-day principal and vice
principal administrator training program on how
to evaluate teachers. The multiple-day administrator training
program shall only be completed by principals, vice principals, or
assistant principals, as applicable, who evaluate teachers.
(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.
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.
SEC. 8. SEC. 5. The heading of
Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of
Division 3 of Title 2 of the Education Code is amended to read:
Article 13. Principal and Vice Principal
Principal, Vice Principal, and Assistant Principal
Evaluation System
SEC. 9. SEC. 6. Section 44670 of the
Education Code is amended to read:
44670. (a) The governing board of a school district may identify
who will conduct the evaluation of each school principal and
vice principal. principal, vice principal, and
assistant principal, as applicable.
(b) Every school principal and vice principal
principal, vice principal, and assistant principal, as
applicable, shall be evaluated annually for the first and
second year of employment as a new principal or vice
principal principal, vice principal, or assistant
principal, as applicable, in a school district. The governing
board of the school district may determine the frequency of
evaluations after this period, which shall include
evaluations at regular intervals. period.
(c) Additional evaluations that occur outside of the regular
intervals determined by the governing board of the school district
may be agreed upon between the evaluator and the principal
or vice principal. principal, vice principal, or
assistant principal, as applicable.
(d) Evaluators and principals or vice principals
principals, vice principals, or assistant principals,
as applicable, may review school success and progress
throughout the year. This review should include goals that are
defined by the school district.
(e) The superintendent of a school district shall annually
provide reports on the evaluation of principals and vice
principals or of the school district superintendent's decision not to
evaluate principals and vice principals submit a
report to the governing board of the school district.
district outlining his or her plan for the evaluation
and support of principals, vice principals, an d assistant
principals, as applicable, of the school district.
(f) It is the intent of the Legislature that every school
principal and vice principal principal, vice
principal, and assistant principal, as applicable, 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.
SEC. 10. SEC. 7. Section 44671 of
the Education Code is amended to read:
44671. (a) Criteria for effective school principal or
vice principal principal, vice principal, or assistant
principal, as applicable, evaluations shall be based upon the
California Professional Standards for Educational Leaders. These
standards identify a school administrator as being an educational
leader who promotes the success of all pupils through leadership that
fosters all of the following:
(1) A shared vision.
(2) Effective teaching and learning.
(3) Management and safety.
(4) Parent, family, and community involvement.
(5) Professional and ethical leadership.
(6) Contextual awareness.
(b) A school principal or vice principal
principal, vice principal, or assistant principal, as applicable,
evaluation may include, but not be limited to, evidence of all
of the following:
(1) Academic growth of pupils based on multiple measures that may
include pupil work as well as pupil and school longitudinal data that
demonstrates pupil academic growth over time. Assessments used for
this purpose shall be valid and reliable and used for the purposes
intended and for the appropriate pupil populations. Local and state
academic assessments include, but are not limited
to, state standardized assessments,
formative, summative, benchmark, end of chapter, end of course,
advanced placement, international baccalaureate, college entrance,
and performance assessments. For career and technical education,
authentic performance assessment is a strong indicator of effective
teaching and learning.
(2) Effective and comprehensive teacher evaluations, including,
but not limited to, curricular and management leadership, ongoing
professional development, teacher-principal teamwork, and
professional learning communities.
(3) Culturally responsive instructional strategies to address and
eliminate the achievement gap.
(4) The ability to analyze quality instructional strategies and
provide effective feedback that leads to instructional improvement.
(5) High expectations for all pupils and leadership to ensure
active pupil engagement and learning.
(6) Collaborative professional practices for improving
instructional strategies.
(7) Effective school management, including personnel and resource
management, organizational leadership, sound fiscal practices, a safe
campus environment, and appropriate pupil behavior.
(8) Meaningful self-assessment to improve as a professional
educator. Self-assessment may include, but not be limited to, a
self-assessment on state professional standards for educational
leaders and the identification of areas of strengths and areas for
professional growth to engage in activities to foster professional
growth.
(9) Consistent and effective relationships with pupils, parents,
teachers, staff, and other administrators.
SEC. 11. SEC. 8. 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.
SEC. 12. SEC. 9. Section 44885.5 of
the Education Code is amended to read:
44885.5. (a) (1) A school district shall classify a person who is
employed as a district intern pursuant to Section 44830.3 and a
person who has completed service in the school district as a district
intern pursuant to subdivision (b) of Section 44325 and Section
44830.3 and is reelected for the next two
succeeding school years year, or the second
succeeding school year, 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 for the
first succeeding school year 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 for the two s ucceeding school years
as described in subdivision (a) shall, upon reelection for the
next third succeeding school year, to a
position requiring certification qualifications, be classified as
and become a permanent employee of the school district.
(c) (1) Notwithstanding subdivision (b), the governing board of a
school district may require a certificated employee who has completed
service as a district intern pursuant to subdivision (b) of Section
44325 and pursuant to Section 44830.3 and who is further reelected
and employed as described in subdivision (a) to continue to be
classified as a probationary employee for a fourth year.
(2)
(c) A certificated employee who is reelected
as a probationary employee pursuant to this subdivision or
to a second succeeding school year as described in subdivision (a)
shall participate in either the California Peer Assistance
and Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500) of Chapter 3 or a district-designed,
and collectively bargained for, if applicable, teacher support
program established pursuant to Article 4.6 (commencing with Section
44520) of Chapter 3. 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.
(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.
(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 for a second succeeding
school year as described in subdivision (a) shall, upon
reelection for the next third
succeeding school year to a position requiring certification
qualifications, be classified as and become a permanent employee of
the school district.
(2) Nothing in this subdivision shall be interpreted to authorize
a certificated employee who has not previously been granted permanent
status in another school district to gain permanent status without
meeting the requirements of subdivision (b) or (c).
(e) The governing board of a school district shall notify
the certificated a probationary employee, on or
before March 15 of the certificated employee's
third second succeeding 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,
reelect as a probationary employee, or not reelect the
certificated employee for the next
third succeeding school 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. year. If
the governing board of a school district does not give notice
pursuant to this section on or before March 15, a
certificated probationary 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.
SEC. 13. SEC. 10. Section 44901 of
the Education Code is amended to read:
44901. (a) (1) A certificated employee who has served in a
position or positions requiring certification qualifications in two
or more school districts, each having an average daily attendance of
250 pupils or more and governed by governing boards of identical
personnel, for a total of three complete consecutive school years,
upon being elected for the fourth consecutive school year to a
position or positions requiring certification qualifications in any
of the school districts, shall at the commencement of the fourth
consecutive school year be classified as a permanent employee of the
last school district in which he or she was employed 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.
SEC. 14. SEC. 11. Section 44929.21
of the Education Code is amended to read:
44929.21. (a) (1) Every employee of a school district of any type
or class having an average daily attendance of 250 pupils
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
pupils 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.
(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.
(2)
(c) A certificated employee who is reelected
as a probationary employee pursuant to this subdivision or
to a third complete consecutive school year as described in
subdivision (b) shall participate in either the California
Peer Assistance and Review Program for Teachers established pursuant
to Article 4.5 (commencing with Section 44500) of Chapter 3 or a
district-designed, and collectively bargained for, if applicable,
teacher support program established pursuant to Article 4.6
(commencing with Section 44520) of Chapter 3. 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.
(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.
(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 employee, reelect as a probationary
employee, or not reelect the certificated employee for the next
succeeding school year to this type of position. 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. 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.
SEC. 15. SEC. 12. Section 44929.23
of the Education Code is amended to read:
44929.23. (a) The governing board of a school district
of any type or class having an average daily attendance of 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 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. qualifications. 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.
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.
SEC. 25. SEC. 13. 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, other than dismissal,
including including, but not limited to, a
suspension of pay for up to 15 days, days or
dismissal, 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.
(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.
SEC. 26. SEC. 14. 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.