Amended in Senate August 1, 2016

Amended in Senate June 22, 2016

Amended in Senate May 17, 2016

Amended in Senate May 3, 2016

Amended in Senate March 31, 2016

Amended in Senate July 2, 2015

Amended in Assembly April 20, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 934

Introduced by Assembly Member Bonilla

February 26, 2015

An act to amend begin delete Sections 1296, 44270.1, 44670, 44671, 44830.1, 44885.5, 44901, 44929.21, 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, and to add 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 end delete Section 3543.2 of the Government Code, relating to certificated school employees.

LEGISLATIVE COUNSEL’S DIGEST

AB 934, as amended, Bonilla. Certificated school employees.

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(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.

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This bill would require each school district to create a multiple-day administrator training program on how to evaluate teachers and would require specified administrators 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, vice principal, or assistant principal, as applicable, support program that would allow highly effective school administrators to support specified principals, vice principals, or assistant principals, as applicable, demonstrating unsatisfactory performance to become proficient in the California Professional Standards for Educational Leaders.

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(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.

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This bill would require the governing board of a school district to annually evaluate a school 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 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, 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, 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.

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(3) Existing law requires a certificated employee who has completed 2 years of service to the school district as a probationary 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.

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This bill would instead require a certificated employee who has completed 3 years of service to the school district as a probationary 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, as provided. The bill would require each 3rd-year employee of a school district who is probationary to continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program.

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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.

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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, as provided. The bill would require each 3rd-year probationary employee of a county superintendent of schools to continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program.

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(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.

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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.

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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.

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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.

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(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.

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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.

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(6) Existing

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begin insert Existing end insert 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 begin delete instead end delete begin insert additionally end insert would require the public school employer and the exclusive representative, upon request of either party, to meet and negotiate regarding begin delete causes and end delete procedures for disciplinary action, begin delete including, but not limited to, a suspension of pay for up to 15 days or end delete begin insert including end insert dismissal, begin insert based solely on unprofessional conduct or unsatisfactory performance, or both, end insert affecting certificated employees. By imposing additional duties on school districts, the bill would impose a state-mandated local program.

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

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begin delete (8) end delete begin delete   end delete 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:

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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) A certificated employee who is reelected to a third complete
consecutive school year as described in subdivision (b) 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.

(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, 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 44270.1 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. 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, 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, 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.  

Each school district shall create a multiple-day
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.

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, Vice Principal, and Assistant Principal
Evaluation System

 

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,
vice principal, and assistant principal, as applicable.

(b) Every school principal, vice principal, and assistant principal,
as applicable, shall be evaluated annually for the first and second
year of employment as a new 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.

(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, vice
principal, or assistant principal, as applicable.

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

(f) It is the intent of the Legislature that every school 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. 7.  

Section 44671 of the Education Code is amended to
read:

44671.  

(a) Criteria for effective school 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, 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. 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. 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 succeeding school 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 succeeding school years as described in
subdivision (a) shall, upon reelection for the third succeeding
school year, to a position requiring certification qualifications, be
classified as and become a permanent employee of the school
district.

(c) A certificated employee who is reelected to a second
succeeding school year as described in subdivision (a) 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.

(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 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 a
probationary employee, on or before March 15 of the employee’s
second succeeding school year as described in subdivision (b), of
the decision to reelect as a permanent employee, or not reelect the
employee for the third succeeding school year. If the governing
board of a school district does not give notice pursuant to this
section on or before March 15, a 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. 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. 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) A certificated employee who is reelected to a third complete
consecutive school year as described in subdivision (b) 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.

(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, 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. 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. 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.

end delete

begin delete SEC. 13. end delete

begin insert SECTION 1. end insert   

Section 3543.2 of the Government Code is
amended to read:

3543.2.  

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

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

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

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

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

begin insert

(c) Notwithstanding subdivision (b) and Section 44944 of the
Education Code, the public school employer and the exclusive
representative shall, upon request of either party, meet and
negotiate regarding procedures for disciplinary action, including
dismissal, based solely on unprofessional conduct or unsatisfactory
performance, or both, as provided in paragraphs (2) and (5) of
subdivision (a) of Section 44932 of the Education Code, 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.

end insert begin delete

(c)

end delete

begin insert (d) end insert  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.

begin delete

(d)

end delete

begin insert (e) end insert  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.

begin delete

(e)

end delete

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

begin delete SEC. 14. end delete

begin insert SEC. 2. end insert   

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