BILL NUMBER: AB 934 AMENDED
BILL TEXT
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
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 26, 2015
An act to amend 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 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
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.
(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, 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.
(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.
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.
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, 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.
(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.
(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
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 additionally 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 including dismissal, based
solely on unprofessional conduct or unsatisfactory performance, or
both, affecting certificated employees. By imposing additional
duties on school districts, the bill would impose a state-mandated
local program.
(7) This bill would also make conforming changes and
nonsubstantive changes.
(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) 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.
SEC. 13. SECTION 1. 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, including, but not
limited to, other than dismissal, including a
suspension of pay for up to 15 days or dismissal,
days, 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 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.
(c)
(d) 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)
(e) 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)
(f) 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.
SEC. 14. SEC. 2. 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.