BILL NUMBER: AB 1484	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 27, 2015

   An act to add Section 35037 to the Education Code, relating to
teachers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1484, as introduced, Weber. Teachers: assignment prohibition:
unsatisfactory performance.
   Existing law requires the superintendent of each school district
to assign employees employed in positions requiring certification
qualifications to positions in which they are to serve, subject to
the approval of the governing board of the school district. Existing
law requires each school district to evaluate and assess certificated
employee performance as it reasonably relates to pupil academic
progress, the instructional techniques and strategies used by the
employee, the employee's adherence to curricular objectives, and the
establishment and maintenance of a suitable learning environment,
within the scope of the employee's responsibilities.
   This bill would prohibit a pupil from knowingly being assigned 2
consecutive years to a certified employee who has the primary
responsibility of instructing pupils and has received an
unsatisfactory performance rating in the most recent evaluation and
assessment of the certificated employee's performance unless this
prohibition is waived, as specified.
   To the extent this bill would impose additional duties on school
districts, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 35037 is added to the Education Code, to read:
   35037.  (a) For purposes of daily classroom instruction or
receiving services in an individualized education plan, no pupil
shall knowingly be assigned two consecutive years to a certificated
employee who has the primary responsibility of instructing pupils and
has received an unsatisfactory performance rating pursuant to
Article 11 (commencing with Section 44660) of Chapter 3 of Part 25 in
the most recent evaluation and assessment of the certificated
employee's performance.
   (b) The prohibition in this section applies to the exercise of
authority by any school administrator or other certificated school
employee responsible for pupil assignment decisions, and
notwithstanding subdivision (e) or (f) of Section 35035.
   (c) This section may only be waived pursuant to Section 33050
prospectively, on an individual pupil basis, and only if the parent
or guardian of the pupil has approved the submittal of the waiver
request in writing prior to the proposed assignment.
  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.