Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1484

Introduced by Assembly Member Weber

February 27, 2015

An act to add begin delete Section end delete begin insert Sections 35035.5 and end insert 35037 to the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1484, as amended, 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 begin insert district, and authorizes the superintendent of each school district to transfer teachers consistent with the adopted school district policy concerning transfer of teachers from one school to another school within the school end insert 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 begin delete 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. end delete begin insert prohibit the superintendent of a school district from transferring or assigning a certificated employee with the primary responsibility of being the classroom teacher of record to a schoolsite if the transfer or assignment would result in the reduction of the average effective teacher experience factor at the schoolsite to less than 90% of the average effective teaching experience factor in the school district for schools of the same type, as specified. Notwithstanding that provision, the bill would require the State Board of Education to waive the prohibition upon the request of the governing board of a school district if the governing board of the school district meets certain conditions, including, among others, demonstrating, to the satisfaction of the state board, that the certificated employee subject to transfer or assignment has the appropriate credential necessary to teach a specific course, grade level, or program of study, and there is a critical shortage for certificated employees with such a credential in the local labor market. end insert

begin insert

The bill also would prohibit a pupil from being knowingly assigned to a classroom where the teacher of record received an unsatisfactory performance rating in the most recent evaluation and assessment of the employee’s job performance unless the employee is actively participating in a California Peer Assistance and Review Program or other specified conditions are met. The bill would authorize the governing board of a school district to waive the prohibition on an individual basis, as provided.

end insert

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:

begin delete

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.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 35035.5 is added to the end insert begin insert Education Code end insert begin insert ,
to read: end insert

begin insert

begin insert 35035.5. end insert   

(a) The superintendent of a school district shall not
transfer or assign a certificated employee with the primary
responsibility of being the classroom teacher of record to a
schoolsite if the transfer or assignment would result in the
reduction of the average effective teacher experience factor at the
schoolsite to less than 90 percent of the average effective teaching
experience factor in the school district for schools of the same
type.

(b) The applicable effective teaching experience factor shall be
determined by months, subject to the following conditions:

(1) The maximum number of months that may be counted for a
single certificated employee is 60 months.

(2) At the discretion of the governing board of the school district,
a certificated instructional employee with the highest rating on a
multiple positive-rating level performance scale may be counted
for up to 60 months, regardless of his or her length of service in
the school district.

(3) Months during an evaluation cycle in which a probationary
or permanent certificated instructional employee received a final
evaluation rating of unsatisfactory shall not be counted.

(4) Months during which a certificated employee was assigned
primarily noninstructional duties shall not be counted.

(c) Notwithstanding any other law, the state board shall waive
any part of this section or any regulation adopted by the state
board that implements this section upon the request of the
governing board of a school district if the governing board of the
school district does all of the following:

(1) Demonstrates, to the satisfaction of the state board, that the
certificated employee subject to transfer or assignment has the
appropriate credential necessary to teach a specific course, grade
level, or program of study, there is a critical shortage for
certificated employees with such a credential in the local labor
market, and the placement would enable the schoolsite to achieve
its stated goals on behalf of all pupils, including identified
subgroups, as identified for that schoolsite in the school district’s
local control and accountability plan adopted pursuant to Section
52060.

(2) Provides written documentation that the exclusive
representative of certificated employees has been consulted.

(3) Provides written documentation that the principal of the
schoolsite has approved of the proposed transfer or assignment,
and is aware of the related staff development, mentoring, and
evaluation workload the transfer or assignment would necessitate.

(d) The prohibition in this section applies to the exercise of
authority by any administrator or other certificated school
employee responsible for certificated employee assignment
decisions, notwithstanding subdivision (e) or (f) of Section 35035.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 37037 is added to the end insert begin insert Education Code end insert begin insert , to read: end insert

begin insert

begin insert 37037. end insert   

(a) A pupil shall not knowingly be assigned to a
classroom where the teacher of record received an unsatisfactory
performance rating in the most recent evaluation and assessment
of the employee’s job performance unless the employee is actively
participating in a California Peer Assistance and Review Program
established pursuant to Article 4.5 (commencing with Section
44500) of Chapter 3 of Part 25 or all of the following conditions
are met:

(1) The teacher of record is receiving the assistance required
by subdivision (b) of Section 44664 and is being supported with
the assistance and guidance of a certificated employee who
possesses a valid certification for the same level and type of
credential required for the subject matter and grade level being
taught.

(2) The effective teaching experience factor calculated pursuant
to Section 35035.5 of the employee providing assistance and
guidance is not less than the average effective teaching experience
factor in the school district for schools of the same type.

(3) The employee providing assistance and guidance to the
teacher of record has not received an unsatisfactory performance
rating in the three most recent evaluation cycles.

(b) Any provision of this section may be waived on an individual
basis by a vote of the local governing board of the school district
if a parent or guardian of a pupil has been notified in writing in
the home language of the pupil and the parent or guardian has
approved the submission of the waiver request in writing before
the proposed assignment.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. 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.