BILL NUMBER: AB 1484 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 27, 2015
An act to add Section Sections 35035.5 and
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 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 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. 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. Notwi
thstanding 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.
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.
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.
SECTION 1. Section 35035.5 is added to the
Education Code , to read:
35035.5. (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.
SEC. 2. Section 37037 is added to the
Education Code , to read:
37037. (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.
SEC. 2. SEC. 3. 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.