Amended in Assembly January 4, 2016

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1484


Introduced by Assembly Member Weber

February 27, 2015


begin deleteAn act to add Sections 35035.5 and 35037 to the Education Code, relating to teachers. end deletebegin insertAn act to add Section 8209.5 to the Education Code, relating to early childhood education.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1484, as amended, Weber. begin deleteTeachers: assignment prohibition: unsatisfactory performance. end deletebegin insertEarly primary programs: child care services: eligibility: military families.end insert

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The Child Care and Development Services Act has a purpose of providing a comprehensive, coordinated, and cost-effective system of child care and development services for children from infancy to 13 years of age and their parents, including a full range of supervision, health, and support services through full- and part-time programs.

end insert
begin insert

This bill would exclude from income the amount of the basic allowance for housing provided to an individual who is on federal active duty, state active duty, active duty for special work, or Active Guard and Reserve duty in the military that is equal to the lowest rate of the allowance for the military housing area in which the individual resides for purposes of determining eligibility for child care and development services.

end insert
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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.

end delete
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This bill would 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.

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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.

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To the extent this bill would impose additional duties on school districts, the bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

(a) The Legislature finds and declares all of the
2following:

end insert
begin insert

3(1) California is home to a large number of military personnel,
4including 150,000 active duty personnel.

end insert
begin insert

5(2) Military families are a unique population with unique
6circumstances. The children of military families face constant
7transition, including family mobility and parental deployment.

end insert
begin insert

8(3) Military families move more than twice as often as civilian
9families. Forty percent of officers and 60 percent of enlisted
10personnel move during the school year. Thus, the lower the rank
11of the military family member, the more often the family moves.

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begin insert

12(4) During a time of war, military families endure the strains
13of long-term separation as one or both parents may be deployed
14overseas.

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begin insert

15(5) During parental deployment children are often anxious,
16stressed, and confused. Child care providers and preschools can
17be places where stability and routine can provide security. The
18routine helps to cushion the impact of parental deployment.

end insert
begin insert

19(6) Early education can be a determining factor in the early
20academic success of a pupil from a military family by providing
21educational enrichment, as well as a stable and nurturing learning
22environment.

end insert
begin insert

23(b) Given these special circumstances, it is the intent of the
24Legislature in enacting this act to ensure that military families
25have access to the child care development services that their
26children need.

end insert
27begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 8209.5 is added to the end insertbegin insertEducation Codeend insertbegin insert, to
28read:end insert

begin insert
29

begin insert8209.5.end insert  

(a) For purposes of determining eligibility for services
30offered pursuant to this chapter, the income of an individual who
31is on federal active duty, state active duty, active duty for special
P4    1work, or Active Guard and Reserve duty in the military shall not
2include the amount of the basic allowance for housing pursuant
3to Section 403 of Title 37 of the United States Code provided to
4the individual that is equal to the lowest rate of the allowance for
5the military housing area in which the individual resides.

6(b) This section does not affect the priorities for federal and
7state subsidized child development services established pursuant
8to subdivision (b) of Section 8263.

end insert
begin delete
9

SECTION 1.  

Section 35035.5 is added to the Education Code,
10to read:

11

35035.5.  

(a) The superintendent of a school district shall not
12transfer or assign a certificated employee with the primary
13responsibility of being the classroom teacher of record to a
14schoolsite if the transfer or assignment would result in the reduction
15of the average effective teacher experience factor at the schoolsite
16to less than 90 percent of the average effective teaching experience
17factor in the school district for schools of the same type.

18(b) The applicable effective teaching experience factor shall be
19determined by months, subject to the following conditions:

20(1) The maximum number of months that may be counted for
21a single certificated employee is 60 months.

22(2) At the discretion of the governing board of the school district,
23a certificated instructional employee with the highest rating on a
24multiple positive-rating level performance scale may be counted
25for up to 60 months, regardless of his or her length of service in
26the school district.

27(3) Months during an evaluation cycle in which a probationary
28or permanent certificated instructional employee received a final
29evaluation rating of unsatisfactory shall not be counted.

30(4) Months during which a certificated employee was assigned
31primarily noninstructional duties shall not be counted.

32(c) Notwithstanding any other law, the state board shall waive
33any part of this section or any regulation adopted by the state board
34that implements this section upon the request of the governing
35board of a school district if the governing board of the school
36district does all of the following:

37(1) Demonstrates, to the satisfaction of the state board, that the
38certificated employee subject to transfer or assignment has the
39appropriate credential necessary to teach a specific course, grade
40level, or program of study, there is a critical shortage for
P5    1certificated employees with such a credential in the local labor
2market, and the placement would enable the schoolsite to achieve
3its stated goals on behalf of all pupils, including identified
4subgroups, as identified for that schoolsite in the school district’s
5local control and accountability plan adopted pursuant to Section
652060.

7(2) Provides written documentation that the exclusive
8representative of certificated employees has been consulted.

9(3) Provides written documentation that the principal of the
10schoolsite has approved of the proposed transfer or assignment,
11and is aware of the related staff development, mentoring, and
12evaluation workload the transfer or assignment would necessitate.

13(d) The prohibition in this section applies to the exercise of
14authority by any administrator or other certificated school employee
15responsible for certificated employee assignment decisions,
16notwithstanding subdivision (e) or (f) of Section 35035.

17

SEC. 2.  

Section 37037 is added to the Education Code, to read:

18

37037.  

(a) A pupil shall not knowingly be assigned to a
19classroom where the teacher of record received an unsatisfactory
20performance rating in the most recent evaluation and assessment
21of the employee’s job performance unless the employee is actively
22participating in a California Peer Assistance and Review Program
23established pursuant to Article 4.5 (commencing with Section
2444500) of Chapter 3 of Part 25 or all of the following conditions
25are met:

26(1) The teacher of record is receiving the assistance required
27by subdivision (b) of Section 44664 and is being supported with
28the assistance and guidance of a certificated employee who
29possesses a valid certification for the same level and type of
30credential required for the subject matter and grade level being
31taught.

32(2) The effective teaching experience factor calculated pursuant
33to Section 35035.5 of the employee providing assistance and
34guidance is not less than the average effective teaching experience
35factor in the school district for schools of the same type.

36(3) The employee providing assistance and guidance to the
37teacher of record has not received an unsatisfactory performance
38rating in the three most recent evaluation cycles.

39(b) Any provision of this section may be waived on an individual
40basis by a vote of the local governing board of the school district
P6    1if a parent or guardian of a pupil has been notified in writing in
2the home language of the pupil and the parent or guardian has
3approved the submission of the waiver request in writing before
4the proposed assignment.

5

SEC. 3.  

If the Commission on State Mandates determines that
6this act contains costs mandated by the state, reimbursement to
7local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.

end delete


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