BILL NUMBER: AB 1484 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 21, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 27, 2015
An act to add Sections 35035.5 and 35037 to the Education
Code, relating to teachers. An act to add Section
8209.5 to the Education Code, relating to early childhood
education.
LEGISLATIVE COUNSEL'S DIGEST
AB 1484, as amended, Weber. Teachers: assignment
prohibition: unsatisfactory performance. Early primary
programs: child care services: eligibility: military families.
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.
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.
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 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.
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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares
all of the following:
(1) California is home to a large number of military personnel,
including 150,000 active duty personnel.
(2) Military families are a unique population with unique
circumstances. The children of military families face constant
transition, including family mobility and parental deployment.
(3) Military families move more than twice as often as civilian
families. Forty percent of officers and 60 percent of enlisted
personnel move during the school year. Thus, the lower the rank of
the military family member, the more often the family moves.
(4) During a time of war, military families endure the strains of
long-term separation as one or both parents may be deployed overseas.
(5) During parental deployment children are often anxious,
stressed, and confused. Child care providers and preschools can be
places where stability and routine can provide security. The routine
helps to cushion the impact of parental deployment.
(6) Early education can be a determining factor in the early
academic success of a pupil from a military family by providing
educational enrichment, as well as a stable and nurturing learning
environment.
(b) Given these special circumstances, it is the intent of the
Legislature in enacting this act to ensure that military families
have access to the child care development services that their
children need.
SEC. 2. Section 8209.5 is added t o the
Education Code , to read:
8209.5. (a) For purposes of determining eligibility for services
offered pursuant to this chapter, the income of 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 shall not
include the amount of the basic allowance for housing pursuant to
Section 403 of Title 37 of the United States Code provided to the
individual that is equal to the lowest rate of the allowance for the
military housing area in which the individual resides.
(b) This section does not affect the priorities for federal and
state subsidized child development services established pursuant to
subdivision (b) of Section 8263.
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. 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.