BILL NUMBER: SB 499 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Liu and De León
FEBRUARY 26, 2015
An act to amend and repeal Section 44661.5 of, to amend, repeal,
and add Sections 44660, 44661, 44662, and 44664 of, to add Sections
44662.1, 44662.5, 44662.6, and 44662.8 to, and to add and repeal
Section 44662.7 of, the Education Code, relating to teachers, and
making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 499, as introduced, Liu. Teachers: best practices teacher
evaluation system.
(1) Existing law states the intent of the Legislature that
governing boards of school districts establish a uniform system of
evaluation and assessment of the performance of all certificated
personnel within each school district of the state. Existing law
requires the governing board of each school district to establish
standards of expected pupil achievement at each grade level in each
area of study and to evaluate and assess certificated employee
performance on a continuing basis as it reasonably relates to the
progress of pupils toward the established standards and, if
applicable, the state adopted academic content standards as measured
by state adopted criterion referenced assessments, 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 provide that the provisions described above would
become inoperative on July 1, 2016. The bill would state findings and
declarations of the Legislature regarding the nature of effective
teachers and of the teaching profession. Commencing on July 1, 2016,
the bill would require the governing board of each school district to
adopt and implement a locally negotiated best practices teacher
evaluation system, described as one in which each teacher is
evaluated on a continuing basis on the degree to which he or she
accomplishes specific objectives and multiple observations of
instructional and other professional practices that are conducted by
trained evaluators. The bill would authorize the state board, in
consultation with the Superintendent of Public Instruction and
appropriate education stakeholder groups, to adopt nonregulatory
guidance to support the implementation of a best practices teacher
evaluation system by school districts, as specified. The bill would
also require the governing board of each school district to establish
and define job responsibilities for certificated, noninstructional
employees whose responsibilities cannot be evaluated appropriately
under the best practices teacher evaluation system and to evaluate
and assess their performance in relation to the fulfillment of those
responsibilities. The bill would, on or before May 1, 2016, require
the governing board of each school district, at a regularly scheduled
public hearing, to seek comment on the development and
implementation of the best practices teacher evaluation system, and,
on or before May 1 of each year prior to local negotiations required
by law, to seek comment on the best practices teacher evaluation
system. The bill also would require the governing board of each
school district to disclose the provisions of the best practices
teacher evaluation system at a regularly scheduled public hearing.
The bill would provide that these provisions do not apply to
certificated personnel who are employed on an hourly basis in adult
education classes. The bill would also provide that the provisions of
the best practices teacher evaluation system do not supersede or
invalidate a teacher evaluation system that is locally negotiated and
that is in effect at the time the best practices teacher evaluation
system becomes operative. By imposing additional duties on school
districts, this bill would impose a state-mandated local program. The
bill would appropriate, for the 2016-17 fiscal year, an unspecified
amount of money from the General Fund to the State Department of
Education for allocation to school districts for the purpose of
implementing the best practices teachers evaluation system, as
specified, thereby making an appropriation.
(2) Existing law requires that an evaluation and assessment of the
performance of a certificated employee be made on a continuing
basis, as provided, including at least every 5 years for personnel
with permanent status who have been employed at least 10 years with
the school district, are highly qualified, as specified, and whose
previous evaluation rated the employee as meeting or exceeding
standards, if the evaluator and certificated employee being evaluated
agree.
This bill, commencing July 1, 2016, would require the evaluation
and assessment of the above personnel at least every 3 years, except
as locally negotiated and provided in the best practices teacher
evaluation system. By requiring additional duties on school
districts, this bill would impose a state-mandated local program.
(3) This bill would update cross-references and would make other
nonsubstantive changes.
(4) 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.
(5) Funds appropriated by this bill would be applied toward the
minimum funding requirements for school districts and community
college districts imposed by Section 8 of Article XVI of the
California Constitution.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44660 of the Education Code is amended to read:
44660. (a) It is the intent of the
Legislature that governing boards establish a uniform system of
evaluation and assessment of the performance of all certificated
personnel within each school district of the state, including schools
conducted or maintained by county superintendents of education. The
system shall involve the development and adoption by each school
district of objective evaluation and assessment guidelines
which that may, at the discretion of the
governing board, board of the school
district, be uniform throughout the school district
or, for compelling reasons, be individually developed for territories
or schools within the school district, provided that all
certificated personnel of the school district shall be
subject to a system of evaluation and assessment adopted pursuant to
this article.
This
(b) This article does not apply
to certificated personnel who are employed on an hourly basis in
adult education classes.
(c) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. Section 44660 is added to the Education Code, to read:
44660. (a) The Legislature finds and declares all of the
following:
(1) Teaching is a professional endeavor, in which effective
practice is driven by an understanding of knowledge in the field and
a commitment to all pupils and their families.
(2) Excellent teaching requires knowledge, skills, artistry,
passion, and commitment.
(3) Effective teachers integrate ethical concern for children and
society, extensive subject matter competence, thoughtfully selected
pedagogical practices, and a depth of knowledge about their pupils,
including knowledge of child and adolescent development and learning,
an understanding of their individual strengths, interests, and
needs, and knowledge about their families and communities.
(4) Effective teachers share a common set of professional and
ethical obligations that includes a profound and fundamental
commitment to the growth and success of the individual pupils in
their care as well as to the strengthening and continual
revitalization of our democratic society.
(5) Certificated, noninstructional employees share the same deep
commitment to children, families, and communities, and they provide
essential support and administrative services to pupils and teachers
that enable pupils to succeed.
(b) The Legislature further finds and declares that because
teachers are the most important school-related factor for influencing
pupil academic success the primary purpose of an evaluation system
is to ensure that teachers meet the highest professional standards of
effective teaching, thereby resulting in high levels of pupil
learning.
(c) This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.
(d) This section shall become operative on July 1, 2016.
SEC. 3. Section 44661 of the Education Code is amended to read:
44661. (a) In the development and adoption
of guidelines and procedures pursuant to this article, the governing
board of a school district shall avail itself of the
advice of the certificated instructional personnel in the school
district's organization of certificated personnel;
provided, however, that the development and adoption of guidelines
pursuant to this article shall also be subject to the provisions of
Article 1 (commencing with Section 7100) of Chapter 2 of Part 5 of
Division 1 of Title 1. personnel.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 4. Section 44661 is added to the Education Code, to read:
44661. (a) The governing board of each school district shall
adopt and implement a best practices teacher evaluation system as set
forth in this article.
(b) The best practices teacher evaluation system required to be
adopted pursuant to this article shall be locally negotiated pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code. If the certificated employees of the
school district do not have an exclusive bargaining representative,
the governing board of the school district shall adopt objective
evaluation and support components, as applicable, that are consistent
with this article.
(c) This section shall become operative on July 1, 2016.
SEC. 5. Section 44661.5 of the Education Code is amended to read:
44661.5. (a) When developing and adopting
objective evaluation and assessment guidelines pursuant to Section
44660, a school district may, by mutual agreement between the
exclusive representative of the certificated employees of the school
district and the governing board of the school district, include any
objective standards from the National Board for Professional Teaching
Standards or any objective standards from the California Standards
for the Teaching Profession if the standards to be included are
consistent with this article. If the certificated employees of the
school district do not have an exclusive representative, the school
district may adopt objective evaluation and assessment guidelines
consistent with this section.
(b) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 6. Section 44662 of the Education Code is amended to read:
44662. (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
in each area of study.
(b) The governing board of each school district shall evaluate and
assess certificated employee performance as it reasonably relates
to:
(1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards as measured by state adopted criterion
referenced assessments.
(2) The instructional techniques and strategies used by the
employee.
(3) The employee's adherence to curricular objectives.
(4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee's responsibilities.
(c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be evaluated
appropriately under the provisions of subdivision (b) and shall
evaluate and assess the performance of those noninstructional
certificated employees as it reasonably relates to the fulfillment of
those responsibilities.
(d) Results of an employee's participation in the California
Peer Assistance and Review Program for Teachers established by
Article 4.5 (commencing with Section 44500) shall be made available
as part of the evaluation conducted pursuant to this section.
(e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
(f) Nothing in this section shall be construed as in any way
limiting the authority of school district governing boards
the governing board of a school district to
develop and adopt additional evaluation and assessment guidelines or
criteria.
(g) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 7. Section 44662 is added to the Education Code, to read:
44662. (a) A best practices teacher evaluation system shall
include, but not be limited to, the following attributes:
(1) An evaluation of each teacher based on the degree to which he
or she accomplishes the following objectives:
(A) Engages and supports all pupils in learning, evidence of which
may include, but is not limited to, evidence of high expectations
and active pupil engagement for each pupil.
(B) Creates and maintains effective environments for pupil
learning, to the extent that those environments are within the
teacher's control.
(C) Understands and organizes subject matter for pupil learning,
evidence of which may include, but is not limited to, extensive
subject matter, content standards, and curriculum competence.
(D) Plans instruction and designs learning experiences for all
pupils, evidence of which may include, but is not limited to, use of
differentiated instruction and practices based upon pupil progress
and use of culturally responsive instruction, including, but not
limited to, incorporation of multicultural information and content
into the delivery of curriculum, to eliminate the achievement gap.
(E) Uses pupil assessment information to inform instruction and to
improve learning, evidence of which shall include, but is not
limited to, use of formative and summative assessments to adjust
instructional practices to meet the needs of individual pupils. For
certified employees who directly instruct English learner pupils in
acquiring English language fluency, the assessment information shall
include the results of assessments adopted pursuant to Chapter 7
(commencing with Section 60810) of Part 33 of Division 4.
(F) Develops, as a professional educator, evidence of which may
include, but is not limited to, consistent and positive relationships
with pupils, parents, staff, and administrators, use of
collaborative professional practices for improving instructional
strategies, participation in identified professional growth
opportunities, and use of meaningful self-assessment to improve as a
professional educator.
(G) Contributes to pupil academic growth based on multiple
measures, as follows:
(i) Multiple measures shall include state and local formative and
summative assessments in the grade levels and subjects that these
assessments are administered.
(ii) Multiple measures may include, but are not limited to,
classroom work, local and state academic assessments, and pupil
grades, classroom participation, presentations and performances, and
projects and portfolios.
(iii) Measures used for assessing pupil academic growth shall be
valid and reliable for the curriculum and the pupil being taught and
for the purpose of teacher evaluation, provided that the evaluation
and assessment of certificated employee performance pursuant to this
section shall not include the use of publishers' norms established by
standardized tests. For certificated employees who directly instruct
English learner pupils in acquiring English, measures shall include
the degree to which pupils acquire the English language development
standards adopted pursuant to former Section 60811.3, as that section
read on June 30, 2013, or Section 60811.4, for the purpose of
improving a pupil's English proficiency. Pupil data used for purposes
of teacher evaluation shall be confidential in the same manner as
all other elements of a teacher's personnel file. It is the intent of
the Legislature that any assessments developed by a national
consortium and adopted by the state board and used for purposes of
this section meet statistical and psychometric standards appropriate
for this use.
(2) Multiple observations of instructional and other professional
practices that are conducted by evaluators who have been
appropriately trained and calibrated to ensure consistency and who
have demonstrated competence in teacher evaluation, as determined by
the school district.
(A) Multiple observations may include, but are not limited to,
classroom observations, one-on-one discussions, and review of
classroom materials and course of study.
(B) Observations shall be conducted using a uniform evaluation
tool that is appropriate to the teacher's assignment.
(C) Before each formal observation, the observer shall meet with
the teacher to discuss the purpose of the observation.
(D) After each formal observation, the observer shall meet with
the teacher to discuss recommendations, as necessary, with regard to
areas of improvement in the performance of the teacher.
(3) A minimum of three performance levels for the evaluation of
teacher performance for purposes of Section 44664.
(b) This section shall not be interpreted to prohibit a locally
negotiated evaluation process from designating certificated employees
to conduct, or participate in, evaluations of other certificated
employees for purposes of determining the need for professional
development or providing corrective advice for the certificated
employee being evaluated. A nonsupervisory certificated employee who
conducts, or participates in, an evaluation pursuant to this article
shall not be deemed to be exercising a management or supervisory
function as defined by subdivision (g) or (m) of Section 3540.1 of
the Government Code.
(c) This section shall become operative on July 1, 2016.
SEC. 8. Section 44662.1 is added to the Education Code, to read:
44662.1. The state board, in consultation with the Superintendent
and appropriate education stakeholder groups, may adopt
nonregulatory guidance to support the implementation of a best
practices teacher evaluation system by school districts that may
include all of the following:
(a) Model evaluation systems that may be used by school districts
to implement the best practices teacher evaluation system pursuant to
Sections 44661 and 44662, as added by Sections 4 and 7 of the act
adding this section.
(b) Model processes for implementing observations of instructional
and other professional practices pursuant to paragraph (2) of
subdivision (a) of Section 44662, as added by Section 7 of the act
adding this section.
(c) Model processes for defining calibration for purposes of
training evaluators pursuant to paragraph (2) of subdivision (a) of
Section 44662, as added by Section 7 of the act adding this section.
(d) Model processes for developing the observation tool that may
be used for observations of instructional and other professional
practices pursuant to paragraph (2) of subdivision (a) of Section
44662, as added by Section 7 of the act adding this section.
(e) Model processes for determining and defining the performance
levels for the evaluation of teacher performance pursuant to
paragraph (3) of subdivision (a) of Section 44662, as added by
Section 7 of the act adding this section.
SEC. 9. Section 44662.5 is added to the Education Code, to read:
44662.5. (a) The governing board of each school district shall
establish and define job responsibilities for certificated,
noninstructional employees, including, but not limited to,
supervisory and administrative personnel, whose responsibilities
cannot be evaluated appropriately under the provisions of subdivision
(a) of Section 44662. The governing board of each school district
shall evaluate and assess the performance of certificated,
noninstructional employees as it reasonably relates to the
fulfillment of those responsibilities.
(b) This section shall become operative on July 1, 2016.
SEC. 10. Section 44662.6 is added to the Education Code, to read:
44662.6. (a) (1) On or before May 1, 2016, the governing board of
each school district, at a regularly scheduled public hearing, shall
seek comment on the development and implementation of the best
practices teacher evaluation system. The governing board of a school
district shall use the comments received at the hearing to guide the
development and implementation of the best practices teacher
evaluation system.
(2) On or before May 1 of each year prior to local negotiations
required pursuant to Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, the governing board of
each school district shall seek comment on the best practices teacher
evaluation system.
(b) Consistent with Section 3547 of the Government Code and no
more than 30 days after the local negotiations required pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code, the governing board of each school district
shall disclose the provisions of the best practices teacher
evaluation system at a regularly scheduled public hearing.
SEC. 11. Section 44662.7 is added to the Education Code, to read:
44662.7. (a) Notwithstanding any other law, for the 2016-17
fiscal year, ____ dollars ($____) shall be appropriated from the
General Fund to the department for allocation to school districts for
the purpose of implementing the best practices teacher evaluation
system established pursuant to Sections 44661 and 44662, as added by
Sections 4 and 7 of the act adding this section. The amount
appropriated by this section shall be allocated based on the number
of certificated staff employed at the eligible schoolsites by a
recipient school district. School districts shall use the funds to
plan for the implementation of the best practices teacher evaluation
system, including, but not limited to, both of the following:
(1) Train evaluators to ensure calibration and consistency in
conducting observations pursuant to subparagraph (A) of paragraph (2)
of subdivision (a) of Section 44662, as added by Section 7 of the
act adding this section.
(2) Develop the uniform observation tool used in observations
pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of
Section 44662, as added by Section 7 of the act adding this section.
(b) Funds provided to a school district pursuant to this section
shall support activities related to implementation of the best
practices teacher evaluation system developed pursuant to subdivision
(b) of Section 44661, as added by Section 4 of the act adding this
section.
(c) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 12. Section 44662.8 is added to the Education Code, to read:
44662.8. (a) This article does not supersede or invalidate a
teacher evaluation system that is locally negotiated pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1
of the Government Code and that is in effect at the time this section
becomes operative. If a locally negotiated teacher evaluation system
is in effect at the time this section becomes operative, the teacher
evaluation system shall remain in effect until the parties to the
agreement negotiate a successor agreement.
(b) This section shall become operative on July 1, 2016.
SEC. 13. Section 44664 of the Education Code is amended to read:
44664. (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) At least every five years for personnel with permanent status
who have been employed at least 10 years with the school district,
are highly qualified, if those personnel occupy positions that are
required to be filled by a highly qualified professional by the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec.
6301, 6301 et seq.), as defined in 20
U.S.C. Sec. 7801, Section 7801 of Title 20 of the
United States Code, and whose previous evaluation rated the
employee as meeting or exceeding standards, if the evaluator and
certificated employee being evaluated agree. The certificated
employee or the evaluator may withdraw consent at any time.
(b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the employee. If an
employee is not performing his or her duties in a satisfactory manner
according to the standards prescribed by the governing board, the
employing authority shall notify the employee in writing of that fact
and describe the unsatisfactory performance. The employing authority
shall thereafter confer with the employee making specific
recommendations as to areas of improvement in the employee's
performance and endeavor to assist the employee in his or her
performance. If any permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the employee until the employee achieves a positive
evaluation or is separated from the district.
(b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the certificated
employee.
(1) If an employee is not performing his or her duties in a
satisfactory manner according to the standards prescribed by the
governing board of the school district, the employing authority shall
notify the certificated employee in writing of that fact and
describe the unsatisfactory performance.
(2) The employing authority shall thereafter confer with the
certificated employee making specific recommendations as to areas of
improvement in the certificated employee's performance and endeavor
to assist the employee in his or her performance.
(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the certificated employee until the certificated employee
achieves a positive evaluation or is separated from the school
district.
(c) Any (1) An
evaluation performed pursuant to this article which
that contains an unsatisfactory rating of
an a certificated employee's
performance in the area of teaching methods or instruction may
include the requirement that the certificated employee shall, as
determined necessary by the employing authority, participate in a
program designed to improve appropriate areas of the
certificated employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority. If a district participates in the Peer Assistance
and Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), any certificated employee who
receives an unsatisfactory rating on an evaluation performed pursuant
to this section shall participate in the Peer Assistance and Review
Program for Teachers.
(2) If a school district participates in the California Peer
Assistance and Review Program for Teachers established pursuant to
Article 4.5 (commencing with Section 44500), a certificated employee
who receives an unsatisfactory rating on an evaluation performed
pursuant to this section shall participate in the California Peer
Assistance and Review Program for Teachers.
(d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board. board of the school
district.
(e) This section shall become inoperative on July 1, 2016, and, as
of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 14. Section 44664 is added to the Education Code, to read:
44664. (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) Except as may be provided in the best practices teacher
evaluation system locally negotiated pursuant to subdivision (b) of
Section 44661, at least every three years for personnel with
permanent status who have been employed at least 10 years with the
school district, are highly qualified, if those personnel occupy
positions that are required to be filled by a highly qualified
professional by the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of Title 20 of
the United States Code, and whose previous evaluation rated the
employee as meeting or exceeding standards, if the evaluator and
certificated employee being evaluated agree. The certificated
employee or the evaluator may withdraw consent at any time.
(b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the certificated
employee.
(1) If a certificated employee is not performing his or her duties
in a satisfactory manner according to the standards prescribed by
the governing board, the employing authority shall notify the
certificated employee in writing of that fact and describe the
unsatisfactory performance.
(2) The employing authority shall thereafter confer with the
certificated employee making specific recommendations as to areas of
improvement in the certificated employee's performance and endeavor
to assist the certificated employee in his or her performance.
(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall do both of
the following:
(A) Provide professional development based on the specific
recommendations as to areas of improvement in the certificated
employee's performance.
(B) Annually evaluate the certificated employee until the
certificated employee achieves a positive evaluation or is separated
from the school district.
(c) (1) An evaluation
performed pursuant to this article that contains an unsatisfactory
rating of a certificated employee's performance in the area of
teaching methods or instruction may include the requirement that the
certificated employee shall, as determined necessary by the employing
authority, participate in a program designed to improve appropriate
areas of the certificated employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority.
(2) If a school district participates in the California Peer
Assistance and Review Program for Teachers established pursuant to
Article 4.5 (commencing with Section 44500), a certificated employee
who receives an unsatisfactory rating on an evaluation performed
pursuant to this section shall participate in the California Peer
Assistance and Review Program for Teachers.
(d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board.
(e) This section shall become operative on July 1, 2016.
SEC. 15. 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.