BILL NUMBER: AB 1166	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2012

INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 18, 2011

   An act to  amend Section 45028 of   add
Section 49074.5 to  the Education Code, relating to 
teachers   pupils  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1166, as amended, Solorio.  Teacher salaries:
additional credit: years of training.   Pupils: privacy
of pupil records: standardized test scores and grades.  
   Existing law establishes the public school system in this state,
pursuant to which school districts, county offices of education, and
charter schools provide educational services to pupils in
kindergarten and grades 1 to 12, inclusive, at elementary and
secondary schools throughout the state. Existing law generally
requires school districts, as defined to also include county offices
of education and charter schools, to establish, maintain, and destroy
pupil records according to regulations adopted by the State Board of
Education.  
   This bill would prohibit school districts from including, or
causing to be included, on a pupil's school identification card or
any other object that a pupil is required or encouraged by school
officials to carry on his or her person while present at school, any
information about that pupil's scores on standardized tests or the
course grades that the pupil has received. The bill would define
"information" for these purposes to include the pupil's actual test
scores or grades, the percentile or range into which those test
scores or grades fall, or any symbol, color, logo, or other device or
emblem used to represent or convey any information about those test
scores or grades.  
   Existing law requires that each teacher employed by a school
district be classified on a uniform salary schedule based on years of
training and years of experience, except if the employer and the
exclusive bargaining representative agree otherwise, pursuant to a
collective bargaining agreement.  
   This bill would provide that it is not a violation of these
provisions of law for a school district, with the agreement of the
exclusive bargaining representative of the certificated employees of
the district, to grant to any certificated employee uniform
additional credit for years of training if the training meets
specified requirements. The bill would state that its provisions are
declaratory of existing law.  
   The bill also would make technical, nonsubstantive changes.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1.    Section 49074.5 is added to
the   Education Code  , to read:  
   49074.5.  A school district shall not include, or cause to be
included, on a pupil's school identification card or any other object
that a pupil is required or encouraged by school officials to carry
on his or her person while present at school, any information about
that pupil's scores on standardized tests or the course grades that
the pupil has received. As used in this section, "information"
includes, but is not necessarily limited to, the pupil's actual test
scores or grades, the percentile or range into which those test
scores or grades fall, or any symbol, color, logo, or other device or
emblem used to represent or convey any information about those test
scores or grades.  
  SECTION 1.    Section 45028 of the Education Code
is amended to read:
   45028.  (a) (1) Effective July 1, 1970, each person employed by a
school district in a position requiring certification qualifications,
except a person employed in a position requiring administrative or
supervisory credentials, shall be classified on the salary schedule
on the basis of uniform allowance for years of training and years of
experience, except if a public school employer and the exclusive
representative negotiate and mutually agree to a salary schedule
based on criteria other than a uniform allowance for years of
training and years of experience pursuant to Chapter 10.7 (commencing
with Section 3540) of the Government Code. Employees shall not be
placed in different classifications on the schedule, nor paid
different salaries, solely on the basis of the respective grade
levels in which such employees serve.
   (2) The governing board of a school district shall not draw orders
for the salary of any teacher in violation of this section, and a
superintendent shall not draw any requisition for the salary of any
teacher in violation thereof.
   (3) This section shall not apply to teachers of special day and
evening classes in elementary schools, teachers of special classes
for elementary pupils, teachers of special day and evening high
school classes and substitute teachers.
   (b) (1) It is not a violation of the uniformity requirement of
this section for a school district, with the agreement of the
exclusive representative of certificated employees, if any, to grant
any employee hired after a locally specified date differential credit
for prior years of experience or prior units of credit for purposes
of initial placement on the salary schedule of the district.
   (2) This subdivision is declaratory of existing law.
   (c) (1) It is not a violation of subdivision (a) for a school
district, with the agreement of the exclusive bargaining
representative of certificated employees of the district, to grant
any certificated employee uniform additional credit for specified
years of training when the additional training meets any of the
following conditions:
   (A) The training is directly related to the content currently
being taught in the classroom by the certificated employee.
   (B) The training is intended to improve the pedagogical strategies
used by the certificated employee to teach the content currently
being taught in the classroom.
   (C) The training satisfies the requisite criteria for
certification qualifications to fill a position in a shortage area
that has been designated by the governing board of the school
district with the agreement of the exclusive bargaining
representative of the certificated employees of the district.
   (2) This subdivision is declaratory of existing law.
   (d) A public school employer and the exclusive representative of
credentialed teachers may jointly apply to the Superintendent for
technical assistance and planning grant funding to facilitate the
planning of a salary schedule for teachers based on criteria in
addition to years of training and years of experience, as described
in subdivision (a). The Superintendent may make planning grants from
funds appropriated for this purpose in the annual Budget Act or other
legislation.
   (e) To be eligible for grant funding pursuant to subdivision (d),
the public school employer and the exclusive representative of
credentialed teachers should consider a salary schedule designed to
compensate teachers for the additional responsibilities, time, and
effort required to serve in challenging school settings, and reward
teachers for professional growth tied to their particular
assignments.
   (f) Public school employers and exclusive representatives of
credentialed teachers are encouraged to recognize teacher
contributions to improving pupil achievement, provide incentives to
teachers to accept teaching assignments in areas of highest need, and
recognize relevant professional experience on the salary schedule in
lieu of units and degrees or in lieu of teaching experience.