BILL NUMBER: AB 580	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member O'Donnell

                        FEBRUARY 24, 2015

   An act to repeal Sections 44504, 44505, 44506, and 44507 of the
Education Code, relating to teachers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 580, as introduced, O'Donnell. Teachers: California Peer
Assistance and Review Program for Teachers.
   Existing law establishes the California Peer Assistance and Review
Program for Teachers, which is a program established to assist
teachers by setting forth performance goals, providing multiple
observations of the teacher during periods of classroom instruction,
and encouraging a cooperative relationship between the consulting
teacher and the principal with respect to a process of peer
assistance and review. Existing law provides for the implementation
of the program by school districts that elect to participate in the
program, and establishes a system for apportioning state funds to
participating school districts. Existing law requires a school
district that does not participate in the program to report the
rationale for not participating annually at a regularly scheduled
meeting of the governing board of the school district.
   This bill would repeal specified provisions relating to the
implementation and funding of this program and would delete an
obsolete provision relating to the preparation of a comprehensive
evaluation of the program.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 44504 of the Education Code is repealed.

   44504.  (a) Except as provided in Section 44505, the California
Peer Assistance and Review Program for Teachers shall become fully
operational on July 1, 2001, on which date it shall completely
replace the California Mentor Teacher Program established pursuant to
Chapter 1302 of the Statutes of 1983 and set forth in Article 4
(commencing with Section 44490). This article is applicable to all
school districts that elect to receive state funds for the California
Peer Assistance and Review Program for Teachers. Commencing with the
2001-02 fiscal year, funding shall only be made available for
purposes authorized by this article. A school district that elects to
participate in the program established pursuant to this article
shall certify to the Superintendent of Public Instruction by August
1, 2001, that it has implemented a Peer Assistance and Review Program
for Teachers pursuant to this article.
   (b) A school district that does not elect to participate in the
program authorized under this article by July 1, 2001, is not
eligible for any apportionment, allocation, or other funding from an
appropriation for the program authorized pursuant to this article or
for any apportionments, allocations, or other funding from funding
for local assistance appropriated pursuant to Budget Act Item
6110-231-0001, funding appropriated for the Administrator Training
and Evaluation Program set forth in Article 3 (commencing with
Section 44681) of Chapter 3.1 of Part 25, from an appropriation for
the Instructional Time and Staff Development Reform Program as set
forth in Article 7.5 (commencing with Section 44579) of Chapter 3, or
from an appropriation for school development plans as set forth in
Article 1 (commencing with Section 44670.1) of Chapter 3.1 and the
Superintendent of Public Instruction shall not apportion, allocate,
or otherwise provide any funds to the district pursuant to those
programs.
   (c) Commencing February 1, 2002, a school district that elects not
to participate in the program authorized under this article shall
report annually at a regularly scheduled meeting of the governing
board of the school district on the rationale for not participating
in the program. 
  SEC. 2.  Section 44505 of the Education Code is repealed. 
   44505.  (a) Between July 1, 1999, and June 30, 2000, a school
district may notify the Superintendent of Public Instruction that it
plans to implement, commencing July 1, 2000, a Peer Assistance and
Review Program for Teachers pursuant to this article. Upon receipt of
the notification by the school district, the Superintendent of
Public Instruction shall apportion to the school district two
thousand eight hundred dollars ($2,800) or an amount equal to the
number of mentor teachers that the state calculated the school
district is entitled to in the 1999-2000 fiscal year pursuant to
Article 4 (commencing with Section 44490) multiplied by two thousand
eight hundred dollars ($2,800), whichever is greater.
   (b) A school district that notifies the Superintendent of Public
Instruction that it plans to implement a Peer Assistance and Review
Program for Teachers by July 1, 2000, pursuant to subdivision (a),
shall certify to the Superintendent of Public Instruction that it has
implemented a program by August 1, 2000. In addition to the
certification, the Superintendent of Public Instruction may request a
copy of the signature page of the collective bargaining agreement
implementing the program required pursuant to subdivision (a) of
Section 44503. A school district that fails to provide the required
certification is not eligible to receive an apportionment for the
Peer Assistance and Review Program for Teachers pursuant to
subdivision (a) of this section or subdivision (a) of Section 44498
in the 2000-01 school year, or in any year thereafter. The school
district, however, may be eligible to receive an apportionment for
the Peer Assistance and Review Program for Teachers pursuant to
subdivision (c) of this section and subdivision (a) of Section 44498
in the 2000-01 school year, and in each year thereafter, if the
school district complies with the requirements set forth in
subdivisions (c) and (d).
   (c) Between July 1, 2000, and May 31, 2001, a school district may
notify the Superintendent of Public Instruction that it plans to
implement, commencing July 1, 2001, a Peer Assistance and Review
Program for Teachers pursuant to this article. On or before June 29,
2001, the Superintendent of Public Instruction shall apportion to
every school district that provides this notification an amount equal
to the number of mentor teachers that the state calculated the
school district is entitled to in the 1999-2000 school year pursuant
to Article 4 (commencing with Section 44490) times a maximum of one
thousand dollars ($1,000). Any school district that provides this
notification shall receive at least the amount that would be received
pursuant to this section by a school district with one state funded
mentor in the 2000-01 school year pursuant to Article 4 (commencing
with Section 44490).
   (d) A school district that notifies the Superintendent of Public
Instruction that it plans to implement a Peer Assistance and Review
Program for Teachers by July 1, 2001, pursuant to subdivision (c),
shall certify to the Superintendent of Public Instruction that it has
implemented a program by July 1, 2001. In addition to the
certification, the Superintendent of Public Instruction may request a
copy of the signature page of the collective bargaining agreement
implementing the program required pursuant to subdivision (a) of
Section 44503. A school district that fails to provide the required
certification is not eligible for any apportionment for the Peer
Assistance and Review Program for Teachers received pursuant to
subdivision (c) of this section, and subdivision (a) of Section 44498
in the 2001-02 school year, or in any year thereafter.
   (e) The funding provided pursuant to subdivisions (a) and (c) of
this section and subdivision (a) of Section 44498 shall be provided
to eligible school districts in each year that the school operates a
Peer Assistance and Review Program for Teachers.
   (f) The maximum amount of funds available for apportionment to
school districts by the Superintendent of Public Instruction for
allocation pursuant to subdivision (c) shall be the amount
appropriated pursuant to subdivision (a) of Section 6 of the act
adding this section, minus any funds apportioned by the
Superintendent of Public Instruction to school districts pursuant to
subdivision (a) as of June 30, 2000.
   (g) A school district may use funds apportioned pursuant to this
section for activities necessary to implement the Peer Assistance and
Review Program for Teachers. 
  SEC. 3.  Section 44506 of the Education Code is repealed. 
   44506.  (a) The state funding for this article subsequent to the
1999-2000 fiscal year is subject to an appropriation in the annual
Budget Act.
   (b) A school district that receives funds for purposes of this
article also may expend those funds for any of the following
purposes:
   (1) The Marian Bergeson Beginning Teacher Support and Assessment
System as set forth in Article 4.5 (commencing with Section 44279.1)
of Chapter 2.
   (2) A district intern program as set forth in Article 7.5
(commencing with Section 44325) of Chapter 2.
   (3) Professional development or other educational activities
previously provided pursuant to Article 4 (commencing with Section
44490) of Chapter 3, as it read prior to January 1, 2002.
   (4)  A program that supports the training and development of new
teachers.
   (c) (1) The Superintendent shall determine a base funding unit
rate for the California Peer Assistance and Review Program for
Teachers that is equal to the total amount provided for the
California Mentor Teacher Program in subdivision (b) of Section 6 of
Chapter 4 of the Statutes of 1999 for the First Extraordinary
Session, divided by the total number of mentor teachers that the
state calculated the school district is entitled to in the 1999-2000
fiscal year.
   (2)  The Superintendent annually shall apportion to each school
district that certified implementation of the Peer Assistance and
Review Program for Teachers pursuant to subdivision (b) of Section
44505, an amount equal to 5 percent of the prior year count of
certificated classroom teachers employed by the school district,
multiplied by a rate that equals the sum of (i) the base amount per
funding unit as calculated in paragraph (1) of subdivision (c),
adjusted annually pursuant to subdivision (b) of Section 42238.1, and
(ii) two thousand eight hundred dollars ($2,800); adjusted annually
pursuant to subdivision (b) of Section 42238.1.
   (3)  The Superintendent annually shall apportion to each school
district that certified implementation of a Peer Assistance and
Review Program for Teachers pursuant to subdivision (d) of Section
44505, an amount equal to 5 percent of the prior year count of
certificated classroom teachers employed by the school district,
multiplied by a rate which equals the sum of (i) the base amount per
funding unit as calculated in paragraph (1) of subdivision (c),
adjusted annually pursuant to subdivision (b) of Section 42238.1, and
(ii) the per mentor teacher unit amount provided to the district
pursuant to subdivision (c) of Section 44505, adjusted annually
pursuant to subdivision (b) of Section 42238.1.
   (4) In paragraphs (2) and (3), 5 percent of the certificated
classroom teachers employed by the district shall be rounded to the
next whole integer.
   (5) If at the end of a fiscal year, an amount of funds available
for purposes of the Peer Assistance and Review Program remain
unallocated, the Superintendent shall use the unallocated amount to
increase the base funding rate calculated under paragraph (1) for the
succeeding fiscal year. 
  SEC. 4.  Section 44507 of the Education Code is repealed. 
   44507.  Subject to the availability of funding in the annual
Budget Act, the Superintendent of Public Instruction shall contract
with an independent evaluator on or before December 15, 2002, to
prepare a comprehensive evaluation of the implementation, impact,
cost, and benefit of the California Peer Assistance and Review
Program for Teachers. The evaluation shall be delivered to the
Legislature, the Governor, and interested parties on or before
January 1, 2004. As a condition of receiving funding, school
districts implementing programs pursuant to this article shall
provide data, as requested by the Superintendent of Public
Instruction, to provide baseline information for the evaluation.