AB 934: Certificated school employees.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-01
(1)Existing law establishes the California Peer Assistance and Review Program for Teachers, which authorizes the governing board of a school district and the exclusive representative of the certificated employees in the school district to develop and implement a peer review program that meets local conditions and conforms to specified principles.
This bill would require each school district to create a multiple-day administrator training program on how to evaluate teachers and would require specified administrators to participate in the program. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would also encourage each school district to create a one-year principal, vice principal, or assistant principal, as applicable, support program that would allow highly effective school administrators to support specified principals, vice principals, or assistant principals, as applicable, demonstrating unsatisfactory performance to become proficient in the California Professional Standards for Educational Leaders.
(2)Existing law authorizes the governing board of a school district to evaluate a school principal, as provided. Existing law also authorizes the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal.
This bill would require the governing board of a school district to annually evaluate a school principal, vice principal, and assistant principal, as applicable, for the first and 2nd year of employment. The bill would require the superintendent of a school district to annually submit a report outlining his or her plan for the evaluation and support of principals, vice principals, and assistant principals, as applicable, of the school district to the governing board of the school district. The bill would also require the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal, vice principal, or assistant principal, as applicable. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would express the intent of the Legislature that every school principal, vice principal, and assistant principal, as applicable, be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders and are performing effective evaluations of teachers.
(3)Existing law requires a certificated employee who has completed 2 years of service to the school district as a probationary employee, or one year as an intern and a succeeding year as a probationary employee, and who is further reelected and employed during the succeeding school year to be classified as a permanent employee.
This bill would instead require a certificated employee who has completed 3 years of service to the school district as a probationary employee, or one year as an intern and 2 succeeding years as a probationary employee, and who is further reelected and employed during the succeeding school year to be classified as a permanent employee, as provided. The bill would require each 3rd-year employee of a school district who is probationary to continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program.
Existing law requires each person who, after being employed for 2 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools.
This bill would instead require each certificated employee who, after being employed for 3 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools, as provided. The bill would require each 3rd-year probationary employee of a county superintendent of schools to continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program.
(4)Existing law provides that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel, as specified, for a total of 2 complete consecutive school years, upon being elected for the 3rd consecutive school year in either school district, shall, at the commencement of that year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.
This bill would instead provide that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel for a total of 3 complete consecutive school years, upon being elected for the 4th consecutive school year in either school district, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.
Existing law also provides that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 2 complete consecutive school years, upon being elected for a 3rd consecutive school year in any of the school districts, shall, at the commencement of that 3rd year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.
This bill would instead provide that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 3 complete consecutive school years, upon being elected for a 4th consecutive school year in any of the school districts, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.
(5)Under existing law, the minimum requirements for a professional services credential with a specialization in administrative services include the completion of an individualized program of professional development activities and 2 years of successful experience in a full-time administrative position.
This bill would require a credential candidate to complete the individualized program during the first 2 years of experience in a full-time administrative position and would require the individualized program to include training on how to properly and effectively evaluate certificated employees.
(6)Existing
Existing law requires the public school employer and the exclusive representative, upon request of either party, to meet and negotiate regarding causes and procedures for disciplinary action, other than dismissal, including a suspension of pay for up to 15 days, affecting certificated employees.
This bill instead additionally would require the public school employer and the exclusive representative, upon request of either party, to meet and negotiate regarding causes and procedures for disciplinary action, including, but not limited to, a suspension of pay for up to 15 days or including dismissal, based solely on unprofessional conduct or unsatisfactory performance, or both, affecting certificated employees. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
(7)This bill would also make conforming changes and nonsubstantive changes.
(8)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.
(1)Existing law establishes the California Peer Assistance and Review Program for Teachers, which authorizes the governing board of a school district and the exclusive representative of the certificated employees in the school district to develop and implement a peer review program that meets local conditions and conforms to specified principles.
This bill would require each school district to create a 2-year teacher support program, through collective bargaining, if requested by the school district or the exclusive representative, that would allow a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession. The bill would require each school district to create a multiple-day principal and vice principal administrator training program on how to evaluate teachers and would require specified administrators demonstrating unsatisfactory performance to participate in the program. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would also encourage each school district to create a one-year principal or vice principal principal, vice principal, or assistant principal, as applicable, support program that would allow highly effective school administrators to support specified principals or vice principals principals, vice principals, or assistant principals, as applicable, demonstrating unsatisfactory performance to become proficient in the California Professional Standards for Educational Leaders.
(2)Existing law requires school districts to evaluate each certificated employee on a continuous basis, as specified. Existing law also authorizes an employing authority to require a certificated employee who receives an evaluation including an unsatisfactory rating of an employees performance in the area of teaching methods or instruction to participate in a program designed to improve appropriate areas of the employees performance and to further pupil achievement and the instructional objectives of the employing authority. Existing law also requires a school district, if it participates in the California Peer Assistance and Review Program for Teachers, to require any certificated employee who receives an unsatisfactory rating on an evaluation to participate in that program.
This bill would instead require a certificated employee who receives an annual evaluation in the lowest category of performance in the area of teaching methods or instruction to participate in either the California Peer Assistance and Review Program for Teachers or the district-designed teacher support program discussed above. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
(3)
(2)Existing law authorizes the governing board of a school district to evaluate a school principal, as provided. Existing law also authorizes the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal.
This bill would require the governing board of a school district to annually evaluate a school principal and vice principal principal, vice principal, and assistant principal, as applicable, for the first and 2nd year of employment. The bill would require the superintendent of a school district to annually provide reports on the evaluation or nonevaluation of principals and vice principals submit a report outlining his or her plan for the evaluation and support of principals, vice principals, and assistant principals, as applicable, of the school district to the governing board of the school district. The bill would also require the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal or vice principal. principal, vice principal, or assistant principal, as applicable. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would express the intent of the Legislature that every school principal and vice principal principal, vice principal, and assistant principal, as applicable, be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders and are performing effective evaluations of teachers.
(4)Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including unsatisfactory performance. Existing law requires the governing board of a school district to give notice, together with a written statement of charges, to a permanent employee of its intention to dismiss or suspend the employee at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing.
This bill would authorize proceedings based solely on charges of unsatisfactory performance to be initiated via an alternative process, which this bill would establish.
(5)Existing law establishes the process for dismissal or suspension hearing proceedings for certificated employees.
This bill would instead provide for a binding arbitration process for charges based solely on unsatisfactory performance, which this bill would establish.
(6)Existing law prohibits the governing board of a school district from acting upon any charges of unsatisfactory performance unless, at least 90 calendar days before the date of the filing or before the beginning of the time period composed of the last 1/4 of the schooldays, the governing board of the school district provides the employee written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge.
This bill would instead prohibit the governing board of a school district from acting upon any charges of unsatisfactory performance against a permanent employee unless the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers or a district-designed teacher or administrator support program.
(7)Existing law authorizes a decision reached in a dismissal or suspension proceeding concerning a certificated employee to be reviewed by a court of competent jurisdiction.
This bill would make this statutory procedure inapplicable to a decision based solely on unsatisfactory performance reached in a dismissal or suspension proceeding concerning a certificated employee.
(8)
(3)Existing law requires a certificated employee who has completed 2 years of service to the school district as an intern or a probationary employee employee, or one year as an intern and a succeeding year as a probationary employee, and who is further reelected and employed during the succeeding school year to be classified as a permanent employee.
This bill would instead require a certificated employee who has completed 3 years of service to the school district as an intern or a probationary employee employee, or one year as an intern and 2 succeeding years as a probationary employee, and who is further reelected and employed during the succeeding school year to be classified as a permanent employee, unless the governing board of the school district chooses to continue to classify the certificated employee as a probationary employee for a 4th year, as provided. The bill would require each 3rd- and 4th-year probationary 3rd-year employee of a school district who is probationary to participate in the California Peer Assistance and Review Program for Teachers or a district-designed teacher support program. continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program.
Existing law requires each person who, after being employed for 2 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools.
This bill would instead require each certificated employee who, after being employed for 3 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools, unless the county superintendent of schools chooses to continue to classify the certificated employee as a probationary employee for a 4th year, as provided. The bill would require each 3rd- and 4th-year 3rd-year probationary employee of a county superintendent of schools, if the county superintendent of schools participates in the California Peer Assistance and Review Program for Teachers, to participate in the program. schools to continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program.
This bill would provide that, notwithstanding any other law, a 3rd- or 4th-year probationary employee shall not be released or dismissed without cause and may appeal release or dismissal.
(9)
(4)Existing law provides that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel, as specified, for a total of 2 complete consecutive school years, upon being elected for the 3rd consecutive school year in either school district, shall, at the commencement of that year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.
This bill would instead provide that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel for a total of 3 complete consecutive school years, upon being elected for the 4th consecutive school year in either school district, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.
Existing law also provides that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 2 complete consecutive school years, upon being elected for a 3rd consecutive school year in any of the school districts, shall, at the commencement of that 3rd year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.
This bill would instead provide that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 3 complete consecutive school years, upon being elected for a 4th consecutive school year in any of the school districts, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.
(10)Existing law authorizes the governing board of a school district to decrease the number of permanent employees of a school district, based on seniority, when a reduction in workforce is required due to specific circumstances, as provided. Existing law prohibits, except as otherwise provided, the services of a permanent employee from being terminated in these situations while any probationary employee, or any other employee with less seniority, is retained to render a service which the permanent employee is certificated and competent to render.
This bill would instead require the governing board of a school district, when a reduction in workforce is required, to terminate certificated employees in a specified order based on both seniority and evaluations of performance.
(11)Under existing law, the minimum requirements for a preliminary services credential with a specialization in administrative services include completion of a minimum of 3 years of successful, full-time classroom teaching experience or 3 years of experience in the field of pupil personnel, health, clinical or rehabilitative, or librarian services.
This bill would instead provide that the minimum requirements for a preliminary services credential with a specialization in administrative services include completion of 5 years of successful, full-time classroom teaching experience or 5 years of experience in the field of pupil personnel, health, clinical or rehabilitative, or librarian services, or a combination of those experiences equal to 5 years.
(5)Under existing law, the minimum requirements for a professional services credential with a specialization in administrative services include the completion of an individualized program of professional development activities and 2 years of successful experience in a full-time administrative position.
This bill would require a credential candidate to complete the individualized program during the first 2 years of experience in a full-time administrative position and would require the individualized program to include training on how to properly and effectively evaluate certificated employees.
(6)Existing law requires the public school employer and the exclusive representative, upon request of either party, to meet and negotiate regarding causes and procedures for disciplinary action, other than dismissal, including a suspension of pay for up to 15 days, affecting certificated employees.
This bill instead would require the public school employer and the exclusive representative, upon request of either party, to meet and negotiate regarding causes and procedures for disciplinary action, including, but not limited to, a suspension of pay for up to 15 days or dismissal, affecting certificated employees. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
(12)
(7)This bill would also make conforming changes and nonsubstantive changes.
(13)
(8)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.
(1)Existing law establishes the California Peer Assistance and Review Program for Teachers, which authorizes the governing board of a school district and the exclusive representative of the certificated employees in the school district to develop and implement a peer review program that meets local conditions and conforms to specified principles.
This bill would require each school district to create a 2-year teacher support program program, through collective bargaining, if requested by the school district or the exclusive representative, that would allow a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession. The bill would require each school district to create a multiple-day principal and vice principal training program on how to evaluate teachers and would require specified administrators demonstrating unsatisfactory performance to participate in the program. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would also encourage each school district to create a one-year principal or vice principal support program that would allow a highly effective school administrator administrators to support a principal specified principals or vice principal principals demonstrating unsatisfactory performance to become proficient in the California Professional Standards for Educational Leaders.
(2)Existing law requires school districts to evaluate each certificated employee on a continuous basis, as specified. Existing law also authorizes an employing authority to require a certificated employee who receives an evaluation including an unsatisfactory rating of an employees performance in the area of teaching methods or instruction to participate in a program designed to improve appropriate areas of the employees performance and to further pupil achievement and the instructional objectives of the employing authority. Existing law also requires a school district, if it participates in the California Peer Assistance and Review Program for Teachers, to require any certificated employee who receives an unsatisfactory rating on an evaluation to participate in that program.
This bill would instead require a certificated employee who receives an annual evaluation that contains an unsatisfactory rating of the employees performance in the lowest category of performance in the area of teaching methods or instruction to participate in either the California Peer Assistance and Review Program for Teachers or the district-designed teacher support program discussed above. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
(3)Existing law authorizes the governing board of a school district to evaluate a school principal, as provided. Existing law also authorizes the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal.
This bill would also authorize require the governing board of a school district to annually evaluate a school principal and vice principal. principal for the first and 2nd year of employment. The bill would require the superintendent of a school district to annually provide reports on the evaluation or nonevaluation of principals and vice principals to the governing board of the school district, thereby imposing a state-mandated local program. district. The bill would also require the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal or vice principal. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would express the intent of the Legislature that every school principal and vice principal be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders. Leaders and are performing effective evaluations of teachers.
(4)Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including unsatisfactory performance. Existing law requires the governing board of a school district to give notice, together with a written statement of charges, to a permanent employee of its intention to dismiss or suspend the employee at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing.
This bill would authorize proceedings based solely on charges of unsatisfactory performance to be initiated via an alternative process, which this bill would establish.
(5)Existing law establishes the process for dismissal or suspension hearing proceedings for certificated employees.
This bill would instead provide for a binding arbitration process for charges based solely on unsatisfactory performance, which this bill would establish.
(6)Existing law prohibits the governing board of a school district from acting upon any charges of unsatisfactory performance unless unless, at least 90 calendar days before the date of the filing or before the beginning of the time period composed of the last 1/4 of the schooldays, the governing board of the school district provides the employee written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge.
This bill would instead prohibit the governing board of a school district from acting upon any charges of unsatisfactory performance against a permanent employee unless the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers or a district-designed teacher or administrator support program.
(7)Existing law authorizes a decision reached in a dismissal or suspension proceeding concerning a certificated employee to be reviewed by a court of competent jurisdiction.
This bill would make this statutory procedure inapplicable to a decision based solely on unsatisfactory performance reached in a dismissal or suspension proceeding concerning a certificated employee.
(8)Existing law requires a certificated employee who has completed 2 years of service to the school district as an intern or probationary employee and who is further reelected and employed during the succeeding school year to be classified as a permanent employee.
This bill would instead require a certificated employee who has completed 3 years of service to the school district as an intern or probationary employee and who is further reelected and employed during the succeeding school year to be classified as a permanent employee, unless the governing board of the school district chooses to continue to classify the certificated employee as a probationary employee for a 4th year, as provided. The bill would require each 3rd- and 4th-year probationary employee of a school district to participate in the California Peer Assistance and Review Program for Teachers or a district-designed teacher support program.
Existing law requires each person who, after being employed for 2 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools.
This bill would instead require each certificated employee who, after being employed for 3 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools, unless the county superintendent of schools chooses to continue to classify the certificated employee as a probationary employee for a 4th year, as provided. The bill would require each 3rd- and 4th-year probationary employee of a county superintendent of schools, if the county superintendent of schools participates in the California Peer Assistance and Review Program for Teachers, to participate in the program.
This bill would provide that, notwithstanding any other law, a 3rd- or 4th-year probationary employee has the due process and appeal rights of a permanent employee. shall not be released or dismissed without cause and may appeal release or dismissal.
(9)Existing law provides that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel, as specified, for a total of 2 complete consecutive school years, upon being elected for the 3rd consecutive school year in either school district, shall, at the commencement of that year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.
This bill would instead provide that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel, personnel for a total of 3 complete consecutive school years, upon being elected for the 4th consecutive school year in either school district, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.
Existing law also provides that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 2 complete consecutive school years, upon being elected for a 3rd consecutive school year in any of the school districts, shall, at the commencement of that 3rd year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.
This bill would instead provide that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 3 complete consecutive school years, upon being elected for a 4th consecutive school year in any of the school districts, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.
(10)Existing law authorizes the governing board of a school district to decrease the number of permanent employees of a school district, based on seniority, when a reduction in workforce is required due to specific circumstances, as provided. Existing law prohibits, except as otherwise provided, the services of a permanent employee from being terminated in these situations while any probationary employee, or any other employee with less seniority, is retained to render a service which the permanent employee is certificated and competent to render.
This bill would instead require the governing board of a school district, when a reduction in workforce is required, to terminate certificated employees in a specified order based on both seniority and evaluations of performance.
(11)Under existing law, the minimum requirements for a preliminary services credential with a specialization in administrative services include completion of a minimum of 3 years of successful, full-time classroom teaching experience or 3 years of experience in the field of pupil personnel, health, clinical or rehabilitative, or librarian services.
This bill would instead provide that the minimum requirements for a preliminary services credential with a specialization in administrative services include completion of 5 years of successful, full-time classroom teaching experience or 5 years of experience in the field of pupil personnel, health, clinical or rehabilitative, or librarian services, or a combination of those experiences equal to 5 years.
Under existing law, the minimum requirements for a professional services credential with a specialization in administrative services include the completion of an individualized program of professional development activities and 2 years of successful experience in a full-time administrative position.
This bill would require a credential candidate to complete the individualized program during the first 2 years of experience in a full-time administrative position and would require the individualized program to include training on how to properly and effectively evaluate certificated employees.
(11)
(12)This bill would also make conforming changes and nonsubstantive changes.
(12)
(13)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.
(1)Existing law establishes the California Peer Assistance and Review Program for Teachers, which authorizes the governing board of a school district and the exclusive representative of the certificated employees in the school district to develop and implement a peer review program that meets local conditions and conforms to specified principles.
This bill would require each school district to create a 2-year teacher support program that would allow a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would also encourage each school district to create a one-year principal or vice principal support program that would allow a highly effective school administrator to support a principal or vice principal demonstrating unsatisfactory performance to become proficient in the California Professional Standards for Educational Leaders.
(2)Existing law requires school districts to evaluate each certificated employee on a continuous basis, as specified. Existing law also authorizes an employing authority to require a certificated employee who receives an evaluation including an unsatisfactory rating of an employees performance in the area of teaching methods or instruction to participate in a program designed to improve appropriate areas of the employees performance and to further pupil achievement and the instructional objectives of the employing authority. Existing law also requires a school district, if it participates in the California Peer Assistance and Review Program for Teachers, to require any certificated employee who receives an unsatisfactory rating on an evaluation to participate in that program.
This bill would, instead, would instead require a certificated employee who receives an annual evaluation that contains an unsatisfactory rating of the employees performance in the area of teaching methods or instruction to participate in either the California Peer Assistance and Review Program for Teachers or the district-designed teacher support program discussed above. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
(3)Existing law authorizes the governing board of a school district to evaluate a school principal, as provided. Existing law also authorizes the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal.
This bill would also authorize the governing board of a school district to evaluate a school vice principal. The bill would require the superintendent of a school district to annually provide reports on the evaluation or nonevaluation of principals and vice principals to the governing board of the school district, thereby imposing a state-mandated local program. The bill would also require the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal or vice principal. The bill would express the intent of the Legislature that every school principal and vice principal be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders.
(4)Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including unsatisfactory performance. Existing law requires the governing board of a school district to give notice, together with a written statement of charges, to a permanent employee of its intention to dismiss or suspend the employee at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing.
This bill would authorize proceedings based solely on charges of unsatisfactory performance to be initiated via an alternative process, which this bill would establish.
(5)Existing law establishes the process for dismissal or suspension hearing proceedings for certificated employees.
This bill would, instead, would instead provide for a binding arbitration process for charges based solely on unsatisfactory performance, which this bill would establish.
(6)Existing law prohibits the governing board of a school district from acting upon any charges of unsatisfactory performance unless at least 90 calendar days before the date of the filing or before the beginning of the time period composed of the last 1/4 of the schooldays, the governing board of the school district provides the employee written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge.
This bill would, instead, would instead prohibit the governing board of a school district from acting upon any charges of unsatisfactory performance against a permanent employee unless the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers or a district-designed teacher or administrator support program.
(7)Existing law authorizes a decision reached in a dismissal or suspension proceeding concerning a certificated employee to be reviewed by a court of competent jurisdiction.
This bill would make this statutory procedure inapplicable to a decision based solely on unsatisfactory performance reached in a dismissal or suspension proceeding concerning a certificated employee.
(8)Existing law requires a certificated employee who has completed 2 years of service to the school district as an intern or probationary employee and who is further reelected and employed during the succeeding school year to be classified as a permanent employee.
This bill would authorize instead require a certificated employee who has completed 3 years of service to the school district as an intern or probationary employee and who is further reelected and employed during the succeeding school year to be classified as a permanent employee, unless the governing board of a the school district chooses to continue to classify a the certificated employee who has completed 2 years of service to the district and who is further reelected and employed during the succeeding school year as a probationary employee for a 3rd or 4th year, as provided, and to provided. The bill would require that each 3rd- and 4th-year probationary employee of a school district to participate in the California Peer Assistance and Review Program for Teachers or a district-designed teacher support program.
Existing law requires each person who, after being employed for 2 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools.
This bill would instead require each certificated employee who, after being employed for 3 complete consecutive school years by a county superintendent of schools in a teaching position, as specified, is reelected for the next succeeding school year to such a position to be classified as a permanent employee of the county superintendent of schools, unless the county superintendent of schools chooses to continue to classify the certificated employee as a probationary employee for a 4th year, as provided. The bill would require each 3rd- and 4th-year probationary employee of a county superintendent of schools, if the county superintendent of schools participates in the California Peer Assistance and Review Program for Teachers, to participate in the program.
This bill would provide that, notwithstanding any other law, a 3rd- or 4th-year probationary employee has the due process and appeal rights of a permanent employee.
(9)Existing law provides that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel, as specified, for a total of 2 complete consecutive school years, upon being elected for the 3rd consecutive school year in either school district, shall, at the commencement of that year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.
This bill would instead provide that a certificated employee who has served in 2 or more school districts governed by governing boards of identical personnel, for a total of 3 complete consecutive school years, upon being elected for the 4th consecutive school year in either school district, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.
Existing law also provides that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 2 complete consecutive school years, upon being elected for a 3rd consecutive school year in any of the school districts, shall, at the commencement of that 3rd year, be classified as a permanent employee of the last school district in which he or she was employed prior to election for the 3rd year.
This bill would instead provide that, where there are 2 or more school districts governed by governing boards of identical personnel, as specified, a certificated employee who has served in one of the school districts for 3 complete consecutive school years, upon being elected for a 4th consecutive school year in any of the school districts, shall, at the commencement of that 4th year, be classified as a permanent employee of the last school district in which he or she was employed before election for the 4th year.
(9)
(10)Existing law authorizes the governing board of a school district to decrease the number of permanent employees of a school district, based on seniority, when a reduction in workforce is required due to specific circumstances, as provided. Existing law prohibits, except as otherwise provided, the services of a permanent employee from being terminated in these situations while any probationary employee, or any other employee with less seniority, is retained to render a service which the permanent employee is certificated and competent to render.
This bill would instead require each the governing board of a school district to develop a metric that gives equal weight to seniority and teacher effectiveness, as provided, to use when determining which permanent school employees to retain and which to dismiss when a reduction in workforce is required due to specific circumstances, as provided. The bill would also provide the order in which a school district would district, when a reduction in workforce is required, to terminate certificated employees when a reduction in workforce is required. in a specified order based on both seniority and evaluations of performance.
(10)
(11)This bill would also make conforming changes and nonsubstantive changes.
(11)
(12)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.
(1)Existing law establishes the California Peer Assistance and Review Program for Teachers, which authorizes the governing board of a school district and the exclusive representative of the certificated employees in the school district to develop and implement a peer review program that meets local conditions and conforms to specified principles.
This bill would require each school district to create a 2-year teacher support program that would allow a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession. By imposing additional duties on school districts, the bill would impose a state-mandated local program. The bill would also encourage each school district to create a one-year principal or vice principal support program that would allow a highly effective school administrator to support a principal or vice principal demonstrating unsatisfactory performance to become proficient in the California Professional Standards for Educational Leaders.
(2)Existing law requires school districts to evaluate each certificated employee on a continuous basis, as specified. Existing law also authorizes an employing authority to require a certificated employee who receives an evaluation including an unsatisfactory rating of an employees performance in the area of teaching methods or instruction to participate in a program designed to improve appropriate areas of the employees performance and to further pupil achievement and the instructional objectives of the employing authority. Existing law also requires a school district, if it participates in the California Peer Assistance and Review Program for Teachers, to require any certificated employee who receives an unsatisfactory rating on an evaluation to participate in that program.
This bill would, instead, require a certificated employee who receives an annual evaluation that contains an unsatisfactory rating of the employees performance in the area of teaching methods or instruction to participate in either the California Peer Assistance and Review Program for Teachers or the district-designed teacher support program discussed above. By imposing additional duties on school districts, the bill would impose a state-mandated local program.
(3)Existing law authorizes the governing board of a school district to evaluate a school principal, as provided. Existing law also authorizes the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal.
This bill would also authorize the governing board of a school district to evaluate a school vice principal. The bill would require the superintendent of a school district to annually provide reports on the evaluation or nonevaluation of principals and vice principals to the governing board of the school district, thereby imposing a state-mandated local program. The bill would also require the governing board of a school district to use the California Professional Standards for Educational Leaders as the criteria for evaluating a school principal or vice principal. The bill would express the intent of the Legislature that every school principal and vice principal be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders.
(4)Existing law prohibits a permanent school employee from being dismissed, except for one or more of certain enumerated causes, including unsatisfactory performance. Existing law requires the governing board of a school district to give notice, together with a written statement of charges, to a permanent employee of its intention to dismiss or suspend the employee at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing.
This bill would authorize proceedings based solely on charges of unsatisfactory performance to be initiated via an alternative process, which this bill would establish.
(5)Existing law establishes the process for dismissal or suspension hearing proceedings for certificated employees.
This bill would, instead, provide for a binding arbitration process for charges based solely on unsatisfactory performance, which this bill would establish.
(6)Existing law prohibits the governing board of a school district from acting upon any charges of unsatisfactory performance unless at least 90 calendar days before the date of the filing or before the beginning of the time period composed of the last 1/4 of the schooldays, the governing board of the school district provides the employee written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge.
This bill would, instead, prohibit the governing board of a school district from acting upon any charges of unsatisfactory performance against a permanent employee unless the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers or a district-designed teacher or administrator support program.
(7)Existing law authorizes a decision reached in a dismissal or suspension proceeding concerning a certificated employee to be reviewed by a court of competent jurisdiction.
This bill would make this statutory procedure inapplicable to a decision based solely on unsatisfactory performance reached in a dismissal or suspension proceeding concerning a certificated employee.
(8)Existing law requires a certificated employee who has completed 2 years of service to the district as an intern or probationary employee and who is further reelected and employed during the succeeding school year to be classified as a permanent employee.
This bill would authorize the governing board of a school district to continue to classify a certificated employee who has completed 2 years of service to the district and who is further reelected and employed during the succeeding school year as a probationary employee for a 3rd or 4th year, as provided, and to require that employee to participate in the California Peer Assistance and Review Program for Teachers or a district-designed teacher support program.
(9)Existing law authorizes the governing board of a school district to decrease the number of permanent employees of a school district, based on seniority, when a reduction in workforce is required due to specific circumstances, as provided. Existing law prohibits, except as otherwise provided, the services of a permanent employee from being terminated in these situations while any probationary employee, or any other employee with less seniority, is retained to render a service which the permanent employee is certificated and competent to render.
This bill would instead require each school district to develop a metric that gives equal weight to seniority and teacher effectiveness, as provided, to use when determining which permanent school employees to retain and which to dismiss when a reduction in workforce is required due to specific circumstances, as provided. The bill would also provide the order in which a school district would terminate certificated employees when a reduction in workforce is required.
(10)This bill would also make conforming changes and nonsubstantive changes.
(11)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.
Existing law establishes the K12 High-Speed Network (K12 HSN) for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing highspeed, highbandwidth Internet connectivity to the public schools. Existing law requires the Superintendent of Public Instruction to establish a K12 HSN advisory board composed of various members.
This bill would require the K12 HSN advisory board to, with funds appropriated pursuant to a certain appropriation, create a program, and offer to enter into an interagency agreement with the Office of the Chancellor of the California Community Colleges, to develop a sustainable training model that provides ongoing professional development to local educational agency staff on all elements of technical support, as provided.
Existing law establishes the K12 High-Speed Network (K12 HSN) for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing highspeed, highbandwidth Internet connectivity to the public schools. Existing law requires the Superintendent of Public Instruction to use a competitive grant process to select a local educational agency to serve as the Lead Education Agency to administer the K12 HSN on behalf of the Superintendent. Existing law requires the Superintendent to establish a K12 HSN advisory board composed of various members. Existing law requires the K12 HSN advisory board to meet quarterly and to recommend policy direction and broad operational guidance to the Superintendent and the Lead Education Agency.
This bill would require the K12 HSN advisory board to, on or before January 1, 2017, identify strategies to address the lack of technical expertise at K12 public schools and to engage all relevant stakeholders to identify strategies to support public schools with, at a minimum, network designs, network implementation, and network maintenance. with funds appropriated pursuant to a certain appropriation, create a program, and offer to enter into an interagency agreement with the Office of the Chancellor of the California Community Colleges, to develop a sustainable training model that provides ongoing professional development to local educational agency staff on all elements of technical support, as provided.
This bill would also make nonsubstantive changes.
Existing law establishes the K12 High-Speed Network (K12 HSN) for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing highspeed, highbandwidth Internet connectivity to the public schools. Existing law requires the Superintendent of Public Instruction to use a competitive grant process to select a local educational agency to serve as the Lead Education Agency to administer the K12 HSN on behalf of the Superintendent. Existing law requires the Superintendent to establish a K12 HSN advisory board composed of various members, including, among others, 3 school district superintendents. members. Existing law requires the K12 HSN advisory board to meet quarterly and to recommend policy direction and broad operational guidance to the Superintendent and the Lead Education Agency.
This bill would increase the number of school district superintendents on require the K12 HSN advisory board to 4. to, on or before January 1, 2017, identify strategies to address the lack of technical expertise at K12 public schools and to engage all relevant stakeholders to identify strategies to support public schools with, at a minimum, network designs, network implementation, and network maintenance.
This bill would also make nonsubstantive changes.
Existing law establishes the K12 High-Speed Network (K12 HSN) for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing highspeed, highbandwidth Internet connectivity to the public schools. Existing law requires the Superintendent of Public Instruction to use a competitive grant process to select a local educational agency to serve as the Lead Education Agency to administer the K12 HSN on behalf of the Superintendent. Existing law requires the Superintendent to establish a K12 HSN advisory board composed of various members, including, among others, 3 school district superintendents. Existing law requires the advisory board to meet quarterly and to recommend policy direction and broad operational guidance to the Superintendent and the Lead Education Agency.
This bill would increase the number of school district superintendents on the K12 HSN advisory board to 4.
This bill would also make nonsubstantive changes.
It is the intent of the Legislature that this act shall not affect any existing requirements imposed pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code.
SEC. 2.Section 1296 of the Education Code is amended to read:1296.(a)(1)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, each person who, after being employed for three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes shall be classified as and become a permanent employee of the county superintendent of schools.
(2)An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44929.21 applies. Sections 44842, 44929.21, 44948.3, and 44948.5 apply to these employees.
(3)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)(1)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, a highly effective certificated employee who, after being employed for three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes shall be classified as and become a permanent employee of the county superintendent of schools.
(2)An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44929.21 applies. Sections 44842, 44929.21, 44948.3, and 44948.5 apply to these employees.
(c)A certificated employee who is reelected to a third complete consecutive school year as described in subdivision (b) shall continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program pursuant to Section 44279.2. The employee is not required to continue other aspects of the California beginning teacher support and assessment program during his or her third year.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status by another county superintendent of schools and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee by the county superintendent of schools.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status by another county superintendent of schools to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The county superintendent of schools shall notify a certificated employee, on or before March 15 of the certificated employees third school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee, or not reelect the certificated employee for the next succeeding school year to this type of position. If the county superintendent of schools does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
(g)Subdivisions (b) to (f), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
(h)As used in this section, the following definitions shall apply:
(1)Highly effective certificated employee means a certificated employee who, in the view of the county superintendent of schools, demonstrates proficiency with the California Standards for the Teaching Profession.
(2)Teaching position means a certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status.
SEC. 3.Section 44270.1 of the Education Code is amended to read:44270.1.(a)The minimum requirements for the professional services credential with a specialization in administrative services shall include all of the following:
(1)Possession of a valid preliminary administrative services credential, as specified in Section 44270.
(2)A minimum of two years of successful experience in a full-time administrative position in a public school or private school of equivalent status, while holding the preliminary administrative services credential, as attested by the employing school district or agency, including, but not limited to, the department, in the case of state school administrators, and county offices of education, in the case of county school administrators.
(3)(A)Completion of a commission-approved program of advanced preparation. Each candidate, in consultation with employing school district personnel and university personnel, shall develop an individualized program of professional development activities for this advanced preparation program based upon individual needs. Each individualized program shall include university coursework and may include, nonuniversity activities or advanced administrative field experiences. The commission shall adopt standards and criteria for the university programs of advanced preparation and nonuniversity activities.
(B)Each individualized program shall include training on how to properly and effectively evaluate certificated employees.
(4)A credential candidate shall complete the individualized program pursuant to paragraph (3) during the first two years of experience in a full-time administrative position.
(b)The commission may, at the request of a credential candidate, grant a waiver, pursuant to subdivision (m) of Section 44225, of the requirement of university coursework upon its finding that the candidate, in consultation with personnel of the employing school district and personnel of the university, is not able to develop an individualized program of professional development for the advanced preparation program that meets the individual needs of the candidates.
SEC. 4.Article 4.7 (commencing with Section 44550) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:4.7.District-Designed Administrator Support Programs44550.Each school district is encouraged to create a one-year principal, vice principal, or assistant principal, as applicable, support program allowing a highly effective school administrator, as determined by the school district, to support a principal, vice principal, or assistant principal, as applicable, who has completed the individualized program for a professional services credential with a specialization in administrative services pursuant to subdivision (a) of Section 44270.1 and who is demonstrating unsatisfactory performance, as determined by the school district, to become proficient in the California Professional Standards for Educational Leaders.
44551.Each school district shall create a multiple-day administrator training program on how to evaluate teachers. The multiple-day administrator training program shall only be completed by principals, vice principals, or assistant principals, as applicable, who evaluate teachers.
SEC. 5.The heading of Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code is amended to read:13.Principal, Vice Principal, and Assistant Principal Evaluation SystemSEC. 6.Section 44670 of the Education Code is amended to read:44670.(a)The governing board of a school district may identify who will conduct the evaluation of each school principal, vice principal, and assistant principal, as applicable.
(b)Every school principal, vice principal, and assistant principal, as applicable, shall be evaluated annually for the first and second year of employment as a new principal, vice principal, or assistant principal, as applicable, in a school district. The governing board of the school district may determine the frequency of evaluations after this period.
(c)Additional evaluations that occur outside of the regular intervals determined by the governing board of the school district may be agreed upon between the evaluator and the principal, vice principal, or assistant principal, as applicable.
(d)Evaluators and principals, vice principals, or assistant principals, as applicable, may review school success and progress throughout the year. This review should include goals that are defined by the school district.
(e)The superintendent of a school district shall annually submit a report to the governing board of the school district outlining his or her plan for the evaluation and support of principals, vice principals, and assistant principals, as applicable, of the school district.
(f)It is the intent of the Legislature that every school principal, vice principal, and assistant principal, as applicable, shall be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders and are performing effective evaluations of teachers.
SEC. 7.Section 44671 of the Education Code is amended to read:44671.(a)Criteria for effective school principal, vice principal, or assistant principal, as applicable, evaluations shall be based upon the California Professional Standards for Educational Leaders. These standards identify a school administrator as being an educational leader who promotes the success of all pupils through leadership that fosters all of the following:
(1)A shared vision.
(2)Effective teaching and learning.
(3)Management and safety.
(4)Parent, family, and community involvement.
(5)Professional and ethical leadership.
(6)Contextual awareness.
(b)A school principal, vice principal, or assistant principal, as applicable, evaluation may include, but not be limited to, evidence of all of the following:
(1)Academic growth of pupils based on multiple measures that may include pupil work as well as pupil and school longitudinal data that demonstrates pupil academic growth over time. Assessments used for this purpose shall be valid and reliable and used for the purposes intended and for the appropriate pupil populations. Local and state academic assessments include, but are not limited to, state standardized assessments, formative, summative, benchmark, end of chapter, end of course, advanced placement, international baccalaureate, college entrance, and performance assessments. For career and technical education, authentic performance assessment is a strong indicator of effective teaching and learning.
(2)Effective and comprehensive teacher evaluations, including, but not limited to, curricular and management leadership, ongoing professional development, teacher-principal teamwork, and professional learning communities.
(3)Culturally responsive instructional strategies to address and eliminate the achievement gap.
(4)The ability to analyze quality instructional strategies and provide effective feedback that leads to instructional improvement.
(5)High expectations for all pupils and leadership to ensure active pupil engagement and learning.
(6)Collaborative professional practices for improving instructional strategies.
(7)Effective school management, including personnel and resource management, organizational leadership, sound fiscal practices, a safe campus environment, and appropriate pupil behavior.
(8) Meaningful self-assessment to improve as a professional educator. Self-assessment may include, but not be limited to, a self-assessment on state professional standards for educational leaders and the identification of areas of strengths and areas for professional growth to engage in activities to foster professional growth.
(9)Consistent and effective relationships with pupils, parents, teachers, staff, and other administrators.
SEC. 8.Section 44830.1 of the Education Code is amended to read:44830.1.(a)In addition to any other prohibition or provision, a person who has been convicted of a violent or serious felony shall not be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employees third probationary year. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter.
(b)This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony.
(c)(1)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(2)For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction.
(3)For purposes of this section, the term school district has the same meaning as defined in Section 41302.5.
(d)When the governing board of a school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the persons fingerprints together with a personal description and the fee, shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice.
(e)When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the Department of Justice.
(f)Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(g)Notwithstanding subdivision (f), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(h)Notwithstanding any other law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employees third probationary year has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement.
(i)An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(j)Notwithstanding Section 47610, this section applies to a charter school.
(k)This section shall not apply to a certificated employee who applies to renew his or her credential when both of the following conditions have been met:
(1)The employees original application for credential was accompanied by that persons fingerprints.
(2)The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of his or her credential or his or her credential has not expired between renewals.
(l)Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k).
(m)This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, 1997.
(n)All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure all of the following:
(1)A recipient shall not disclose its contents or provide copies of information.
(2)Information received shall be stored in a locked file separate from other files and shall only be accessible to the custodian of records.
(3)Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations.
(4)Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.
SEC. 9.Section 44885.5 of the Education Code is amended to read:44885.5.(a)(1)A school district shall classify a person who is employed as a district intern pursuant to Section 44830.3 and a person who has completed service in the school district as a district intern pursuant to subdivision (b) of Section 44325 and Section 44830.3 and is reelected for the succeeding school year, or the second succeeding school year, to a position requiring certification qualifications as a probationary employee of the school district.
(2)The governing board of a school district may dismiss or suspend employees classified as probationary employees for the first succeeding school year pursuant to this subdivision in accordance with the procedures specified in Section 44948 or 44948.3, as applicable.
(b)A highly effective certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed for the two succeeding school years as described in subdivision (a) shall, upon reelection for the third succeeding school year, to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(c)A certificated employee who is reelected to a second succeeding school year as described in subdivision (a) shall continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program pursuant to Section 44279.2. The employee is not required to continue other aspects of the California beginning teacher support and assessment program during his or her third year.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3, and who is further reelected and employed for a second succeeding school year as described in subdivision (a) shall, upon reelection for the third succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify a probationary employee, on or before March 15 of the employees second succeeding school year as described in subdivision (b), of the decision to reelect as a permanent employee, or not reelect the employee for the third succeeding school year. If the governing board of a school district does not give notice pursuant to this section on or before March 15, a probationary employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession or district-developed standards that align with the California Standards for the Teaching Profession. Proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) of Chapter 3 designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 10.Section 44901 of the Education Code is amended to read:44901.(a)(1)A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(2)Where there are two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(3)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)(1)A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(2)Where there are two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(3)The governing board of the school district shall notify the employee, on or before March 15 of the employees third complete consecutive school year of employment by the school districts in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position. If the governing board of the school district does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
(4)This subdivision shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 11.Section 44929.21 of the Education Code is amended to read:44929.21.(a)(1)Every employee of a school district of any type or class having an average daily attendance of 250 pupils or more who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(2)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)A highly effective certificated employee of a school district of any type or class having an average daily attendance of 250 pupils or more who, after having been employed by the school district for three complete consecutive school years, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(c)A certificated employee who is reelected to a third complete consecutive school year as described in subdivision (b) shall continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program pursuant to Section 44279.2. The employee is not required to continue other aspects of the California beginning teacher support and assessment program during his or her third year.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify a certificated employee, on or before March 15 of the certificated employees third school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee, or not reelect the certificated employee for the next succeeding school year to this type of position. If the governing board of a school district does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession or district-developed standards that align with the California Standards for the Teaching Profession. Proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) of Chapter 3 designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
(h)Subdivisions (b) to (g), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 12.Section 44929.23 of the Education Code is amended to read:44929.23.(a)The governing board of a school district of any type or class having an average daily attendance of fewer than 250 pupils may classify as a permanent employee of the school district an employee who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. If that classification is not made, the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made.
(b)Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district, if the governing board of the school district elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board of the school district thereafter shall classify as a permanent employee of the school district a probationary employee who, after being employed for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. A probationary employee who has been employed by the school district for three or more consecutive years on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the school district.
(c)If the classification is not made pursuant to subdivision (a) or (b), the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until the classification is made.
SEC. 13.SECTION 1.Section 3543.2 of the Government Code is amended to read:3543.2.(a)(1)The scope of representation shall be limited to matters relating to wages, hours of employment, and other terms and conditions of employment. Terms and conditions of employment mean health and welfare benefits as defined by Section 53200, leave, transfer and reassignment policies, safety conditions of employment, class size, procedures to be used for the evaluation of employees, organizational security pursuant to Section 3546, procedures for processing grievances pursuant to Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of probationary certificated school district employees, pursuant to Section 44959.5 of the Education Code, and alternative compensation or benefits for employees adversely affected by pension limitations pursuant to former Section 22316 of the Education Code, as that section read on December 31, 1999, to the extent deemed reasonable and without violating the intent and purposes of Section 415 of the Internal Revenue Code.
(2)A public school employer shall give reasonable written notice to the exclusive representative of the public school employers intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the public school employer regarding the proposed changes.
(3)The exclusive representative of certificated personnel has the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent those matters are within the discretion of the public school employer under the law.
(4)All matters not specifically enumerated are reserved to the public school employer and may not be a subject of meeting and negotiating, except that this section does not limit the right of the public school employer to consult with any employees or employee organization on any matter outside the scope of representation.
(b)Notwithstanding Section 44944 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding causes and procedures for disciplinary action, including, but not limited to, other than dismissal, including a suspension of pay for up to 15 days or dismissal, days, affecting certificated employees. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44944 of the Education Code shall apply.
(c)Notwithstanding subdivision (b) and Section 44944 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding procedures for disciplinary action, including dismissal, based solely on unprofessional conduct or unsatisfactory performance, or both, as provided in paragraphs (2) and (5) of subdivision (a) of Section 44932 of the Education Code, affecting certificated employees. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44944 of the Education Code shall apply.
(c)
(d)Notwithstanding Section 44955 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding procedures and criteria for the layoff of certificated employees for lack of funds. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44955 of the Education Code shall apply.
(d)
(e)Notwithstanding Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding the payment of additional compensation based upon criteria other than years of training and years of experience. If the public school employer and the exclusive representative do not reach mutual agreement, Section 45028 of the Education Code shall apply.
(e)
(f)Pursuant to Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon the request of either party, meet and negotiate a salary schedule based on criteria other than a uniform allowance for years of training and years of experience. If the public school employer and the exclusive representative do not reach mutual agreement, the provisions of Section 45028 of the Education Code requiring a salary schedule based upon a uniform allowance for years of training and years of experience shall apply. A salary schedule established pursuant to this subdivision shall not result in the reduction of the salary of a teacher.
SEC. 14.SEC. 2.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.
It is the intent of the Legislature that this act shall not affect any existing requirements imposed pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code.
SEC. 2.Section 1296 of the Education Code is amended to read:1296.(a)(1)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, each person who, after being employed for three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes shall be classified as and become a permanent employee of the county superintendent of schools.
(2)An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44929.21 applies. Sections 44842, 44929.21, 44948.3, and 44948.5 apply to these employees.
(3)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)(1)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, a highly effective certificated employee who, after being employed for three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes shall be classified as and become a permanent employee of the county superintendent of schools.
(2)An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44929.21 applies. Sections 44842, 44929.21, 44948.3, and 44948.5 apply to these employees.
(c)(1)Notwithstanding subdivision (b), the county superintendent of schools may require a certificated employee, who after having been employed by the county superintendent of schools for three complete consecutive school years and who is further reelected and employed during the succeeding school year, to continue to be classified as a probationary employee for a fourth year.
(2)
(c)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a third complete consecutive school year as described in subdivision (b) shall, if the county office of education participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2, participate in the program. shall continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program pursuant to Section 44279.2. The employee is not required to continue other aspects of the California beginning teacher support and assessment program during his or her third year.
(3)Notwithstanding any other law, a third- or fourth-year probationary employee shall not be released or dismissed without cause and may appeal release or dismissal to the county board of education.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators, including an administrator from a schoolsite other than the schoolsite at which the employee is on probation, and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the county superintendent of schools regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed for cause or shall be retained for a fourth year as a probationary employee after one year of the support program.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status by another county superintendent of schools and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee by the county superintendent of schools.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status by another county superintendent of schools to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The county superintendent of schools shall notify a certificated employee, on or before March 15 of the certificated employees third school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of position. The county superintendent of schools shall notify a certificated employee, on or before March 15 of the certificated employees fourth school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee or not reelect the certificated employee for the next succeeding school year to this type of position. If the county superintendent of schools does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
(g)Subdivisions (b) to (f), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
(h)As used in this section, the following definitions shall apply:
(1)Highly effective certificated employee means a certificated employee who, in the view of the county superintendent of schools, demonstrates proficiency with the California Standards for the Teaching Profession.
(2)Teaching position means a certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status.
SEC. 3.Section 44270 of the Education Code is amended to read:44270.(a)The minimum requirements for the preliminary services credential with a specialization in administrative services shall include all of the following:
(1)Possession of one of the following:
(A)A valid teaching credential requiring the possession of a baccalaureate degree and a professional preparation program including student teaching.
(B)A valid designated subjects career technical education, adult education, or special subjects teaching credential, as specified in Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided the candidate also possesses a baccalaureate degree.
(C)A valid services credential with a specialization in pupil personnel, health, or clinical or rehabilitative services, as specified in Section 44266, 44267, 44267.5, or 44268, or a valid services credential authorizing service as a teacher librarian, as specified in Section 44269.
(D)A valid credential issued under the laws, rules, and regulations in effect on or before December 31, 1971, which authorizes the same areas as in subparagraphs (B) and (C).
(2)Completion of any of the following:
(A)Five years of successful, full-time classroom teaching experience in the public schools, including, but not limited to, service in state- or county-operated schools, or in private schools of equivalent status.
(B)Five years of experience in the fields of pupil personnel, health, clinical or rehabilitative, or librarian services.
(C)A combination of the types of experience described in subparagraphs (A) and (B) equal to five years, counting concurrent experiences only once.
(3)Completion of an entry-level program of specialized and professional preparation in administrative services approved by the commission or a one-year internship in a program of supervised training in administrative services, approved by the commission as satisfying the requirements for the preliminary services credential with a specialization in administrative services.
(4)Current employment in an administrative position after completion of professional preparation as described in paragraph (3), whether full or part time, in a public school or private school of equivalent status. The commission shall encourage school districts to consider the recency of preparation or professional growth in school administration as one of the criteria for employment.
(b)The preliminary administrative services credential shall be valid for a period of five years from the date of initial employment in an administrative position, whether full or part time, and shall not be renewable.
(c)A candidate who completed, by September 30, 1984, the requirements for the administrative services credential in effect on June 30, 1982, is eligible for the credential authorized under those requirements. All other candidates shall satisfy the requirements set forth in this section.
SEC. 4.SEC. 3.Section 44270.1 of the Education Code is amended to read:44270.1.(a)The minimum requirements for the professional services credential with a specialization in administrative services shall include all of the following:
(1)Possession of a valid preliminary administrative services credential, as specified in Section 44270.
(2)A minimum of two years of successful experience in a full-time administrative position in a public school or private school of equivalent status, while holding the preliminary administrative services credential, as attested by the employing school district or agency, including, but not limited to, the department, in the case of state school administrators, and county offices of education, in the case of county school administrators.
(3)(A)Completion of a commission-approved program of advanced preparation. Each candidate, in consultation with employing school district personnel and university personnel, shall develop an individualized program of professional development activities for this advanced preparation program based upon individual needs. Each individualized program shall include university coursework and may include, nonuniversity activities or advanced administrative field experiences. The commission shall adopt standards and criteria for the university programs of advanced preparation and nonuniversity activities.
(B)Each individualized program shall include training on how to properly and effectively evaluate certificated employees.
(4)A credential candidate shall complete the individualized program pursuant to paragraph (3) during the first two years of experience in a full-time administrative position.
(b)The commission may, at the request of a credential candidate, grant a waiver, pursuant to subdivision (m) of Section 44225, of the requirement of university coursework upon its finding that the candidate, in consultation with personnel of the employing school district and personnel of the university, is not able to develop an individualized program of professional development for the advanced preparation program that meets the individual needs of the candidates.
SEC. 5.Article 4.6 (commencing with Section 44520) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:4.6.District-Designed Teacher Support Programs44520.(a)Each school district shall create, in accordance with subdivision (f) of Section 3543.2 of the Government Code, if applicable, a two-year teacher support program allowing a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession in order to become a highly effective certificated employee.
(b)For purposes of this section, the following terms have the following meanings:
(1)A highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession or district-developed standards that align with the California Standards for the Teaching Profession. Proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(2)An employee demonstrating unsatisfactory performance means a certificated employee who, in the view of the governing board of the school district, does not demonstrate proficiency with the California Standards for the Teaching Profession or district-developed standards that align with the California Standards for the Teaching Profession. This lack of proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) designating the certificated employee in the lowest category that the school district has established pursuant to subdivision (c) of Section 44664.
SEC. 6.SEC. 4.Article 4.7 (commencing with Section 44550) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:4.7.District-Designed Administrator Support Programs44550.Each school district is encouraged to create a one-year principal or vice principal principal, vice principal, or assistant principal, as applicable, support program allowing a highly effective school administrator, as determined by the school district, to support a principal or vice principal principal, vice principal, or assistant principal, as applicable, who has completed the individualized program for a professional services credential with a specialization in administrative services pursuant to subdivision (a) of Section 44270.1 and who is demonstrating unsatisfactory performance, as determined by the school district, to become proficient in the California Professional Standards for Educational Leaders.
44551.(a)Each school district shall create a multiple-day principal and vice principal administrator training program on how to evaluate teachers. The multiple-day administrator training program shall only be completed by principals, vice principals, or assistant principals, as applicable, who evaluate teachers.
(b)An administrator who has received the professional services credential with a specialization in administrative services and who is demonstrating unsatisfactory performance, as determined by the school district, shall participate in the multiple-day principal and vice principal training program.
SEC. 7.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 et seq.), as defined in 20 U.S.C. Sec. 7801, 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. If a certificated 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. The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees 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 while the employee is in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) or a district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520) until the employee achieves a positive evaluation or is separated from the school district. Evaluation performed pursuant to this article during the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) shall include the participation of an administrator from a school district other than the school district employing the certificated employee.
(c)A school district shall establish at least four categories of performance for certificated employees. At least two of these categories shall designate performance at a satisfactory level or greater. At least two of these categories shall designate performance below a satisfactory level.
(d)(1)A certificated employee who receives an evaluation performed pursuant to this article in the lowest category of performance in the area of teaching methods or instruction shall participate in a program designed to improve appropriate areas of the employees 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 a rating in the lowest category of performance on an evaluation performed pursuant to this section shall participate in the California Peer Assistance and Review Program for Teachers.
(3)If a school district does not participate 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 a rating in the lowest category of performance on an evaluation performed pursuant to this section shall participate in a district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520).
(e)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 of the school district.
(f)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 8.SEC. 5.The heading of Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code is amended to read:13.Principal and Vice Principal Principal, Vice Principal, and Assistant Principal Evaluation SystemSEC. 9.SEC. 6.Section 44670 of the Education Code is amended to read:44670.(a)The governing board of a school district may identify who will conduct the evaluation of each school principal and vice principal. principal, vice principal, and assistant principal, as applicable.
(b)Every school principal and vice principal principal, vice principal, and assistant principal, as applicable, shall be evaluated annually for the first and second year of employment as a new principal or vice principal principal, vice principal, or assistant principal, as applicable, in a school district. The governing board of the school district may determine the frequency of evaluations after this period, which shall include evaluations at regular intervals. period.
(c)Additional evaluations that occur outside of the regular intervals determined by the governing board of the school district may be agreed upon between the evaluator and the principal or vice principal. principal, vice principal, or assistant principal, as applicable.
(d)Evaluators and principals or vice principals principals, vice principals, or assistant principals, as applicable, may review school success and progress throughout the year. This review should include goals that are defined by the school district.
(e)The superintendent of a school district shall annually provide reports on the evaluation of principals and vice principals or of the school district superintendents decision not to evaluate principals and vice principals submit a report to the governing board of the school district. district outlining his or her plan for the evaluation and support of principals, vice principals, and assistant principals, as applicable, of the school district.
(f)It is the intent of the Legislature that every school principal and vice principal principal, vice principal, and assistant principal, as applicable, shall be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders and are performing effective evaluations of teachers.
SEC. 10.SEC. 7.Section 44671 of the Education Code is amended to read:44671.(a)Criteria for effective school principal or vice principal principal, vice principal, or assistant principal, as applicable, evaluations shall be based upon the California Professional Standards for Educational Leaders. These standards identify a school administrator as being an educational leader who promotes the success of all pupils through leadership that fosters all of the following:
(1)A shared vision.
(2)Effective teaching and learning.
(3)Management and safety.
(4)Parent, family, and community involvement.
(5)Professional and ethical leadership.
(6)Contextual awareness.
(b)A school principal or vice principal principal, vice principal, or assistant principal, as applicable, evaluation may include, but not be limited to, evidence of all of the following:
(1)Academic growth of pupils based on multiple measures that may include pupil work as well as pupil and school longitudinal data that demonstrates pupil academic growth over time. Assessments used for this purpose shall be valid and reliable and used for the purposes intended and for the appropriate pupil populations. Local and state academic assessments include, but are not limited to, state standardized assessments, formative, summative, benchmark, end of chapter, end of course, advanced placement, international baccalaureate, college entrance, and performance assessments. For career and technical education, authentic performance assessment is a strong indicator of effective teaching and learning.
(2)Effective and comprehensive teacher evaluations, including, but not limited to, curricular and management leadership, ongoing professional development, teacher-principal teamwork, and professional learning communities.
(3)Culturally responsive instructional strategies to address and eliminate the achievement gap.
(4)The ability to analyze quality instructional strategies and provide effective feedback that leads to instructional improvement.
(5)High expectations for all pupils and leadership to ensure active pupil engagement and learning.
(6)Collaborative professional practices for improving instructional strategies.
(7)Effective school management, including personnel and resource management, organizational leadership, sound fiscal practices, a safe campus environment, and appropriate pupil behavior.
(8) Meaningful self-assessment to improve as a professional educator. Self-assessment may include, but not be limited to, a self-assessment on state professional standards for educational leaders and the identification of areas of strengths and areas for professional growth to engage in activities to foster professional growth.
(9)Consistent and effective relationships with pupils, parents, teachers, staff, and other administrators.
SEC. 11.SEC. 8.Section 44830.1 of the Education Code is amended to read:44830.1.(a)In addition to any other prohibition or provision, a person who has been convicted of a violent or serious felony shall not be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employees third probationary year. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter.
(b)This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony.
(c)(1)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(2)For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction.
(3)For purposes of this section, the term school district has the same meaning as defined in Section 41302.5.
(d)When the governing board of a school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the persons fingerprints together with a personal description and the fee, shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice.
(e)When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the Department of Justice.
(f)Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(g)Notwithstanding subdivision (f), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(h)Notwithstanding any other law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employees third probationary year has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement.
(i)An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(j)Notwithstanding Section 47610, this section applies to a charter school.
(k)This section shall not apply to a certificated employee who applies to renew his or her credential when both of the following conditions have been met:
(1)The employees original application for credential was accompanied by that persons fingerprints.
(2)The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of his or her credential or his or her credential has not expired between renewals.
(l)Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k).
(m)This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, 1997.
(n)All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure all of the following:
(1)A recipient shall not disclose its contents or provide copies of information.
(2)Information received shall be stored in a locked file separate from other files and shall only be accessible to the custodian of records.
(3)Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations.
(4)Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.
SEC. 12.SEC. 9.Section 44885.5 of the Education Code is amended to read:44885.5.(a)(1)A school district shall classify a person who is employed as a district intern pursuant to Section 44830.3 and a person who has completed service in the school district as a district intern pursuant to subdivision (b) of Section 44325 and Section 44830.3 and is reelected for the next two succeeding school years year, or the second succeeding school year, to a position requiring certification qualifications as a probationary employee of the school district.
(2)The governing board of a school district may dismiss or suspend employees classified as probationary employees for the first succeeding school year pursuant to this subdivision in accordance with the procedures specified in Section 44948 or 44948.3, as applicable.
(b)A highly effective certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed for the two succeeding school years as described in subdivision (a) shall, upon reelection for the next third succeeding school year, to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(c)(1)Notwithstanding subdivision (b), the governing board of a school district may require a certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed as described in subdivision (a) to continue to be classified as a probationary employee for a fourth year.
(2)
(c)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a second succeeding school year as described in subdivision (a) shall participate in either the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520) of Chapter 3. continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program pursuant to Section 44279.2. The employee is not required to continue other aspects of the California beginning teacher support and assessment program during his or her third year.
(3)Notwithstanding any other law, a third- or fourth-year probationary employee shall not be released or dismissed without cause and may appeal release or dismissal to the governing board of the school district.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators, including an administrator from a schoolsite other than the schoolsite at which the employee is on probation, and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the governing board of the school district regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed for cause or shall be retained for a fourth year as a probationary employee after one year of the support program.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3, and who is further reelected and employed for a second succeeding school year as described in subdivision (a) shall, upon reelection for the next third succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify the certificated a probationary employee, on or before March 15 of the certificated employees third second succeeding school year of probationary employment in a position requiring certification qualifications as described in subdivision (b), of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next third succeeding school year to this type of position. The governing board of a school district shall notify the certificated employee, on or before March 15 of the certificated employees fourth school year of probationary employment in a position requiring certification qualifications as described in subdivision (b), of the decision to reelect as a permanent employee or not reelect the certificated employee for the next succeeding school year to this type of position. year. If the governing board of a school district does not give notice pursuant to this section on or before March 15, a certificated probationary employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession or district-developed standards that align with the California Standards for the Teaching Profession. Proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) of Chapter 3 designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 13.SEC. 10.Section 44901 of the Education Code is amended to read:44901.(a)(1)A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(2)Where there are two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(3)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)(1)A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(2)Where there are two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(3)The governing board of the school district shall notify the employee, on or before March 15 of the employees third complete consecutive school year of employment by the school districts in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position. If the governing board of the school district does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
(4)This subdivision shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 14.SEC. 11.Section 44929.21 of the Education Code is amended to read:44929.21.(a)(1)Every employee of a school district of any type or class having an average daily attendance of 250 pupils or more who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(2)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)A highly effective certificated employee of a school district of any type or class having an average daily attendance of 250 pupils or more who, after having been employed by the school district for three complete consecutive school years, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(c)(1)Notwithstanding subdivision (b), the governing board of a school district may require a certificated employee who, after having been employed by the school district for three complete consecutive school years and who is further reelected and employed during the succeeding school year, to continue to be classified as a probationary employee for a fourth year.
(2)
(c)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a third complete consecutive school year as described in subdivision (b) shall participate in either the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520) of Chapter 3. continue to participate in the mentoring relationships with the support and professional development providers initiated during the California beginning teacher support and assessment program pursuant to Section 44279.2. The employee is not required to continue other aspects of the California beginning teacher support and assessment program during his or her third year.
(3)Notwithstanding any other law, a third- or fourth-year probationary employee shall not be released or dismissed without cause and may appeal release or dismissal to the governing board of the school district.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators, including an administrator from a schoolsite other than the schoolsite at which the employee is on probation, and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the governing board of the school district regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed for cause or shall be retained for a fourth year as a probationary employee after one year of the support program.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify a certificated employee, on or before March 15 of the certificated employees third school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of position. The governing board of a school district shall notify a certificated employee, on or before March 15 of the certificated employees fourth school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee or not reelect the certificated employee for the next succeeding school year to this type of position. If the governing board of a school district does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession or district-developed standards that align with the California Standards for the Teaching Profession. Proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) of Chapter 3 designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
(h)Subdivisions (b) to (g), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 15.SEC. 12.Section 44929.23 of the Education Code is amended to read:44929.23.(a)The governing board of a school district of any type or class having an average daily attendance of fewer than 250 pupils may classify as a permanent employee of the school district an employee who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. If that classification is not made, the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made.
(b)Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district, if the governing board of the school district elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board of the school district thereafter shall classify as a permanent employee of the school district a probationary employee who, after being employed for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications, unless the governing board of the school district requires the employee to continue to be classified as a probationary employee for a fourth year pursuant to Section 44929.21. qualifications. A probationary employee who has been employed by the school district for three or more consecutive years on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the school district.
(c)If the classification is not made pursuant to subdivision (a) or (b), the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until the classification is made.
SEC. 16.Section 44934 of the Education Code is amended to read:44934.(a)This section shall apply to dismissal or suspension proceedings based on charges as specified in Section 44932 or 44933, including proceedings based on charges of egregious misconduct in combination with other charges, except this section shall not apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932. Section 44934.1 shall apply to dismissal or suspension proceedings based solely on charges of egregious misconduct described in paragraph (1) of subdivision (a) of Section 44932. Section 44934.2 shall apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932.
(b)Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of the school district, or upon a written statement of charges formulated by the governing board of the school district, charging that there exists cause, as specified in Section 44932 or 44933, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. Suspension proceedings may be initiated pursuant to this section only if the governing board of the school district has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
(c)Any written statement of charges shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each charge.
(d)If the governing board of the school district has given notice to a certificated employee of its intention to dismiss or suspend him or her, based upon written charges filed or formulated pursuant to this section, the charges may be amended less than 90 days before the hearing on the charges only upon a showing of good cause. If a motion to amend charges is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to the amended charges.
(e)A notice of the governing board of the school district to an employee of its intention to dismiss or suspend him or her, together with written charges filed or formulated pursuant to this section, shall be sufficient to initiate a hearing under Section 11503 of the Government Code, and the governing board of the school district shall not be required to file or serve a separate accusation.
(f)This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of fewer than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3542.2 of the Government Code except that Section 44934.2, and not this section, shall apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932.
SEC. 17.Section 44934.2 is added to the Education Code, to read:44934.2.(a)This section shall apply only to dismissal or suspension proceedings based solely on charges of unsatisfactory performance, as described in paragraph (5) of subdivision (a) of Section 44932.
(b)Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district charging that there exists cause, as specified in paragraph (5) of subdivision (a) of Section 44932, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands an arbitration hearing pursuant to Section 44944.2.
(c)Any written statement of charges of unsatisfactory performance shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. The written statement of charges shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each occasion of alleged unsatisfactory performance.
(d)This section shall also apply to the suspension of probationary employees based solely on charges of unsatisfactory performance, as described in paragraph (5) of subdivision (a) of Section 44932 in a school district with an average daily attendance of fewer than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
SEC. 18.Section 44937 of the Education Code is amended to read:44937.In a dismissal or suspension proceeding initiated pursuant to Section 44934, 44934.1, or 44934.2, if the certificated employee does not demand a hearing by filing a written request for hearing with the governing board of the school district, he or she may be dismissed or suspended without pay for a specific period of time at the expiration of the 30-day period.
SEC. 19.Section 44938 of the Education Code is amended to read:44938.(a)The governing board of a school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days before the date of the filing, the governing board of the school district or its authorized representative has given the employee against whom the charge is filed written notice of the unprofessional conduct, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee.
(b)The governing board of a school district shall not act upon any charges of unsatisfactory performance unless the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520) of Chapter 3 during the previous two years or, if the school district has established such a program, a one-year district-designed administrator support program established pursuant to Article 4.7 (commencing with Section 44550) of Chapter 3 during the previous year.
(c)(1)Unsatisfactory performance as used in this section means, and refers only to, the unsatisfactory performance particularly specified as a cause for dismissal in Section 44932 and does not include any other cause for dismissal specified in Section 44932.
(2)Unprofessional conduct as used in this section means, and refers to, the unprofessional conduct particularly specified as a cause for dismissal or suspension in Sections 44932 and 44933 and does not include any other cause for dismissal specified in Section 44932.
SEC. 20.Section 44943 of the Education Code is amended to read:44943.When any employee who has been served with notice pursuant to Section 44934, 44934.1, or 44934.2 of the governing board of the school districts intention to dismiss or suspend him or her demands a hearing, the governing board of the school district shall have the option either (a) to rescind its action, or (b) schedule a hearing on the matter.
SEC. 21.Section 44944.05 of the Education Code is amended to read:44944.05.(a)In a dismissal or suspension proceeding initiated pursuant to Section 44934, in lieu of written discovery required pursuant to Section 11507.6 of the Government Code, the parties shall make disclosures as described in this section. This section does not apply to dismissal or suspension proceedings initiated pursuant to Section 44934.1 or 44934.2.
(b)(1)An initial disclosure shall comply with the following requirements:
(A)A party shall, without awaiting a discovery request, provide to the other parties both of the following:
(i)The name and, if known, the address and telephone number of each individual likely to have discoverable information, along with the subjects of information relating to the allegations made in the charges and the parties claims and defenses, unless the use would be solely for impeachment purposes.
(ii)A copy of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control relating to the allegations made in the charges and the parties claims or defenses, unless the use would be solely for impeachment.
(B)The school district and the employee shall make their initial disclosures within 45 days of the date of the employees demand for a hearing.
(C)A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another partys disclosures. A partys failure to make initial disclosures within the deadlines set forth in this section shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(D)A party has an obligation to promptly supplement its initial disclosures as new information or evidence becomes known or available. Supplemental disclosures shall be made as soon as possible, and no later than 60 days before the date of commencement of the hearing. A partys failure to make supplemental disclosures promptly upon discovery or availability of new information or evidence shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(2)The disclosure of expert testimony shall comply with the following requirements:
(A)A party shall also disclose to the other parties the identities of any expert witnesses whose testimony it may use at the hearing.
(B)The disclosure specified in subparagraph (A) shall be accompanied by a summary of the witness expected testimony, including a description of the facts and data considered by the witness; a description of the witness qualifications, including a list of all publications authored in the previous 10 years; a list of all other cases in which, during the previous four years, the witness testified as an expert at a hearing or by deposition; and a statement of the compensation to be paid to the expert witness.
(C)Expert witness disclosures shall be made no later than 60 days before the date of commencement of the hearing. A partys failure to make full and timely expert witness disclosures shall preclude the partys use of the expert witness testimony or evidence at the hearing.
(3)Prehearing disclosures shall comply with the following requirements:
(A)In addition to the disclosures required in paragraphs (1) and (2), a party shall provide to the other parties the following information about the evidence that it may present at the hearing:
(i)The name, and, if not previously provided, the address and telephone number of each witness, separately identifying those the party expects to present and those it may call if the need arises.
(ii)An identification of each exhibit, separately identifying those items the party expects to offer and those it may offer if the need arises.
(B)Prehearing disclosures shall be made at least 30 days before the hearing.
(i)Within 14 days after prehearing disclosures are made, a party shall file and serve any objections, along with the grounds for each objection, to the admissibility of evidence.
(ii)These objections shall be decided on the first day of the hearing, or at a prehearing conference conducted pursuant to Section 11511.5 of the Government Code. Documents and individuals not timely disclosed without good cause shall be precluded from admission at the hearing.
(c)In addition to the disclosures required by subdivision (a), the parties may obtain discovery by oral deposition in California, in accordance with Sections 2025.010 to 2025.620, inclusive, of the Code of Civil Procedure, except as described in this article. The school district may take the depositions of the employee and no more than four other witnesses, and the employee may take depositions of no more than five witnesses. Each witness deposition is limited to seven hours. An administrative law judge may allow the parties to conduct additional depositions only upon a showing of good cause. If a motion to conduct additional depositions is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to new evidence introduced as a result of the additional depositions. An order granting a motion for additional depositions shall not constitute an extraordinary circumstance or good cause for purposes of extending the deadlines set forth in paragraph (1) of subdivision (b) of Section 44944.
(d)If the right to disclosures or oral depositions is denied by either the employee or the governing board of a school district, the exclusive right of a party seeking an order compelling production of discovery shall be pursuant to Section 11507.7 of the Government Code. If a party seeks protection from unreasonable or oppressive discovery demands, the exclusive right of a party seeking an order for protection shall be pursuant to Section 11450.30 of the Government Code.
SEC. 22.Section 44944.2 is added to the Education Code, to read:44944.2.(a)This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.2.
(b)Any permanent certificated employee who has received notice of a school districts intention to suspend or dismiss the certificated employee based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932 may file a written request for arbitration to the school district within 14 days after receipt of a copy of the written charges by filing a written answer to the charges.
(c)(1)Within 14 days of receipt of the request for arbitration, the school district shall schedule a meeting with the certificated employee to identify an arbitrator and set an arbitration date.
(2)The meeting shall occur at a location and time mutually convenient for the certificated employee and the school district. The certificated employee shall have the right to appear with a representative of the certificated employees collective bargaining unit, counsel, or both.
(3)At the meeting, the certificated employee and the school district shall agree upon an arbitrator, selected from the list of arbitrators maintained by the American Arbitration Association, and a time and place for an arbitration hearing. The hearing shall be scheduled for no fewer than 21 days and no more than 37 days after the scheduling meeting.
(4)A party shall, without awaiting a discovery request, provide to the other parties both of the following:
(A)The name and, if known, the address and telephone number of each individual likely to have discoverable information, along with the subjects of information relating to the allegations made in the charges and the parties claims and defenses, unless the use would be solely for impeachment purposes.
(B)A copy of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control relating to the allegations made in the charges and the parties claims or defenses, unless the use would be solely for impeachment.
(5)The school district and the certificated employee shall make their initial disclosures within 14 days of the date of the scheduled meeting.
(6)A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another partys disclosures. A partys failure to make initial disclosures within the deadlines set forth in this section shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(d)(1)At the arbitration hearing, the certificated employee shall have the right to appear with a representative of the certificated employees collective bargaining unit, counsel, or both.
(2)The scope of the arbitration hearing shall be limited to both of the following:
(A)The process the school district used in evaluating the certificated employee, including, but not limited to, whether the school districts evaluation conformed with Article 11 (commencing with Section 44660) of Chapter 3.
(B)The charges brought against the certificated employee.
(e)The arbitrator shall issue a decision as to whether or not the certificated employee should be dismissed or suspended within 60 days of the arbitration hearing. The decision of the arbitrator shall be binding and not appealable.
(f)(1)If the arbitrator determines that the certificated employee should be dismissed or suspended, the governing board of the school district and the state shall share equally the expenses of the arbitration. The state shall pay the reasonable expenses of the arbitrator, including, but not limited to, payments or obligations incurred for travel, meals, and lodging. The Controller shall pay all claims submitted pursuant to this paragraph from the General Fund, and may prescribe reasonable rules, regulations, and forms for the submission of the claims. The certificated employee and the governing board of the school district shall pay their own attorneys fees.
(2)If the arbitrator determines that the certificated employee should not be dismissed or suspended, the governing board of the school district shall pay the expenses of the hearing, including the reasonable expenses of the arbitrator, including, but not limited to, payments or obligations incurred for travel, meals, and lodging and reasonable attorneys fees incurred by the certificated employee.
SEC. 23.Section 44945 of the Education Code is amended to read:44945.(a)The decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 may, on petition of either the governing board of the school district or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by a hearing officer under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law.
(b)This section shall not apply to a decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934.2.
SEC. 24.Section 44955 of the Education Code is amended to read:44955.(a)A permanent employee shall not be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, and a probationary employee shall not be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive.
(b)(1)If in a school year the average daily attendance in all of the schools of a school district for the first six months that school is in session shall have declined below the corresponding period of either of the previous two school years, if the governing board of the school district determines that attendance in a school district will decline in the following year as a result of the termination of an interdistrict tuition agreement as described in Section 46304, if a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or if the amendment of state law requires the modification of curriculum, and if the governing board of the school district determines it necessary by reason of any of these conditions to decrease the number of permanent employees in the school district, the governing board of the school district may terminate the services of not more than a corresponding percentage of the certificated employees of the school district, permanent as well as probationary, at the close of the school year.
(2)In computing a decline in average daily attendance for purposes of this section for a newly formed or reorganized school district, each school of the school district shall be deemed to have been a school of the newly formed or reorganized school district for both of the two previous school years.
(3)A school district shall not use teacher salary as a factor in determining who is terminated.
(4)The governing board of a school district shall terminate certificated employees in the following order:
(A)Probationary employees who have received an evaluation of performance in the lowest category, as established pursuant to subdivision (c) of Section 44664 on at least one of the two most recent evaluations.
(B)Permanent employees who have received two consecutive evaluations of performance in the lowest category, as established pursuant to subdivision (c) of Section 44664 on the two most recent evaluations.
(C)Probationary employees who have not received an evaluation of performance in the lowest category, as established pursuant to subdivision (c) of Section 44664 on either of the two most recent evaluations.
(D)Permanent employees who have not received two consecutive evaluations of performance in the lowest category on the two most recent evaluations, beginning with permanent employees in the lowest category and proceeding to permanent employees in the highest category, as determined by each permanent employees highest evaluated category on either of the two most recent evaluations, as established pursuant to subdivision (c) of Section 44664.
(E)As between employees in the same designation pursuant to subparagraphs (A) to (C), inclusive, or subdesignation pursuant to subparagraph (D), the governing board of the school district shall determine the order of termination solely on the basis of who first rendered paid service to the school district, with the least senior employee being dismissed first. As between employees in the same designation pursuant to subparagraphs (A) to (C), inclusive, or subdesignation pursuant to subparagraph (D), who first rendered paid service to the school district on the same date, and demonstrate equivalent teacher effectiveness, the governing board of the school district shall determine the order of termination solely on the basis of needs of the school district and the pupils of the school district. Upon the request of an employee whose order of termination is so determined, the governing board of the school district shall furnish in writing, no later than five days before the commencement of the hearing held in accordance with Section 44949, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to the other employees in the group. The requirement that the governing board of a school district provide, on request, a written statement of reasons for determining the order of termination shall not be interpreted to give affected employees any legal right or interest that would not exist without the requirement.
(c)(1)Notice of the termination of services shall be given before the 15th of May in the manner prescribed in Section 44949. If a permanent or probationary employee is not given notice and a right to a hearing as provided for in Section 44949, he or she shall be deemed reemployed for the ensuing school year.
(2)The governing board of a school district shall make assignments and reassignments in a manner that employees shall be retained to render any service their seniority, qualifications, and effectiveness entitle them to render. However, before assigning or reassigning a certificated employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or that is not within the employees major area of postsecondary study or the equivalent thereof, the governing board of the school district shall require the employee to pass a subject matter competency test in the appropriate subject.
(d)Notwithstanding subdivisions (b) and (c), a school district may deviate from terminating a certificated employee in order described in subdivision (b) for either of the following reasons:
(1)The school district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services, that others with a higher ranking on the order established pursuant to paragraph (4) of subdivision (b) do not possess.
(2)For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.
(e)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 25.SEC. 13.Section 3543.2 of the Government Code is amended to read:3543.2.(a)(1)The scope of representation shall be limited to matters relating to wages, hours of employment, and other terms and conditions of employment. Terms and conditions of employment mean health and welfare benefits as defined by Section 53200, leave, transfer and reassignment policies, safety conditions of employment, class size, procedures to be used for the evaluation of employees, organizational security pursuant to Section 3546, procedures for processing grievances pursuant to Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of probationary certificated school district employees, pursuant to Section 44959.5 of the Education Code, and alternative compensation or benefits for employees adversely affected by pension limitations pursuant to former Section 22316 of the Education Code, as that section read on December 31, 1999, to the extent deemed reasonable and without violating the intent and purposes of Section 415 of the Internal Revenue Code.
(2)A public school employer shall give reasonable written notice to the exclusive representative of the public school employers intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the public school employer regarding the proposed changes.
(3)The exclusive representative of certificated personnel has the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent those matters are within the discretion of the public school employer under the law.
(4)All matters not specifically enumerated are reserved to the public school employer and may not be a subject of meeting and negotiating, except that this section does not limit the right of the public school employer to consult with any employees or employee organization on any matter outside the scope of representation.
(b)Notwithstanding Section 44944 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding causes and procedures for disciplinary action, other than dismissal, including including, but not limited to, a suspension of pay for up to 15 days, days or dismissal, affecting certificated employees. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44944 of the Education Code shall apply.
(c)Notwithstanding Section 44955 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding procedures and criteria for the layoff of certificated employees for lack of funds. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44955 of the Education Code shall apply.
(d)Notwithstanding Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding the payment of additional compensation based upon criteria other than years of training and years of experience. If the public school employer and the exclusive representative do not reach mutual agreement, Section 45028 of the Education Code shall apply.
(e)Pursuant to Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon the request of either party, meet and negotiate a salary schedule based on criteria other than a uniform allowance for years of training and years of experience. If the public school employer and the exclusive representative do not reach mutual agreement, the provisions of Section 45028 of the Education Code requiring a salary schedule based upon a uniform allowance for years of training and years of experience shall apply. A salary schedule established pursuant to this subdivision shall not result in the reduction of the salary of a teacher.
(f)Notwithstanding Article 4.6 (commencing with Section 44520) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding the creation of a two-year teacher support program. If the public school employer and the exclusive representative do not reach mutual agreement, Article 4.6 (commencing with Section 44520) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code shall apply.
SEC. 26.SEC. 14.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.
It is the intent of the Legislature that this act shall not affect any existing requirements imposed pursuant to Article 11 (commencing with Section 44660) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code.
SECTION 1.SEC. 2.Section 1296 of the Education Code is amended to read:1296.(a)(1)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, each person who, after being employed for three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes shall be classified as and become a permanent employee of the county superintendent of schools.
(2)An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44929.21 applies. Sections 44842, 44929.21, 44948.3, and 44948.5 apply to these employees.
(3)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)(1)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, a highly effective certificated employee who, after being employed for three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes shall be classified as and become a permanent employee of the county superintendent of schools.
(2)An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44929.21 applies. Sections 44842, 44929.21, 44948.3, and 44948.5 apply to these employees.
(c)(1)Notwithstanding subdivision (b), the county superintendent of schools may require a certificated employee, who after having been employed by the county superintendent of schools for three complete consecutive school years and who is further reelected and employed during the succeeding school year, to continue to be classified as a probationary employee for a fourth year.
(2)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a third complete consecutive school year as described in subdivision (b) shall, if the county office of education participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2, participate in the program.
(3)Notwithstanding any other law, a third- or fourth-year probationary employee has the due process and appeal rights of a permanent employee pursuant to Sections 44934 to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive. shall not be released or dismissed without cause and may appeal release or dismissal to the county board of education.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators administrators, including an administrator from a schoolsite other than the schoolsite at which the employee is on probation, and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the county superintendent of schools regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed for cause or shall be retained for a fourth year as a probationary employee after one year of the support program at the discretion of the county superintendent of schools. program.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status by another county superintendent of schools and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee by the county superintendent of schools.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status by another county superintendent of schools to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The county superintendent of schools shall notify a certificated employee, on or before March 15 of the certificated employees third and fourth school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of position. The county superintendent of schools shall notify a certificated employee, on or before March 15 of the certificated employees fourth school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee or not reelect the certificated employee for the next succeeding school year to this type of position. If the county superintendent of schools does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
(g)Subdivisions (b) to (f), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
(h)As used in this section, the following definitions shall apply:
(1)Highly effective certificated employee means a certificated employee who, in the view of the county superintendent of schools, demonstrates proficiency with the California Standards for the Teaching Profession.
(2)Teaching position means a certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status.
SEC. 3.Section 44270 of the Education Code is amended to read:44270.(a)The minimum requirements for the preliminary services credential with a specialization in administrative services are shall include all of the following:
(1)Possession of one of the following:
(A)A valid teaching credential requiring the possession of a baccalaureate degree and a professional preparation program including student teaching.
(B)A valid designated subjects career technical education, adult education, or special subjects teaching credential, as specified in Section 44260, 44260.1, 44260.2, 44260.3, or 44260.4, provided the candidate also possesses a baccalaureate degree.
(C)A valid services credential with a specialization in pupil personnel, health, or clinical or rehabilitative services, as specified in Section 44266, 44267, 44267.5, or 44268, or a valid services credential authorizing service as a teacher librarian, as specified in Section 44269.
(D)A valid credential issued under the laws, rules, and regulations in effect on or before December 31, 1971, which authorizes the same areas as in subparagraphs (B) and (C).
(2)Completion of a minimum of three any of the following:
(A)Five years of successful, full-time classroom teaching experience in the public schools, including, but not limited to, service in state- or county-operated schools, or in private schools of equivalent status or three status.
(B)Five years of experience in the fields of pupil personnel, health, clinical or rehabilitative, or librarian services.
(C)A combination of the types of experience described in subparagraphs (A) and (B) equal to five years, counting concurrent experiences only once.
(3)Completion of an entry-level program of specialized and professional preparation in administrative services approved by the commission or a one-year internship in a program of supervised training in administrative services, approved by the commission as satisfying the requirements for the preliminary services credential with a specialization in administrative services.
(4)Current employment in an administrative position after completion of professional preparation as defined described in paragraph (3), whether full or part time, in a public school or private school of equivalent status. The commission shall encourage school districts to consider the recency of preparation or professional growth in school administration as one of the criteria for employment.
(b)The preliminary administrative services credential shall be valid for a period of five years from the date of initial employment in an administrative position, whether full or part time, and shall not be renewable.
(c)A candidate who completed, by September 30, 1984, the requirements for the administrative services credential in effect on June 30, 1982, is eligible for the credential authorized under those requirements. All other candidates shall satisfy the requirements set forth in this section.
SEC. 4.Section 44270.1 of the Education Code is amended to read:44270.1.(a)The minimum requirements for the professional services credential with a specialization in administrative services are shall include all of the following:
(1)Possession of a valid preliminary administrative services credential, as specified in Section 44270.
(2)A minimum of two years of successful experience in a full-time administrative position in a public school or private school of equivalent status, while holding the preliminary administrative services credential, as attested by the employing school district or agency, including, but not limited to, the department, in the case of state school administrators, and county offices of education, in the case of county school administrators.
(3)(A)Completion of a commission-approved program of advanced preparation. Each candidate, in consultation with employing school district personnel and university personnel, shall develop an individualized program of professional development activities for this advanced preparation program based upon individual needs. Each individualized program will shall include university coursework and may include, nonuniversity activities or advanced administrative field experiences. The commission shall adopt standards and criteria for the university programs of advanced preparation and nonuniversity activities.
(B)Each individualized program shall include training on how to properly and effectively evaluate certificated employees.
(4)A credential candidate shall complete the individualized program pursuant to paragraph (3) during the first two years of experience in a full-time administrative position.
(b)The commission may, at the request of a credential candidate, grant a waiver, pursuant to subdivision (m) of Section 44225, of the requirement of university coursework upon its finding that the candidate, in consultation with personnel of the employing school district and personnel of the university, is not able to develop an individualized program of professional development for the advanced preparation program that meets the individual needs of the candidates.
SEC. 2.SEC. 5.Article 4.6 (commencing with Section 44520) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:4.6.District-Designed Teacher Support Programs44520.(a)Each school district shall create create, in accordance with subdivision (f) of Section 3543.2 of the Government Code, if applicable, a two-year teacher support program allowing a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession in order to become a highly effective certificated employee.
(b)For purposes of this section, the following terms have the following meanings:
(1)A highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as or district-developed standards that align with the California Standards for the Teaching Profession. Proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(2)An employee demonstrating unsatisfactory performance means a certificated employee who, in the view of the governing board of the school district, does not demonstrate proficiency with the California Standards for the Teaching Profession as or district-developed standards that align with the California Standards for the Teaching Profession. This lack of proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) designating the certificated employee in a the lowest category below the satisfactory levels that the school district has established pursuant to subdivision (c) of Section 44664.
SEC. 3.SEC. 6.Article 4.7 (commencing with Section 44550) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:4.7.District-Designed Administrator Support Programs44550.Each school district is encouraged to create a one-year principal or vice principal support program allowing a highly effective school administrator, as determined by the school district, to support a principal or vice principal who has completed the individualized program for a professional services credential with a specialization in administrative services pursuant to subdivision (a) of Section 44270.1 and who is demonstrating unsatisfactory performance, as determined by the school district, to become proficient in the California Professional Standards for Educational Leaders.
44551.(a)Each school district shall create a multiple-day principal and vice principal training program on how to evaluate teachers.
(b)An administrator who has received the professional services credential with a specialization in administrative services and who is demonstrating unsatisfactory performance, as determined by the school district, shall participate in the multiple-day principal and vice principal training program.
SEC. 4.SEC. 7.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 et seq.), as defined in 20 U.S.C. Sec. 7801, 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. If a certificated 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. The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees 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 while the employee is in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) or a district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520) until the employee achieves a positive evaluation or is separated from the school district. Evaluation performed pursuant to this article during the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) shall include the participation of an administrator from a school district other than the school district employing the certificated employee.
(c)A school district shall establish at least four categories of performance for certificated employees. At least two of these categories shall designate performance at a satisfactory level or greater. At least two of these categories shall designate performance below a satisfactory level.
(d)(1)A certificated employee who receives an evaluation performed pursuant to this article below a satisfactory level in the lowest category of performance in the area of teaching methods or instruction shall participate in a program designed to improve appropriate areas of the employees 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 a rating below a satisfactory level in the lowest category of performance on an evaluation performed pursuant to this section shall participate in the California Peer Assistance and Review Program for Teachers.
(3)If a school district does not participate 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 a rating below a satisfactory level in the lowest category of performance on an evaluation performed pursuant to this section shall participate in a district-designed district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520).
(e)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 of the school district.
(f)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 5.SEC. 8.The heading of Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code is amended to read:13.Principal and Vice Principal Evaluation SystemSEC. 6.SEC. 9.Section 44670 of the Education Code is amended to read:44670.(a)The governing board of a school district may identify who will conduct the evaluation of each school principal and vice principal.
(b)Every school principal and vice principal may shall be evaluated annually for the first and second year of employment as a new principal or vice principal in a school district. The governing board of the school district may determine the frequency at regular intervals of evaluations after this period. period, which shall include evaluations at regular intervals.
(c)Additional evaluations that occur outside of the regular intervals determined by the governing board of the school district may be agreed upon between the evaluator and the principal or vice principal.
(d)Evaluators and principals or vice principals may review school success and progress throughout the year. This review should include goals that are defined by the school district.
(e)The superintendent of a school district shall annually provide reports on the evaluation of principals and vice principals or of the school district superintendents decision not to evaluate principals and vice principals to the governing board of the school district.
(f)It is the intent of the Legislature that every school principal and vice principal shall be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders. Leaders and are performing effective evaluations of teachers.
SEC. 7.SEC. 10.Section 44671 of the Education Code is amended to read:44671.(a)Criteria for effective school principal or vice principal evaluations shall be based upon the California Professional Standards for Educational Leaders. These standards identify a school administrator as being an educational leader who promotes the success of all pupils through leadership that fosters all of the following:
(1)A shared vision.
(2)Effective teaching and learning.
(3)Management and safety.
(4)Parent, family, and community involvement.
(5)Professional and ethical leadership.
(6)Contextual awareness.
(b)A school principal or vice principal evaluation may include, but not be limited to, evidence of all of the following:
(1)Academic growth of pupils based on multiple measures that may include pupil work as well as pupil and school longitudinal data that demonstrates pupil academic growth over time. Assessments used for this purpose shall be valid and reliable and used for the purposes intended and for the appropriate pupil populations. Local and state academic assessments include, but are not limited to, state standardized assessments, formative, summative, benchmark, end of chapter, end of course, advanced placement, international baccalaureate, college entrance, and performance assessments. For career and technical education, authentic performance assessment is a strong indicator of effective teaching and learning.
(2)Effective and comprehensive teacher evaluations, including, but not limited to, curricular and management leadership, ongoing professional development, teacher-principal teamwork, and professional learning communities.
(3)Culturally responsive instructional strategies to address and eliminate the achievement gap.
(4)The ability to analyze quality instructional strategies and provide effective feedback that leads to instructional improvement.
(5)High expectations for all pupils and leadership to ensure active pupil engagement and learning.
(6)Collaborative professional practices for improving instructional strategies.
(7)Effective school management, including personnel and resource management, organizational leadership, sound fiscal practices, a safe campus environment, and appropriate pupil behavior.
(8) Meaningful self-assessment to improve as a professional educator. Self-assessment may include, but not be limited to, a self-assessment on state professional standards for educational leaders and the identification of areas of strengths and areas for professional growth to engage in activities to foster professional growth.
(9)Consistent and effective relationships with pupils, parents, teachers, staff, and other administrators.
SEC. 8.SEC. 11.Section 44830.1 of the Education Code is amended to read:44830.1.(a)In addition to any other prohibition or provision, a person who has been convicted of a violent or serious felony shall not be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employees third probationary year. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter.
(b)This section applies to any violent or serious offense that, if committed in this state, would have been punishable as a violent or serious felony.
(c)(1)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(2)For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction.
(3)For purposes of this section, the term school district has the same meaning as defined in Section 41302.5.
(d)When the governing board of a school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the persons fingerprints together with a personal description and the fee, shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice.
(e)When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the Department of Justice.
(f)Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(g)Notwithstanding subdivision (f), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(h)Notwithstanding any other law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employees third probationary year has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement.
(i)An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(j)Notwithstanding Section 47610, this section applies to a charter school.
(k)This section shall not apply to a certificated employee who applies to renew his or her credential when both of the following conditions have been met:
(1)The employees original application for credential was accompanied by that persons fingerprints.
(2)The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of his or her credential or his or her credential has not expired between renewals.
(l)Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k).
(m)This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, 1997.
(n)All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure all of the following:
(1)A recipient shall not disclose its contents or provide copies of information.
(2)Information received shall be stored in a locked file separate from other files and shall only be accessible to the custodian of records.
(3)Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations.
(4)Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.
SEC. 9.SEC. 12.Section 44885.5 of the Education Code is amended to read:44885.5.(a)(1)A school district shall classify a person who is employed as a district intern pursuant to Section 44830.3 and a person who has completed service in the school district as a district intern pursuant to subdivision (b) of Section 44325 and Section 44830.3 and is reelected for the next two succeeding school years to a position requiring certification qualifications as a probationary employee of the school district.
(2)The governing board of a school district may dismiss or suspend employees classified as probationary employees pursuant to this subdivision in accordance with the procedures specified in Section 44948 or 44948.3, as applicable.
(b)A highly effective certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed as described in subdivision (a) shall, upon reelection for the next succeeding school year, to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(c)(1)Notwithstanding subdivision (b), the governing board of a school district may require a certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed as described in subdivision (a) to continue to be classified as a probationary employee for a fourth year.
(2)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a second succeeding school year as described in subdivision (a) shall participate in either the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520) of Chapter 3.
(3)Notwithstanding any other law, a third- or fourth-year probationary employee has the due process and appeal rights of a permanent employee pursuant to Sections 44934 to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive. shall not be released or dismissed without cause and may appeal release or dismissal to the governing board of the school district.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators administrators, including an administrator from a schoolsite other than the schoolsite at which the employee is on probation, and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the governing board of the school district regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed for cause or shall be retained for a fourth year as a probationary employee after one year of the support program at the discretion of the school district. program.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3, and who is further reelected and employed as described in subdivision (a) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify the certificated employee, on or before March 15 of the certificated employees third and fourth school year of probationary employment in a position requiring certification qualifications as described in subdivision (b), of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of position. The governing board of a school district shall notify the certificated employee, on or before March 15 of the certificated employees fourth school year of probationary employment in a position requiring certification qualifications as described in subdivision (b), of the decision to reelect as a permanent employee or not reelect the certificated employee for the next succeeding school year to this type of position. If the governing board of a school district does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as or district-developed standards that align with the California Standards for the Teaching Profession. Proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) of Chapter 3 designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 10.SEC. 13.Section 44901 of the Education Code is amended to read:44901.(a)(1)A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(2)Where there are two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(3)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)(1)A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(2)Where there are two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last school district in which he or she was employed before his or her election for the fourth consecutive school year.
(3)The governing board of the school district shall notify the employee, on or before March 15 of the employees third complete consecutive school year of employment by the school districts in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position. If the governing board of the school district does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
(4)This subdivision shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 11.SEC. 14.Section 44929.21 of the Education Code is amended to read:44929.21.(a)(1)Every employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(2)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)A highly effective certificated employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the school district for three complete consecutive school years, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(c)(1)Notwithstanding subdivision (b), the governing board of a school district may require a certificated employee who, after having been employed by the school district for three complete consecutive school years and who is further reelected and employed during the succeeding school year, to continue to be classified as a probationary employee for a fourth year.
(2)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a third complete consecutive school year as described in subdivision (b) shall participate in either the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520) of Chapter 3.
(3)Notwithstanding any other law, a third- or fourth-year probationary employee has the due process and appeal rights of a permanent employee pursuant to Sections 44934 to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive. shall not be released or dismissed without cause and may appeal release or dismissal to the governing board of the school district.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators administrators, including an administrator from a schoolsite other than the schoolsite at which the employee is on probation, and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the governing board of the school district regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed for cause or shall be retained for a fourth year as a probationary employee after one year of the support program at the discretion of the school district. program.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify a certificated employee, on or before March 15 of the certificated employees third and fourth school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of position. The governing board of a school district shall notify a certificated employee, on or before March 15 of the certificated employees fourth school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee or not reelect the certificated employee for the next succeeding school year to this type of position. If the governing board of a school district does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as or district-developed standards that align with the California Standards for the Teaching Profession. Proficiency shall be demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) of Chapter 3 designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
(h)Subdivisions (b) to (g), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 12.SEC. 15.Section 44929.23 of the Education Code is amended to read:44929.23.(a)The governing board of a school district of any type or class having an average daily attendance of fewer than 250 pupils may classify as a permanent employee of the school district an employee who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. If that classification is not made, the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made.
(b)Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district, if the governing board of the school district elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board of the school district thereafter shall classify as a permanent employee of the school district a probationary employee who, after being employed for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications, unless the governing board of the school district requires the employee to continue to be classified as a probationary employee for a fourth year pursuant to Section 44929.21. A probationary employee who has been employed by the school district for three or more consecutive years on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the school district.
(c)If the classification is not made pursuant to subdivision (a) or (b), the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until the classification is made.
SEC. 13.SEC. 16.Section 44934 of the Education Code is amended to read:44934.(a)This section shall apply to dismissal or suspension proceedings based on charges as specified in Section 44932 or 44933, including proceedings based on charges of egregious misconduct in combination with other charges, except this section shall not apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932. Section 44934.1 shall apply to dismissal or suspension proceedings based solely on charges of egregious misconduct described in paragraph (1) of subdivision (a) of Section 44932. Section 44934.2 shall apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932.
(b)Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of the school district, or upon a written statement of charges formulated by the governing board of the school district, charging that there exists cause, as specified in Section 44932 or 44933, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. Suspension proceedings may be initiated pursuant to this section only if the governing board of the school district has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
(c)Any written statement of charges shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each charge.
(d)If the governing board of the school district has given notice to a certificated employee of its intention to dismiss or suspend him or her, based upon written charges filed or formulated pursuant to this section, the charges may be amended less than 90 days before the hearing on the charges only upon a showing of good cause. If a motion to amend charges is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to the amended charges.
(e)A notice of the governing board of the school district to an employee of its intention to dismiss or suspend him or her, together with written charges filed or formulated pursuant to this section, shall be sufficient to initiate a hearing under Section 11503 of the Government Code, and the governing board of the school district shall not be required to file or serve a separate accusation.
(f)This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of fewer than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3542.2 of the Government Code except that Section 44934.2, and not this section, shall apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932.
SEC. 14.SEC. 17.Section 44934.2 is added to the Education Code, to read:44934.2.(a)This section shall apply only to dismissal or suspension proceedings based solely on charges of unsatisfactory performance, as described in paragraph (5) of subdivision (a) of Section 44932.
(b)Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district charging that there exists cause, as specified in paragraph (5) of subdivision (a) of Section 44932, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands an arbitration hearing pursuant to Section 44944.2.
(c)Any written statement of charges of unsatisfactory performance shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. The written statement of charges shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each occasion of alleged unsatisfactory performance.
(d)This section shall also apply to the suspension of probationary employees based solely on charges of unsatisfactory performance, as described in paragraph (5) of subdivision (a) of Section 44932 in a school district with an average daily attendance of fewer than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
SEC. 15.SEC. 18.Section 44937 of the Education Code is amended to read:44937.In a dismissal or suspension proceeding initiated pursuant to Section 44934, 44934.1, or 44934.2, if the certificated employee does not demand a hearing by filing a written request for hearing with the governing board of the school district, he or she may be dismissed or suspended without pay for a specific period of time at the expiration of the 30-day period.
SEC. 16.SEC. 19.Section 44938 of the Education Code is amended to read:44938.(a)The governing board of a school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days before the date of the filing, the governing board of the school district or its authorized representative has given the employee against whom the charge is filed written notice of the unprofessional conduct, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee.
(b)The governing board of a school district shall not act upon any charges of unsatisfactory performance unless the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed district-designed, and collectively bargained for, if applicable, teacher support program established pursuant to Article 4.6 (commencing with Section 44520) of Chapter 3 during the previous two years or or, if the school district has established such a program, a one-year district-designed administrator support program established pursuant to Article 4.7 (commencing with Section 44550) of Chapter 3 during the previous year.
(c)(1)Unsatisfactory performance as used in this section means, and refers only to, the unsatisfactory performance particularly specified as a cause for dismissal in Section 44932 and does not include any other cause for dismissal specified in Section 44932.
(2)Unprofessional conduct as used in this section means, and refers to, the unprofessional conduct particularly specified as a cause for dismissal or suspension in Sections 44932 and 44933 and does not include any other cause for dismissal specified in Section 44932.
SEC. 17.SEC. 20.Section 44943 of the Education Code is amended to read:44943.When any employee who has been served with notice pursuant to Section 44934, 44934.1, or 44934.2 of the governing board of the school districts intention to dismiss or suspend him or her demands a hearing, the governing board of the school district shall have the option either (a) to rescind its action, or (b) schedule a hearing on the matter.
SEC. 18.SEC. 21.Section 44944.05 of the Education Code is amended to read:44944.05.(a)In a dismissal or suspension proceeding initiated pursuant to Section 44934, in lieu of written discovery required pursuant to Section 11507.6 of the Government Code, the parties shall make disclosures as described in this section. This section does not apply to dismissal or suspension proceedings initiated pursuant to Section 44934.1 or 44934.2.
(b)(1)An initial disclosure shall comply with the following requirements:
(A)A party shall, without awaiting a discovery request, provide to the other parties both of the following:
(i)The name and, if known, the address and telephone number of each individual likely to have discoverable information, along with the subjects of information relating to the allegations made in the charges and the parties claims and defenses, unless the use would be solely for impeachment purposes.
(ii)A copy of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control relating to the allegations made in the charges and the parties claims or defenses, unless the use would be solely for impeachment.
(B)The school district and the employee shall make their initial disclosures within 45 days of the date of the employees demand for a hearing.
(C)A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another partys disclosures. A partys failure to make initial disclosures within the deadlines set forth in this section shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(D)A party has an obligation to promptly supplement its initial disclosures as new information or evidence becomes known or available. Supplemental disclosures shall be made as soon as possible, and no later than 60 days before the date of commencement of the hearing. A partys failure to make supplemental disclosures promptly upon discovery or availability of new information or evidence shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(2)The disclosure of expert testimony shall comply with the following requirements:
(A)A party shall also disclose to the other parties the identities of any expert witnesses whose testimony it may use at the hearing.
(B)The disclosure specified in subparagraph (A) shall be accompanied by a summary of the witness expected testimony, including a description of the facts and data considered by the witness; a description of the witness qualifications, including a list of all publications authored in the previous 10 years; a list of all other cases in which, during the previous four years, the witness testified as an expert at a hearing or by deposition; and a statement of the compensation to be paid to the expert witness.
(C)Expert witness disclosures shall be made no later than 60 days before the date of commencement of the hearing. A partys failure to make full and timely expert witness disclosures shall preclude the partys use of the expert witness testimony or evidence at the hearing.
(3)Prehearing disclosures shall comply with the following requirements:
(A)In addition to the disclosures required in paragraphs (1) and (2), a party shall provide to the other parties the following information about the evidence that it may present at the hearing:
(i)The name, and, if not previously provided, the address and telephone number of each witness, separately identifying those the party expects to present and those it may call if the need arises.
(ii)An identification of each exhibit, separately identifying those items the party expects to offer and those it may offer if the need arises.
(B)Prehearing disclosures shall be made at least 30 days before the hearing.
(i)Within 14 days after prehearing disclosures are made, a party shall file and serve any objections, along with the grounds for each objection, to the admissibility of evidence.
(ii)These objections shall be decided on the first day of the hearing, or at a prehearing conference conducted pursuant to Section 11511.5 of the Government Code. Documents and individuals not timely disclosed without good cause shall be precluded from admission at the hearing.
(c)In addition to the disclosures required by subdivision (a), the parties may obtain discovery by oral deposition in California, in accordance with Sections 2025.010 to 2025.620, inclusive, of the Code of Civil Procedure, except as described in this article. The school district may take the depositions of the employee and no more than four other witnesses, and the employee may take depositions of no more than five witnesses. Each witness deposition is limited to seven hours. An administrative law judge may allow the parties to conduct additional depositions only upon a showing of good cause. If a motion to conduct additional depositions is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to new evidence introduced as a result of the additional depositions. An order granting a motion for additional depositions shall not constitute an extraordinary circumstance or good cause for purposes of extending the deadlines set forth in paragraph (1) of subdivision (b) of Section 44944.
(d)If the right to disclosures or oral depositions is denied by either the employee or the governing board of a school district, the exclusive right of a party seeking an order compelling production of discovery shall be pursuant to Section 11507.7 of the Government Code. If a party seeks protection from unreasonable or oppressive discovery demands, the exclusive right of a party seeking an order for protection shall be pursuant to Section 11450.30 of the Government Code.
SEC. 19.SEC. 22.Section 44944.2 is added to the Education Code, to read:44944.2.(a)This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.2.
(b)Any permanent certificated employee who has received notice of a school districts intention to suspend or dismiss the certificated employee based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932 may file a written request for arbitration to the school district within 14 days after receipt of a copy of the written charges by filing a written answer to the charges.
(c)(1)Within 14 days of receipt of the request for arbitration, the school district shall schedule a meeting with the certificated employee to identify an arbitrator and set an arbitration date.
(2)The meeting shall occur at a location and time mutually convenient for the certificated employee and the school district. The certificated employee shall have the right to appear with a representative of the certificated employees collective bargaining unit, counsel, or both.
(3)At the meeting, the certificated employee and the school district shall agree upon an arbitrator, selected from the list of arbitrators maintained by the American Arbitration Association, and a time and place for an arbitration hearing. The hearing shall be scheduled for no fewer than 14 21 days and no more than 30 37 days after the scheduling meeting.
(4)A party shall, without awaiting a discovery request, provide to the other parties both of the following:
(A)The name and, if known, the address and telephone number of each individual likely to have discoverable information, along with the subjects of information relating to the allegations made in the charges and the parties claims and defenses, unless the use would be solely for impeachment purposes.
(B)A copy of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control relating to the allegations made in the charges and the parties claims or defenses, unless the use would be solely for impeachment.
(5)The school district and the certificated employee shall make their initial disclosures within 14 days of the date of the scheduled meeting.
(6)A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another partys disclosures. A partys failure to make initial disclosures within the deadlines set forth in this section shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(d)(1)At the arbitration hearing, the certificated employee shall have the right to appear with a representative of the certificated employees collective bargaining unit, counsel, or both.
(2)The scope of the arbitration hearing shall be limited to both of the following:
(A)The process the school district used in evaluating the certificated employee, including, but not limited to, whether the school districts evaluation conformed with Article 11 (commencing with Section 44660) of Chapter 3.
(B)The certificated employees proficiency with the California Standards for the Teaching Profession.
(B)The charges brought against the certificated employee.
(e)The arbitrator shall issue a decision as to whether or not the certificated employee should be dismissed or suspended within 60 days of the arbitration hearing. The decision of the arbitrator shall be binding. binding and not appealable.
(f)(1)If the arbitrator determines that the certificated employee should be dismissed or suspended, the governing board of the school district and the state shall share equally the expenses of the arbitration. The state shall pay the reasonable expenses of the arbitrator, including, but not limited to, payments or obligations incurred for travel, meals, and lodging. The Controller shall pay all claims submitted pursuant to this paragraph from the General Fund, and may prescribe reasonable rules, regulations, and forms for the submission of the claims. The certificated employee and the governing board of the school district shall pay their own attorneys fees.
(2)If the arbitrator determines that the certificated employee should not be dismissed or suspended, the governing board of the school district shall pay the expenses of the hearing, including the reasonable expenses of the arbitrator, including, but not limited to, payments or obligations incurred for travel, meals, and lodging and reasonable attorneys fees incurred by the certificated employee.
SEC. 20.SEC. 23.Section 44945 of the Education Code is amended to read:44945.(a)The decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 may, on petition of either the governing board of the school district or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by a hearing officer under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law.
(b)This section shall not apply to a decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934.2.
SEC. 21.SEC. 24.Section 44955 of the Education Code is amended to read:44955.(a)A permanent employee shall not be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, and a probationary employee shall not be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive.
(b)(1)If in a school year the average daily attendance in all of the schools of a school district for the first six months that school is in session shall have declined below the corresponding period of either of the previous two school years, if the governing board of the school district determines that attendance in a school district will decline in the following year as a result of the termination of an interdistrict tuition agreement as described in Section 46304, if a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or if the amendment of state law requires the modification of curriculum, and if the governing board of the school district determines it necessary by reason of any of these conditions to decrease the number of permanent employees in the school district, the governing board of the school district may terminate the services of not more than a corresponding percentage of the certificated employees of the school district, permanent as well as probationary, at the close of the school year.(2)In computing a decline in average daily attendance for purposes of this section for a newly formed or reorganized school district, each school of the school district shall be deemed to have been a school of the newly formed or reorganized school district for both of the two previous school years.
(3)A school district shall not use teacher salary as a factor in determining who is terminated.
(4)The governing board of a school district shall terminate certificated employees in the following order:
(A)Probationary employees who have received an evaluation of performance below the satisfactory level in the lowest category, as established pursuant to subdivision (c) of Section 44664. 44664 on at least one of the two most recent evaluations.
(B)Permanent employees who have received two consecutive evaluations of performance below the satisfactory level in the lowest category, as established pursuant to subdivision (c) of Section 44664. 44664 on the two most recent evaluations.
(C)Probationary employees who have not received an evaluation of performance below the satisfactory level in the lowest category, as established pursuant to subdivision (c) of Section 44664. 44664 on either of the two most recent evaluations.
(D)Permanent employees who have not received two consecutive evaluations of performance below the satisfactory level in the lowest category on the two most recent evaluations, beginning with permanent employees in the lowest category and proceeding to permanent employees in the highest category, as determined by each permanent employees highest evaluated category on either of the two most recent evaluations, as established pursuant to subdivision (c) of Section 44664.
(E)As between employees in the same designation pursuant to subparagraphs (A) to (C), inclusive, or subdesignation pursuant to subparagraph (D), the governing board of the school district shall determine the order of termination solely on the basis of who first rendered paid service to the school district, with the least senior employee being dismissed first. As between employees in the same designation pursuant to paragraphs (1) to (4), inclusive, subparagraphs (A) to (C), inclusive, or subdesignation pursuant to subparagraph (D), who first rendered paid service to the school district on the same date, and demonstrate equivalent teacher effectiveness, the governing board of the school district shall determine the order of termination solely on the basis of needs of the school district and the pupils of the school district. Upon the request of an employee whose order of termination is so determined, the governing board of the school district shall furnish in writing, no later than five days before the commencement of the hearing held in accordance with Section 44949, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to the other employees in the group. The requirement that the governing board of a school district provide, on request, a written statement of reasons for determining the order of termination shall not be interpreted to give affected employees any legal right or interest that would not exist without the requirement.
(c)(1)Notice of the termination of services shall be given before the 15th of May in the manner prescribed in Section 44949. If a permanent or probationary employee is not given notice and a right to a hearing as provided for in Section 44949, he or she shall be deemed reemployed for the ensuing school year.
(2)The governing board of a school district shall make assignments and reassignments in a manner that employees shall be retained to render any service their seniority, qualifications, and effectiveness entitle them to render. However, before assigning or reassigning a certificated employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or that is not within the employees major area of postsecondary study or the equivalent thereof, the governing board of the school district shall require the employee to pass a subject matter competency test in the appropriate subject.
(d)Notwithstanding subdivisions (b) and (c), a school district may deviate from terminating a certificated employee in order described in subdivision (b) for either of the following reasons:
(1)The school district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services, that others with a higher ranking on the order established pursuant to paragraph (4) of subdivision (b) do not possess.
(2)For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.
(e)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 25.Section 3543.2 of the Government Code is amended to read:3543.2.(a)(1)The scope of representation shall be limited to matters relating to wages, hours of employment, and other terms and conditions of employment. Terms and conditions of employment mean health and welfare benefits as defined by Section 53200, leave, transfer and reassignment policies, safety conditions of employment, class size, procedures to be used for the evaluation of employees, organizational security pursuant to Section 3546, procedures for processing grievances pursuant to Sections 3548.5, 3548.6, 3548.7, and 3548.8, the layoff of probationary certificated school district employees, pursuant to Section 44959.5 of the Education Code, and alternative compensation or benefits for employees adversely affected by pension limitations pursuant to former Section 22316 of the Education Code, as that section read on December 31, 1999, to the extent deemed reasonable and without violating the intent and purposes of Section 415 of the Internal Revenue Code.
(2)A public school employer shall give reasonable written notice to the exclusive representative of the public school employers intent to make any change to matters within the scope of representation of the employees represented by the exclusive representative for purposes of providing the exclusive representative a reasonable amount of time to negotiate with the public school employer regarding the proposed changes.
(3)The exclusive representative of certificated personnel has the right to consult on the definition of educational objectives, the determination of the content of courses and curriculum, and the selection of textbooks to the extent those matters are within the discretion of the public school employer under the law.
(4)All matters not specifically enumerated are reserved to the public school employer and may not be a subject of meeting and negotiating, except that this section does not limit the right of the public school employer to consult with any employees or employee organization on any matter outside the scope of representation.
(b)Notwithstanding Section 44944 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding causes and procedures for disciplinary action, other than dismissal, including a suspension of pay for up to 15 days, affecting certificated employees. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44944 of the Education Code shall apply.
(c)Notwithstanding Section 44955 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding procedures and criteria for the layoff of certificated employees for lack of funds. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44955 of the Education Code shall apply.
(d)Notwithstanding Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding the payment of additional compensation based upon criteria other than years of training and years of experience. If the public school employer and the exclusive representative do not reach mutual agreement, Section 45028 of the Education Code shall apply.
(e)Pursuant to Section 45028 of the Education Code, the public school employer and the exclusive representative shall, upon the request of either party, meet and negotiate a salary schedule based on criteria other than a uniform allowance for years of training and years of experience. If the public school employer and the exclusive representative do not reach mutual agreement, the provisions of Section 45028 of the Education Code requiring a salary schedule based upon a uniform allowance for years of training and years of experience shall apply. A salary schedule established pursuant to this subdivision shall not result in the reduction of the salary of a teacher.
(f)Notwithstanding Article 4.6 (commencing with Section 44520) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding the creation of a two-year teacher support program. If the public school employer and the exclusive representative do not reach mutual agreement, Article 4.6 (commencing with Section 44520) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code shall apply.
SEC. 22.SEC. 26.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.
(a)(1)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, each person who, after being employed for three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, classes shall be classified as and become a permanent employee of the county superintendent of schools.
Such an employee
(2)An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44882 44929.21 applies. Sections 44841, 44842, 44882, 44929.21, 44948.3, and 44948.5 are applicable apply to these employees.
This
(3)This subdivision shall apply only to probationary employees whose probationary period commenced prior to before the 198384 fiscal year.
(b)(1)If the average daily attendance of the schools and classes maintained by a county superintendent of schools is 250 pupils or more, each person a highly effective certificated employee who, after being employed for two three complete consecutive school years by the county superintendent of schools in a teaching position in those schools or classes requiring certification qualifications and whose salary is paid from the county school service fund, is reelected for the next succeeding school year to such a position in those schools or classes, classes shall be classified as and become a permanent employee of the county superintendent of schools.
The county superintendent of schools shall notify the employee, on or before March 15 of the employees second complete consecutive year of employment by the superintendent in a teaching position in schools or classes maintained by the superintendent requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position in those schools. In the event that the county superintendent does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
Such an
(2)An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44882 44929.21 applies. Sections 44841, 44842, 44882, 44929.21, 44948.3, and 44948.5 are applicable apply to these employees.
(c)(1)Notwithstanding subdivision (b), the county superintendent of schools may require a certificated employee, who after having been employed by the county superintendent of schools for three complete consecutive school years and who is further reelected and employed during the succeeding school year, to continue to be classified as a probationary employee for a fourth year.
(2)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a third complete consecutive school year as described in subdivision (b) shall, if the county office of education participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2, participate in the program.
(3)Notwithstanding any other law, a third- or fourth-year probationary employee has the due process and appeal rights of a permanent employee pursuant to Sections 44934 to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the county superintendent of schools regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed or retained for a fourth year as a probationary employee after one year of the support program at the discretion of the county superintendent of schools.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status by another county superintendent of schools and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee by the county superintendent of schools.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status by another county superintendent of schools to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The county superintendent of schools shall notify a certificated employee, on or before March 15 of the certificated employees third and fourth school year of probationary employment in a position requiring certification qualifications, of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of position. If the county superintendent of schools does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
This subdivision
(g)Subdivisions (b) to (f), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
(c)
(h)As used in this section, teaching the following definitions shall apply:
(1)Highly effective certificated employee means a certificated employee who, in the view of the county superintendent of schools, demonstrates proficiency with the California Standards for the Teaching Profession.
(2)Teaching position means any a certificated position designated as of January 1, 1983, by the county board of education or the county superintendent of schools as a teaching position for the purpose of granting probationary or permanent status.
SECTION 1.SEC. 2.Article 4.6 (commencing with Section 44520) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:4.6.District-Designed Teacher Support Programs44520.(a)Each school district shall create a two-year teacher support program allowing a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession in order to become a highly effective certificated employee.
(b)For purposes of this section, the following terms have the following meanings:
(1)A highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(2)An employee demonstrating unsatisfactory performance means a certificated employee who, in the view of the governing board of the school district, does not demonstrate proficiency with the California Standards for the Teaching Profession as demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) designating the certificated employee in a category below the satisfactory levels that the school district has established pursuant to subdivision (c) of Section 44664.
SEC. 2.SEC. 3.Article 4.7 (commencing with Section 44550) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:4.7.District-Designed Administrator Support Programs44550.Each school district is encouraged to create a one-year principal or vice principal support program allowing a highly effective school administrator, as determined by the school district, to support a principal or vice principal demonstrating unsatisfactory performance, as determined by the school district, to become proficient in the California Professional Standards for Educational Leaders.
SEC. 3.SEC. 4.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 et seq.), as defined in 20 U.S.C. Sec. 7801, 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. If a certificated 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. The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees 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 school district.
(c)A school district shall establish at least four categories of performance for certificated employees. At least two of these categories shall designate performance at a satisfactory level or greater. At least two of these categories shall designate performance below a satisfactory level.
(d)(1)A certificated employee who receives an evaluation performed pursuant to this article below a satisfactory level in the area of teaching methods or instruction shall participate in a program designed to improve appropriate areas of the employees 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 a rating below a satisfactory level on an evaluation performed pursuant to this section shall participate in the California Peer Assistance and Review Program for Teachers.
(3)If a school district does not participate 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 a rating below a satisfactory level on an evaluation performed pursuant to this section shall participate in a district-designed teacher support program established pursuant to Article 4.6 (commencing with Section 44520).
(e)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 of the school district.
(f)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 4.SEC. 5.The heading of Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code is amended to read:13.Principal and Vice Principal Evaluation SystemSEC. 5.SEC. 6.Section 44670 of the Education Code is amended to read:44670.(a)The governing board of a school district may identify who will conduct the evaluation of each school principal and vice principal.
(b)Every school principal and vice principal may be evaluated annually for the first and second year of employment as a new principal or vice principal in a school district. The governing board of the school district may determine the frequency at regular intervals of evaluations after this period.
(c)Additional evaluations that occur outside of the regular intervals determined by the governing board of the school district may be agreed upon between the evaluator and the principal or vice principal.
(d)Evaluators and principals or vice principals may review school success and progress throughout the year. This review should include goals that are defined by the school district.
(e)The superintendent of a school district shall annually provide reports on the evaluation of principals and vice principals or of the school district superintendents decision not to evaluate principals and vice principals to the governing board of the school district.
(f)It is the intent of the Legislature that every school principal and vice principal shall be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders.
SEC. 6.SEC. 7.Section 44671 of the Education Code is amended to read:44671.(a)Criteria for effective school principal or vice principal evaluations shall be based upon the California Professional Standards for Educational Leaders. These standards identify a school administrator as being an educational leader who promotes the success of all pupils through leadership that fosters all of the following:
(1)A shared vision.
(2)Effective teaching and learning.
(3)Management and safety.
(4)Parent, family, and community involvement.
(5)Professional and ethical leadership.
(6)Contextual awareness.
(b)A school principal or vice principal evaluation may include, but not be limited to, evidence of all of the following:
(1)Academic growth of pupils based on multiple measures that may include pupil work as well as pupil and school longitudinal data that demonstrates pupil academic growth over time. Assessments used for this purpose shall be valid and reliable and used for the purposes intended and for the appropriate pupil populations. Local and state academic assessments include, but are not limited to, state standardized assessments, formative, summative, benchmark, end of chapter, end of course, advanced placement, international baccalaureate, college entrance, and performance assessments. For career and technical education, authentic performance assessment is a strong indicator of effective teaching and learning.
(2)Effective and comprehensive teacher evaluations, including, but not limited to, curricular and management leadership, ongoing professional development, teacher-principal teamwork, and professional learning communities.
(3)Culturally responsive instructional strategies to address and eliminate the achievement gap.
(4)The ability to analyze quality instructional strategies and provide effective feedback that leads to instructional improvement.
(5)High expectations for all pupils and leadership to ensure active pupil engagement and learning.
(6)Collaborative professional practices for improving instructional strategies.
(7)Effective school management, including personnel and resource management, organizational leadership, sound fiscal practices, a safe campus environment, and appropriate pupil behavior.
(8) Meaningful self-assessment to improve as a professional educator. Self-assessment may include, but not be limited to, a self-assessment on state professional standards for educational leaders and the identification of areas of strengths and areas for professional growth to engage in activities to foster professional growth.
(9)Consistent and effective relationships with pupils, parents, teachers, staff, and other administrators.
SEC. 8.Section 44830.1 of the Education Code is amended to read:44830.1.(a)In addition to any other prohibition or provision, no a person who has been convicted of a violent or serious felony shall not be hired by a school district in a position requiring certification qualifications or supervising positions requiring certification qualifications. A school district shall not retain in employment a current certificated employee who has been convicted of a violent or serious felony, felony and who is a temporary employee, a substitute employee, or a probationary employee serving before March 15 of the employees second third probationary year. If any conviction is reversed and the formerly convicted person is acquitted of the offense in a new trial, or the charges are dismissed, this section does not prohibit his or her employment thereafter.
(b)This section applies to any violent or serious offense which, that, if committed in this state, would have been punishable as a violent or serious felony.
(c)(1)For purposes of this section, a violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code and a serious felony is any felony listed in subdivision (c) of Section 1192.7 of the Penal Code.
(2)For purposes of this section, a plea of nolo contendere to a serious or violent felony constitutes a conviction.
(3)For purposes of this section, the term school district has the same meaning as defined in Section 41302.5.
(d)When the governing board of any a school district requests a criminal record summary of a temporary, substitute, or probationary certificated employee, two fingerprint cards, bearing the legible rolled and flat impressions of the persons fingerprints together with a personal description and the fee, shall be submitted, by any means authorized by the Department of Justice, to the Department of Justice.
(e)When the Department of Justice ascertains that an individual who is an applicant for employment by a school district has been convicted of a violent or serious felony, or for purposes of implementing the prohibitions set forth in Section 44836, any sex offense, as defined in Section 44010, or any controlled substance offense, as defined in Section 44011, the department shall notify the school district of the criminal information pertaining to the applicant. The notification shall be delivered by telephone or electronic mail to the school district. The notification to the school district shall cease to be made once the statewide electronic fingerprinting network is returning responses within three working days. The Department of Justice shall send by first-class mail or electronic mail a copy of the criminal information to the Commission on Teacher Credentialing. The Department of Justice may charge a reasonable fee to cover the costs associated with processing, reviewing, and supplying the criminal record summary required by this section. In no event shall the fee exceed the actual costs incurred by the department. Department of Justice.
(f)Notwithstanding subdivision (a), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a violent or serious felony if the person has obtained a certificate of rehabilitation and pardon pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
(g)Notwithstanding subdivision (f), a person shall not be denied employment or terminated from employment solely on the basis that the person has been convicted of a serious felony that is not also a violent felony if that person can prove to the sentencing court of the offense in question, by clear and convincing evidence, that he or she has been rehabilitated for the purposes of school employment for at least one year. If the offense in question occurred outside this state, then the person may seek a finding of rehabilitation from the court in the school district in which he or she is a resident.
(h)Notwithstanding any other provision of law, when the Department of Justice notifies a school district by telephone or electronic mail that a current temporary employee, substitute employee, or probationary employee serving before March 15 of the employees second third probationary year, year has been convicted of a violent or serious felony, that employee shall immediately be placed on leave without pay. When the school district receives written electronic notification of the fact of conviction from the Department of Justice, the employee shall be terminated automatically and without regard to any other procedure for termination specified in this code or school district procedures unless the employee challenges the record of the Department of Justice and the Department of Justice withdraws in writing its notification to the school district. Upon receipt of written withdrawal of notification from the Department of Justice, the employee shall immediately be reinstated with full restoration of salary and benefits for the period of time from the suspension without pay to the reinstatement.
(i)An employer shall request subsequent arrest service from the Department of Justice as provided under Section 11105.2 of the Penal Code.
(j)Notwithstanding Section 47610, this section applies to a charter school.
(k)This section shall not apply to a certificated employee who applies to renew his or her credential when both of the following conditions have been met:
(1)The employees original application for credential was accompanied by that persons fingerprints.
(2)The employee has either been continuously employed in one or more public school districts since the issuance or last renewal of his or her credential or his or her credential has not expired between renewals.
(l)Nothing in this section shall prohibit a county superintendent of schools from issuing a temporary certificate to any person described in paragraph (1) or (2) of subdivision (k).
(m)This section shall not prohibit a school district from hiring a certificated employee who became a permanent employee of another school district as of October 1, 1997.
(n)All information obtained from the Department of Justice is confidential. Every agency handling Department of Justice information shall ensure all of the following:
(1)No A recipient may shall not disclose its contents or provide copies of information.
(2)Information received shall be stored in a locked file separate from other files, files and shall only be accessible to the custodian of records.
(3)Information received shall be destroyed upon the hiring determination in accordance with subdivision (a) of Section 708 of Title 11 of the California Code of Regulations.
(4)Compliance with destruction, storage, dissemination, auditing, backgrounding, and training requirements as set forth in Sections 700 through 708 to 708, inclusive, of Title 11 of the California Code of Regulations and Section 11077 of the Penal Code governing the use and security of criminal offender record information is the responsibility of the entity receiving the information from the Department of Justice.
SEC. 7.SEC. 9.Section 44885.5 of the Education Code is amended to read:44885.5.(a)(1)A school district shall classify a person who is employed as a district intern pursuant to Section 44830.3 and a person who has completed service in the school district as a district intern pursuant to subdivision (b) of Section 44325 and Section 44830.3 and is reelected for the next two succeeding school year years to a position requiring certification qualifications as a probationary employee of the school district.
(2)The governing board of a school district may dismiss or suspend employees classified as probationary employees pursuant to this subdivision in accordance with the procedures specified in Section 44948 or 44948.3, as applicable.
(b)A highly effective certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed during the succeeding school year as described in subdivision (a) may, shall, upon reelection for the next succeeding school year, to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(c)(1)Notwithstanding subdivision (b), the governing board of a school district may require a certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed during the succeeding school year as described in subdivision (a) to continue to be classified as a probationary employee for a third or fourth year.
(2)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a second succeeding school year as described in subdivision (a) shall participate in either the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed teacher support program established pursuant to Article 4.6 (commencing with Section 44520). 44520) of Chapter 3.
(3)Notwithstanding paragraph (2) of subdivision (a), any other law, a third- or fourth-year probationary employee has the due process and appeal rights of a permanent employee pursuant to Sections 44934 to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the governing board of the school district regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed or retained for a fourth year as a probationary employee after one year of the support program at the discretion of the school district.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3, and who is further reelected and employed during the succeeding school year as described in subdivision (a) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify the certificated employee, on or before March 15 of the certificated employees second, third, third and fourth school year of probationary employment in a position requiring certification qualification qualifications as described in subdivision (b), of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of a position. In the event If the governing board of a school district does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) of Chapter 3 designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 10.Section 44901 of the Education Code is amended to read:44901.(a)(1)A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, for a total of three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as a permanent employee of the last school district in which he or she was employed prior to before his or her election for the fourth consecutive school year.
Where
(2)Where there are two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for three complete consecutive school years, upon being elected for the fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the fourth consecutive school year be classified as and become a permanent employee of the last school district in which he or she was employed prior to before his or her election for the fourth consecutive school year.
This
(3)This subdivision shall apply only to probationary employees whose probationary period commenced prior to before the 198384 fiscal year.
(b)(1)A certificated employee who has served in a position or positions requiring certification qualifications in two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, for a total of two three complete consecutive school years, upon being elected for the third fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the third fourth consecutive school year be classified as a permanent employee of the last school district in which he or she was employed prior to before his or her election for the third fourth consecutive school year.
Where
(2)Where there are two or more school districts, each having an average daily attendance of 250 pupils or more and governed by governing boards of identical personnel, a certificated employee who has served in one of the school districts for two three complete consecutive school years, upon being elected for the third fourth consecutive school year to a position or positions requiring certification qualifications in any of the school districts, shall at the commencement of the third fourth consecutive school year be classified as and become a permanent employee of the last school district in which he or she was employed prior to before his or her election for the third fourth consecutive school year.
The
(3)The governing board of the school district shall notify the employee, on or before March 15 of the employees second third complete consecutive school year of employment by the school districts in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a position. In the event that If the governing board of the school district does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
This
(4)This subdivision shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 8.SEC. 11.Section 44929.21 of the Education Code is amended to read:44929.21.(a)(1)Every employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year year, be classified as and become a permanent employee of the school district.
(2)This subdivision shall apply only to probationary employees whose probationary period commenced before the 198384 fiscal year.
(b)A highly effective certificated employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the school district for two three complete consecutive school years, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year year, be classified as and become a permanent employee of the school district.
(c)(1)Notwithstanding subdivision (b), the governing board of a school district may require a certificated employee who, after having been employed by the school district for two three complete consecutive school years and who is further reelected and employed during the succeeding school year year, to continue to be classified as a probationary employee for a third or fourth year.
(2)A certificated employee who is reelected as a probationary employee pursuant to this subdivision or to a third complete consecutive school year as described in subdivision (b) shall participate in either the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed teacher support program established pursuant to Article 4.6 (commencing with Section 44520). 44520) of Chapter 3.
(3)A Notwithstanding any other law, a third- or fourth-year probationary employee has the due process and appeal rights of a permanent employee pursuant to Sections 44934 to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the governing board of the school district regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed or retained for a fourth year as a probationary employee after one year of the support program at the discretion of the school district.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify a certificated employee, on or before March 15 of the certificated employees second, third, third and fourth school year of probationary employment in a position requiring certification qualification, qualifications, of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of a position. In the event If the governing board of a school district does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as demonstrated by an evaluation that conforms with Article 11 (commencing with Section 44660) of Chapter 3 designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
(h)Subdivisions (b) to (g), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 12.Section 44929.23 of the Education Code is amended to read:44929.23.(a)The governing board of a school district of any type or class having an average daily attendance of less fewer than 250 pupils may classify as a permanent employee of the school district any an employee who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications. If that classification is not made, the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until a change in classification is made.
(b)Notwithstanding subdivision (a), Section 44929.21 shall apply to certificated employees employed by a school district, if the governing board of the school district elects to dismiss probationary employees pursuant to Section 44948.2. If that election is made, the governing board of the school district thereafter shall classify as a permanent employee of the school district any a probationary employee who, after being employed for two three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications as required by qualifications, unless the governing board of the school district requires the employee to continue to be classified as a probationary employee for a fourth year pursuant to Section 44929.21. Any A probationary employee who has been employed by the school district for two three or more consecutive years on the date of that election in a position or positions requiring certification qualifications shall be classified as a permanent employee of the school district.
(c)If the classification is not made pursuant to subdivision (a) or (b), the employee shall not attain permanent status and may be reelected from year to year thereafter without becoming a permanent employee until the classification is made.
SEC. 9.SEC. 13.Section 44934 of the Education Code is amended to read:44934.(a)This section shall apply to dismissal or suspension proceedings based on charges as specified in Section 44932 or 44933, including proceedings based on charges of egregious misconduct in combination with other charges, except this section shall not apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932. Section 44934.1 shall apply to dismissal or suspension proceedings based solely on charges of egregious misconduct described in paragraph (1) of subdivision (a) of Section 44932. Section 44934.2 shall apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932.
(b)Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of the school district, or upon a written statement of charges formulated by the governing board of the school district, charging that there exists cause, as specified in Section 44932 or 44933, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. Suspension proceedings may be initiated pursuant to this section only if the governing board of the school district has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
(c)Any written statement of charges shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each charge.
(d)If the governing board of the school district has given notice to a certificated employee of its intention to dismiss or suspend him or her, based upon written charges filed or formulated pursuant to this section, the charges may be amended less than 90 days before the hearing on the charges only upon a showing of good cause. If a motion to amend charges is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to the amended charges.
(e)A notice of the governing board of the school district to an employee of its intention to dismiss or suspend him or her, together with written charges filed or formulated pursuant to this section, shall be sufficient to initiate a hearing under Section 11503 of the Government Code, and the governing board of the school district shall not be required to file or serve a separate accusation.
(f)This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of less fewer than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3542.2 of the Government Code except that Section 44934.2, and not this section, shall apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932.
SEC. 10.SEC. 14.Section 44934.2 is added to the Education Code, to read:44934.2.(a)This section shall apply only to dismissal or suspension proceedings based solely on charges of unsatisfactory performance, as described in paragraph (5) of subdivision (a) of Section 44932.
(b)Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district charging that there exists cause, as specified in paragraph (5) of subdivision (a) of Section 44932, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands an arbitration hearing pursuant to Section 44944.2.
(c)Any written statement of charges of unsatisfactory performance shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. The written statement of charges shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each occasion of alleged unsatisfactory performance.
(d)This section shall also apply to the suspension of probationary employees based solely on charges of unsatisfactory performance, as described in paragraph (5) of subdivision (a) of Section 44932 in a school district with an average daily attendance of less fewer than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
SEC. 11.SEC. 15.Section 44937 of the Education Code is amended to read:44937.In a dismissal or suspension proceeding initiated pursuant to Section 44934, 44934.1, or 44934.2, if the certificated employee does not demand a hearing by filing a written request for hearing with the governing board of the school district, he or she may be dismissed or suspended without pay for a specific period of time at the expiration of the 30-day period.
SEC. 12.SEC. 16.Section 44938 of the Education Code is amended to read:44938.(a)The governing board of any a school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days before the date of the filing, the governing board of the school district or its authorized representative has given the employee against whom the charge is filed written notice of the unprofessional conduct, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee.
(b)The governing board of any a school district shall not act upon any charges of unsatisfactory performance unless the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) of Chapter 3 or a district-designed teacher support program established pursuant to Article 4.6 (commencing with Section 44520) of Chapter 3 during the previous two years or a district-designed administrator support program established pursuant to Article 4.7 (commencing with Section 44550) of Chapter 3 during the previous year.
(c)(1)Unsatisfactory performance as used in this section means, and refers only to, the unsatisfactory performance particularly specified as a cause for dismissal in Section 44932 and does not include any other cause for dismissal specified in Section 44932.
(2)Unprofessional conduct as used in this section means, and refers to, the unprofessional conduct particularly specified as a cause for dismissal or suspension in Sections 44932 and 44933 and does not include any other cause for dismissal specified in Section 44932.
SEC. 13.SEC. 17.Section 44943 of the Education Code is amended to read:44943.When any employee who has been served with notice pursuant to Section 44934, 44934.1, or 44934.2 of the governing board of the school districts intention to dismiss or suspend him or her demands a hearing, the governing board of the school district shall have the option either (a) to rescind its action, or (b) schedule a hearing on the matter.
SEC. 14.SEC. 18.Section 44944.05 of the Education Code is amended to read:44944.05.(a)In a dismissal or suspension proceeding initiated pursuant to Section 44934, in lieu of written discovery required pursuant to Section 11507.6 of the Government Code, the parties shall make disclosures as described in this section. This section does not apply to dismissal or suspension proceedings initiated pursuant to Section 44934.1 or 44934.2.
(b)(1)An initial disclosure shall comply with the following requirements:
(A)A party shall, without awaiting a discovery request, provide to the other parties both of the following:
(i)The name and, if known, the address and telephone number of each individual likely to have discoverable information, along with the subjects of information relating to the allegations made in the charges and the parties claims and defenses, unless the use would be solely for impeachment purposes.
(ii)A copy of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control relating to the allegations made in the charges and the parties claims or defenses, unless the use would be solely for impeachment.
(B)The school district and the employee shall make their initial disclosures within 45 days of the date of the employees demand for a hearing.
(C)A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another partys disclosures. A partys failure to make initial disclosures within the deadlines set forth in this section shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(D)A party has an obligation to promptly supplement its initial disclosures as new information or evidence becomes known or available. Supplemental disclosures shall be made as soon as possible, and no later than 60 days before the date of commencement of the hearing. A partys failure to make supplemental disclosures promptly upon discovery or availability of new information or evidence shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(2)The disclosure of expert testimony shall comply with the following requirements:
(A)A party shall also disclose to the other parties the identities of any expert witnesses whose testimony it may use at the hearing.
(B)The disclosure specified in subparagraph (A) shall be accompanied by a summary of the witness expected testimony, including a description of the facts and data considered by the witness; a description of the witness qualifications, including a list of all publications authored in the previous 10 years; a list of all other cases in which, during the previous four years, the witness testified as an expert at a hearing or by deposition; and a statement of the compensation to be paid to the expert witness.
(C)Expert witness disclosures shall be made no later than 60 days before the date of commencement of the hearing. A partys failure to make full and timely expert witness disclosures shall preclude the partys use of the expert witness testimony or evidence at the hearing.
(3)Prehearing disclosures shall comply with the following requirements:
(A)In addition to the disclosures required in paragraphs (1) and (2), a party shall provide to the other parties the following information about the evidence that it may present at the hearing:
(i)The name, and, if not previously provided, the address and telephone number of each witness, separately identifying those the party expects to present and those it may call if the need arises.
(ii)An identification of each exhibit, separately identifying those items the party expects to offer and those it may offer if the need arises.
(B)Prehearing disclosures shall be made at least 30 days before the hearing.
(i)Within 14 days after prehearing disclosures are made, a party shall file and serve any objections, along with the grounds for each objection, to the admissibility of evidence.
(ii)These objections shall be decided on the first day of the hearing, or at a prehearing conference conducted pursuant to Section 11511.5 of the Government Code. Documents and individuals not timely disclosed without good cause shall be precluded from admission at the hearing.
(c)In addition to the disclosures required by subdivision (a), the parties may obtain discovery by oral deposition in California, in accordance with Sections 2025.010 to 2025.620, inclusive, of the Code of Civil Procedure, except as described in this article. The school district may take the depositions of the employee and no more than four other witnesses, and the employee may take depositions of no more than five witnesses. Each witness deposition is limited to seven hours. An administrative law judge may allow the parties to conduct additional depositions only upon a showing of good cause. If a motion to conduct additional depositions is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to new evidence introduced as a result of the additional depositions. An order granting a motion for additional depositions shall not constitute an extraordinary circumstance or good cause for purposes of extending the deadlines set forth in paragraph (1) of subdivision (b) of Section 44944.
(d)If the right to disclosures or oral depositions is denied by either the employee or the governing board of a school district, the exclusive right of a party seeking an order compelling production of discovery shall be pursuant to Section 11507.7 of the Government Code. If a party seeks protection from unreasonable or oppressive discovery demands, the exclusive right of a party seeking an order for protection shall be pursuant to Section 11450.30 of the Government Code.
SEC. 15.SEC. 19.Section 44944.2 is added to the Education Code, to read:44944.2.(a)This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.2.
(b)Any permanent certificated employee who has received notice of a school districts intention to suspend or dismiss the certificated employee based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932 may file a written request for arbitration to the school district within 14 days after receipt of a copy of the written charges by filing a written answer to the charges.
(c)(1)Within 14 days of receipt of the request for arbitration, the school district shall schedule a meeting with the certificated employee to identify an arbitrator and set an arbitration date.
(2)The meeting shall occur, occur at a location and time mutually convenient for the certificated employee and the school district. The certificated employee shall have the right to appear with a representative of the certificated employees collective bargaining unit, counsel, or both.
(3)At the meeting, the certificated employee and the school district shall agree upon an arbitrator, selected from the list of arbitrators maintained by the American Arbitration Association, and a time and place for an arbitration hearing. The hearing shall be scheduled for no fewer than 14 days and no more than 30 days after the scheduling meeting.
(d)(1)At the arbitration hearing, the certificated employee shall have the right to appear with a representative of the certificated employees collective bargaining unit, counsel, or both.
(2)The scope of the arbitration hearing shall be limited to both of the following:
(A)The process the school district used in evaluating the certificated employee. employee, including, but not limited to, whether the school districts evaluation conformed with Article 11 (commencing with Section 44660) of Chapter 3.
(B)The certificated employees proficiency with the California Standards for the Teaching Profession.
(e)The arbitrator shall issue a decision as to whether or not the certificated employee should be dismissed or suspended within 60 days of the arbitration hearing. The decision of the arbitrator shall be binding.
(f)(1)If the arbitrator determines that the certificated employee should be dismissed or suspended, the governing board of the school district and the state shall share equally the expenses of the arbitration. The state shall pay the reasonable expenses of the arbitrator, including, but not limited to, payments or obligations incurred for travel, meals, and lodging. The Controller shall pay all claims submitted pursuant to this paragraph from the General Fund, and may prescribe reasonable rules, regulations, and forms for the submission of the claims. The certificated employee and the governing board of the school district shall pay their own attorneys fees.
(2)If the arbitrator determines that the certificated employee should not be dismissed or suspended, the governing board of the school district shall pay the expenses of the hearing, including the reasonable expenses of the arbitrator, including, but not limited to, payments or obligations incurred for travel, meals, and lodging and reasonable attorneys fees incurred by the certificated employee.
SEC. 16.SEC. 20.Section 44945 of the Education Code is amended to read:44945.(a)The decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 may, on petition of either the governing board of the school district or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by a hearing officer under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law.
(b)This section shall not apply to a decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934.2.
SEC. 17.SEC. 21.Section 44955 of the Education Code is amended to read:44955.(a)A permanent employee shall not be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, and a probationary employee shall not be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive.
(b)(1)If in a school year the average daily attendance in all of the schools of a school district for the first six months that school is in session shall have declined below the corresponding period of either of the previous two school years, if the governing board of the school district determines that attendance in a school district will decline in the following year as a result of the termination of an interdistrict tuition agreement as described in Section 46304, if a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or if the amendment of state law requires the modification of curriculum, and if the governing board of the school district determines it necessary by reason of any of these conditions to decrease the number of permanent employees in the school district, the governing board of the school district may terminate the services of not more than a corresponding percentage of the certificated employees of the school district, permanent as well as probationary, at the close of the school year.(2)In computing a decline in average daily attendance for purposes of this section for a newly formed or reorganized school district, each school of the school district shall be deemed to have been a school of the newly formed or reorganized school district for both of the two previous school years.
(3)Each school district shall develop a metric that gives equal weight to seniority and teacher effectiveness, as measured by the school district using the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing, to use when determining which permanent school employees to retain. A school district shall not use teacher salary as a factor in this metric. determining who is terminated.
(4)The governing board of a school district shall terminate certificated employees in the following order:
(A)Probationary employees who have received an evaluation of performance below the satisfactory level as established pursuant to subdivision (c) of Section 44664 in the inverse order of the metric established pursuant to paragraph (3). 44664.
(B)Permanent employees who have received two consecutive evaluations of performance below the satisfactory level as established pursuant to subdivision (c) of Section 44664 in the inverse order of the metric established pursuant to paragraph (3). 44664.
(C)Probationary employees who have not received an evaluation of performance below the satisfactory level as established pursuant to subdivision (c) of Section 44664 in the inverse order of the metric established pursuant to paragraph (3). 44664.
(D)Permanent employees who have not received two consecutive evaluations of performance below the satisfactory level as established pursuant to subdivision (c) of Section 44664 in the inverse order of the metric established pursuant to paragraph (3). 44664.
(E)As between employees in the same designation pursuant to paragraphs (1) to (4), inclusive, who first rendered paid service to the school district on the same date, and demonstrate equivalent teacher effectiveness, the governing board of the school district shall determine the order of termination solely on the basis of needs of the school district and the pupils of the school district. Upon the request of an employee whose order of termination is so determined, the governing board of the school district shall furnish in writing, no later than five days before the commencement of the hearing held in accordance with Section 44949, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to the other employees in the group. The requirement that the governing board of a school district provide, on request, a written statement of reasons for determining the order of termination shall not be interpreted to give affected employees any legal right or interest that would not exist without the requirement.
(c)(1)Notice of the termination of services shall be given before the 15th of May in the manner prescribed in Section 44949. If a permanent or probationary employee is not given the notices notice and a right to a hearing as provided for in Section 44949, he or she shall be deemed reemployed for the ensuing school year.
(2)The governing board of a school district shall make assignments and reassignments in a manner that employees shall be retained to render any service their seniority, qualifications, and effectiveness entitle them to render. However, before assigning or reassigning a certificated employee to teach a subject that he or she has not previously taught, and for which he or she does not have a teaching credential or that is not within the employees major area of postsecondary study or the equivalent thereof, the governing board of the school district shall require the employee to pass a subject matter competency test in the appropriate subject.
(d)Notwithstanding subdivisions (b) and (c), a school district may deviate from terminating a certificated employee in order described in subdivision (b) for either of the following reasons:
(1)The school district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services, that others with a higher ranking on the metric developed order established pursuant to paragraph (3) (4) of subdivision (b) do not possess.
(2)For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.
(e)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 18.SEC. 22.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.
(a)Each school district shall create a two-year teacher support program allowing a highly effective certificated employee to support a certificated employee demonstrating unsatisfactory performance to become proficient in the California Standards for the Teaching Profession in order to become a highly effective certificated employee.
(b)For purposes of this section, the following terms have the following meanings:
(1)A highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as demonstrated by an evaluation designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(2)An employee demonstrating unsatisfactory performance means a certificated employee who, in the view of the governing board of the school district, does not demonstrate proficiency with the California Standards for the Teaching Profession as demonstrated by an evaluation designating the certificated employee in a category below the satisfactory levels that the school district has established pursuant to subdivision (c) of Section 44664.
SEC. 2.Article 4.7 (commencing with Section 44550) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:4.7.District-Designed Administrator Support Programs44550.Each school district is encouraged to create a one-year principal or vice principal support program allowing a highly effective school administrator, as determined by the school district, to support a principal or vice principal demonstrating unsatisfactory performance, as determined by the school district, to become proficient in the California Professional Standards for Educational Leaders.
SEC. 3.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, 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. If an a certificated employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board, board of the school district, the employing authority shall notify the certificated employee in writing of that fact and describe the unsatisfactory performance. The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees 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 school district.
(c)Any evaluation performed pursuant to this article which contains an unsatisfactory rating of an employees 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 employees performance and to further pupil achievement and the instructional objectives of the employing authority. If
(c)A school district shall establish at least four categories of performance for certificated employees. At least two of these categories shall designate performance at a satisfactory level or greater. At least two of these categories shall designate performance below a satisfactory level.
(d)(1)A certificated employee who receives an evaluation performed pursuant to this article below a satisfactory level in the area of teaching methods or instruction shall participate in a program designed to improve appropriate areas of the employees 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), any a certificated employee who receives an unsatisfactory rating a rating below a satisfactory level on an evaluation performed pursuant to this section shall participate in the California Peer Assistance and Review Program for Teachers.
(3)If a school district does not participate 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 a rating below a satisfactory level on an evaluation performed pursuant to this section shall participate in a district-designed teacher support program established pursuant to Article 4.6 (commencing with Section 44520).
(d)
(e)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.
(f)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 4.The heading of Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code is amended to read:13.Principal and Vice Principal Evaluation SystemSEC. 5.Section 44670 of the Education Code is amended to read:44670.(a)The governing board of a school district may identify who will conduct the evaluation of each school principal. principal and vice principal.
(b)A Every school principal and vice principal may be evaluated annually for the first and second year of employment as a new principal or vice principal in a school district. The governing board of the school district may determine the frequency at regular intervals of evaluations after this period.
(c)Additional evaluations that occur outside of the regular intervals determined by the governing board of the school district may be agreed upon between the evaluator and the principal. principal or vice principal.
(d)Evaluators and principals or vice principals may review school success and progress throughout the year. This review should include goals that are defined by the school district.
(e)The superintendent of a school district shall annually provide reports on the evaluation of principals and vice principals or of the school district superintendents decision not to evaluate principals and vice principals to the governing board of the school district.
(f)It is the intent of the Legislature that every school principal and vice principal shall be evaluated as frequently as necessary to ensure, in the view of the governing board of the school district, that they are satisfactorily proficient in the California Professional Standards for Educational Leaders.
SEC. 6.Section 44671 of the Education Code is amended to read:44671.(a)Criteria for effective school principal or vice principal evaluations may shall be based upon the California Professional Standards for Educational Leaders. These standards identify a school administrator as being an educational leader who promotes the success of all pupils through leadership that fosters all of the following:
(1)A shared vision.
(2)Effective teaching and learning.
(3)Management and safety.
(4)Parent, family, and community involvement.
(5)Professional and ethical leadership.
(6)Contextual awareness.
(b)A school principal or vice principal evaluation may include, but not be limited to, evidence of all of the following:
(1)Academic growth of pupils based on multiple measures that may include pupil work as well as pupil and school longitudinal data that demonstrates pupil academic growth over time. Assessments used for this purpose must shall be valid and reliable and used for the purposes intended and for the appropriate pupil populations. Local and state academic assessments include, but are not limited to, state standardized assessments, formative, summative, benchmark, end of chapter, end of course, advanced placement, international baccalaureate, college entrance, and performance assessments. For career and technical education, authentic performance assessment is a strong indicator of effective teaching and learning.
(2)Effective and comprehensive teacher evaluations, including, but not limited to, curricular and management leadership, ongoing professional development, teacher-principal teamwork, and professional learning communities.
(3)Culturally responsive instructional strategies to address and eliminate the achievement gap.
(4)The ability to analyze quality instructional strategies and provide effective feedback that leads to instructional improvement.
(5)High expectations for all pupils and leadership to ensure active pupil engagement and learning.
(6)Collaborative professional practices for improving instructional strategies.
(7)Effective school management, including personnel and resource management, organizational leadership, sound fiscal practices, a safe campus environment, and appropriate pupil behavior.
(8) Meaningful self-assessment to improve as a professional educator. Self-assessment may include, but not be limited to, a self-assessment on state professional standards for educational leaders and the identification of areas of strengths and areas for professional growth to engage in activities to foster professional growth.
(9)Consistent and effective relationships with pupils, parents, teachers, staff, and other administrators.
SEC. 7.Section 44885.5 of the Education Code is amended to read:44885.5.(a)Any (1)A school district shall classify as a probationary employee of the district any a person who is employed as a district intern pursuant to Section 44830.3 and any a person who has completed service in the school district as a district intern pursuant to subdivision (b) of Section 44325 and Section 44830.3 and is reelected for the next succeeding school year to a position requiring certification qualifications. qualifications as a probationary employee of the school district.
The
(2)The governing board of a school district may dismiss or suspend employees classified as probationary employees pursuant to this subdivision in accordance with the procedures specified in Section 44948 or 44948.3 44948.3, as applicable.
(b)Every certificated employee, A highly effective certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed during the succeeding school year as described in subdivision (a) shall, may, upon reelection for the next succeeding school year, to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(c)(1)Notwithstanding subdivision (b), the governing board of a school district may require a certificated employee who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3 and who is further reelected and employed during the succeeding school year as described in subdivision (a) to continue to be classified as a probationary employee for a third or fourth year.
(2)A certificated employee who is reelected as a probationary employee pursuant to this subdivision shall participate in either the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) or a district-designed teacher support program established pursuant to Article 4.6 (commencing with Section 44520).
(3)Notwithstanding paragraph (2) of subdivision (a), a third- or fourth-year probationary employee has the due process and appeal rights of a permanent employee pursuant to Sections 44934 to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the governing board of the school district regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed or retained for a fourth year as a probationary employee after one year of the support program at the discretion of the school district.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district who has completed service as a district intern pursuant to subdivision (b) of Section 44325 and pursuant to Section 44830.3, and who is further reelected and employed during the succeeding school year as described in subdivision (a) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
The
(e)The governing board of a school district shall notify the certificated employee, on or before March 15 of the certificated employees last complete consecutive second, third, and fourth school year of probationary employment in a position requiring certification qualification as described in this subdivision, subdivision (b), of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of a position. In the event the governing board of a school district does not give notice pursuant to this section on or before March 15, the a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as demonstrated by an evaluation designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 8.Section 44929.21 of the Education Code is amended to read:44929.21.(a)(1)Every employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the school district for three complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year be classified as and become a permanent employee of the school district.
This
(2)This subdivision shall apply only to probationary employees whose probationary period commenced prior to before the 198384 fiscal year.
(b)Every A highly effective certificated employee of a school district of any type or class having an average daily attendance of 250 or more who, after having been employed by the school district for two complete consecutive school years in a position or positions requiring certification qualifications, years, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year be classified as and become a permanent employee of the school district.
The governing board shall notify the employee, on or before March 15 of the employees second complete consecutive school year of employment by the district in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to the position. In the event that the governing board does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
(c)(1)Notwithstanding subdivision (b), the governing board of a school district may require a certificated employee who, after having been employed by the school district for two complete consecutive school years and who is further reelected and employed during the succeeding school year to continue to be classified as a probationary employee for a third or fourth year.
(2)A certificated employee who is reelected as a probationary employee pursuant to this subdivision shall participate in either the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) or a district-designed teacher support program established pursuant to Article 4.6 (commencing with Section 44520).
(3)A third- or fourth-year probationary employee has the due process and appeal rights of a permanent employee pursuant to Sections 44934 to 44934.2, inclusive, and Sections 44944 to 44944.2, inclusive.
(4)During the third and fourth year as a probationary employee, the employee shall be observed by multiple administrators and teacher peers. Administrators and teacher peers observing the third-year probationary employee shall provide feedback to the governing board of the school district regarding the probationary employees proficiency with the California Standards for the Teaching Profession, adopted by the Commission on Teacher Credentialing.
(5)A third-year probationary employee may be dismissed or retained for a fourth year as a probationary employee after one year of the support program at the discretion of the school district.
(d)(1)Notwithstanding subdivision (c), a certificated employee who had previously been granted permanent status in another school district and who is further reelected and employed during the succeeding school year as described in subdivision (b) shall, upon reelection for the next succeeding school year to a position requiring certification qualifications, be classified as and become a permanent employee of the school district.
(2)Nothing in this subdivision shall be interpreted to authorize a certificated employee who has not previously been granted permanent status in another school district to gain permanent status without meeting the requirements of subdivision (b) or (c).
(e)The governing board of a school district shall notify a certificated employee, on or before March 15 of the certificated employees second, third, and fourth school year of probationary employment in a position requiring certification qualification, of the decision to reelect as a permanent employee, reelect as a probationary employee, or not reelect the certificated employee for the next succeeding school year to this type of a position. In the event the governing board of a school district does not give notice pursuant to this section on or before March 15, a certificated employee shall be deemed reelected as a permanent employee for the next succeeding school year.
(f)For purposes of this section, a highly effective certificated employee means a certificated employee who, in the view of the governing board of the school district, demonstrates proficiency with the California Standards for the Teaching Profession as demonstrated by an evaluation designating the certificated employee in the highest category the school district has established pursuant to subdivision (c) of Section 44664.
(g)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
This subdivision
(h)Subdivisions (b) to (g), inclusive, shall apply only to probationary employees whose probationary period commenced during the 198384 fiscal year or any fiscal year thereafter.
SEC. 9.Section 44934 of the Education Code is amended to read:44934.(a)This section shall apply to dismissal or suspension proceedings based on charges as specified in Section 44932 or 44933, including proceedings based on charges of egregious misconduct in combination with other charges. charges, except this section shall not apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932. Section 44934.1 shall apply to dismissal or suspension proceedings based solely on charges of egregious misconduct described in paragraph (1) of subdivision (a) of Section 44932. Section 44934.2 shall apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932.
(b)Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of the school district, or upon a written statement of charges formulated by the governing board of the school district, charging that there exists cause, as specified in Section 44932 or 44933, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands a hearing as provided in this article. Suspension proceedings may be initiated pursuant to this section only if the governing board of the school district has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
(c)Any written statement of charges shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. It shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each charge.
(d)If the governing board of the school district has given notice to a certificated employee of its intention to dismiss or suspend him or her, based upon written charges filed or formulated pursuant to this section, the charges may be amended less than 90 days before the hearing on the charges only upon a showing of good cause. If a motion to amend charges is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to the amended charges.
(e)A notice of the governing board of the school district to an employee of its intention to dismiss or suspend him or her, together with written charges filed or formulated pursuant to this section, shall be sufficient to initiate a hearing under Section 11503 of the Government Code, and the governing board of the school district shall not be required to file or serve a separate accusation.
(f)This section shall also apply to the suspension of probationary employees in a school district with an average daily attendance of less than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3542.2 of the Government Code. Code except that Section 44934.2, and not this section, shall apply to dismissal or suspension proceedings based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932.
SEC. 10.Section 44934.2 is added to the Education Code, to read:44934.2.(a)This section shall apply only to dismissal or suspension proceedings based solely on charges of unsatisfactory performance, as described in paragraph (5) of subdivision (a) of Section 44932.
(b)Upon the filing of written charges, duly signed and verified by the person filing them, with the governing board of a school district, or upon a written statement of charges formulated by the governing board of a school district charging that there exists cause, as specified in paragraph (5) of subdivision (a) of Section 44932, for the dismissal or suspension of a permanent employee of the school district, the governing board of the school district may, upon majority vote, except as provided in this article if it deems the action necessary, give notice to the permanent employee of its intention to dismiss or suspend him or her at the expiration of 30 days from the date of service of the notice, unless the employee demands an arbitration hearing pursuant to Section 44944.2.
(c)Any written statement of charges of unsatisfactory performance shall specify instances of behavior and the acts or omissions constituting the charge so that the employee will be able to prepare his or her defense. The written statement of charges shall, where applicable, state the statutes and rules that the employee is alleged to have violated, and it shall also set forth the facts relevant to each occasion of alleged unsatisfactory performance.
(d)This section shall also apply to the suspension of probationary employees based solely on charges of unsatisfactory performance, as described in paragraph (5) of subdivision (a) of Section 44932 in a school district with an average daily attendance of less than 250 pupils that has not adopted a collective bargaining agreement pursuant to subdivision (b) of Section 3543.2 of the Government Code.
SEC. 11.Section 44937 of the Education Code is amended to read:44937.In a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1, 44934, 44934.1, or 44934.2, if the certificated employee does not demand a hearing by filing a written request for hearing with the governing board, board of the school district, he or she may be dismissed or suspended without pay for a specific period of time at the expiration of the 30-day period.
SEC. 12.Section 44938 of the Education Code is amended to read:44938.(a)The governing board of any school district shall not act upon any charges of unprofessional conduct unless at least 45 calendar days prior to before the date of the filing, the governing board of the school district or its authorized representative has given the employee against whom the charge is filed, filed written notice of the unprofessional conduct, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee.
(b)The governing board of any school district shall not act upon any charges of unsatisfactory performance unless it acts in accordance with the provisions of paragraph (1) or (2): the employee against whom the charge is filed has completed at least one year of the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500) or a district-designed teacher support program established pursuant to Article 4.6 (commencing with Section 44520) during the previous two years or a district-designed administrator support program established pursuant to Article 4.7 (commencing with Section 44550) during the previous year.
(1)At least 90 calendar days prior to the date of the filing, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee.
(2)The governing board may act during the time period composed of the last one-fourth of the schooldays it has scheduled for purposes of computing apportionments in any fiscal year if, prior to the beginning of that time period, the board or its authorized representative has given the employee against whom the charge is filed, written notice of the unsatisfactory performance, specifying the nature thereof with such specific instances of behavior and with such particularity as to furnish the employee an opportunity to correct his or her faults and overcome the grounds for the charge. The written notice shall include the evaluation made pursuant to Article 11 (commencing with Section 44660) of Chapter 3, if applicable to the employee.
(c)(1)Unsatisfactory performance as used in this section means, and refers only to, the unsatisfactory performance particularly specified as a cause for dismissal in Section 44932 and does not include any other cause for dismissal specified in Section 44932.
Unprofessional
(2)Unprofessional conduct as used in this section means, and refers to, the unprofessional conduct particularly specified as a cause for dismissal or suspension in Sections 44932 and 44933 and does not include any other cause for dismissal specified in Section 44932.
SEC. 13.Section 44943 of the Education Code is amended to read:44943.When any employee who has been served with notice pursuant to Section 44934 or 44934.1 44934, 44934.1, or 44934.2 of the governing boards board of the school districts intention to dismiss or suspend him or her demands a hearing, the governing board of the school district shall have the option either (a) to rescind its action, or (b) schedule a hearing on the matter.
SEC. 14.Section 44944.05 of the Education Code is amended to read:44944.05.(a)In a dismissal or suspension proceeding initiated pursuant to Section 44934, in lieu of written discovery required pursuant to Section 11507.6 of the Government Code, the parties shall make disclosures as described in this section. This section does not apply to dismissal or suspension proceedings initiated pursuant to Section 44934.1. 44934.1 or 44934.2.
(b)(1)An initial disclosure shall comply with the following requirements:
(A)A party shall, without awaiting a discovery request, provide to the other parties both of the following:
(i)The name and, if known, the address and telephone number of each individual likely to have discoverable information, along with the subjects of information relating to the allegations made in the charges and the parties claims and defenses, unless the use would be solely for impeachment purposes.
(ii)A copy of all documents, electronically stored information, and tangible items that the disclosing party has in its possession, custody, or control relating to the allegations made in the charges and the parties claims or defenses, unless the use would be solely for impeachment.
(B)The school district and the employee shall make their initial disclosures within 45 days of the date of the employees demand for a hearing.
(C)A party shall make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully investigated the case or because it challenges the sufficiency of another partys disclosures. A partys failure to make initial disclosures within the deadlines set forth in this section shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(D)A party has an obligation to promptly supplement its initial disclosures as new information or evidence becomes known or available. Supplemental disclosures shall be made as soon as possible, and no later than 60 days before the date of commencement of the hearing. A partys failure to make supplemental disclosures promptly upon discovery or availability of new information or evidence shall preclude the party from introducing witnesses or evidence not disclosed at the hearing, unless the party shows good cause for its failure to timely disclose.
(2)The disclosure of expert testimony shall comply with the following requirements:
(A)A party shall also disclose to the other parties the identities of any expert witnesses whose testimony it may use at the hearing.
(B)The disclosure specified in subparagraph (A) shall be accompanied by a summary of the witness expected testimony, including a description of the facts and data considered by the witness; a description of the witness qualifications, including a list of all publications authored in the previous 10 years; a list of all other cases in which, during the previous four years, the witness testified as an expert at a hearing or by deposition; and a statement of the compensation to be paid to the expert witness.
(C)Expert witness disclosures shall be made no later than 60 days before the date of commencement of the hearing. A partys failure to make full and timely expert witness disclosures shall preclude the partys use of the expert witness testimony or evidence at the hearing.
(3)Prehearing disclosures shall comply with the following requirements:
(A)In addition to the disclosures required in paragraphs (1) and (2), a party shall provide to the other parties the following information about the evidence that it may present at the hearing:
(i)The name, and, if not previously provided, the address and telephone number of each witness, separately identifying those the party expects to present and those it may call if the need arises.
(ii)An identification of each exhibit, separately identifying those items the party expects to offer and those it may offer if the need arises.
(B)Prehearing disclosures shall be made at least 30 days before the hearing.
(i)Within 14 days after prehearing disclosures are made, a party shall file and serve any objections, along with the grounds for each objection, to the admissibility of evidence.
(ii)These objections shall be decided on the first day of the hearing, or at a prehearing conference conducted pursuant to Section 11511.5 of the Government Code. Documents and individuals not timely disclosed without good cause shall be precluded from admission at the hearing.
(c)In addition to the disclosures required by subdivision (a), the parties may obtain discovery by oral deposition in California, in accordance with Sections 2025.010 to 2025.620, inclusive, of the Code of Civil Procedure, except as described in this article. The school district may take the depositions of the employee and no more than four other witnesses, and the employee may take depositions of no more than five witnesses. Each witness deposition is limited to seven hours. An administrative law judge may allow the parties to conduct additional depositions only upon a showing of good cause. If a motion to conduct additional depositions is granted by the administrative law judge, the employee shall be given a meaningful opportunity to respond to new evidence introduced as a result of the additional depositions. An order granting a motion for additional depositions shall not constitute an extraordinary circumstance or good cause for purposes of extending the deadlines set forth in paragraph (1) of subdivision (b) of Section 44944.
(d)If the right to disclosures or oral depositions is denied by either the employee or the governing board, board of a school district, the exclusive right of a party seeking an order compelling production of discovery shall be pursuant to Section 11507.7 of the Government Code. If a party seeks protection from unreasonable or oppressive discovery demands, the exclusive right of a party seeking an order for protection shall be pursuant to Section 11450.30 of the Government Code.
SEC. 15.Section 44944.2 is added to the Education Code, to read:44944.2.(a)This section shall apply only to dismissal or suspension proceedings initiated pursuant to Section 44934.2.
(b)Any permanent certificated employee who has received notice of a school districts intention to suspend or dismiss the certificated employee based on charges of unsatisfactory performance described in paragraph (5) of subdivision (a) of Section 44932 may file a written request for arbitration to the school district within 14 days after receipt of a copy of the written charges by filing a written answer to the charges.
(c)(1)Within 14 days of receipt of the request for arbitration, the school district shall schedule a meeting with the certificated employee to identify an arbitrator and set an arbitration date.
(2)The meeting shall occur, at a location and time mutually convenient for the certificated employee and the school district. The certificated employee shall have the right to appear with a representative of the certificated employees collective bargaining unit, counsel, or both.
(3)At the meeting, the certificated employee and the school district shall agree upon an arbitrator, selected from the list of arbitrators maintained by the American Arbitration Association, and a time and place for an arbitration hearing. The hearing shall be scheduled for no fewer than 14 days and no more than 30 days after the scheduling meeting.
(d)(1)At the arbitration hearing, the certificated employee shall have the right to appear with a representative of the certificated employees collective bargaining unit, counsel, or both.
(2)The scope of the arbitration hearing shall be limited to both of the following:
(A)The process the school district used in evaluating the certificated employee.
(B)The certificated employees proficiency with the California Standards for the Teaching Profession.
(e)The arbitrator shall issue a decision as to whether or not the certificated employee should be dismissed or suspended within 60 days of the arbitration hearing. The decision of the arbitrator shall be binding.
(f)(1)If the arbitrator determines that the certificated employee should be dismissed or suspended, the governing board of the school district and the state shall share equally the expenses of the arbitration. The state shall pay the reasonable expenses of the arbitrator, including, but not limited to, payments or obligations incurred for travel, meals, and lodging. The Controller shall pay all claims submitted pursuant to this paragraph from the General Fund, and may prescribe reasonable rules, regulations, and forms for the submission of the claims. The certificated employee and the governing board of the school district shall pay their own attorneys fees.
(2)If the arbitrator determines that the certificated employee should not be dismissed or suspended, the governing board of the school district shall pay the expenses of the hearing, including the reasonable expenses of the arbitrator, including, but not limited to, payments or obligations incurred for travel, meals, and lodging and reasonable attorneys fees incurred by the certificated employee.
SEC. 16.Section 44945 of the Education Code is amended to read:44945.(a)The decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934 or 44934.1 may, on petition of either the governing board of the school district or the employee, be reviewed by a court of competent jurisdiction in the same manner as a decision made by a hearing officer under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The court, on review, shall exercise its independent judgment on the evidence. The proceeding shall be set for hearing at the earliest possible date and shall take precedence over all other cases, except older matters of the same character and matters to which special precedence is given by law.
(b)This section shall not apply to a decision reached in a dismissal or suspension proceeding initiated pursuant to Section 44934.2.
SEC. 17.Section 44955 of the Education Code is amended to read:44955.(a)No A permanent employee shall not be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, and no a probationary employee shall not be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive.
(b)Whenever in any (1)If in a school year the average daily attendance in all of the schools of a school district for the first six months in which that school is in session shall have declined below the corresponding period of either of the previous two school years, whenever if the governing board of the school district determines that attendance in a school district will decline in the following year as a result of the termination of an interdistrict tuition agreement as defined described in Section 46304, whenever if a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or whenever if the amendment of state law requires the modification of curriculum, and when in the opinion of if the governing board of the school district determines it shall have become necessary by reason of any of these conditions to decrease the number of permanent employees in the school district, the governing board of the school district may terminate the services of not more than a corresponding percentage of the certificated employees of the school district, permanent as well as probationary, at the close of the school year. Except as otherwise provided by statute, the services of no permanent employee may be terminated under the provisions of this section while any probationary employee, or any other employee with less seniority, is retained to render a service which said permanent employee is certificated and competent to render.In computing a decline in average daily attendance for purposes of this section for a newly formed or reorganized school district, each school of the district shall be deemed to have been a school of the newly formed or reorganized district for both of the two previous school years.
(2)In computing a decline in average daily attendance for purposes of this section for a newly formed or reorganized school district, each school of the school district shall be deemed to have been a school of the newly formed or reorganized school district for both of the two previous school years.
(3)Each school district shall develop a metric that gives equal weight to seniority and teacher effectiveness, as measured by the school district using the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing, to use when determining which permanent school employees to retain. A school district shall not use teacher salary as a factor in this metric.
(4)The governing board of a school district shall terminate certificated employees in the following order:
(A)Probationary employees who have received an evaluation of performance below the satisfactory level as established pursuant to subdivision (c) of Section 44664 in the inverse order of the metric established pursuant to paragraph (3).
(B)Permanent employees who have received two consecutive evaluations of performance below the satisfactory level as established pursuant to subdivision (c) of Section 44664 in the inverse order of the metric established pursuant to paragraph (3).
(C)Probationary employees who have not received an evaluation of performance below the satisfactory level as established pursuant to subdivision (c) of Section 44664 in the inverse order of the metric established pursuant to paragraph (3).
(D)Permanent employees who have not received two consecutive evaluations of performance below the satisfactory level as established pursuant to subdivision (c) of Section 44664 in the inverse order of the metric established pursuant to paragraph (3).
As
(E)As between employees in the same designation pursuant to paragraphs (1) to (4), inclusive, who first rendered paid service to the school district on the same date, date, and demonstrate equivalent teacher effectiveness, the governing board of the school district shall determine the order of termination solely on the basis of needs of the school district and the students thereof. pupils of the school district. Upon the request of any an employee whose order of termination is so determined, the governing board of the school district shall furnish in writing writing, no later than five days prior to before the commencement of the hearing held in accordance with Section 44949, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to the other employees in the group. This The requirement that the governing board of a school district provide, on request, a written statement of reasons for determining the order of termination shall not be interpreted to give affected employees any legal right or interest that would not exist without such a the requirement.
(c)(1)Notice of such the termination of services shall be given before the 15th of May in the manner prescribed in Section 44949, and services of such employees shall be terminated in the inverse of the order in which they were employed, as determined by the board in accordance with the provisions of Sections 44844 and 44845. In the event that 44949. If a permanent or probationary employee is not given the notices and a right to a hearing as provided for in Section 44949, he or she shall be deemed reemployed for the ensuing school year.
The
(2)The governing board of a school district shall make assignments and reassignments in such a manner that employees shall be retained to render any service which their seniority and qualifications seniority, qualifications, and effectiveness entitle them to render. However, prior to before assigning or reassigning any a certificated employee to teach a subject which that he or she has not previously taught, and for which he or she does not have a teaching credential or which that is not within the employees major area of postsecondary study or the equivalent thereof, the governing board of the school district shall require the employee to pass a subject matter competency test in the appropriate subject.
(d)Notwithstanding subdivision (b), subdivisions (b) and (c), a school district may deviate from terminating a certificated employee in order of seniority described in subdivision (b) for either of the following reasons:
(1)The school district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services, which that others with more seniority a higher ranking on the metric developed pursuant to paragraph (3) of subdivision (b) do not possess.
(2)For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws.
(e)To the extent that this section as amended by Assembly Bill 934 of the 201516 Regular Session conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2017, pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the changes made to this section by Assembly Bill 934 of the 201516 Regular Session shall not apply until expiration or renewal of that collective bargaining agreement.
SEC. 18.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.
SECTION 1.Section 11801 is added to the Education Code, to read:11801.With funds appropriated pursuant to subdivision (c) of Section 58 of Assembly Bill 104 of the 201516 Regular Session, the K12 HSN advisory board shall create a program, and offer to enter into an interagency agreement with the Office of the Chancellor of the California Community Colleges, to develop a sustainable training model that provides ongoing professional development to local educational agency staff on all elements of technical support to implement network infrastructure within schools and provide school districts with utilization information for optimal decisions.
With funds appropriated pursuant to subdivision (c) of Section 58 of Assembly Bill 104 of the 201516 Regular Session, the K12 HSN advisory board shall create a program, and offer to enter into an interagency agreement with the Office of the Chancellor of the California Community Colleges, to develop a sustainable training model that provides ongoing professional development to local educational agency staff on all elements of technical support to implement network infrastructure within schools and provide school districts with utilization information for optimal decisions.
SECTION 1.Section 11800 of the Education Code is amended to read:11800.(a)(1)The K12 High-Speed Network (K12 HSN) is hereby established for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth Internet connectivity to the public school system, as defined by Section 6 of Article IX of the California Constitution.
(2)The California Education Network is hereby established, consisting of the California Research and Education Network (CalREN) and the K12 HSN.
(b)The Superintendent shall measure the success of the K12 HSN and ensure that the benefits of the K12 HSN are maximized to the extent possible. The K12 HSN shall provide critical services and functions for public primary and secondary local educational agencies, including, but not limited to, all of the following:
(1)Reliable and cost-effective Internet service.
(2)Reliable and secure interconnectivity among public school entities offering kindergarten or any of grades 1 to 12, inclusive, in California, connection to higher education institutions of California, and connection to state and local agencies to facilitate efficient interaction, including transmission of data.
(3)Videoconferencing and related distance learning capabilities.
(4)Statewide coordination of network uses to benefit teaching and learning.
(c)The Superintendent shall use a competitive grant process to select a local educational agency to serve as the Lead Education Agency to administer the K12 HSN on behalf of the Superintendent.
(d)The Superintendent shall establish a K12 HSN advisory board to be composed of all of the following members:
(1)The Superintendent, or his or her designee.
(2)The county superintendent of schools of the Lead Education Agency.
(3)A county superintendent of schools of a county with an average daily attendance of more than 60,000 pupils, appointed by the Superintendent. The member appointed pursuant to this paragraph shall serve a renewable two-year term.
(4)Three school district superintendents, appointed by the Superintendent. Members appointed pursuant to this paragraph shall represent school districts that are diverse as to geography and size, and that serve socioeconomically and culturally diverse pupil populations. Members appointed pursuant to this paragraph shall serve renewable two-year terms.
(5)Two county superintendents of schools appointed by the majority of the votes of all of the county superintendents of schools. Members appointed pursuant to this paragraph shall serve renewable two-year terms.
(6)Three schoolsite representatives, at least two of whom shall be classroom teachers or instructional specialists.
(7)The president of the state board or his or her designee.
(e)The K12 HSN advisory board shall meet quarterly and shall recommend policy direction and provide broad operational guidance to the Superintendent and the Lead Education Agency. The K12 HSN advisory board, in consultation with the Lead Education Agency, shall develop recommendations for measuring the success of the network, improving network oversight and monitoring, strengthening accountability, and optimizing the use of the K12 HSN and its ability to improve education. The K12 HSN advisory board shall report its recommendations to the Legislature, the Governor, the Department of Finance, the president of the state board or his or her designee, and the Legislative Analysts Office by March 1, 2007. It is the intent of the Legislature that the report identify and recommend specific annual performance measures that should be established to assess the effectiveness of the network.
(f)The K12 HSN advisory board shall, on or before January 1, 2017, do both of the following:
(1)Identify strategies to address the lack of technical expertise at K12 public schools.
(2)Engage all relevant stakeholders to identify strategies to support public schools with, at a minimum, network designs, network implementation, and network maintenance.
(g)The duties of the Lead Education Agency shall include all of the following:
(1)Entering into appropriate contracts for the provision of high-speed, high-bandwidth Internet connectivity, provided that the contracts secure the necessary terms and conditions to adequately protect the interests of the state. Terms and conditions shall include, but are not limited to, all of the following:
(A)Development of comprehensive service level agreements.
(B)Protection of any ownership rights of intellectual property of the state that result due to participation of the state in the K12 HSN.
(C)Appropriate protection of assets of the state acquired due to its participation in the K12 HSN.
(D)Assurance that appropriate fee structures are in place.
(E)Assurance that the interest earned on funds of the state for this purpose are used solely to the benefit of the project.
(2)Development of an annual budget request for the K12 HSN for submission to the department and the Department of Finance to be included in the annual Budget Act.
(3)Development, in consultation with the K12 HSN advisory board established pursuant to subdivision (d), of specific goals and objectives for the program with appropriate reporting of success measures developed by the Superintendent pursuant to subdivision (b).
(4)Ongoing fiscal oversight of the program, including mechanisms to control statewide costs and exposure. To accomplish this objective, the Lead Education Agency shall contract for an annual independent audit of the program. The independent auditor shall report the audit findings to the Superintendent, the Legislature, and the Governor by December 15 of each year.
(5)Ongoing technical oversight of the program, including external evaluation and independent validation, where appropriate. To accomplish this objective, the Lead Education Agency shall contract for an independent evaluation to be completed and provided to the Superintendent by March 1, 2009. The Superintendent shall report the results of the evaluation, including a response and recommendations to correct any adverse findings from the evaluation, to the Governor and the Legislature by April 30, 2009.
(6)(A)Administer grant programs to promote the most cost-effective manner for the completion of connectivity for all public schools of the state and cost-effective applications that meet instructional needs to the extent that funds are provided for these purposes in the annual Budget Act.
(B)Before the appropriation of any state funds for the purposes of this paragraph, the Lead Education Agency shall submit information justifying the need for additional grant funds, including, but not limited to, all of the following:
(i)The number of schools and school districts that are already connected.
(ii)The means by which the costs associated with connectivity were covered for schools and school districts that are already connected.
(iii)Obstacles to connection for those schools and school districts that are not yet connected.
(iv)Other local options and funding sources for purposes of connectivity and applications.
(a)(1)The K12 High-Speed Network (K12 HSN) is hereby established for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth Internet connectivity to the public school system, as defined by Section 6 of Article IX of the California Constitution.
(2)The California Education Network is hereby established, consisting of the California Research and Education Network (CalREN) and the K12 HSN.
(b)The Superintendent shall measure the success of the K12 HSN and ensure that the benefits of the K12 HSN are maximized to the extent possible. The K12 HSN shall provide critical services and functions for public primary and secondary local educational agencies, including, but not limited to, all of the following:
(1)Reliable and cost-effective Internet service.
(2)Reliable and secure interconnectivity among public school entities offering kindergarten or any of grades 1 to 12, inclusive, in California, connection to higher education institutions of California, and connection to state and local agencies to facilitate efficient interaction, including transmission of data.
(3)Videoconferencing and related distance learning capabilities.
(4)Statewide coordination of network uses to benefit teaching and learning.
(c)The Superintendent shall use a competitive grant process to select a local educational agency to serve as the Lead Education Agency to administer the K12 HSN on behalf of the Superintendent.
(d)The Superintendent shall establish a K12 HSN advisory board to be composed of all of the following members:
(1)The Superintendent, or his or her designee.
(2)The county superintendent of schools of the Lead Education Agency.
(3)A county superintendent of schools of a county with an average daily attendance of more than 60,000 pupils, appointed by the Superintendent. The member appointed pursuant to this paragraph shall serve a renewable two-year term.
(4)Four Three school district superintendents, appointed by the Superintendent. Members appointed pursuant to this paragraph shall represent school districts that are diverse as to geography and size, and that serve socioeconomically and culturally diverse pupil populations. Members appointed pursuant to this paragraph shall serve renewable two-year terms.
(5)Two county superintendents of schools appointed by the majority of the votes of all of the county superintendents of schools. Members appointed pursuant to this paragraph shall serve renewable two-year terms.
(6)Three schoolsite representatives, at least two of whom shall be classroom teachers or instructional specialists.
(7)The president of the state board or his or her designee.
(e)The K12 HSN advisory board shall meet quarterly and shall recommend policy direction and provide broad operational guidance to the Superintendent and the Lead Education Agency. The K12 HSN advisory board, in consultation with the Lead Education Agency, shall develop recommendations for measuring the success of the network, improving network oversight and monitoring, strengthening accountability, and optimizing the use of the K12 HSN and its ability to improve education. The K12 HSN advisory board shall report its recommendations to the Legislature, the Governor, the Department of Finance, the president of the state board or his or her designee, and the Legislative Analysts Office by March 1, 2007. It is the intent of the Legislature that the report identify and recommend specific annual performance measures that should be established to assess the effectiveness of the network.
(f)The K12 HSN advisory board shall, on or before January 1, 2017, do both of the following:
(1)Identify strategies to address the lack of technical expertise at K12 public schools.
(2)Engage all relevant stakeholders to identify strategies to support public schools with, at a minimum, network designs, network implementation, and network maintenance.
(f)
(g)The duties of the Lead Education Agency shall include all of the following:
(1)Entering into appropriate contracts for the provision of high-speed, high-bandwidth Internet connectivity, provided that the contracts secure the necessary terms and conditions to adequately protect the interests of the state. Terms and conditions shall include, but are not limited to, all of the following:
(A)Development of comprehensive service level agreements.
(B)Protection of any ownership rights of intellectual property of the state that result due to participation of the state in the K12 HSN.
(C)Appropriate protection of assets of the state acquired due to its participation in the K12 HSN.
(D)Assurance that appropriate fee structures are in place.
(E)Assurance that the interest earned on funds of the state for this purpose are used solely to the benefit of the project.
(2)Development of an annual budget request for the K12 HSN for submission to the department and the Department of Finance to be included in the annual Budget Act.
(3)Development, in consultation with the K12 HSN advisory board established pursuant to subdivision (d), of specific goals and objectives for the program with appropriate reporting of success measures developed by the Superintendent pursuant to subdivision (b).
(4)Ongoing fiscal oversight of the program, including mechanisms to control statewide costs and exposure. To accomplish this objective, the Lead Education Agency shall contract for an annual independent audit of the program. The independent auditor shall report the audit findings to the Superintendent, the Legislature, and the Governor by December 15 of each year.
(5)Ongoing technical oversight of the program, including external evaluation and independent validation, where appropriate. To accomplish this objective, the Lead Education Agency shall contract for an independent evaluation to be completed and provided to the Superintendent by March 1, 2009. The Superintendent shall report the results of the evaluation, including a response and recommendations to correct any adverse findings from the evaluation, to the Governor and the Legislature by April 30, 2009.
(6)(A)Administer grant programs to promote the most cost-effective manner for the completion of connectivity for all public schools of the state and cost-effective applications that meet instructional needs to the extent that funds are provided for these purposes in the annual Budget Act.
(B)Before the appropriation of any state funds for the purposes of this paragraph, the Lead Education Agency shall submit information justifying the need for additional grant funds, including, but not limited to, all of the following:
(i)The number of schools and school districts that are already connected.
(ii)The means by which the costs associated with connectivity were covered for schools and school districts that are already connected.
(iii)Obstacles to connection for those schools and school districts that are not yet connected.
(iv)Other local options and funding sources for purposes of connectivity and applications.
(a)(1)The K12 High-Speed Network (K12 HSN) is hereby established for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth Internet connectivity to the public school system, as defined by Section 6 of Article IX of the California Constitution.
(2)The California Education Network is hereby established, consisting of the California Research and Education Network (CalREN) and the K12 HSN.
(b)The Superintendent shall measure the success of the K12 HSN and ensure that the benefits of the K12 HSN are maximized to the extent possible. The K12 HSN shall provide critical services and functions for public primary and secondary local educational agencies, including, but not limited to, all of the following:
(1)Reliable and cost-effective Internet service.
(2)Reliable and secure interconnectivity among public school entities offering kindergarten or any of grades 1 to 12, inclusive, in California, connection to higher education institutions of California, and connection to state and local agencies to facilitate efficient interaction, including transmission of data.
(3)Videoconferencing and related distance learning capabilities.
(4)Statewide coordination of network uses to benefit teaching and learning.
(c)The Superintendent shall use a competitive grant process to select a local educational agency to serve as the Lead Education Agency to administer the K12 HSN on behalf of the Superintendent.
(d)The Superintendent shall establish a K12 HSN advisory board to be composed of all of the following members:
(1)The Superintendent, or his or her designee.
(2)The county superintendent of schools of the Lead Education Agency.
(3)A county superintendent of schools of a county with an average daily attendance of more than 60,000 pupils, appointed by the Superintendent. The member appointed pursuant to this paragraph shall serve a renewable two-year term.
(4)Three Four school district superintendents, appointed by the Superintendent. Members appointed pursuant to this paragraph shall represent school districts that are diverse as to geography and size, and that serve socioeconomically and culturally diverse pupil populations. Members appointed pursuant to this paragraph shall serve renewable two-year terms.
(5)Two county superintendents of schools appointed by the majority of the votes of all of the county superintendents of schools. Members appointed pursuant to this paragraph shall serve renewable two-year terms.
(6)Three schoolsite representatives, which shall include not less than at least two of whom shall be classroom teachers or instructional specialists.
(7)The president of the state board or his or her designee.
(e)The advisory board shall meet quarterly and shall recommend policy direction and provide broad operational guidance to the Superintendent and the Lead Education Agency. The advisory board, in consultation with the Lead Education Agency, shall develop recommendations for measuring the success of the network, improving network oversight and monitoring, strengthening accountability, and optimizing the use of the K12 HSN and its ability to improve education. The advisory board shall report its recommendations to the Legislature, the Governor, the Department of Finance, the president of the state board or his or her designee, and the Legislative Analysts Office by March 1, 2007. It is the intent of the Legislature that the report identify and recommend specific annual performance measures that should be established to assess the effectiveness of the network.
(f)The duties of the Lead Education Agency shall include all of the following:
(1)Entering into appropriate contracts for the provision of high-speed, high-bandwidth Internet connectivity, provided such that the contracts secure the necessary terms and conditions to adequately protect the interests of the state. Terms and conditions shall include, but are not limited to, all of the following:
(A)Development of comprehensive service level agreements.
(B)Protection of any ownership rights of intellectual property of the state that result due to participation of the state in the K12 HSN.
(C)Appropriate protection of assets of the state acquired due to its participation in the K12 HSN.
(D)Assurance that appropriate fee structures are in place.
(E)Assurance that any the interest earned on funds of the state for this purpose are used solely to the benefit of the project.
(2)Development of an annual budget request for the K12 HSN for submission to the department and the Department of Finance to be included in the annual Budget Act.
(3)Development, in consultation with the advisory board established pursuant to subdivision (d), of specific goals and objectives for the program with appropriate reporting of success measures developed by the Superintendent pursuant to subdivision (b).
(4)Ongoing fiscal oversight of the program, including mechanisms to control statewide costs and exposure. To accomplish this objective, the Lead Education Agency shall contract for an annual independent audit of the program. The independent auditor shall report the audit findings to the Superintendent, the Legislature, and the Governor by December 15 of each year.
(5)Ongoing technical oversight of the program, including external evaluation and independent validation, where appropriate. To accomplish this objective, the Lead Education Agency shall contract for an independent evaluation to be completed and provided to the Superintendent by March 1, 2009. The Superintendent shall report the results of the evaluation, including a response and recommendations to correct any adverse findings from the evaluation, to the Governor and the Legislature by April 30, 2009.
(6)(A)The Lead Education Agency shall administer Administer grant programs to promote the most cost-effective manner for the completion of connectivity for all public schools of the state and cost-effective applications that meet instructional needs to the extent that funds are provided for these purposes in the annual Budget Act.
(B)Before the appropriation of any state funds for the purposes of this paragraph, the Lead Education Agency shall submit information justifying the need for additional grant funds, including, but not limited to, all of the following:
(i)The number of schools and school districts that are already connected.
(ii)The means by which the costs associated with connectivity were covered for schools and school districts that are already connected.
(iii)Obstacles to connection for those schools and school districts that are not yet connected.
(iv)Other local options and funding sources for purposes of connectivity and applications.
|
Date
|
Status
|
|---|---|
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1562.) |
| Aug 1, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jun 29, 2016 | In committee: Set, final hearing. Failed passage. Reconsideration granted. |
| Jun 22, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 17, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| May 3, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Mar 31, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jul 13, 2015 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Jul 2, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on ED. |
| Jun 10, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 4, 2015 | Referred to Com. on ED. |
| Feb 26, 2015 | Read first time. To print. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read second time. Ordered to Consent Calendar. |
| May 13, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13). |
| Apr 30, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 29). Re-referred to Com. on APPR. |
| Apr 21, 2015 | Re-referred to Com. on ED. |
| Apr 20, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 16, 2015 | Referred to Com. on ED. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 29, 2016 | [First] hearing set for [06-29-2016]: Failed passage in Committee. Reconsideration granted | Senate Standing Committee on Education |
Passed |
|
| Jun 29, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Failed |
|
| May 22, 2015 | AB 934 BONILLA Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2015 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Alliance College-Ready Public Schools | * Against | Jun 29, 2016 |
| Aromas - San Juan Unified School District | * Against | Jun 29, 2016 |
| Association Of California School Administrators | * Support | Jun 29, 2016 |
| Bret Harte Middle School | * Against | Jun 29, 2016 |
| California Federation Of Teachers | * Against | Jun 29, 2016 |
| California Parent Teacher Association | * Support | Jun 29, 2016 |
| California School Employees Association | * Indeterminate | Jun 29, 2016 |
| California Teachers Association | * Against | Jun 29, 2016 |
| California Teachers Association | * Support | Jun 29, 2016 |
| Carver Elementary SChool | * Against | Jun 29, 2016 |
| Edvoice | * Against | Jun 29, 2016 |
| El Rancho Unified School District | * Against | Jun 29, 2016 |
| Fremont Unified School District | * Support | Jun 29, 2016 |
| Grace Davis High School | * Against | Jun 29, 2016 |
| Los Angeles Unified School District | * Against | Jun 29, 2016 |
| Marina Del Rey Middle School | * Against | Jun 29, 2016 |
| Mount Diablo High School | * Against | Jun 29, 2016 |
| River Delta Unified School District | * Against | Jun 29, 2016 |
| Salinas High School | * Against | Jun 29, 2016 |
| San Diego Unified School District | * Against | Jun 29, 2016 |
| Stokoe Elementary School | * Against | Jun 29, 2016 |
| Students Matter | * Against | Jun 29, 2016 |
| Teach Plus | * Against | Jun 29, 2016 |
| u California Federation of Teachers | * Against | Jun 29, 2016 |
| u SUPPORT | ** Support | Jun 29, 2016 |
| University High School | * Against | Jun 29, 2016 |
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 934
Author: | Bonilla | ||
Version: | June 22, 2016 Hearing Date: June 29, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Lenin Del Castillo | ||
Subject: Certificated school employees
NOTE: This bill has been amended to replace its contents and this is the first time the bill is being heard in its current form.
SUMMARY
This bill extends the existing probationary period for certificated employees from two years to three years while requiring school districts to provide mentoring and coaching for teachers in their third year of probation. This bill also authorizes school districts to negotiate an alternative teacher dismissal process. Finally, this bill provides additional requirements regarding the evaluation and training of school principals.
BACKGROUND
Existing law:
- Establishes the Stull Act which expresses legislative intent that school districts and county governing boards establish a uniform system of evaluation and assessment of certificated personnel. With the exception of certificated personnel who are employed on an hourly basis to teach adult education classes, the Stull Act requires school districts to evaluate and assess teacher performance as it reasonably relates to the progress of pupils toward district-adopted and, if applicable, state-adopted academic content standards as measured by state-adopted criterion referenced tests; 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.
(Education Code § 44660, et seq.)
- Requires an evaluation and assessment of the performance of each certificated employee to be made at least once each school year for probationary personnel, at least every other year for personnel with permanent status, and at least every five years for permanent employees who have been employed with the district at least 10 years and were rated as meeting or exceeding standards in their previous evaluation. Teachers who receive an unsatisfactory rating may be required to participate in a program designed to improve the employee’s performance and to further pupil achievement and the instructional objectives of the district. However, if the district participates in the Peer Assistance and Review (PAR) program, then the teachers who receive an unsatisfactory rating are required to participate in that program. (EC § 44664)
- Establishes the Peer Assistance and Review (PAR) program for teachers by authorizing school districts and the exclusive representative of the certificated employees to develop and implement the program locally. The PAR programs are to include multiple observations of a teacher during periods of classroom instruction and sufficient staff development activities to assist a teacher in improving his or her skills and knowledge. The final evaluation of a teacher’s participation in the program is made available for placement in his or her personnel file. (Education Code § 44505)
- Provides that a probationary employee becomes a permanent employee after completing two consecutive school years in a position requiring certification. School districts must notify probationary employees of a decision to elect or non-elect for permanent status by March 15th of the employee’s second consecutive year of employment by the district. During the period of probation, an employee may be dismissed without cause. (EC § 44929.21)
- Requires school districts to provide preliminary notification to a permanent employee that his or her services will not be required for the ensuing year no later than March 15th and provide final notification of termination of his or her services by May 15th.
- Allows permanent employees that receive a preliminary layoff notice to request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and students. Copies of the proposed decision, which is not binding on the governing board, shall be submitted to the governing board and to the employee on or before May 7th. (EC § 44949)
- Prohibits the dismissal of a certificated employee who has achieved permanent status except for one or more causes that are specified in statute, including immoral or unprofessional conduct, dishonesty, unsatisfactory performance, and the conviction of a felony or of any crime involving moral turpitude. Current law also requires a governing board to notify an employee in writing of its intention to dismiss or suspend him or her at the expiration of 30 days unless the employee demands a hearing. Current law prohibits a 30-day notice of Intent to Dismiss or Suspend from being issued between May 15th and September 15th in any year. (EC § 44932, § 44934 and § 44936)
- Establishes additional notice requirements that school districts must follow when seeking to suspend or dismiss an employee for unprofessional conduct or unsatisfactory performance, as specified, including advance notice of at least 45 days for unprofessional conduct and advance notice of at least 90 days for unsatisfactory performance. (EC § 44938)
- Authorizes the immediate suspension of a permanent employee for specified conduct including: immoral conduct, conviction of a felony or any crime involving
moral turpitude, incompetency due to mental disability, and willful refusal to perform regular assignments without reasonable cause.
(EC § 44939)
- Specifies various requirements regarding dismissal or suspension proceedings, including the requirement that a hearing be conducted by a commission on professional competence made up of three members, as specified.
(EC § 44944)
- Specifies that the criteria for effective school principal evaluations may be based upon the California Professional Standards for Educational Leaders, which identify a school administrator as being an educational leader who promotes the success of all pupils through leadership that fosters specified components, including a shared vision, effective teaching and learning, management and safety, and professional and ethical leadership. (EC § 44671)
ANALYSIS
This bill:
- Amends provisions in the Government Code to authorize a school district and the exclusive representative, upon request of either party, to meet and negotiate regarding causes and procedures for the dismissal of certificated employees as an alternative to the various dismissal provisions that currently exist in Education Code § 44944.
- Provides that a highly certificated employee who after being employed for three consecutive years by a school district or county superintendent of schools in a teaching position is reelected for the next succeeding school year shall be classified as and become a permanent employee.
- Provides that a certificated employee who is reelected to a third complete consecutive year shall continue to participate in the mentoring relationship with the support and professional development providers initiated during the California beginning teacher support and assessment program pursuant to Section 44279.2. Provides that the employee is not required to continue other aspects of the program during his or her third year.
- Provides that a certificated employee who had previously been granted permanent status by another school district or county superintendent of schools and who is further reelected and employed during the succeeding school year shall upon reelection for the next succeeding school year to a position requiring certification qualifications be classified as and become a permanent employee, as specified.
- Makes conforming changes regarding the extension of the probationary period to three years for certificated employees, as specified, to the various statutory provisions for school district interns.
- Provides that to the extent the bill’s provisions conflicts with a provision of an existing collective bargaining agreement as specified, the changes made by this bill shall not apply until expiration or renewal of that collective bargaining agreement.
- Defines a highly effective certificated employee, as specified.
- Requires the individualized program requirement for the professional services credential with a specialization in administrative services to include training on how to properly and effectively evaluate certificated employees. Provides that a credential candidate shall complete the individualized program during the first two years of experience in a full-time administrative position.
- Encourages school districts to create a one-year principal or vice principal support program allowing a highly effective school administrator, as determined by the school district, to support a principal or vice principal demonstrating unsatisfactory performance, who has completed the individualized program for a professional services credential and who is demonstrating unsatisfactory performance, as determined by the school district, to become proficient in the California Professional Standards for Educational Leaders.
- Requires each school district to create a multiple-day administrator training program on how to evaluate teachers. The program shall only be completed by principals, vice principals, or assistant principals, as applicable, who evaluate teachers.
- Provides that school districts may identify who will conduct the evaluation of each school vice principal, and assistant principal.
- Requires that every school principal, vice principal, and assistant principal be evaluated annually for the first and second year of employment in that capacity. Provides that additional evaluations that occur outside of the regular intervals determined by the governing board of the school district may be agreed upon between the evaluator and principal, vice principal, or assistant principal. Allows principals or vice principals to review school success and progress throughout the year.
- Requires the superintendent of a school district to annually submit a report to the governing board of the school district outlining his or her plan for the evaluation and support of principals, vice principals, and assistant principals.
- Specifies the intent of the Legislature that every school principal, vice principal, and assistant principal shall be evaluated as frequently as necessary to ensure that they are satisfactorily proficient in the California Professional Standards for Educational Leaders and are performing effective evaluations of teachers.
- Requires the criteria for principal, vice principal and assistant principal evaluations to be based upon the California Professional Standards for Educational Leaders, as specified.
STAFF COMMENTS
- Need for the bill. According to the author’s office, “teaching is one of the most important professions a person can pursue. It is both a calling and a career. It requires significant devotion, a willingness to work long hours, and the ability to balance the demands of students, parents, and administrators. Becoming a highly effective teacher is an intensive process. Unfortunately, as the need for talented teachers continues to grow, current and former teachers remain discouraged by difficult working conditions and a desperate need of additional support and professional development. According to the Greatness By Design report written by the Superintendent of Public Instruction Tom Torlakson’s Task Force on Educator Excellence, ‘local school districts hire teaching candidates and decide what support, if any, to provide on the job. Additional training is a patchwork of overlapping efforts. Observations and evaluations have been haphazard and inconsistent – and quite disconnected from the initial training teachers receive. And if the system fails, we blame the teacher.”
- Extending the probationary period. This bill requires the probationary period for certificated staff to last for three years, which is an increase of one year over the existing two-year period. For the third year of probation, school districts would be required to provide additional support and training for these teachers. According to the author’s office, “a new teacher is on probation for the first eighteen months. During that time, they receive mentorship and training through the Beginning Teacher Support and Assessment (BTSA) program. At the conclusion of BTSA, the teacher is either hired permanently, or released. This process does not acknowledge that some teachers need more than 18 months of support. AB 934 solves this problem by creating a high-performing culture where teachers are given the tools and support to become exemplary performing educators.”
Currently, during the two-year probationary period, the law does not require a school district to demonstrate cause or provide due process for employees that are fired within this period. This would remain unchanged for the third year of probation under this measure. While the bill provides additional time for school districts to evaluate whether a new teacher is effective or not and more opportunity for the teacher to improve his or her skills, the Committee may wish to consider whether extending the probationary period is reasonable absent a requirement for school districts to indicate a reason for not electing to keep the teacher and not affording that teacher with due process rights.
Additionally, while the bill requires the mentoring and coaching aspect of BTSA to continue for the third year of probation, not every school district utilizes BTSA as its induction program for new teachers. Induction continues to be the primary route for earning a clear teaching credential for new teachers, but school districts may use other induction programs approved by the Commission on Teacher Credentialing. For this reason, staff recommends that the bill’s requirement regarding the mentoring and coaching aspect of Beginning Teacher Support and Assessment (BTSA) be broadened to include mentoring and coaching consistent with the induction program that the school district currently participates in.
- Recent teacher dismissal reforms. AB 215 (Buchanan, Chapter 55, Statutes of 2014) modified the dismissal procedures for certificated employees and was intended to reduce the timeframe associated with these proceedings in order to save school districts time and money. For all dismissal proceedings, except those initiated pursuant to the accelerated process for egregious misconduct, the bill included several reforms such as removing the summer moratorium on issuing 30-day notices for teacher misconduct cases, accelerating the timeframe for which hearings shall commence, shortening the timeline to complete a hearing, limiting the discovery process, and limiting the motions to amend charges.
AB 215 also created a bifurcated teacher dismissal process by establishing separate procedures for cases involving employees accused of egregious misconduct such as sexual abuse, child abuse, and certain drug crimes. The hearings based on charges of egregious misconduct would be conducted by an administrative law judge only instead of the traditional three-person commission on professional competence.
Given that these dismissal reforms have only been in place for less than two years, the Committee may wish to consider whether it is either premature or necessary at this point to make any changes regarding teacher dismissal. However, to the extent that the existing statutory provisions need further improvement and a school district and its local union are able to negotiate their own unique dismissal procedures (perhaps in conjunction with a peer assistance and review program), that bill would provide that option. Note that the bill’s provision would not be a requirement. School districts and their local unions would simply be authorized to negotiate an alternative if they elect to do so.
- School administrator provisions. The bill specifies additional requirements that are intended to increase school administrator accountability and leadership development. Specifically, the bill requires superintendents to use the California Professional Standards for Educational Leaders to evaluate their administrators and also requires school principals and vice principals to complete a training program on how to evaluate teachers. The bill also encourages districts to develop a peer assistance and review program for struggling principals and vice principals.
The Association of California School Administrators and the California School Boards Association indicate several concerns regarding these provisions. First, the bill requires training in employee evaluations for individuals that may not be involved with these assessments. Additionally, the bill limits the flexibility around the length of training and when it must be completed. Further, the Association of California School Administrators indicates that the requirement to develop the administrator training program on how to properly evaluate teachers would be
extremely costly and should be accompanied by resources to support the program along with allowing the district to determine how long the training should be.
- Vergara v. California. The Vergara case was filed here in California by nine public school children from around the state in May 2012. The case challenges various state employment provisions of the education code related to the way the teacher workforce is managed, including seniority and last in, first statutes, and whether they protect incompetent teachers and disproportionately hurt low-income and minority children. The plaintiffs argue that these laws play out in classrooms and schools in ways that violate students’ rights to access equal education under the California constitution. A decision was reached in August 2014 with the plaintiffs prevailing. However, the decision was appealed and the state appeals court reversed the trial court’s decision on April 14, 2016. The plaintiffs subsequently filed petition for review with the Supreme Court on May 24, 2016. Depending on the outcome, the Vergara case could potentially impact the same provisions of the Education Code that this bill proposes to amend.
- Related and prior legislation.
AB 2826 (Weber) specifies additional measures of pupil progress, instructional techniques, and strategies, and adherence to curricular objectives that school districts may use for purposes of teacher evaluation. This bill is scheduled to be heard in this Committee on June 29, 2016.
SB 499 (Liu, 2015) repeals and replaces various provisions of existing law governing the evaluation of certificated employees and also requires school districts to implement a best practices teacher evaluation system, as specified. This bill is pending in the Assembly Education Committee.
AB 575 (O’Donnell, 2015) requires school districts to implement teacher and administrator evaluation systems. This measure is pending in the Senate Education Committee.
AB 1495 (Weber, 2015) proposes various changes to the certificated employee evaluation system known as the Stull Act. This measure failed passage in the Assembly Education Committee.
AB 1078 (Olsen, 2015) would also make changes to the certificated employee evaluation system. This measure failed passage in the Assembly Education Committee.
AB 215 (Buchanan, Chapter 55, Statutes of 2014) modified the dismissal procedures for certificated employees who have attained permanent status and established a separate set of dismissal processes for employees charged only with egregious misconduct.
SB 441 (Calderon, 2013) proposed to amend various provisions of existing law governing the evaluation of certificated employees by requiring the evaluations to use multiple measures, including a minimum of four rating levels, increasing the frequency of evaluations for teachers with 10 or more years of experience in a school district from every five years to every three years, and requiring school districts to consider the findings of sessions, surveys, and specific focus groups by subject matter and grade level from parents of pupils. SB 441 failed passage in this Committee on May 1, 2013.
SB 453 (Huff, 2013) would have authorized the governing board of a school district to evaluate and assess the performance of certificated employees using a multiple-measures evaluation system, authorized school districts to make specified employment decisions based on teacher performance, and expanded the reasons districts may deviate from the order of seniority in terminating and reappointing teachers. This bill failed passage in this Committee on April 24, 2013.
SB 1292 (Liu, Chapter 435, Statutes of 2012) authorized the evaluation of school principals based on the California Professional Standards for Educational Leaders as well as evidence of pupil academic growth, effective and comprehensive teacher evaluations, culturally responsive instructional strategies, the ability to analyze quality instructional strategies and provide effective feedback, and effective school management.
AB 5 (Fuentes, 2012) would have repealed and replaced various provisions of existing law governing the evaluation of certificated employees and required school districts to implement a best practices teacher evaluation system. This measure failed passage on the Senate floor.
SUPPORT
Association of California School Administrators
OPPOSITION
California Federation of Teachers
California Teachers Association
Service Employees International Union
Teach Plus
-- END --
AB 934
Page 2
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 934
(Bonilla) – As Amended April 20, 2015
Policy Committee: |
Education |
Vote: |
6 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the K–12 High Speed Network (HSN) advisory board, on or before January 1, 2017, to identify strategies to address the lack of technical expertise at K–12 public schools and engage all relevant stakeholders to identify strategies to support public schools with, at a minimum, network designs, network implementation, and network maintenance.
FISCAL EFFECT:
Minor/absorbable costs to the K-12 HSN (administered by the Imperial County Office of Education) for the advisory board to meet and identify strategies to support network connectivity and infrastructure.
COMMENTS:
Background. Current law establishes the K–12 HSN to provide high-speed, high-bandwidth Internet connectivity to the public school system. The Superintendent of Public Instruction (SPI) is required to measure the success of the K–12 HSN and ensure that the benefits of the K–12 HSN are maximized to the extent possible. HSN is tasked with providing specific services and functions, including: reliable and cost-effective Internet service; reliable and secure interconnectivity among K-12 public schools, connection to higher education institutions of California, and connection to state and local agencies to facilitate efficient interaction, including transmission of data; videoconferencing and related distance learning capabilities; and statewide coordination of network uses to benefit teaching and learning.
The SPI is tasked with establishing an advisory board to the K-12 HSN composed of the SPI, county superintendent of schools, as specified, school site representatives and the president of the State Board of Education. The advisory committee meets quarterly to recommend policy direction and recommendations for measuring the success of the network, improving network oversight and monitoring, strengthening accountability, and optimizing the use of the K–12 HSN and its ability to improve education.
Purpose. The 2014 Budget Act directed the K-12 HSN to prepare a report to evaluate network connectivity and infrastructure. This report, released April 17, 2015 made five key observations.
The quality of technical support of network infrastructure varies among districts and county offices of education and could be improved.
California’s K-12 public schools lack access to last and middle mile infrastructure.
Some school sites in California cannot fully utilize their last mile connection because their internal infrastructure is inadequate.
State and national reports call for expanded broadband capacity to meet 21st Century goals for teaching, learning and assessment.
Data collection on connectivity in K-12 schools is inconsistent, impacting planning efforts in school districts and county offices of education.
This bill builds on the recommendations in the April 2015, report and requires the K–12 High Speed Network (HSN) advisory board to identify strategies to address the lack of technical expertise at K–12 public schools.
Governor's Budget Proposal. The Governor's January Budget proposes to provide $100 million in one-time Proposition 98 funding to support Internet connectivity and infrastructure for schools through the existing Broadband Infrastructure Improvement Grants (BIIG) program, established as part of the 2014 Budget Act. The Governor also proposes to use $8.8 million from the K-12 HSN reserve funds to provide BIIG grants in 2015-16. This would reduce the HSN reserve from $14.3 to $5.5 million, bringing the reserve to 32% of their total budget.
The LAO notes several concerns with the Governor's proposal and, among other things, recommends the Legislature not provide the K-12 HSN with a new Proposition 98 General Fund budget appropriation in 2015-16, and instead require the HSN to use $8.3 million in reserve funds for 2015-16 operations. They further recommend the Legislature evaluate an appropriate reserve level for future budget years. Both the Assembly and Senate budget committees have held the issue open pending May Revision updates.
Analysis Prepared by: Misty Feusahrens / APPR. / (916) 319-2081
AB 934
Page 4
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 934
(Bonilla) – As Amended April 20, 2015
SUBJECT: Education technology: K–12 High-Speed Network: advisory board duties
SUMMARY: Requires the K–12 High Speed Network (HSN) advisory board, on or before January 1, 2017, to identify strategies to address the lack of technical expertise at K–12 public schools and engage all relevant stakeholders to identify strategies to support public schools with, at a minimum, network designs, network implementation, and network maintenance.
EXISTING LAW:
Establishes the K–12 HSN for the purpose of enriching pupil educational experiences and improving pupil academic performance by providing high-speed, high-bandwidth Internet connectivity to the public school system.
Requires the Superintendent of Public Instruction to measure the success of the K–12 HSN and ensure that the benefits of the K–12 HSN are maximized to the extent possible.
Requires the K–12 HSN to provide critical services and functions for public primary and secondary local educational agencies, including, but not limited to, all of the following:
Reliable and cost-effective Internet service;
Reliable and secure interconnectivity among public school entities offering kindergarten or any of grades 1 to 12, inclusive, in California, connection to higher education institutions of California, and connection to state and local agencies to facilitate efficient interaction, including transmission of data;
Videoconferencing and related distance learning capabilities; and
Statewide coordination of network uses to benefit teaching and learning.
Requires the SPI to use a competitive grant process to select a local educational agency to serve as the Lead Education Agency to administer the K–12 HSN on behalf of the Superintendent and to establish a K–12 HSN advisory board to be composed of all of the following members:
The SPI, or his or her designee;
The county superintendent of schools of the Lead Education Agency;
A county superintendent of schools of a county with an average daily attendance of more than 60,000 pupils, appointed by the SPI. The member appointed pursuant to this paragraph shall serve a renewable two-year term;
Three school district superintendents, appointed by the SPI. Members appointed pursuant to this paragraph shall represent school districts that are diverse as to geography and size, and that serve socioeconomically and culturally diverse pupil populations. Members appointed pursuant to this paragraph shall serve renewable two-year terms;
Two county superintendents of schools appointed by the majority of the votes of all of the county superintendents of schools. Members appointed pursuant to this paragraph shall serve renewable two-year terms;
Three schoolsite representatives, at least two of whom shall be classroom teachers or instructional specialists; and
The president of the state board or his or her designee.
Requires the advisory to meet quarterly and to:
Recommend policy direction and provide broad operational guidance to the SPI and the Lead Education Agency;
Develop recommendations for measuring the success of the network, improving network oversight and monitoring, strengthening accountability, and optimizing the use of the K–12 HSN and its ability to improve education; and
Report its recommendations to the Legislature, the Governor, the Department of Finance, the president of the state board or his or her designee, and the Legislative Analyst’s by Office by March 1, 2007.
FISCAL EFFECT: Unknown
COMMENTS: The SPI has selected the Imperial County Office of Education to serve as the Lead Education Agency to administer the K-12 HSN. The mission of the network is to enable educators, students and staff across the state to have access to a reliable high speed network that has the capacity to deliver high quality online resources to support teaching and learning and promote academic achievement.
Language in the 2014 Budget Act directed the network to prepare a report to include all of the following:
An assessment of existing network connectivity infrastructure that takes student population at respective school sites into consideration and compares existing Internet usage and speeds with those required to implement the computer-based assessments included in the state’s assessment system;
All alternative network connectivity options that take geography, isolation, student population, and cost into consideration;
Available infrastructure that will expand broadband capacity with minimal future costs;
Federal, state, and local funding that has been invested in the past and may be available in the future for network connectivity infrastructure or to expand broadband capacity at respective school sites, including state funding for academic content standards implementation that will support Internet infrastructure upgrades; and
A detailed estimate of the costs associated with upgrading Internet infrastructure to implement the computer-based assessments included in the state’s assessment system.
This report was due March 1, 2015, and was released April 17, 2015
The report makes the following "key observations and possible strategies:"
Key Observation 1: The quality of technical support of network infrastructure varies among districts and county offices of education and could be improved.
Possible Strategies:
Identify and disseminate best practices for improving the quality of technical support.
Educate the field about accessing additional funding from broadband subsidy programs to support connectivity improvements.
Document and share the impact of these improvements on teaching, learning, assessment and school administration.
Key Observation 2: California’s K-12 public schools lack access to last and middle mile infrastructure.
Possible Strategies:
Implement last mile solutions for un-served sites identified during the Broadband Infrastructure Improvement Grant (BIIG) program.
Provide funding for upgraded connectivity for a new group of school sites that do not currently have the capacity to administer computer based assessments.
Develop a plan for middle mile infrastructure that would benefit schools and communities with last mile challenges.
Key Observation 3: Some school sites in California cannot fully utilize their last mile connection because their internal infrastructure is inadequate.
Possible Strategy:
Provide assistance with improving local broadband infrastructure inside schools.
Key Observation 4: State and national reports call for expanded broadband capacity to meet 21st Century goals for teaching, learning and assessment.
Possible Strategies:
Broaden the conversation about high-speed broadband in K-12 schools in California related to the goals set forth in national reports.
Align work in California to take advantage of support at the federal level.
Key Observation 5: Data collection on connectivity in K-12 schools is inconsistent, impacting planning efforts in school districts and county offices of education.
Possible Strategies:
Create a mechanism for collecting real-time data related to technology infrastructure in the classroom.
Pilot a small, voluntary network performance-reporting program.
Need for this bill. According to the author's office, the current mandate of the K-12 HSN is sufficient to address most of the areas of need identified in the report, but "it does not go far enough to require K-12 HSN to specifically target the problem of lack of technical support and need for assistance in network designs. Under current law, K-12 HSN can meet its mandate, yet schools could continue to have good networks that are poorly maintained or that are not well utilized by educators. By directing the K-12 HSN to evaluate this problem, which was clearly identified in its newest April 2015 report, we can focus existing resources and highlight this issue on a state level. While one could argue improving technical expertise and support is a subset of K-12 HSN’s mission to optimize the use of the network, [this bill] pulls out technical expertise out of this broad responsibility to ensure that everyone is interpreting this clause in the same way and that this item does not go short on attention."
REGISTERED SUPPORT / OPPOSITION:
Support
None received
Opposition
None received
Analysis Prepared by: Rick Pratt / ED. / (916) 319-2087
Bill Author
Bill Co-Author(s):