California Assembly Bill AB934 Amended / Bill

 BILL NUMBER: AB 934AMENDED BILL TEXT AMENDED IN SENATE MARCH 31, 2016 AMENDED IN SENATE JULY 2, 2015 AMENDED IN ASSEMBLY APRIL 20, 2015 INTRODUCED BY Assembly Member Bonilla FEBRUARY 26, 2015 An act to  amend Sections 44664, 44670, 44671, 44885.5, 44929.21, 44934, 44937, 44938, 44943, 44944.05, 44945, and 44955 of, to amend t   he heading of Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of, to  add  Section 11801 to   Sections 44934.2 and 44944.2 to, and to add Articles 4.6 (commencing with Section 44520) and 4.7 (commencing with Section 44550) to Chapter 3 of Part 25 of Division 3 of Title 2 of,  the Education Code, relating to  education technology.   certificated school employees.  LEGISLATIVE COUNSEL'S DIGEST AB 934, as amended, Bonilla.  Education technology: K-12 High-Speed Network: professional development.   Certificated school employees.   (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 employee's performance in the area of teaching methods or instruction to participate in a program designed to improve appropriate areas of the employee's 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 employee's 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 K-12 High-Speed Network (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 schools. Existing law requires the Superintendent of Public Instruction to establish a K-12 HSN advisory board composed of various members.   This bill would require the K-12 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.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   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:   Article 4.6. District-Designed Teacher Support Programs 44520. (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:   Article 4.7. District-Designed Administrator Support Programs 44550. 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  employee's performance and endeavor to assist the employee in his or her performance. If any permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the employee until the employee achieves a positive evaluation or is separated from the  school  district.  (c) Any evaluation performed pursuant to this article which contains an unsatisfactory rating of an employee's performance in the area of teaching methods or instruction may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the employee's 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 employee's performance and to further pupil achievement and the instructional objectives of the employing authority.   (2)     If  a  school  district participates in the  California  Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500),  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 2015-16 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 2015-16 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:  Article 13. Principal  and Vice Principal  Evaluation System  SEC. 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 superintendent's 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 employee's 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  employee's  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 2015-16 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 2015-16 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 1983-84 fiscal year. (b)  Every   A   highly effective certific   ated  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 employee's 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 employee's 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 employee's 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 2015-16 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 2015-16 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 1983-84 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 Se   ction 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  board's   board of the school district's  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 employee's 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 party's disclosures. A party's 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 party's 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 party's failure to make full and timely expert witness disclosures shall preclude the party's 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 district's 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 employee's 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 employee's 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 employee's 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 attorney's 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 attorney's 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 employee's 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 2015-16 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 2015-16 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 2015-16 Regular Session, the K-12 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.