California Assembly Bill AB934 Amended / Bill

 BILL NUMBER: AB 934AMENDED BILL TEXT AMENDED IN SENATE MAY 17, 2016 AMENDED IN SENATE MAY 3, 2016 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 1296,  44270, 44270.1,  44664, 44670, 44671, 44830.1, 44885.5, 44901, 44929.21, 44929.23, 44934, 44937, 44938, 44943, 44944.05, 44945, and 44955 of, to amend the heading of Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of, to add Sections 44934.2 and 44944.2 to, and to add Article 4.6 (commencing with Section 44520) and Article 4.7 (commencing with Section 44550) to Chapter 3 of Part 25 of Division 3 of Title 2 of, the Education Code,  and to amend Section 3543.2 of the Government Code,  relating to certificated school employees. LEGISLATIVE COUNSEL'S DIGEST AB 934, as amended, Bonilla. 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   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 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 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   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 1983-84 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 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  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 employee's 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 employee's 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 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. (g) Subdivisions (b) to (f), inclusive, shall apply only to probationary employees whose probationary period commenced during the 1983-84 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: Article 4.6. District-Designed Teacher Support Programs 44520. (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: 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  who has completed the individualized program for a professional services credential with a specialization in administrative s   ervices 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 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  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 employee's performance and to further pupil achievement and the instructional objectives of the employing authority. (2) If a school district participates in the California Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), a certificated employee who receives 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 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. 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: Article 13. Principal and Vice Principal Evaluation System  SEC. 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 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.   Leaders and are performing effective evaluations of t   eachers.   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 employee's 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 person's 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 employee's 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 employee's original application for credential was accompanied by that person's 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 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  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 employee's 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 employee's 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 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. 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 1983-84 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 employee's 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 1983-84 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 1983-84 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 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  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 employee's 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 employee's fourth s   chool 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 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. (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. 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 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. 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 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 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 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   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 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) (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, including, but not limited to, whether the school district's evaluation conformed with Article 11 (commencing with Section 44660) of Chapter 3.  (B) The certificated employee's 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 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. 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 employee's 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 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 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 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. 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 employer's 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.