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AB-1164 School district annual budgets and certificated school employees.(2017-2018)

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Date Published: 07/06/2017 09:00 PM
AB1164:v95#DOCUMENT

Amended  IN  Senate  July 06, 2017
Amended  IN  Assembly  May 26, 2017
Amended  IN  Assembly  April 18, 2017
Amended  IN  Assembly  March 27, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1164


Introduced by Assembly Member Thurmond

February 17, 2017


An act to amend Section 8212 of the Education Code, and to amend Section 11460 of, and to add Section 11461.6 to, the Welfare and Institutions Code, relating to foster care. An act to amend Sections 1296, 42127.01, 44500, 44929.21, 44948.3, and 44948.5 of, and to add Section 44948.6 to, the Education Code, and to amend Section 3543.2 of the Government Code, relating to public school administration.


LEGISLATIVE COUNSEL'S DIGEST


AB 1164, as amended, Thurmond. Foster care placement: funding. School district annual budgets and certificated school employees.
(1) Existing law, unless the school district is granted an exemption, limits the amount of the combined assigned or unassigned ending fund balance contained in a school district’s annual budget in any fiscal year immediately after a fiscal year in which a transfer is made into the Public School System Stabilization Account, and establishes a formula for calculating the maximum amount allowable for school districts with less than 400,000 units of average daily attendance, and a formula for school districts with more than 400,000 units of average daily attendance, as specified.
This bill would instead make that limitation applicable in a fiscal year immediately after a fiscal year in which the amount of moneys in the Public School System Stabilization Account are equal to or exceed 3% of the combined total of General Fund revenues appropriated for school districts and allocated local proceeds of taxes, as specified, for that fiscal year. The bill would instead provide that the school district’s budget shall not contain a combined assigned or unassigned ending general fund balance, as defined, in excess of 10% of those funds. The bill would exclude from the requirements of those provisions basic aid school districts, as defined, and small school districts, as defined. To the extent the bill would impose additional duties on school districts, the bill would impose a state-mandated local program.
The bill would require the Superintendent of Public Instruction to notify school districts and county offices of education whenever the conditions specified above are met. The bill would also require the Superintendent to notify school districts and county offices of education when those conditions no longer exist.
(2) Existing law requires, 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 2 complete consecutive school years by a county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, is reelected for the next succeeding school year to a teaching position to be classified as a permanent employee of the county superintendent of schools. Existing law requires an employee of a school district with an average daily attendance of 250 pupils or more who, after having been employed by the school district for 2 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, at the commencement of the succeeding school year, to be classified as a permanent employee of the school district. Existing law establishes the California Peer Assistance and Review Program for Teachers to assist teachers by setting forth performance goals, providing multiple observations of the teacher during periods of classroom instruction, and encouraging a cooperative relationship between the consulting teacher and the principal with respect to a process of peer assistance and review.
This bill would instead authorize a county superintendent of schools and the governing board of a school district to offer an employee in a position or positions requiring certification qualifications a 3rd complete consecutive school year as a probationary employee if certain requirements are met. The bill would require the governing board of a school district and a county superintendent of schools that decides to offer a 3rd complete consecutive school year of probationary employment to refer the probationary employee to a California Peer Assistance and Review Program for Teachers. The bill would require each governing board of a school district and each county superintendent of schools to annually report to the Commission on Teacher Credentialing on the number of probationary employees offered a 3rd year of probationary employment and the number of 3rd year probationary employees dismissed during the school year, and would require the commission to annually compile and submit this information in a single report to the appropriate policy committees of the Legislature, the Governor, and the Legislative Analyst’s Office by August 1. By imposing additional duties on local educational agencies, the bill would impose a state-mandated local program.
The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2018, by a public school employer and an exclusive bargaining representative, these provisions shall not apply until the expiration or renewal of that collective bargaining agreement.
(3) Existing law establishes separate procedures for the dismissal of probationary certificated employees whose probationary period commenced before the 1983–84 fiscal year. Existing law requires, among other things, that a determination not to reemploy a probationary certificated employee whose probationary period commenced before the 1983–84 fiscal year for the ensuing school year be for cause only.
This bill would apply these provisions governing the dismissal of probationary certificated employees whose probationary period commenced before the 1983–84 fiscal year to 3rd year probationary employees of a school district or county superintendent of schools. The bill would authorize, notwithstanding this provision, a county superintendent of schools or the governing board of a school district with an average daily attendance of 250 pupils or more who employs a 3rd year probationary employee to establish, upon mutual agreement of the public school employer and an exclusive bargaining representative, an alternative process through which a 3rd year probationary employee may challenge his or her nonreelection to certificated employment, as specified.
(4) This bill would also make conforming changes and various nonsubstantive changes.
(5) 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 the statutory provisions noted above.

Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Existing law defines “care and supervision” to include, among others, food, clothing, shelter, and daily supervision.

This bill would establish the Emergency Child Care Bridge Program for Foster Children (bridge program). The bill would authorize, contingent upon an appropriation in the annual Budget Act for these purposes, county welfare departments to administer the bridge program and distribute vouchers, or payment, for child care for an eligible child who is placed with an approved resource family, a licensed or certified foster family, or an approved relative or nonrelative extended family member, or who is the child of a young parent involved in the child welfare system. The bill would require, for counties that choose to participate, that county welfare departments determine eligibility for the bridge program and provide monthly payment either directly to the family or to the child care provider or provide a monthly voucher for child care, in an amount that is commensurate with the regional market rate, for up to 6 months following the child’s placement or for up to 6 months for a child whose parent is in foster care, unless the child and family are able to access long-term, subsidized child care prior to the end of the 6-month period. The bill would allow eligibility for a child care payment or voucher to be extended for 6 months, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized child care during the initial 6-month period. The bill would require that each child receiving a monthly child care payment or voucher be provided with a child care navigator, as specified, and would authorize the county to establish local priorities in the implementation of the bridge program.

Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state and establishing child care resource and referral programs to serve a defined geographic area.

This bill would require, contingent upon an appropriation in the annual Budget Act for these purposes, each child care resource and referral program to provide a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system. The bill would also require, contingent upon an appropriation in the annual Budget Act, the child care resource and referral program to provide trauma-informed training and coaching to child care providers working with children and the children of parenting youth in the foster care system.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 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 two 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 this type of position in those schools or classes, classes shall be classified as and become a permanent employee of the county superintendent of schools. schools, unless the county superintendent of schools offers that employee a third complete consecutive school year of employment as a probationary employee pursuant to paragraph (2).

This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year.

Such an employee shall have the same rights and duties as employees of school districts to which Section 44882 applies. Sections 44841, 44842, 44882, 44948.3, and 44948.5 are applicable to these employees.

(b) If the average daily attendance of the schools and classes maintained by a

(2) The county superintendent of schools is 250 shall notify the employee, on or more, each person who, after being employed for two before March 15 of the employee’s second complete consecutive school years year of employment by the county superintendent of schools in a teaching position in those schools or classes maintained by the county superintendent of schools requiring certification qualifications and whose salary is paid from qualifications, of the county school service fund, is reelected decision to reelect or not reelect the employee for the next succeeding school year to such a this type of position in those schools schools, or classes, shall be classified as and become a permanent employee of the county superintendent of schools. of the decision to offer a third complete consecutive school year of employment as a probationary employee.

The

(3) (A) The county superintendent of schools shall notify the a probationary employee offered a third complete consecutive school year of employment as a probationary employee, on or before March 15 of the probationary employee’s second third complete consecutive school year of employment by the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to such a this type of position in those schools. In the event that the county superintendent does not give notice pursuant to this section on or before March 15, the employee shall be deemed reelected for the next succeeding school year.
(B) An employee who is reelected following a third complete consecutive school year of employment as a probationary employee shall, at the commencement of the succeeding school year, be classified as and become a permanent employee of the county superintendent of schools.
(4) If the county superintendent of schools 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 as a permanent employee.

Such an

(5) An employee described in paragraph (1) shall have the same rights and duties as employees of school districts to which Section 44882 44929.21 applies. Sections 44841, 44842, 44882, 44929.21, 44948.3, and 44948.5 are applicable apply to these employees.
(b) (1) The county superintendent of schools may offer an employee of the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications to continue for up to three complete consecutive school years as a probationary employee only if both of the following requirements are met:
(A) The probationary employee has received unsatisfactory evaluations during his or her first and second complete consecutive school years as a probationary employee.
(B) The probationary employee has, during his or her first and second years as an employee of the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, participated in a program of beginning teacher induction as provided for in subdivision (c) of Section 44259, if the employee does not already possess a clear teaching credential.
(2) Before offering a third complete consecutive school year of employment as a probationary employee to an employee of the county superintendent of schools in a teaching position in schools or classes maintained by the county superintendent of schools requiring certification qualifications, the county superintendent of schools shall provide the probationary employee with written notice that includes, at a minimum, specific information on what performance-related improvements the probationary employee must achieve in order to obtain permanent employment status after the third year of probationary status. The information provided in the written notice shall be based on evaluations or reviews conducted by a permanent employee designated to conduct the evaluations or reviews pursuant to a collective bargaining agreement or by a school administrator.
(3) 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, 44948.5, and 44948.6 apply to these employees.
(c) (1) A county superintendent of schools who decides to offer a third complete consecutive school year of probationary employment pursuant to this section shall refer the probationary employee to a California Peer Assistance and Review Program for Teachers in accordance with Article 4.5 (commencing with Section 44500) of Chapter 3 of Part 25 of Division 3 of Title 2, for the purpose of providing the probationary employee with individualized coaching, assistance, and professional development.

This subdivision

(2) Each county superintendent of schools shall apply only annually report to the Commission on Teacher Credentialing on, at a minimum, the number of probationary employees whose offered a third year of probationary period commenced employment pursuant to this section and the number of third year probationary employees dismissed during the 1983–84 fiscal school year or any fiscal year thereafter. pursuant to Section 44948.5. The Commission on Teacher Credentialing shall annually compile this information together with the information received pursuant to paragraph (2) of subdivision (c) of Section 44929.21 in a single report and provide it to the appropriate policy committees of the Legislature, the Governor, and the Legislative Analyst’s Office by August 1 of each year.
(d) To the extent that this section as amended by the act adding this subdivision conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2018, 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 the act adding this subdivision shall not apply until the expiration or renewal of that collective bargaining agreement.

(c)

(e) As used in this section, “teaching position” means any 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. 2.

 Section 42127.01 of the Education Code is amended to read:

42127.01.
 (a) In a fiscal year immediately after a fiscal year in which a transfer is made into the amount of moneys in the Public School System Stabilization Account, Account are equal to or exceed 3 percent of the combined total of General Fund revenues appropriated for school districts pursuant to subdivision (c) of Section 41202 and allocated local proceeds of taxes pursuant to subdivision (g) of Section 41202 for that fiscal year, a school district budget that is adopted or revised pursuant to Section 42127 shall not contain a combined assigned or unassigned ending general fund balance that is in excess of the following: 10 percent of those funds.

(1)For school districts with fewer than 400,000 units of average daily attendance, the sum of the school district’s applicable minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128, multiplied by two.

(2)For school districts with more than 400,000 units of average daily attendance, the sum of the school district’s applicable minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128, multiplied by three.

(b) A county superintendent of schools may grant a school district under its jurisdiction an exemption from the requirements of subdivision (a) for up to two consecutive fiscal years within a three-year period if the school district provides documentation indicating that extraordinary fiscal circumstances, including, but not limited to, multiyear infrastructure or technology projects, substantiate the need for a combined assigned or unassigned ending general fund balance that is in excess of the minimum recommended reserve for economic uncertainties. amount described in subdivision (a). As a condition of receiving an exception, exemption, a school district shall do all of the following:
(1) Provide a statement that substantiates the need for an assigned and unassigned ending general fund balance that is in excess of the minimum recommended reserve for economic uncertainties. amount described in subdivision (a).
(2) Identify the funding amounts in the budget adopted by the school district that are associated with the extraordinary fiscal circumstances.
(3) Provide documentation that no other fiscal resources are available to fund the extraordinary fiscal circumstances.
(c) This section shall become operative on December 15, 2014, only if Assembly Constitutional Amendment No. 1 of the 2013–14 Second Extraordinary Session is approved by the voters at the November 4, 2014, statewide general election. If Assembly Constitutional Amendment No. 1 of the 2013–14 Second Extraordinary Session is not approved by the voters at the November 4, 2014, statewide general election, this section shall not become operative and is repealed on January 1, 2015. apply to a basic aid school district or to a small school district.
(d) For purposes of this section, the following definitions shall apply:
(1) “Basic aid school district” has the same meaning as in Section 42238.02.
(2) “Combined assigned or unassigned ending general fund balance” refers to assigned and unassigned moneys in the general fund accounts of school districts, including assigned and unassigned moneys in the Special Fund for Other Than Capital Outlay.
(3) “Small school district” means a school district with fewer than 2,501 units of average daily attendance.
(e) The Superintendent shall notify school districts and county offices of education whenever the conditions specified in subdivision (a) are met, and shall notify school districts and county offices of education when those conditions no longer exist.

SEC. 3.

 Section 44500 of the Education Code is amended to read:

44500.
 (a) There is hereby established the California Peer Assistance and Review Program for Teachers. The governing board of a school district and the exclusive representative of the certificated employees in the school district may develop and implement a program authorized by this article that meets local conditions and conforms with the principles set forth in subdivision (b).
(b) The following principles, at a minimum, shall be included in a locally developed program authorized by this article:
(1) A teacher participant shall satisfy both of the following criteria:
(A) Be a permanent employee or a probationary employee in his or her third complete consecutive school year of employment as provided in Sections 1296 and 44929.21 in a school or classes governed by a county superintendent of schools or a school district with 250 or greater units of average daily attendance or be a permanent or probationary employee in a school district with fewer than 250 units of average daily attendance.

(1) A teacher participant shall be a permanent employee in a school district with 250 or greater units of average daily attendance or a permanent or probationary employee in a school district with fewer than 250 units of average daily attendance and volunteer to participate in the program or be referred for participation in the program

(B) Volunteer to participate in the program or be referred for participation in the program pursuant to paragraph (1) of subdivision (c) of Section 1296, pursuant to paragraph (1) of subdivision (c) of Section 44929.21, or as a result of an evaluation performed pursuant to subdivision (c) of Section 44664. In addition, teachers receiving assistance may be referred pursuant to a collectively bargained agreement.
(2) Performance goals for an individual teacher shall be in writing, clearly stated, aligned with pupil learning, and consistent with Section 44662.
(3) Assistance and review shall include multiple observations of a teacher during periods of classroom instruction.
(4) The program shall expect and strongly encourage a cooperative relationship between the consulting teacher and the principal with respect to the process of peer assistance and review.
(5) The school district shall provide sufficient staff development activities to assist a teacher to improve his or her teaching skills and knowledge.
(6) The program shall have a monitoring component with a written record.
(7) The final evaluation of a teacher’s participation in the program shall be made available for placement in the personnel file of the teacher receiving assistance.

SEC. 4.

 Section 44929.21 of the Education Code is amended to read:

44929.21.
 (a) (1) Every employee of a school district of any type or class having an average daily attendance of 250 pupils or more who, after having been employed by the school district for three two complete consecutive school years in a position or positions requiring certification qualifications, is reelected for the next succeeding school year to a position requiring certification qualifications shall, at the commencement of the succeeding school year year, be classified as and become a permanent employee of the district. school district, unless the governing board of the school district offers that employee a third complete consecutive school year of employment as a probationary employee pursuant to paragraph (2).

This subdivision shall apply only to probationary employees whose probationary period commenced prior to the 1983–84 fiscal year.

(b) Every employee

(2) The governing board of a school district of any type shall notify the employee, on or class having an average daily attendance before March 15 of 250 or more who, after having been employed by the district for two employee’s second complete consecutive school years year of employment by the school district in a position or positions requiring certification qualifications, is reelected of the decision to reelect or not reelect the employee for the next succeeding school year to a position requiring certification qualifications shall, at this type of position, or of the commencement of the succeeding decision to offer a third complete consecutive school year be classified of employment as and become a permanent employee of the district. probationary employee.

The

(3) The governing board of a school district shall notify the a probationary employee offered a third complete consecutive school year of employment as a probationary employee, on or before March 15 of the probationary employee’s second third complete consecutive school year of employment by the school district in a position or positions requiring certification qualifications, of the decision to reelect or not reelect the employee for the next succeeding school year to the this type of position. In the event that the governing board does not give notice pursuant to this section on or before March 15, An employee who is reelected following a third complete consecutive school year of employment as a probationary employee shall, at the employee shall be deemed reelected for the next succeeding school year. commencement of the succeeding school year, be classified as and become a permanent employee of the school district.
(4) 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 as a permanent employee.
(b) (1) The governing board of a school district may offer an employee of the school district in a position or positions requiring certification qualifications to continue for up to three complete consecutive school years as a probationary employee only if both of the following requirements are met:
(A) The probationary employee has received unsatisfactory evaluations during his or her first and second complete consecutive school years as a probationary employee.
(B) The probationary employee has, during his or her first and second years as an employee of the school district in a teaching position in schools or classes maintained by the school district requiring certification qualifications, participated in a program of beginning teacher induction as provided for in subdivision (c) of Section 44259, if the employee does not already possess a clear teaching credential.
(2) Before offering a third complete consecutive school year of employment as a probationary employee to an employee of the school district in a teaching position in schools or classes maintained by the school district requiring certification qualifications, the governing board of the school district shall provide the probationary employee with written notice that includes, at a minimum, specific information on what performance-related improvements the probationary employee must achieve in order to obtain permanent employment status after the third year of probationary status. The information provided in the written notice shall be based on evaluations or reviews conducted by a permanent employee designated to conduct the evaluations or reviews pursuant to a collective bargaining agreement or by a school administrator.
(c) (1) The governing board of a school district that decides to offer a third complete consecutive school year of probationary employment pursuant to this section shall refer the probationary employee to a California Peer Assistance and Review Program for Teachers in accordance with Article 4.5 (commencing with Section 44500) of Chapter 3, for the purpose of providing the probationary employee with individualized coaching, assistance, and professional development.
(2) Each governing board of a school district shall annually report to the Commission on Teacher Credentialing on, at a minimum, the number of certificated employees offered a third year of probationary employment pursuant to this section and the number of third year probationary employees dismissed during the school year pursuant to Section 44948.5. The Commission on Teacher Credentialing shall annually compile this information together with the information received pursuant to paragraph (2) of subdivision (c) of Section 1296 in a single report and provide it to the appropriate policy committees of the Legislature, the Governor, and the Legislative Analyst’s Office by August 1 of each year.

This

(d) To the extent that this section as amended by the act adding this subdivision shall apply only conflicts with a provision of a collective bargaining agreement entered into by a public school employer and an exclusive bargaining representative before January 1, 2018, pursuant to probationary employees whose probationary period commenced during Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the 1983–84 fiscal year Government Code, the changes made to this section by the act adding this subdivision shall not apply until the expiration or any fiscal year thereafter. renewal of that collective bargaining agreement.

SEC. 5.

 Section 44948.3 of the Education Code is amended to read:

44948.3.
 (a) First and second year probationary employees may be dismissed during the school year for unsatisfactory performance determined pursuant to Article 11 (commencing with Section 44660) of Chapter 3, or for cause pursuant to Section 44932. Any dismissal pursuant to this section shall be in accordance with all of the following procedures:
(1) The superintendent of the school district or the superintendent’s designee shall give 30 days’ prior written notice of dismissal, not later than March 15 in the case of second year probationary employees. The notice shall include a statement of the reasons for the dismissal and notice of the opportunity to appeal. In the event of a dismissal for unsatisfactory performance, a copy of the evaluation conducted pursuant to Section 44664 shall accompany the written notice.
(2) The probationary employee shall have 15 days from receipt of the notice of dismissal to submit to the governing board of the school district a written request for a hearing. The governing board of the school district may establish procedures for the appointment of an administrative law judge to conduct the hearing and submit a recommended decision to the governing board. The failure of an a probationary employee to request a hearing within 15 days from receipt of a dismissal notice shall constitute a waiver of the right to a hearing.
(b) The governing board, board of the school district, pursuant to this section, may suspend a probationary employee for a specified period of time without pay as an alternative to dismissal.
(c) This section applies only to probationary employees whose probationary period commenced during the 1983–84 fiscal year or any fiscal year thereafter, and does not apply to probationary employees in a school district having an average daily attendance of less than 250 pupils. pupils or third year probationary employees of a school district or county superintendent of schools with an average daily attendance of 250 pupils or more.

SEC. 6.

 Section 44948.5 of the Education Code is amended to read:

44948.5.
 (a) This section applies only to (1) probationary the following persons:
(1) Probationary employees of a school district with an average daily attendance of less than 250 pupils, or (2) those persons currently employed as probationary employees whose probationary period commenced prior to the 1983–84 fiscal year. pupils.
(2) Probationary employees of a school district with an average daily attendance of 250 pupils or more employed for a third complete consecutive school year of employment by a school district in a position or positions requiring certification qualifications.
(3) Probationary employees of schools maintained by a county superintendent of schools with an average daily attendance of 250 pupils or more employed for a third complete consecutive school year by the county superintendent of schools in a teaching position in a school or classes requiring certification qualifications.
(b) (1) No later than March 15 and before a probationary employee is given notice by the governing board of a school district or the county superintendent of schools that his or her services will not be required for the ensuing year for reasons other than those specified in Section 44955, the governing board of the school district or the county superintendent of schools and the employee shall be given written notice by the county superintendent of schools or the superintendent of the school district or his or her designee, or, in the case of a school district which that has no superintendent, by the clerk or secretary of the governing board, board of the school district, that it has been recommended that the notice be given to the employee, and stating the reasons therefor.

If

(2) If the probationary employee has been in the employ of the school district or the county superintendent of schools for less than 45 days on March 15, the giving of the notice may be deferred until the 45th day of employment and all time period and deadline dates prescribed by this subdivision shall be coextensively extended.

Until

(3) Until the employee has requested a hearing as provided in subdivision (c) or has waived his or her right to a hearing, the notice and the reasons therefor shall be confidential and shall not be divulged by any person, except as may be necessary in the performance of duties. However, the violation of this requirement of confidentiality, in and of itself, shall not in any manner be construed as affecting the validity of any hearing conducted pursuant to this section.
(c) The employee may request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. A request for a hearing shall be in writing and shall be delivered to the person who sent the notice pursuant to subdivision (b), on or before a date specified in that subdivision, which shall not be less than seven days after the date on which the notice is served upon the employee. If an employee fails to request a hearing on or before the date specified, his or her failure to do so shall constitute a waiver of his or her right to a hearing. The notice provided for in subdivision (b) shall advise the employee of the provisions of this subdivision.
(d) In the event a hearing is requested by the employee, the proceeding shall be conducted and a decision made in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code and the governing board of a school district or the county superintendent of schools shall have all the power granted to an agency therein, except that all of the following shall apply:
(1) The respondent shall file his or her notice of defense, if any, within five days after service upon him or her of the accusation and he or she shall be notified of this five-day period for filing in the accusation.
(2) The discovery authorized by Section 11507.6 of the Government Code shall be available only if request is made therefor within 15 days after service of the accusation, and the notice required by Section 11505 of the Government Code shall so indicate.
(3) (A) The hearing shall be conducted by an administrative law judge who shall prepare a proposed decision, containing findings of fact and a determination as to whether the charges sustained by the evidence are related to the welfare of the schools and the pupils thereof. The proposed decision shall be prepared for the governing board of a school district or the county superintendent of schools and shall contain a determination as to the sufficiency of the cause and a recommendation as to disposition. However, the governing board of the school district or the county superintendent of schools shall make the final determination as to the sufficiency of the cause and disposition. None of the findings, recommendations, or determinations contained in the proposed decision prepared by the administrative law judge shall be binding on the governing board. board of the school district or the county superintendent of schools. Nonsubstantive procedural errors committed by the school district or district, the governing board of the school district district, or the county superintendent of schools shall not constitute cause for dismissing the charges unless the errors are prejudicial errors. Copies of the proposed decision shall be submitted to the governing board of the school district or the county superintendent of schools and to the employee on or before May 7 of the year in which the proceeding is commenced. All expenses of the hearing, including the cost of the administrative law judge, shall be paid by the county superintendent of schools or the governing board of the school district from the county office of education funds or the school district funds. funds, respectively.

The

(B) The governing board of a school district or the county superintendent of schools may adopt from time to time such rules and procedures not inconsistent with provisions of this section as may be necessary to effectuate this section.
(e) The governing board’s or county superintendent’s determination not to reemploy a probationary employee for the ensuing school year shall be for cause only. The determination of the governing board of a school district or the county superintendent of schools as to the sufficiency of the cause pursuant to this section shall be conclusive, but the cause shall relate solely to the welfare of the schools and the pupils thereof. The decision made after the hearing shall be effective on May 15 of the year the proceeding is commenced.
(f) Notice to the probationary employee by the governing board of a school district or the county superintendent of schools that his or her service will not be required for the ensuing year, shall be given no later than May 15.
(g) If a governing board of a school district or the county superintendent of schools notifies a probationary employee that his or her services will not be required for the ensuing year, the governing board or the county superintendent of schools shall, within 10 days after delivery to it of the employee’s written request, provide the employee with a statement of its reasons for not reemploying him or her for the ensuing school year.
(h) Any notice or request shall be deemed sufficient when it is delivered in person to the employee to whom it is directed, or when it is deposited in the United States registered mail, postage prepaid and addressed to the last known address of the employee.
(i) In the event that the governing board of a school district or the county superintendent of schools does not give notice provided for in subdivision (e) on or before May 15, the employee shall be deemed reemployed for the ensuing school year.
(j) If after request for hearing pursuant to subdivision (c) any continuance is granted pursuant to Section 11524 of the Government Code, the dates prescribed in subdivisions (d), (e), (f), and (i) which that occur on or after the date of granting the continuance shall be extended for a period of time equal to the continuance.

SEC. 7.

 Section 44948.6 is added to the Education Code, to read:

44948.6.
 (a) Notwithstanding Section 44948.5 or any other law, a county superintendent of schools or the governing board of a school district with an average daily attendance of 250 pupils or more who employs a probationary employee for a third complete consecutive school year of employment pursuant to Section 1296 or 44929.21 may establish, upon mutual agreement with an exclusive bargaining representative pursuant to subdivision (f) of Section 3543.2 of the Government Code, an alternative process through which a third year probationary employee may challenge his or her nonreelection to certificated employment. The alternative dismissal process shall include, but is not limited to, all of the following elements:
(1) A reasonable timeline for the rules, procedures, and notification to all parties as part of the dismissal process.
(2) A process for written documentation to be reviewed and considered as part of the dismissal process.
(b) The public school employer and the exclusive representative shall not adopt a “for cause” standard different from that set forth in subdivision (e) of Section 44948.5.
(c) If the public school employer and the exclusive representative do not reach mutual agreement on an alternative dismissal process pursuant to this section, Section 44948.5 shall apply.

SEC. 8.

 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 Section 44948.5 of the Education Code, the public school employer and the exclusive representative shall, upon request of either party, meet and negotiate regarding the procedures by which a third year probationary employee may challenge his or her nonreelection by the public school employer, though by such negotiations the public school employer and the exclusive representative shall not adopt a standard different than the “for cause” standard set forth in subdivision (e) of Section 44948.5 of the Education Code. If the public school employer and the exclusive representative do not reach mutual agreement, Section 44948.5 of the Education Code shall apply.

SEC. 9.

 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.