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California Current Legislative Bills

 Legislative Bill Update: July 15, 2015

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Legislative Update: July 15, 2015

Teacher Induction, Evaluation & Employee Relations

AB 141 (Bonilla)

Teacher Credentialing: Beginning Teacher Induction

LAST AMEND:

06/01/2015

 

Commencing with hiring for the 2016-17 school year, and each school year thereafter, AB 141 would require a school district or COE that hires a beginning teacher to provide that beginning teacher with a program of beginning teacher induction. The bill would prohibit a local educational agency from charging a fee to a beginning teacher to participate in an induction program.

Status: Scheduled to be heard in the Senate Education Committee on 7/15/2015.

 

 

AB 304 (Gonzalez)

Sick Leave: Accrual and Limitations

LAST AMEND:

06/18/2015

 

AB 304 amends the Healthy Workplaces, Healthy Families Act of 2014. The bill makes a number of changes to legislation enacted last year related to paid sick days.  Unfortunately it ahs not been possible to negotiate any specific education-related amendments that would help districts smoothly implement the sick day policy for substitute employees.  Specifically, this bill: 

 

1)  Provides that the definition of "employee” does not include specified retired annuitants.

2)  Specifies that the law applies to an employee who works in California “for the same employer” for 30 or more days within a year.

3)  Provides  that an employer  may use a different  accrual  method,  other than providing one hour per every 30 hours  worked, provided that the accrual  is on a regular basis so that an employee has no less than 24 hours of accrued sick leave or paid time  off by the 120th calendar day of employment  or each  calendar year, or each 12-month period.

4)  Provides that an employer may satisfy the accrual requirements of this section by providing not less than 24 hours or three days of paid sick leave that is available to the employee to use by the completion of his or her 120th   calendar day of employment.

5)  Amends  the law to provide  that an employer  is not required  to provide additional paid sick days if the employer  has a paid leave  policy  or paid time off  policy, the employer makes available  an amount  of leave  applicable to employees  that may be used for the same purposes and under the same conditions,  and the policy  satisfies  one of the following  options:

·         Satisfies the accrual, carry over, and use requirements of the law.

·         Provided  paid sick leave  or paid time off  to a class of employees  before January 1, 2015, pursuant  to a sick leave  policy  that used an accrual  method  different  than  providing  one hour per every 30 hours  worked, provided  that the accrual  is on a regular  basis so that an employee, including  an employee  hired  into  that class after January  1, 2015, has no less than  one day or eight  hours  of accrued leave  within  three months,  and the employee  was eligible to earn at least three days or 24 hours within  nine  months.  If an employer modifies  the accrual  method  used in  the policy  it had in  place prior  to January  1, 2015, the employer  shall  comply  with  any accrual  method  set forth  in existing  law or provide the full  amount  of leave  at the beginning  of the year. This bill shall not prohibit the employer from increasing the accrual amount or rate. 

6)  Provides  that specified  sick leave or annual  leave  benefits  provided  to specified  state employees  by statute  or the provisions  of a memorandum  of understanding  meet the requirements  of the paid sick days law.

7)  Provides  that an employer  is not required  to reinstate  accrued paid time  off to a rehired employee  that was paid out at the time  of termination,  resignation, or separation of employment.

8)  Provides  that if  an employer provides unlimited paid sick leave or unlimited  paid time off, the employer may satisfy  a specified  written  notice requirement  of existing  law by indicating on the notice  or the employee's itemized wage statement that such  leave is "unlimited."

9)  Delays application of provisions related to the inclusion of the amount of paid sick leave available on itemized wage statements or separate writings until January 21, 2016, for employers in the broadcasting and motion picture industries.

10)  Provides  that paid sick time  for nonexempt  employees  shall  be calculated  in the same manner as the regular  rate of pay for the workweek in which  the employee  uses paid sick time, whether  or not the employee  actually  works overtime  in that workweek.  Paid sick time  for

nonexempt  employees  shall   be calculated  by dividing  the employee's  total  wages, not including  overtime  premium  pay, by the employee's  total  hours worked in  the full  pay periods of the prior 90 days of employment.

11)  Provides  that paid sick time  for exempt  employees  shall  be calculated  in  the same manner  as the employer  calculates  wages for other forms  of paid time  leave.

12)  Provides that an employer is not obligated to inquire into or record the purpose for which an employee uses paid leave or paid time off.

None of the changes in AB 304 address the specific concerns raised by education organizations about the specific amendments needed to fully implement sick leave for substitute teachers and other part-time employees.  As a result, an education specific bill will be introduced in 2016.

 

Status: On the Senate Floor.

 

 

AB 375 (Campos)

School Employees: Sick Leave: Paternity/Maternity Leave

LAST AMEND:

07/08/2015

 

AB 375 requires certificated school employees on maternity or paternity leave to receive differential pay for up to 12 weeks of unpaid family and medical leave.  Specifically, this bill specifies: 

1)  During  each school year, when  a person employed  in a position  requiring  certification qualifications  has  exhausted all available  sick leave,  including  all  accumulated  sick leave, and continues to be absent from his/her duties on account of illness, accident, maternity leave or paternity leave for an additional  period of five school months, whether or not the absence arises out of or in the course of the employment  of the employee, the amount  deducted from  the salary due him/her for any of the additional five months in which the absence occurs shall  not exceed the sum that is actually paid a substitute employee employed to fill his/her position during his/her absence or, if no substitute  employee was employed, the amount that would have been paid to the substitute had he/she been employed.

 

2) Specifies an employee shall not be provided more than one five-month period per illness, accident, maternity leave or paternity leave.  However, if a school year terminates before the five-month period is exhausted, the employee may take the balance of the five-month period in a subsequent school year.

 

3)  An employee on maternity or paternity leave pursuant to Government Code Section 12945.2 shall not be denied access to differential pay while on that leave.

 

4) To the extent  that the changes made by this measure conflict with a provision of a collective bargaining agreement entered into by a public school  employer and an exclusive  bargaining representative  before January  1, 2016, the changes made by this measure shall not apply until expiration or renewal of that collective bargaining agreement.

 

Status: In the Senate Appropriations Committee.

 

 

AB 575 (O'Donnell)

Best Practices Teacher Evaluation System: Administrator

LAST AMEND:

06/02/2015

 

AB 575 requires the governing board of each school district and the governing body of each county office of education (COE) to adopt and implement a best practices teacher and administrator evaluation system by July 1, 2018.

 

The bill requires the best practices teacher evaluation system to be negotiated with the local collective bargaining unit; and, specifies if the certificated employees of the school district or COE do not have an exclusive bargaining representative, the governing board of the school district or COE shall adopt objective evaluation and support components, as applicable.  Specifies that a best practices teacher evaluation system has the following attributes:

 

a)  Each teacher is evaluated on the degree to which he or she accomplishes specific objectives.

b)  Multiple observations of instructional and other professional practices conducted by evaluators who have received appropriate training and calibration and who have demonstrated competence in teacher evaluation, as determined by the school district.

c)  A minimum of three performance levels for the evaluation of teacher performance.

 

The bill also requires the establishment of a school administrator evaluation system.

 

Status: In the Senate Education Committee. This is now a two-year bill and will not be heard again in 2015.

 

 

SB 499 (Liu)

Teacher Evaluation: School Administrator Evaluation

LAST AMEND:

06/02/2015

 

SB 499 repeals and replaces various provisions of existing law governing the evaluation of certificated employees and beginning July 1, 2018, requires school districts to implement a best practices teacher evaluation system.

The bill requires the governing board of each school district and board of education to adopt and implement a locally negotiated best practices teacher evaluation system, described as one in which each teacher is evaluated on a continuing basis on the degree to which he or she accomplishes specific objectives and multiple observations of instructional and other professional practices that are conducted by trained evaluators.

This bill also repeals and replaces provisions of existing law regarding school administrator evaluations and establishes an school administrator evaluation system to guide growth and performance.

Status: In the Assembly Education committee. The bill has been made a two-year bill and is not scheduled for a hearing during the remainder of the 2015 session.

 

School Accountability & Pupil Fees

AB 1099 (Olsen)

School Accountability: Control and Accountability

LAST AMEND:

07/08/2015

 

AB 1099 requires each school district and county office of education (COE) to post information on its Internet Web site, if it has one, regarding its procedures for evaluating teachers and principals.  More specifically, regarding the evaluation of teachers, the bill would require the LEA to post an easily understandable explanation of how the evaluation of certificated teaching staff is conducted, including, but not limited to, all blank evaluation forms, all procedures to be used for the evaluation of certificated teachers contained in the current collective bargaining agreement, how evaluations include the progress of pupils toward the locally adopted standards of expected pupil achievement at each grade level in each area of study, and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments.

Status: In the Senate Appropriations Committee.

 


AB 1153 (Calderon, I)

Local Control and Accountability Plans: Posting: Rubrics

LAST AMEND:

04/20/2015

 

AB 1153 requires the State Board of Education (SBE), by January 31, 2017, to consider revising the template for the local control and accountability plan (LCAP) to include a section or appendix sufficient to monitor actual progress on outcomes related to the evaluation rubric adopted by the SBE. This bill also requires each school district and county office of education to post on its internet web site its populated evaluation rubric, if available.

Status: In the Senate Appropriations Committee Suspense File

 

 

SB 272 (Hertzberg)

State Public Records Act: Local Agencies: Inventory

LAST AMEND:

07/06/2015

 

Existing law, the California Public Records Act (CPRA), requires public records to be open to inspection during office hours and gives every person a right to inspect public records, with specific exceptions. The CPRA also specifies procedures for requesting copies of public records. SB 272 requires:

1)  Local agencies, in implementing the CPRA, to create a catalog of enterprise systems.  Based on amendments in the Assembly Judiciary Committee, local education agencies have been exempted from the provisions of this bill.  The bill has been amended on 7-06-15 to exclude local education agencies from the requirements of the bill.

2)  Defines “enterprise system” as a system that is both: a) a multi-departmental system or a system that contains information collected about the public and b) A system of record.

3)  Further defines “system of record” as a system that serves as an original source of data within an agency.

4)  Requires that the catalog prepared by each local agency must:

      a)   List the enterprise systems utilized by the agency.

      b)  Disclose, for each enterprise system, all of the following:

·         Current system vendor.

·         Current system product.

·         A brief statement of the system’s purpose.

·         A general description of categories, modules, or layers of data.

·         The department that serves as the system’s primary custodian.

·         How frequently system data is collected.

·         How frequently system data is updated.

·         Be made publicly available in a specified manner. 

Status: Schedule to be heard in the Assembly Local Government Committee

 

 

SB 320 (Lara)

Pupil Fees; Complaint of Noncompliance: Regulations

LAST AMEND:

06/30/2015

 

SB 320 authorizes the SPI to ensure appeals regarding pupil fees are resolved in a timely manner and prohibits a school from establishing a local policy that authorizes resolution of a complaint by only providing a remedy to the complainant without also providing a remedy to all affected students, parents, and guardians.  More specifically, the bill:

1)  Prohibits a school from establishing a local policy that authorizes resolution of a complaint by only providing a remedy to the complainant without also providing a remedy to all affected students, parents, and guardians.

 

2)  Delegates all power and authority necessary to the SPI to ensure timely resolution of any compliant found to have merit.

 

3)  Requires the  SPI  to adopt  regulations by June 30, 2016,  that include but are not limited  to the following  provisions:

  • Upon finding merit in an appeal, require CDE to specify the remedy a school must take to resolve the complaint.
  • Authorize CDE, as appropriate, to resolve an appeal based on newly presented evidence after allowing the school district 10 days to respond the new evidence.
  • Require the school to provide evidence to CDE of the corrective action taken within 60 days of the decision.
  • If the school fails to provide corrective action, require the appropriate school or district administrator as specified to appear before the state board and explain the school ’ s failure to fulfill  the requirement.  

 

Status: In the Assembly Appropriations Committee.

 

School Safety

AB 58 (Rodriguez)

School Safety Plans

LAST AMEND:

05/28/2015

 

AB 58 would require that comprehensive school safety plans "tactical responses to criminal incidents" includes procedures related to individuals with guns on school campuses and at school-related functions.  The bill requires:

  • Drills to prepare for active shooters or other armed assailants to be based on the specific needs and context of each school and community.
  • Schools to consider the most cost-effective method of preparing pupils and staff for an active shooter situation while balancing the physical and psychological risks associated with these drills. 
  • School resource officer and school employed mental health professionals  to be integrally involved in the planning and evaluation process to ensure  appropriate  implementation, regardless of the nature of t

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