BILL NUMBER: AB 954 CHAPTERED 09/29/03 CHAPTER 566 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2003 APPROVED BY GOVERNOR SEPTEMBER 28, 2003 PASSED THE ASSEMBLY SEPTEMBER 5, 2003 PASSED THE SENATE AUGUST 25, 2003 AMENDED IN SENATE JULY 24, 2003 AMENDED IN SENATE JULY 15, 2003 AMENDED IN SENATE JULY 3, 2003 AMENDED IN SENATE JULY 1, 2003 AMENDED IN ASSEMBLY MAY 27, 2003 AMENDED IN ASSEMBLY MAY 15, 2003 AMENDED IN ASSEMBLY APRIL 21, 2003 AMENDED IN ASSEMBLY MARCH 25, 2003 INTRODUCED BY Assembly Member Goldberg FEBRUARY 20, 2003 An act to amend Sections 44500 and 44664 of the Education Code, relating to teachers. LEGISLATIVE COUNSEL'S DIGEST AB 954, Goldberg. Teachers. Existing law requires the governing board of a school district to evaluate and assess certificated employee performance as it reasonably relates to the progress of pupils, instructional techniques and strategies, the employee's adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment. Existing law requires the evaluation and assessment of the performance of a certificated employee to be made at least every other year for personnel with permanent status. This bill would authorize the evaluation and assessment at least every 5 years of personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as defined, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree to this term, with certain exceptions. The bill would make a conforming change. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. 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 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 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. 2. 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, 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 employee. If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board, the employing authority shall notify the employee in writing of that fact and describe the unsatisfactory performance. The employing authority shall thereafter confer with the employee making specific recommendations as to areas of improvement in the employee's performance and endeavor to assist the employee in his or her performance. If any permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the employee until the employee achieves a positive evaluation or is separated from the district. (c) Any evaluation performed pursuant to this article which contains an unsatisfactory rating of an employee's performance in the area of teaching methods or instruction may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the employee's performance and to further pupil achievement and the instructional objectives of the employing authority. If a district participates in the Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), any certificated employee who receives an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the Peer Assistance and Review Program for Teachers. (d) 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.