BILL NUMBER: SB 355 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 4, 2011
INTRODUCED BY Senator Huff
(Principal coauthor: Senator Emmerson)
FEBRUARY 15, 2011
An act to amend Sections 44662, 44955, and 44956 of, and to add
Sections 44955.1 and 44955.2 to, the Education Code, relating to
education employment.
LEGISLATIVE COUNSEL'S DIGEST
SB 355, as amended, Huff. Education employment: certificated
employees.
(1) Existing law requires each school district to evaluate and
assess certificated employee performance as it reasonably relates to
pupil academic progress, the instructional techniques and strategies
used by the employee, the employee's adherence to curricular
objectives, and the establishment and maintenance of a suitable
learning environment, within the scope of the employee's
responsibilities. Existing law prohibits the evaluation and
assessment of certificated employee performance from including the
use of publishers' norms established by standardized tests.
This bill would delete the prohibition relating to using
publishers' norms established by standardized tests in employee
evaluations and assessments. The bill would authorize the
governing board of a school district to evaluate and assess the
performance of certificated employees pursuant to a
"multiple-measures evaluation system," defined in the bill as a
teacher and principal evaluation system that uses multiple
research-validated approaches to measuring effectiveness, as
specified. Any system developed pursuant to these provisions would be
required to meet specified criteria, including a quantitative pupil
academic achievement growth component that constitutes at least 30%
of the overall teacher and principal effectiveness measure.
(2) Existing law provides that when employees are terminated
pursuant to a reduction in workforce, a school district is required
to terminate the employees in order of seniority. Existing law
further provides those employees with preferred right to
reappointment and opportunity for substitute service in order of
seniority. Existing law authorizes a school district to deviate from
the order of seniority for those purposes for specified reasons,
including compliance with constitutional requirements related to
equal protection of the laws.
This bill would provide additional reasons for which a school
district may deviate from terminating employees in order of
seniority, including basing a decision on performance evaluations, if
the governing board has implemented the provisions relating to a
multiple-measures evaluation system, as described, and on the basis
that the employee is assigned to a schoolsite that has been selected
by the governing board for exemption from certificated reductions in
force, based upon the needs of the educational program. The bill
would provide an exception to this authorization for an employee who
has 18 months or less from his or her date of retirement, or is on
medical leave. The bill also would authorize the governing board of a
school district to deviate from seniority when reappointing
employees or offering employees the opportunity for substitute
service on the basis of performance evaluations, as specified. The
bill would specify that the equal protection exception to the general
requirement that terminations and reappointments occur in order of
seniority applies to equal protection as it relates to pupils.
(3) Existing law generally requires school districts to adhere to
certain requirements with respect to teacher and administrator
employment, and requires charter school petitions to contain certain
information relating to employment.
This bill would authorize school districts, county offices of
education, and charter schools to assign, reassign, and transfer
teachers and administrators based on effectiveness and subject matter
needs, without regard to years of service.
(4) This bill would make various nonsubstantive and clarifying
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44662 of the Education Code is amended to read:
44662. (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
in each area of study.
(b) The governing board of each school district shall evaluate and
assess certificated employee performance as it reasonably relates
to:
(1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards as measured by state adopted criterion
referenced assessments.
(2) The instructional techniques and strategies used by the
employee.
(3) The employee's adherence to curricular objectives.
(4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee's responsibilities.
(c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be evaluated
appropriately under the provisions of subdivision (b) and shall
evaluate and assess the performance of those noninstructional
certificated employees as it reasonably relates to the fulfillment of
those responsibilities.
(d) Results of an employee's participation in the Peer Assistance
and Review Program for Teachers established by Article 4.5
(commencing with Section 44500) shall be made available as part of
the evaluation conducted pursuant to this section.
(e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
(e)
(f) This section does not limit the authority of the
governing board of a school district to develop and adopt additional
evaluation and assessment guidelines or criteria.
(f)
(g) (1) The governing board of each school district may
additionally evaluate and assess the performance of all certificated
employees pursuant to the provisions of this subdivision. If the
governing board of a school district establishes a system of
evaluation pursuant to this subdivision, the system shall meet all of
the following criteria:
(A) The system shall define a rigorous, transparent, and fair
multiple-measures evaluation system for both teachers and principals
and shall involve the development and adoption by the governing board
of objective evaluation and assessment guidelines.
(B) All certificated employees of the school district shall be
subject to a system of evaluation and assessment adopted pursuant to
this article, except that this article does not apply to certificated
employees who are employed on an hourly basis in adult education
classes.
(C) For purposes of this subdivision, a "multiple-measures
evaluation system" is a teacher and principal evaluation system that
uses multiple research-validated approaches to measuring
effectiveness, including the measures specified in this section. A
school district evaluation system developed pursuant to this
subdivision also shall include a quantitative pupil academic
achievement growth component that shall constitute at least 30
percent of the overall teacher and principal effectiveness measure.
(2) This subdivision applies to the county superintendent of
schools and the employees of schools conducted or maintained by the
county superintendent of schools.
SEC. 2. 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) Whenever If in any school
year the average daily attendance in all of the schools of a school
district for the first six months in which school is in session shall
have declined below the corresponding period of either of the
previous two school years, whenever if
the governing board determines that attendance in a school district
will decline in the following year as a result of the termination of
an interdistrict tuition agreement as defined in Section 46304,
whenever if a particular kind of
service is to be reduced or discontinued not later than the beginning
of the following school year, or whenever the amendment of state law
requires the modification of curriculum, and if in the opinion of
the governing board of the school district it shall have become
necessary by reason of any of these conditions to decrease the number
of permanent employees in the school district, the governing board
may terminate the services of not more than a corresponding
percentage of the certificated employees of the school district,
permanent as well as probationary, at the close of the school year.
Except as otherwise provided by statute, the services of a permanent
employee shall not be terminated under the provisions of this section
while any probationary employee, or any other employee with less
seniority, is retained to render a service that the permanent
employee is certificated and competent to render.
(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 district shall be deemed to have been a
school of the newly formed or reorganized district for both of the
two previous school years.
(3) As between employees who first rendered paid service to the
school district on the same date, the governing board shall determine
the order of termination solely on the basis of needs of the school
district and the pupils of the district. Upon the request of any
employee whose order of termination is so determined, the governing
board shall furnish in writing no later than five days prior to the
commencement of the hearing held in accordance with Section 44949, a
statement of the specific criteria used in determining the order of
termination and the application of the criteria in ranking each
employee relative to the other employees in the group. This
requirement that the governing board provide, on request, a written
statement of reasons for determining the order of termination shall
not be interpreted to give affected employees any legal right or
interest that would not exist without such a requirement.
(c) Notice of the termination of services shall be given before
the 15th of May in the manner prescribed in Section 44949, and
services of these employees shall be terminated in the inverse of the
order in which they were employed, as determined by the governing
board in accordance with the provisions of Sections 44844 and 44845.
In the event that a permanent or probationary employee is not given
the notices and a right to a hearing as provided for in Section
44949, he or she shall be deemed reemployed for the ensuing school
year.
(d) Notwithstanding subdivision (b), and except as specified in
subdivision (e), a school district may deviate from terminating a
certificated employee in order of seniority for any of the following
reasons:
(1) The school district demonstrates a specific need for personnel
to teach a specific course or course of study, or to provide
services authorized by a services credential with a specialization in
either pupil personnel services or health for a school nurse, and
that the certificated employee has special
training and experience necessary to teach that course or course of
study or to provide those services, which others with more seniority
do not possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws
as it applies to pupils.
(3) On the basis of performance evaluations, if both of the
following are met:
(A) The school district has implemented an evaluation and
assessment process that contains all of the elements described in
subdivision (f) of Section 44662.
(B) Employees with superior evaluations are retained over those
with inferior evaluations.
(4) On the basis that the employee is assigned to a schoolsite
that has been selected by the governing board for exemption from
certificated reductions in force, based upon the needs of the
educational program.
(e) A school district shall not deviate from terminating a
certificated employee in order of seniority if the employee has 18
months or less from his or her date of retirement, or is on medical
leave.
SEC. 3. Section 44955.1 is added to the Education Code, to read:
44955.1. Notwithstanding any other law, a school district, county
office of education, or charter school may assign, reassign, and
transfer teachers and administrators based on effectiveness and
subject matter needs without regard to years of service.
SEC. 4. Section 44955.2 is added to the Education Code, to read:
44955.2. A school district that deviates from the order of
seniority for purposes of terminating a certificated employee under
any provision of this chapter shall do so on the basis of one or more
of the items specified in subdivision (d) of Section 44955 and shall
not take into consideration whether an employee has exercised any of
the rights guaranteed under Chapter 10.7 (commencing with Section
3540) of Division 4 of Title 1 of the Government Code.
SEC. 5. Section 44956 of the Education Code is amended to read:
44956. A permanent employee whose services have been terminated
as provided in Section 44955 shall have the following rights:
(a) For the period of 39 months from the date of the termination,
any employee who in the meantime has not attained the age of 65 years
shall have the preferred right to reappointment, in the order of
original employment as determined by the board in accordance with the
provisions of Sections 44831 to 44855, inclusive, if the number of
employees is increased or the discontinued service is reestablished,
with no requirements that were not imposed upon other employees who
continued in service; provided, that no a
probationary or other employee with less seniority shall
no t be employed to render a service that the
employee is certificated and competent to render. However, prior to
reappointing any employee to teach a subject which
that he or she has not previously taught, and for which
he or she does not have a teaching credential or which
that is not within the employee's major area of
postsecondary study or the equivalent thereof, the governing board
shall require the employee to pass a subject matter competency test
in the appropriate subject.
(b) The aforesaid right to reappointment
described in subdivision (a) may be waived by the employee,
without prejudice, for not more than one school year, unless the
governing board extends this right, but the waiver shall not deprive
the employee of his or her right to subsequent offers of
reappointment.
(c) Notwithstanding subdivision (a), a school district may deviate
from reappointing a certificated employee in order of seniority for
any 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 employee has special training and
experience necessary to teach that course or course of study, or to
provide those services, which others with more seniority do not
possess.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws
as it applies to pupils.
(3) On the basis of performance evaluations, if both of the
following are met:
(A) The school district has implemented an evaluation and
assessment process that contains all of the elements described in
subdivision (f) of Section 44662.
(B) Employees with superior evaluations are given priority for
reappointment over those with inferior evaluations.
(d) For an employee who is reappointed, the period of his or her
absence shall be treated as a leave of absence and shall not be
considered as a break in the continuity of his or her service, he or
she shall retain the classification and order of employment he or she
had when his or her services were terminated, and credit for prior
service under any state or district retirement system shall not be
affected by the termination, but the period of his or her absence
shall not count as a part of the service required for retirement.
(e) During the period of an employee's preferred right to
reappointment, the employee, in the order of original employment,
shall be offered prior opportunity for substitute service during the
absence of any other employee who has been granted a leave of absence
or who is temporarily absent from duty; provided, that his or her
services may be terminated upon the return to duty of the other
employee and that the substitute service shall not affect the
retention of his or her previous classification and rights. If, in
any school year the employee serves as a substitute in any position
requiring certification for 21 days or more within a period of 60
schooldays, the compensation the employee receives for substitute
service in that 60-day period, including his or her first 20 days of
substitute service, shall not be less than the amount the employee
would receive if he or she were being reappointed.
(f) Notwithstanding subdivision (e), a school district may deviate
from the order of seniority in offering the opportunity for
substitute service for any 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
the employee has special training and experience, and has
demonstrated the competency necessary to teach in a specified grade
level or course of study, or to provide those services, that others
with more seniority do not possess or are not able to provide.
(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws
as it applies to pupils.
(3) On the basis of performance evaluations, if both of the
following are met:
(A) The school district has implemented an evaluation and
assessment process that contains all of the elements described in
subdivision (f) of Section 44662.
(B) Employees with superior evaluations are offered the
opportunity for substitute service over those with inferior
evaluations.
(g) During the period of the employee's preferred right to
reappointment, the governing board of the school district, if it is
also the governing board of one or more other school districts, may
assign the employee to service that he or she is certificated and
competent to render, in one of the other school districts. The
compensation the employee receives, in the discretion of the
governing board, may be the same as the employee would have received
had he or she been serving in the school district from which the
employee's services were terminated. The employee's service in the
other school district or school districts shall be counted toward the
period required for both state and local retirement as though
rendered in the school district from which the employee's services
were terminated. The employee shall not displace any other permanent
employee in the other school district or school districts.
It is the intent of this subdivision that the employees of a
school district, the governing board of which is also the governing
board of one or more other school districts, shall not be at a
disadvantage as compared with employees of a unified school district.
(h) At any time prior to the completion of one year after the
employee's return to service, the employee may continue or make up,
with interest, his or her own contributions to any state or school
district retirement system for the period of his or her absence, but
it shall not be obligatory on the state or school district to match
the contributions.
(i) If the employee becomes disabled or reaches retirement age at
any time before his or her return to service, the employee shall
receive, in any state or school district retirement system of which
the employee was a member, all benefits to which he or she would have
been entitled if the disability or retirement occurred at the time
of his or her termination of service, plus any benefits the employee
may have qualified for thereafter, as though still employed.