AB 135, as introduced, Buchanan. Certificated employees: evaluation.
Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided, including at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as specified, and whose previous evaluation rated the employee as meeting or exceeding standards.
This bill would instead require the evaluation and assessment of the above personnel at least every 3 years.
By requiring school districts to perform additional duties, this bill would impose a state-mandated local program.
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 44664 of the Education Code is amended
2to read:
(a) Evaluation and assessment of the performance of
4each certificated employee shall be made on a continuing basis as
5follows:
6(1) At least once each school year for probationary personnel.
7(2) At least every other year for personnel with permanent status.
8(3) At least everybegin delete fiveend deletebegin insert threeend insert years for personnel with permanent
9status who have been employed at least 10 years with the school
10district, are highly
qualified, if those personnel occupy positions
11that are required to be filled by a highly qualified professional by
12the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec.
136301begin delete,end delete et seq.), as defined in 20 U.S.C. Sec. 7801, and whose
14previous evaluation rated the employee as meeting or exceeding
15standards, if the evaluator and certificated employee being
16evaluated agree. The certificated employee or the evaluator may
17withdraw consent at any time.
18(b) The evaluation shall include recommendations, if necessary,
19as to areas of improvement in the performance of the employee.
20If an employee is not performing his or her duties in a satisfactory
21manner according to the standards prescribed by the governing
22board, the employing authority shall notify the employee in writing
23of that fact and describe the unsatisfactory performance. The
24employing authority shall
thereafter confer with the employee
25making specific recommendations as to areas of improvement in
26the employee’s performance and endeavor to assist the employee
27in his or her performance. Ifbegin delete anyend deletebegin insert aend insert permanent certificated employee
28has received an unsatisfactory evaluation, the employing authority
29shall annually evaluate the employee until the employee achieves
30a positive evaluation or is separated from the district.
31(c) Any evaluation performed pursuant to this articlebegin delete whichend deletebegin insert thatend insert
32 contains an unsatisfactory rating of an employee’s performance
33in the area of teaching
methods or instruction may include the
P3 1requirement that the certificated employee shall, as determined
2necessary by the employing authority, participate in a program
3designed to improve appropriate areas of the employee’s
4performance and to further pupil achievement and the instructional
5objectives of the employing authority. If a district participates in
6the Peer Assistance and Review Program for Teachers established
7pursuant to Article 4.5 (commencing with Section 44500),begin delete anyend deletebegin insert aend insert
8 certificated employee who receives an unsatisfactory rating on an
9evaluation performed pursuant to this section shall participate in
10the Peer Assistance and Review Program for Teachers.
11(d) Hourly and temporary hourly certificated employees, other
12than those employed in adult
education classes who are excluded
13by the provisions of Section 44660, and substitute teachers may
14be excluded from the provisions of this section at the discretion
15of the governing board.
If the Commission on State Mandates determines that
17this act contains costs mandated by the state, reimbursement to
18local agencies and school districts for those costs shall be made
19pursuant to Part 7 (commencing with Section 17500) of Division
204 of Title 2 of the Government Code.
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