BILL NUMBER: AB 135	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Buchanan

                        JANUARY 16, 2013

   An act to amend Section 44664 of the Education Code, relating to
public school teachers.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  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   three  years
for personnel with permanent status who have been employed at least
10 years with the school district, are highly qualified, if those
personnel occupy positions that are required to be filled by a highly
qualified professional by the federal No Child Left Behind Act of
2001 (20 U.S.C. Sec. 6301  ,  et seq.), 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   a  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   that  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   a  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.
  SEC. 2.  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.