BILL NUMBER: AB 135 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 6, 2014
INTRODUCED BY Assembly Member Buchanan
JANUARY 16, 2013
An act to amend add Section
44664 of 4469 2 to the Education
Code, relating to public school teachers
school employees .
LEGISLATIVE COUNSEL'S DIGEST
AB 135, as amended, Buchanan. Certificated employees:
evaluation. School employees: child abuse: reporting.
Existing law requires the State Office of Child Abuse Prevention
to develop and disseminate information to all school districts and
district school personnel regarding the detection of child abuse.
Existing law, the Child Abuse and Neglect Reporting Act, designates
certain persons, including teachers, as mandated reporters. Existing
law requires a mandated reporter to make a report if the person has
knowledge of or observes a child whom the person knows or reasonably
suspects has been the victim of child abuse or neglect.
This bill would require the governing board of each school
district and county office of education, and the governing body of
each charter school, to adopt a policy on the reporting of child
abuse and the responsibilities of mandated reporters. The bill would
require each school district, charter school, and county office of
education to, at minimum, review the mandated reporting requirements
of school employees with all school personnel within the first 6
weeks of each school year, at a regularly scheduled staff meeting. By
expanding the duty of school districts, charter schools, and county
offices of education, the 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.
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 44692 is added to the
Education Code , to read:
44692. (a) The governing board of each school district and county
office of education, and the governing body of each charter school,
shall adopt a policy on the reporting of child abuse and the
responsibilities of mandated reporters, as defined in Section 11165.7
of the Penal Code, in accordance with the requirements of the Child
Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section
11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code).
(b) Each school district, charter school, and county office of
education shall, at a minimum, review the mandated reporting
requirements of school employees, pursuant to the Child Abuse and
Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of
Chapter 2 of Title 1 of Part 4 of the Penal Code), with all school
personnel within the first six weeks of each school year, as part of
a regularly scheduled staff meeting.
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.
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 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 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 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), 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.