Amended in Senate April 29, 2013

Amended in Senate April 9, 2013

Senate BillNo. 441


Introduced by Senator Calderon

February 21, 2013


An act to amend Sections 44500, 44661, 44662, and 44664 of the Education Code, relating to education employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 441, as amended, Calderon. Education employment: certificated employees.

(1) Existing law requires the evaluation and assessment of the performance of each certificated employee to be made on a continuing basis, as prescribed, including at least every other year for personnel with permanent status and at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district and meet specified requirements.

This bill would require the evaluation and assessment at least every 3 years of the performance of each certificated employee with permanent status who have been employed at least 10 years with the school district and meet specified requirements.

(2) Existing law requires the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to specified matters.

This bill would instead require the governing board of each school district to regularly evaluate and assess the performance of certificated employees assigned to positions as classroom teachers or school principals using multiple measures, including, but not limited to, specified minimum criteria. The bill would require at least 4 rating levels to be used in evaluating a certificated employee and for the governing board of the school district to define each rating level used.

(3) Existing law requires the governing board of a school district, in the development and adoption of specified guidelines and procedures, to avail itself of the advice of the certificated instructional personnel in the district’s organization of certificated personnel.

This bill would also require the governing board to avail itself of the advice of parents of pupils, as specified.

(4) By imposing new duties or a higher level of service on a school district in the creation of guidelines and procedures and for the evaluation and assessment of certificated employees, 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:

P2    1

SECTION 1.  

Section 44500 of the Education Code is amended
2to read:

3

44500.  

(a) There is hereby established the California Peer
4Assistance and Review Program for Teachers. The governing board
5of a school district and the exclusive representative of the
6certificated employees in the school district may develop and
7implement a program authorized by this article that meets local
8conditions and conforms with the principles set forth in subdivision
9(b).

10(b) The following principles, at a minimum, shall be included
11in a locally developed program authorized by this article:

12(1) A teacher participant shall be a permanent employee in a
13school district with 250 or greater units of average daily attendance
14or a permanent or probationary employee in a school district with
15fewer than 250 units of average daily attendance and volunteer to
16participate in the program or be referred for participation in the
P3    1program as a result of an evaluation performed pursuant to Section
244662 or 44664. In addition, teachers receiving assistance may be
3referred pursuant to a collectively bargained agreement.

4(2) Performance goals for an individual teacher shall be in
5writing, clearly stated, aligned with pupil learning, and consistent
6with Section 44662.

7(3) Assistance and review shall include multiple observations
8of a teacher during periods of classroom instruction.

9(4) The program shall expect and strongly encourage a
10cooperative relationship between the consulting teacher and the
11principal with respect to the process of peer assistance and review.

12(5) The school district shall provide sufficient staff development
13activities to assist a teacher to improve his or her teaching skills
14and knowledge.

15(6) The program shall have a monitoring component with a
16written record.

17(7) The final evaluation of a teacher’s participation in the
18program shall be made available for placement in the personnel
19file of the teacher receiving assistance.

20

SEC. 2.  

Section 44661 of the Education Code is amended to
21read:

22

44661.  

begin insert(a)end insertbegin insertend insert In the development and adoption of guidelines and
23procedures pursuant to this article, the governing board shall avail
24itself of the advice of the certificated instructional personnel in the
25district’s organization of certificated personnel andbegin delete of the parents
26of pupils, including obtaining systematic and continuing input
27through open feedbackend delete
begin insert consider the findings ofend insertsessions, surveys,
28and specific focus groups by subject matter and grade levelbegin insert from
29parents of pupilsend insert
.

begin insert

30(b) This section does not alter or affect the provisions set forth
31in Section 3543.2 of the Government Code.

end insert
32

SEC. 3.  

Section 44662 of the Education Code is amended to
33read:

34

44662.  

(a) The governing board of each school district shall
35establish standards of expected pupil achievement at each grade
36level in each area of study.

37(b) The governing board of each school district shall regularly
38evaluate and assess the performance of certificated employees
39assigned to positions as classroom teachers or school principals
P4    1using multiple measures including, but not limited to, the following
2minimum criteria:

3(1) The progress of pupils toward the standards established
4pursuant to subdivision (a) and, if applicable, the state adopted
5academic content standards as measured by state adopted criterion
6referenced assessments.

7(2) The instructional techniques and strategies used by the
8employee.

9(3) The employee’s adherence to curricular objectives.

10(4) The establishment and maintenance of a suitable learning
11environment within the scope of the employee’s responsibilities.

12(c) At least four rating levels shall be used in evaluating a
13certificated employee pursuant to this section. The governing board
14of the school district shall define each rating level used.

15(d) The governing board of each school district shall establish
16and define job responsibilities for certificated noninstructional
17personnel, including, but not limited to, supervisory and
18administrative personnel, whose responsibilities cannot be
19evaluated appropriately under the provisions of subdivision (b),
20and shall evaluate and assess the performance of those
21noninstructional certificated employees as it reasonably relates to
22the fulfillment of those responsibilities.

23(e) Results of an employee’s participation in the Peer Assistance
24and Review Program for Teachers established by Article 4.5
25(commencing with Section 44500) shall be made available as part
26of the evaluation conducted pursuant to this section.

27(f) The evaluation and assessment of certificated employee
28performance pursuant to this section shall not include the use of
29publishers’ norms established by standardized tests.

30(g) Nothing in this section shall be construed as in any way
31limiting the authority of school district governing boards to develop
32and adopt additional evaluation and assessment guidelines or
33criteria.

34

SEC. 4.  

Section 44664 of the Education Code is amended to
35read:

36

44664.  

(a) Evaluation and assessment of the performance of
37each certificated employee shall be made on a continuing basis as
38follows:

39(1) At least once each school year for probationary personnel.

40(2) At least every other year for personnel with permanent status.

P5    1(3) At least every three years for personnel with permanent
2status who have been employed at least 10 years with the school
3district, are highly qualified, if those personnel occupy positions
4that are required to be filled by a highly qualified professional by
5the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
6et seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous
7evaluation rated the employee as meeting or exceeding standards,
8if the evaluator and certificated employee being evaluated agree.
9The certificated employee or the evaluator may withdraw consent
10at any time.

11(b) The evaluation shall include recommendations as to areas
12of improvement in the performance of the employee. If an
13employee is not performing his or her duties in a satisfactory
14manner according to the standards prescribed by the governing
15board, the employing authority shall notify the employee in writing
16of that fact and describe the unsatisfactory performance. The
17employing authority shall thereafter confer with the employee
18making specific recommendations as to areas of improvement in
19the employee’s performance and endeavor to assist the employee
20in his or her performance. If any permanent certificated employee
21has received an unsatisfactory evaluation, the employing authority
22shall annually evaluate the employee until the employee achieves
23a positive evaluation or is separated from the district.

24(c) Any evaluation performed pursuant to this article that
25contains an unsatisfactory rating of an employee’s performance
26in the area of teaching methods or instruction may include the
27requirement that the certificated employee shall, as determined
28necessary by the employing authority, participate in a program
29designed to improve appropriate areas of the employee’s
30performance and to further pupil achievement and the instructional
31objectives of the employing authority. If a district participates in
32the Peer Assistance and Review Program for Teachers established
33pursuant to Article 4.5 (commencing with Section 44500), any
34certificated employee who receives an unsatisfactory rating on an
35evaluation performed pursuant to this section shall participate in
36the Peer Assistance and Review Program for Teachers.

37(d) Hourly and temporary hourly certificated employees, other
38than those employed in adult education classes who are excluded
39by the provisions of Section 44660, and substitute teachers may
P6    1be excluded from the provisions of this section at the discretion
2of the governing board.

3

SEC. 5.  

If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.



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