Senate Bill No. 453

Introduced by Senator Huff

February 21, 2013

An act to amend Sections 14501, 44662, 44955, and 44956 of, to amend and repeal Section 44660 of, and to add Sections 44660.5, 44955.1, and 44955.2 to, the Education Code, relating to school employees.

LEGISLATIVE COUNSEL’S DIGEST

SB 453, as introduced, Huff. School employees: teachers: evaluation: termination.

(1) Existing law expresses 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 of a school district, including schools conducted or maintained by county superintendents of education. 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 instead require the governing board of a school district to establish an evaluation and assessment system for certificated employees that uses a multiple-measures evaluation system with multiple research-validated approaches to measuring effectiveness, as specified. The governing board would be required to establish the system by the 2015-16 school year, and to fully implement the system by the 2016-17 school year, and would require the Superintendent of Public Instruction to institute fiscal penalties for noncompliance. The bill would delete the provisions prohibiting the use of publishers’ norms established by standardized tests in evaluating and assessing certificated employees. The bill would require a compliance audit to include the verification of the development and implementation of the evaluation system. Because the bill would increase the duties of school districts, it would impose a state-mandated local program.

(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 authorizing school districts to terminate employees on the basis of performance evaluations 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 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.

(5) 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 14501 of the Education Code is amended
to read:

14501.  

(a) As used in this chapter, “financial and compliance
audit” shall be consistent with the definition provided in the
“Standards for Audits of Governmental Organizations, Programs,
Activities, and Functions” promulgated by the Comptroller General
of the United States. Financial and compliance audits conducted
under this chapter shall fulfill federal single audit requirements.

(b) As used in this chapter, “compliance audit” means an audit
that ascertains and verifies whether or not funds provided through
apportionment, contract, or grant, either federal or state, have been
properly disbursed and expended as required by law or regulation
or both and includes the verification of each of the following:

(1) The reporting requirements for the sufficiency of textbooks
or instructional materials, or both, as defined in Section 60119.

(2) Teacher misassignments pursuant to Section 44258.9.

(3) The accuracy of information reported on the School
Accountability Report Card required by Section 33126. The
requirements set forth in paragraphs (1) and (2) and this paragraph
shall be added to the audit guide requirements pursuant to
subdivision (b) of Section 14502.1.

begin insert

(4) The development and implementation of the teacher and
principal evaluation system required pursuant to Section 44660.5.

end insert

SEC. 2.  

Section 44660 of the Education Code is amended to
read:

44660.  

begin insert (a) end insert begin insert   end insert It is the intent of the Legislature that governing
boards establish a uniform system of evaluation and assessment
of the performance of all certificated personnel within each school
district of the state, including schools conducted or maintained by
county superintendents of education. The system shall involve the
development and adoption by each school district of objective
evaluation and assessment guidelines which may, at the discretion
of the governing board, be uniform throughout the district or, for
compelling reasons, be individually developed for territories or
schools within the district, provided that all certificated personnel
of the district shall be subject to a system of evaluation and
assessment adopted pursuant to this article.

begin delete

This

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.

begin insert

(c) This section shall become inoperative on July 1, 2015, and,
as of January 1, 2016, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2016, deletes or
extends the dates on which it becomes inoperative and is repealed.

end insert

SEC. 3.  

Section 44660.5 is added to the Education Code, to
read:

44660.5.  

(a) (1) By the 2015-16 school year, the governing
board of a school district shall establish a uniform system of
evaluation and assessment of the performance of all certificated
employees within the school district, and shall fully implement
the system by the 2016-17 school year. The system shall clearly
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. 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.

(2) This article applies to the county superintendent of schools
and the employees of schools conducted or maintained by the
county superintendent of schools.

(b) For purposes of this section, 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 Section 44662. A school district
evaluation system 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.

(c) (1) The requirement to develop and implement the
evaluation system shall be subject to the annual audits, conducted
pursuant to Section 14501, commencing with the 2015-16 fiscal
year.

(2) The Superintendent shall institute fiscal penalties for
noncompliance with this section. Fiscal penalties shall include,
but not be limited to, withholding 10 percent of the school district
or county office of education apportionments. This withholding
shall be returned to the school district or county office of education
once the evaluation system required by this section is implemented.

SEC. 4.  

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.

begin delete

(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.

end delete begin delete

(f) Nothing in this section shall be construed as in any way
limiting

end delete

begin insert (e) end insert begin insert   end insert begin insert This section does not limit end insert the authority of begin insert the governing
board of a end insert school district begin delete governing boards end delete to develop and adopt
additional evaluation and assessment guidelines or criteria.

SEC. 5.  

Section 44955 of the Education Code is amended to
read:

44955.  

(a)  begin delete No end delete begin insert A end insert permanent employee shall begin insert not end insert 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 begin delete no end delete begin insert a end insert probationary employee shall begin insert not end insert be deprived of his or
her position for cause other than as specified in Sections 44948 to
44949, inclusive.

(b)  begin insert (1) end insert begin insert   end insert Whenever in any school year the average daily
attendance in all of the schools of a district for the first six months
in which school is in session begin delete shall have end delete begin insert has end insert declined below the
corresponding period of either of the previous two school years,
whenever the governing board determines that attendance in a
district will decline in the following year as a result of the
termination of an interdistrict tuition agreement as begin delete defined end delete
begin insert described end insert in Section 46304, whenever 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 when in the opinion
of the governing board of the district it begin delete shall have end delete begin insert has end insert become
necessary by reason of any of these conditions to decrease the
number of permanent employees in the district, the governing
board may terminate the services of not more than a corresponding
percentage of the certificated employees of the district, permanent
as well as probationary, at the close of the school year. Except as
otherwise provided by statute, the services of begin delete no end delete begin insert a end insert permanent
employee begin delete may end delete begin insert shall not end insert 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 begin delete which said end delete begin insert that
the end insert permanent employee is certificated and competent to render.

begin delete

In

end delete

begin insert (2) end insert begin insert   end insert begin insert In end insert 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.

begin delete

As

end delete

begin insert (3) end insert begin insert   end insert begin insert As end insert between employees who first rendered paid service to
the district on the same date, the governing board shall determine
the order of termination solely on the basis of needs of the district
and the begin delete students thereof end delete begin insert pupils, including distinctions based upon
performance evaluations end insert . 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 begin delete such end delete termination of services shall be given before
the begin delete 15th of end delete May begin insert 15 end insert in the manner prescribed in Section 44949,
and services of begin delete such end delete employees shall be terminated in the inverse
of the order in which they were employed, as determined by the
board in accordance with begin delete the provisions of end delete 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.

begin delete

The governing board shall make assignments and reassignments
in such a manner that employees shall be retained to render any
service which their seniority and qualifications entitle them to
render. However, prior to assigning or reassigning any certificated
employee to teach a subject which he or she has not previously
taught, and for which he or she does not have a teaching credential
or which 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.

end delete

(d) Notwithstanding subdivision (b), begin insert a end insert begin insert nd except as specified in
subdivision (e), end insert a school district may deviate from terminating a
certificated employee in order of seniority for begin delete either end delete begin insert any end insert of the
following reasons:

(1) The 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
begin insert as it applies to pupils end insert .

begin insert

(3) On the basis of performance evaluations, if pursuant to a
process whereby employees with superior evaluations are retained
over those with inferior evaluations. The governing board may
exercise its discretion in developing the process, which shall be
applied uniformly to the entire class that is subject to the reduction
in force.

end insert begin insert

(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.

end insert begin insert

(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.

end insert

SEC. 6.  

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. 7.  

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. 8.  

Section 44956 of the Education Code is amended to
read:

44956.  

begin delete (a) end delete begin delete   end delete begin delete Any end delete begin insert A end insert permanent employee whose services have
been terminated as provided in Section 44955 shall have the
following rights:

begin delete

(1)

end delete

begin insert (a) end insert  For the period of 39 months from the date of begin delete such end delete begin insert the end insert
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 begin delete the provisions of end delete 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 probationary or other employee with less seniority
shall be employed to render a service begin delete which said end delete begin insert that the end insert employee
is certificated and competent to render. However, prior to
reappointing any employee to teach a subject which he or she has
not previously taught, and for which he or she does not have a
teaching credential or which 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.

begin delete

(2)

end delete

begin insert (b) end insert  The aforesaid right to reappointment may be waived by the
employee, without prejudice, for not more than one school year,
unless the board extends this right, but begin delete such end delete begin insert the end insert waiver shall not
deprive the employee of his begin insert or her end insert right to subsequent offers of
reappointment.

begin delete

(3)

end delete

begin insert (c) end insert  Notwithstanding begin delete paragraph (1) end delete begin insert subdivision (a) end insert , a school
district may deviate from reappointing a certificated employee in
order of seniority for either of the following reasons:

begin delete

(A)

end delete

begin insert (1) end insert  The 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.

begin delete

(B)

end delete

begin insert (2) end insert  For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws
begin insert as it applies to pupils end insert .

begin delete

(4)

end delete

begin insert (d) end insert   begin delete As to any such end delete begin insert For an end insert employee who is reappointed, the
period of his begin insert or her end insert absence shall be treated as a leave of absence
and shall not be considered as a break in the continuity of his begin insert or
her end insert service, he begin insert or she end insert shall retain the classification and order of
employment he begin insert or she end insert had when his begin insert or her end insert services were
terminated, and credit for prior service under any state or district
retirement system shall not be affected by begin delete such end delete begin insert the end insert termination,
but the period of his begin insert or her end insert absence shall not count as a part of the
service required for retirement.

begin delete

(5)

end delete

begin insert (e) end insert  During the period of begin delete his end delete begin insert an employee’s end insert preferred right to
reappointment, begin delete any such end delete begin insert the end insert employee begin delete shall end delete , in the order of original
employment, begin insert shall end insert 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 begin insert or her end insert services may be terminated upon the
return to duty of begin delete said end delete begin insert the end insert other employee and that begin delete said end delete begin insert the end insert substitute
service shall not affect the retention of his begin insert or her end insert previous
classification and rights. If, in any school year the employee serves
as a substitute in any position requiring certification for begin delete any end delete 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 begin insert not end insert be
begin delete not end delete less than the amount the employee would receive if he or she
were being reappointed.

begin insert

(f) Notwithstanding subdivision (e), a school district may deviate
from the order of seniority in offering the opportunity for substitute
service for either of the following reasons:

end insert begin insert

(1) The 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.

end insert begin insert

(2) For purposes of maintaining or achieving compliance with
constitutional requirements related to equal protection of the laws
as it applies to pupils.

end insert begin delete

(6)

end delete

begin insert (g) end insert   begin insert (1) end insert begin insert   end insert During the period of the employee’s preferred right to
reappointment, the governing board of the district, if it is also the
governing board of one or more other districts, may assign begin delete him end delete
begin insert the employee end insert to service begin delete , which end delete begin insert that end insert he begin insert or she end insert is certificated and
competent to render, in begin delete said end delete begin insert one of the end insert other begin delete district or districts;
provided, that the end delete begin insert districts. The end insert compensation begin delete he end delete begin insert the employee end insert
receives begin delete therefor may end delete begin insert , end insert in the discretion of the governing board begin insert ,
may end insert be the same as begin delete he end delete begin insert the employee end insert would have received had he
begin insert or she end insert been serving in the district from which begin delete his end delete begin insert the employee’s end insert
services were begin delete terminated, that his end delete begin insert terminated. The employee’s end insert
service in the begin delete said end delete other district or districts shall be counted toward
the period required for both state and local retirement begin delete , as defined
by Section 22102, end delete as though rendered in the district from which
begin delete his end delete begin insert the employee’s end insert services were begin delete terminated, and that no permanent end delete
begin insert terminated. The end insert employee begin delete in said end delete begin insert shall not displace any other
permanent employee in the end insert other district or districts begin delete shall be
displaced by him end delete .

begin delete

It

end delete

begin insert (2) end insert begin insert   end insert begin insert It end insert is the intent of this begin delete subsection end delete begin insert subdivision end insert 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.

begin delete

(7)

end delete

begin insert (h) end insert  At any time prior to the completion of one year after begin delete his end delete begin insert the
employee’s end insert return to service, begin delete he end delete begin insert the employee end insert may continue or
make up, with interest, his begin insert or her end insert own contributions to any state
or district retirement system begin delete , end delete for the period of his begin insert or her end insert absence,
but it shall not be obligatory on begin insert the end insert state or district to match begin delete such end delete
begin insert the end insert contributions.

begin delete

(8) Should be become

end delete

begin insert (i) end insert begin insert   end insert begin insert If the employee becomes end insert disabled or begin delete reach end delete begin insert reaches end insert retirement
age at any time before his begin insert or her end insert return to service, begin delete he end delete begin insert the employee end insert
shall receive, in any state or district retirement system of which
begin delete he end delete begin insert the employee end insert was a member, all benefits to which he begin insert or she end insert
would have been entitled begin delete had such event end delete begin insert if the disability or
retirement end insert occurred at the time of his begin insert or her end insert termination of service,
plus any benefits begin delete he end delete begin insert the employee end insert may have qualified for thereafter,
as though still employed.

SEC. 9.  

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.