Amended in Senate April 17, 2013

Senate Bill No. 453

Introduced by Senator Huff

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(Coauthors: Senators Anderson, Berryhill, Emmerson, Fuller, Gaines, Knight, Nielsen, Walters, and Wyland)

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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 amended, 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. begin delete Existing law prohibits the evaluation and assessment of certificated employee performance from including the use of publishers’ norms established by standardized tests. end delete

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 begin delete , end delete and to fully implement the system by the 2016-17 school year begin delete , and would require the Superintendent of Public Instruction to institute fiscal penalties for noncompliance end delete . begin delete The bill would delete the provisions prohibiting the use of publishers’ norms established by standardized tests in evaluating and assessing certificated employees. end delete 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.

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

SEC. 2.  

Section 44660 of the Education Code is amended to
read:

44660.  

(a) 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.

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

(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.

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 begin delete both end delete teachers begin delete and principals end delete begin insert , end insert 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 begin delete and principal end delete 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 begin delete and principal end delete effectiveness measure.
begin insert A school district may use other measures of student performance
in subjects for which quantitative measures of student growth are
not available. end insert

(c)  begin delete (1) end delete begin delete   end delete 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.

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(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.

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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.

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(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.

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(e)

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begin insert (f) end insert  This section does not limit the authority of the governing
board of a school district 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) A permanent employee shall not 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 a
probationary employee shall not be deprived of his or her position
for cause other than as specified in Sections 44948 to 44949,
inclusive.

(b) (1) 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 has 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 described 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
has 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 a permanent employee shall not 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
that the permanent employee is certificated and competent to
render.

(2) In 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.

(3) As 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 pupils, including distinctions based upon performance
evaluations. 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 termination of services shall be given before the
May 15 in the manner prescribed in Section 44949, and services
of employees shall be terminated in the inverse of the order in
which they were employed, as determined by the board in
accordance with 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.

(d) Notwithstanding subdivision (b), and except as specified in
subdivision (e), a school district may deviate from terminating a
certificated employee in order of seniority for any 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
as it applies to pupils.

(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.

(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.

(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.

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 begin insert , end insert
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.  

A permanent employee whose services have been
terminated as provided in Section 44955 shall have the following
rights:

(a) For the period of 39 months from the date of the 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 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
that the 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.

(b) 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 the waiver shall not deprive
the employee of his or her right to subsequent offers of
reappointment.

(c) Notwithstanding subdivision (a), a school district may
deviate from reappointing a certificated employee in order of
seniority for either 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
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
as it applies to pupils.

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

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

(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:

(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.

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

(g) (1) 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 the
employee to service that he or she is certificated and competent
to render, in one of the other districts. The compensation the
employee receives, in the discretion of the governing board, may
be the same as the employee would have received had he or she
been serving in the district from which the employee’s services
were terminated. The employee’s service in the other district or
districts shall be counted toward the period required for both state
and local retirement as though rendered in the district from which
the employee’s services were terminated. The employee shall not
displace any other permanent employee in the other district or
districts.

(2) It is the intent of this subdivision 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.

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

(i) If the employee becomes disabled or reaches retirement age
at any time before his or her return to service, the employee shall
receive, in any state or district retirement system of which the
employee was a member, all benefits to which he or she would
have been entitled if the disability or retirement occurred at the
time of his or her termination of service, plus any benefits the
employee 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.