BILL NUMBER: SB 257	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 21, 2011

INTRODUCED BY   Senator Liu

                        FEBRUARY 10, 2011

   An act  to amend Section 44663 of the Education Code, 
relating to certificated employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 257, as amended, Liu. Certificated employees: evaluation and
assessment.
   Existing law requires the governing board of a school district to
evaluate and assess the performance of certificated employees as it
reasonably relates to the progress of pupils towards the standards of
expected pupil achievement established by the governing board, the
instructional techniques and strategies used by the employee, the
employee's adherence to curricular objectives, and the establishment
of a suitable learning environment.  Existing law requires that
an evaluation and assessment made pursuant to these provisions be
reduced to writing and a copy be transmitted to the certificated
employee not later than 30 days before the last schoolday scheduled
on the school calendar adopted by the governing board for the school
year in which the evaluation takes place.  
   This bill would state the intent of the Legislature to enact
legislation relating to various issues concerning the evaluation and
assessment of certificated employees.  
   Existing law requires that for a certificated noninstructional
employee who is employed on a 12-month basis, a copy of this
evaluation and assessment be transmitted to the employee no later
than June 30 of the year in which the evaluation and assessment is
made.  
   This bill would change this date from June 30 to July 1. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation that would address the following issues relating to the
evaluation and assessment of certificated employees:
   (a) All aspects of teacher and  school  district
effectiveness to ensure that an overhaul of the state's current
system is comprehensive enough to attract, develop, retain, and
support effective teachers and administrators.
   (b) The role of teachers, as well as teams of teachers,
administrators, and district systems that are responsible for
creating a high performing culture of learning.
   (c) A fair and transparent assessment and evaluation system that
respects the confidentiality of individual performance evaluations
and due process.
   (d) The use of successful and tested practices to set a foundation
for practical reforms that can be tailored to fit the needs of
California schools, recognizing the complexities of teaching and
school performance and the myriad issues that contribute to the
overarching goal of improving pupil achievement.
   (e) Policy changes at the state level that allow for local
flexibility while ensuring access to programs and content that meet
the needs of all pupils in the state.
   (f) The means by which various measures of accountability can be
incorporated into a support structure for the improvement of teacher
and  school  district effectiveness, including a clear and
improved method for dismissal of administrators and teachers who do
not make improvements or meet the expectations of the process.
   (g) An evaluation and assessment system that assists teachers in
developing their skills and positively impacting  student
  pupil  achievement, including a reasonable
approach to including pupil performance data, as well as pupil and
parent feedback and peer input.
   (h) An evaluation and assessment system that allows for teacher
development activities that provide support structures and allow
teachers to grow throughout their careers.
   (i) The role of administrators in effective teacher evaluation and
assessment, including, but not limited to, training in evaluation
methods and processes.
   SEC. 2.    Section 44663 of the   Education
Code   is amended to read: 
   44663.  (a) Evaluation and assessment made pursuant to this
article shall be reduced to writing and a copy thereof shall be
transmitted to the certificated employee not later than 30 days
before the last schoolday scheduled on the school calendar adopted by
the governing board for the school year in which the evaluation
takes place. The certificated employee shall have the right to
initiate a written reaction or response to the evaluation. This
response shall become a permanent attachment to the employee's
personnel file. Before the last schoolday scheduled on the school
calendar adopted by the governing board for the school year, a
meeting shall be held between the certificated employee and the
evaluator to discuss the evaluation.
   (b) In the case of a certificated noninstructional employee, who
is employed on a 12-month basis, the evaluation and assessment made
pursuant to this article shall be reduced to writing and a copy
thereof shall be transmitted to the certificated employee no later
than  June 30   July 1  of the year in
which the evaluation and assessment is made. A certificated
noninstructional employee, who is employed on a 12-month basis  ,
 shall have the right to initiate a written reaction or
response to the evaluation. This response shall become a permanent
attachment to the employee's personnel file. Before July 30 of the
year in which the evaluation and assessment takes place, a meeting
shall be held between the certificated employee and the evaluator to
discuss the evaluation and assessment.