AB 135,
as amended, Buchanan. begin deleteCertificated employees: evaluation. end deletebegin insertSchool employees: child abuse: reporting.end insert
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.
end insertbegin insertThis 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.
end insertbegin insertThe 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.
end insertbegin insertThis 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.
end insertExisting 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.
end deleteThis bill would instead require the evaluation and assessment of the above personnel at least every 3 years.
end deleteBy requiring school districts to perform additional duties, this bill would impose a state-mandated local program.
end deleteThe 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.
end deleteThis 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.
end deleteVote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 44692 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert
(a) The governing board of each school district and
4county office of education, and the governing body of each charter
5school, shall adopt a policy on the reporting of child abuse and
6the responsibilities of mandated reporters, as defined in Section
P3 111165.7 of the Penal Code, in accordance with the requirements
2of the Child Abuse and Neglect Reporting Act (Article 2.5
3(commencing with Section 11164) of Chapter 2 of Title 1 of Part
44 of the Penal Code).
5(b) Each school district, charter school, and county office of
6education shall, at a minimum, review the mandated reporting
7requirements of school employees, pursuant to the Child Abuse
8and Neglect Reporting Act (Article 2.5 (commencing with Section
911164) of
Chapter 2 of Title 1 of Part 4 of the Penal Code), with
10all school personnel within the first six weeks of each school year,
11as part of a regularly scheduled staff meeting.
If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.
Section 44664 of the Education Code is amended
18to read:
(a) Evaluation and assessment of the performance of
20each certificated employee shall be made on a continuing basis as
21follows:
22(1) At least once each school year for probationary personnel.
23(2) At least every other year for personnel with permanent status.
24(3) At least every three years for personnel with permanent
25status who have been employed at least 10 years with the school
26district, are highly
qualified, if those personnel occupy positions
27that are required to be filled by a highly qualified professional by
28the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
29et seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous
30evaluation rated the employee as meeting or exceeding standards,
31if the evaluator and certificated employee being evaluated agree.
32The certificated employee or the evaluator may withdraw consent
33at any time.
34(b) The evaluation shall include recommendations, if necessary,
35as to areas of improvement in the performance of the employee.
36If an employee is not performing his or her duties in a satisfactory
37manner according to the standards prescribed by the governing
38board, the employing authority shall notify the employee in writing
39of that fact and describe the unsatisfactory performance. The
40employing authority shall
thereafter confer with the employee
P4 1making specific recommendations as to areas of improvement in
2the employee’s performance and endeavor to assist the employee
3in his or her performance. If a permanent certificated employee
4has received an unsatisfactory evaluation, the employing authority
5shall annually evaluate the employee until the employee achieves
6a positive evaluation or is separated from the district.
7(c) Any evaluation performed pursuant to this article that
8contains an unsatisfactory rating of an employee’s performance
9in the area of teaching
methods or instruction may include the
10requirement that the certificated employee shall, as determined
11necessary by the employing authority, participate in a program
12designed to improve appropriate areas of the employee’s
13performance and to further pupil achievement and the instructional
14objectives of the employing authority. If a district participates in
15the Peer Assistance and Review Program for Teachers established
16pursuant to Article 4.5 (commencing with Section 44500), a
17certificated employee who receives an unsatisfactory rating on an
18evaluation performed pursuant to this section shall participate in
19the Peer Assistance and Review Program for Teachers.
20(d) Hourly and temporary hourly certificated employees, other
21than those employed in adult
education classes who are excluded
22by the provisions of Section 44660, and substitute teachers may
23be excluded from the provisions of this section at the discretion
24of the governing board.
If the Commission on State Mandates determines that
26this act contains costs mandated by the state, reimbursement to
27local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.
O
98