Bill Text: CA SB441 | 2013-2014 | Regular Session | Amended
Bill Title: Education employment: certificated employees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-02 - Returned to Secretary of Senate pursuant to Joint Rule 62(a). [SB441 Detail]
Download: California-2013-SB441-Amended.html
BILL NUMBER: SB 441 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2013
AMENDED IN SENATE APRIL 9, 2013
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:
SECTION 1. Section 44500 of the Education Code is amended to read:
44500. (a) There is hereby established the California Peer
Assistance and Review Program for Teachers. The governing board of a
school district and the exclusive representative of the certificated
employees in the school district may develop and implement a program
authorized by this article that meets local conditions and conforms
with the principles set forth in subdivision (b).
(b) The following principles, at a minimum, shall be included in a
locally developed program authorized by this article:
(1) A teacher participant shall be a permanent employee in a
school district with 250 or greater units of average daily attendance
or a permanent or probationary employee in a school district with
fewer than 250 units of average daily attendance and volunteer to
participate in the program or be referred for participation in the
program as a result of an evaluation performed pursuant to Section
44662 or 44664. In addition, teachers receiving assistance may be
referred pursuant to a collectively bargained agreement.
(2) Performance goals for an individual teacher shall be in
writing, clearly stated, aligned with pupil learning, and consistent
with Section 44662.
(3) Assistance and review shall include multiple observations of a
teacher during periods of classroom instruction.
(4) The program shall expect and strongly encourage a cooperative
relationship between the consulting teacher and the principal with
respect to the process of peer assistance and review.
(5) The school district shall provide sufficient staff development
activities to assist a teacher to improve his or her teaching skills
and knowledge.
(6) The program shall have a monitoring component with a written
record.
(7) The final evaluation of a teacher's participation in the
program shall be made available for placement in the personnel file
of the teacher receiving assistance.
SEC. 2. Section 44661 of the Education Code is amended to read:
44661. (a) In the development and adoption
of guidelines and procedures pursuant to this article, the governing
board shall avail itself of the advice of the certificated
instructional personnel in the district's organization of
certificated personnel and of the parents of pupils,
including obtaining systematic and continuing input through open
feedback consider the findings of sessions,
surveys, and specific focus groups by subject matter and grade level
from parents of pupils .
(b) This section does not alter or affect the provisions set forth
in Section 3543.2 of the Government Code.
SEC. 3. 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 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, the following
minimum criteria:
(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) At least four rating levels shall be used in evaluating a
certificated employee pursuant to this section. The governing board
of the school district shall define each rating level used.
(d) 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.
(e) 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.
(f) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
(g) Nothing in this section shall be construed as in any way
limiting the authority of school district governing boards to develop
and adopt additional evaluation and assessment guidelines or
criteria.
SEC. 4. Section 44664 of the Education Code is amended to read:
44664. (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) At least every three years for personnel with permanent status
who have been employed at least 10 years with the school district,
are highly qualified, if those personnel occupy positions that are
required to be filled by a highly qualified professional by the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301 et
seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous
evaluation rated the employee as meeting or exceeding standards, if
the evaluator and certificated employee being evaluated agree. The
certificated employee or the evaluator may withdraw consent at any
time.
(b) The evaluation shall include recommendations as to areas of
improvement in the performance of the employee. If an employee is not
performing his or her duties in a satisfactory manner according to
the standards prescribed by the governing board, the employing
authority shall notify the employee in writing of that fact and
describe the unsatisfactory performance. The employing authority
shall thereafter confer with the employee making specific
recommendations as to areas of improvement in the employee's
performance and endeavor to assist the employee in his or her
performance. If any permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the employee until the employee achieves a positive
evaluation or is separated from the district.
(c) Any evaluation performed pursuant to this article that
contains an unsatisfactory rating of an employee's performance in the
area of teaching methods or instruction may include the requirement
that the certificated employee shall, as determined necessary by the
employing authority, participate in a program designed to improve
appropriate areas of the employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority. If a district participates in the Peer Assistance and
Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), any certificated employee who
receives an unsatisfactory rating on an evaluation performed pursuant
to this section shall participate in the Peer Assistance and Review
Program for Teachers.
(d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board.
SEC. 5. 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.
