Bill Text: CA SB441 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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 9, 2013

INTRODUCED BY   Senator Calderon

                        FEBRUARY 21, 2013

   An act  relating to pupils   to amend
Sections 44500,   44661,   44662, a   nd
44664 of the Education Code, relating to education employment  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 441, as amended, Calderon.  Pupils: achievement gap.
  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.  
   Existing law requires the Superintendent of Public Instruction,
with approval of the State Board of Education, to develop the
Academic Performance Index consisting of a variety of indicators
reported to the State Department of Education to track the
achievement of schools and their pupils.  
   This bill would state the intent of the Legislature to enact
legislation that would reduce the achievement gap for pupils in
California. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  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 
subdivision (c) of  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.  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;
provided, however, that the development and adoption of guidelines
pursuant to this article shall also be subject to the provisions of
Article 1 (commencing with Section 7100) of Chapter 2 of Part 5 of
Division 1 of Title 1   personnel and of the parents of
pupils, including obtaining systematic and continuing input through
open feedback sessions, surveys, and specific focus groups by subject
matter and   grade level  .
   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  employee performance as it reasonably relates
to   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. 

   (c) 
    (   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. 
   (d) 
    (   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.

   (e) 
    (   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. 
   (f) 
    (   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  five   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,   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, if
necessary,   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 
which   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.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation that would reduce the achievement gap for pupils
in California.