Amended in Senate April 9, 2013

Senate Bill No. 441

Introduced by Senator Calderon

February 21, 2013

An act begin delete relating to pupils end delete begin insert to amend Sections 44500, end insert begin insert 44661, end insert begin insert 44662, and 44664 of the Education Code, relating to education employment end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 441, as amended, Calderon. begin delete Pupils: achievement gap. end delete begin insert Education employment: certificated employees. end insert

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(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.

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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.

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(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.

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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.

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(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.

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This bill would also require the governing board to avail itself of the advice of parents of pupils, as specified.

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(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.

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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.

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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.

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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.

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This bill would state the intent of the Legislature to enact legislation that would reduce the achievement gap for pupils in California.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 44500 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

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
begin delete subdivision (c) of end delete Section begin insert 44662 or end insert 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.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 44661 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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 begin delete 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 end delete begin insert 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 end insert .

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begin insert SEC. 3. end insert   

end insert

begin insert Section 44662 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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 begin insert regularly end insert
evaluate and assess begin insert the performance of end insert certificated begin delete employee
performance as it reasonably relates to end delete begin insert employees assigned to
positions as classroom teachers or school principals using multiple
measures including, but not limited to end insert begin insert , the following minimum
criteria end insert :

(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 begin delete , end delete within the scope of the employee’s responsibilities.

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(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.

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(c)

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begin insert ( end insert begin insert d) end insert  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) begin insert , end insert
and shall evaluate and assess the performance of those
noninstructional certificated employees as it reasonably relates to
the fulfillment of those responsibilities.

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(d)

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begin insert ( end insert begin insert e) end insert  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)

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begin insert ( end insert begin insert f) end insert  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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(f)

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begin insert ( end insert begin insert g) end insert  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.

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begin insert SEC. 4. end insert   

end insert

begin insert Section 44664 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

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 begin delete five end delete begin insert three end insert 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.
begin delete 6301, end delete begin insert 6301 end insert 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 begin delete recommendations, if necessary, end delete
begin insert recommendations end insert 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 begin delete which end delete begin insert that end insert
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.

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begin insert SEC. 5. end insert   

end insert begin insert

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.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would reduce the achievement gap for pupils in
California.

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