SB 955

Bill Subjects

Abstract

(1) Existing law provides that, after a certificated employee of a school district or a county superintendent of schools with an average daily attendance of 250 or more completes 2 consecutive years of employment and is reelected for the next succeeding school year to a position requiring certification, the employee becomes and is classified as a permanent employee of the school district or county superintendent. Existing law additionally requires the governing board of a school district or county superintendent to notify the employee on or before March 15 of the employee's 2nd year of probation of the decision of the governing board or school district to reelect or not reelect the employee for the next succeeding school year to the position. This bill would instead require the governing board and county superintendent of schools to notify the employee of its decision to reelect or not reelect the employee on or after May 1 but no later than 30 days before the last schoolday scheduled on the school calendar of the employee's 2nd year of probation. (2) Existing 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, including schools conducted or maintained by county superintendents of education. Existing law requires the evaluation and assessment system to involve the development and adoption of objective guidelines that may be uniform throughout the district or, for compelling reasons, be individually developed for territories or schools within the district. This bill would make this provision inoperative on July 1, 2012, and repeal it as of January 1, 2013. The bill would reenact the requirement that the governing board establish a uniform system of evaluation and assessment and require it to be a rigorous, transparent, and fair multiple measures evaluation system for both teachers and principals. By requiring the evaluation and assessment system to conform to specified multiple measure requirements, the bill would impose a state-mandated local program. The bill would subject the requirement to develop and implement the evaluation system to specified annual audits commencing with the 2012–13 fiscal year and would require the Superintendent of Public Instruction to institute fiscal penalties, as specified, for noncompliance. (3) Existing law prohibits the evaluation and assessment of certificated employee performance from including the use of publishers' norms established by standardized tests. The bill would delete this prohibition. (4) Existing law establishes certain procedures with which the governing board of a school district is required to comply before dismissing or suspending a permanent employee, including, at the employee's option, a hearing. Existing law establishes a Commission on Professional Competence for each hearing, consisting of specified members. Existing law deems the decision of the Commission on Professional Competence to be the final decision of the governing board. Existing law prohibits a notice of dismissal or suspension initiated pursuant to these provisions from being given between May 15 and September 15, inclusive, in any year. This bill would delete that prohibition. The bill would make various changes to the provisions relating to the hearing, including authorizing the commission on professional competence to consist solely of an administrative law judge, as well as providing that the decision of the commission would be advisory, and the final decision regarding the discipline of the employee would be determined by action of the governing board. The bill would provide that an employee requesting a hearing would be placed on administrative leave without pay, unless the employee furnishes to the school district acceptable security, as specified, in which case the employee would be continued to be paid his or her regular salary. (5) Existing law authorizes the decision of a Commission on Professional Competence to be reviewed by a court of competent jurisdiction on petition of either the governing board or the employee. This bill would instead authorize the decision to be reviewed on petition of the employee. (6) Existing law requires, when a reduction in the number of certificated employees employed by a school district is authorized for specified reasons, the notice of the termination of the services of an employee in the subsequent school year be given by the governing board to the employee, in a prescribed manner, before May 15. Existing law requires the superintendent of the district, prior to March 15 and before an employee is given the described notice, to give written notice to the governing board and the employee that it has been recommended that the notice be given to the employee, and stating the reasons therefor. Existing law authorizes an employee who is given this notice to request a hearing to determine if there is cause for not reemploying him or her for the ensuing year. This bill would eliminate this notice requirement and the authority of an employee to request a hearing. (7) Existing law provides that when employees are terminated pursuant to a reduction in workforce, that a school district is required to terminate the employees in order of seniority. Existing law provides certain exceptions to this rule. This bill would provide additional exceptions, including authorizing school districts to terminate employees on the basis of performance evaluations, as specified, and on the basis that the employee is assigned to a schoolsite that has been selected by the governing board for exemption from certificated reductions in force, based upon the needs of the educational program. (8) Existing law generally requires school districts to adhere to certain requirements with respect to teacher and administrator employment. Existing law requires a charter school petition to set forth specified information in its charter relating to employment, including the qualifications to be met by individuals to be employed at the school. This bill would authorize school districts, county offices of education, and charter schools to assign, reassign, and transfer teachers and administrators based on effectiveness and subject matter needs, and without regard to years of service. (9) Existing law provides certain rights for permanent school employees who have been terminated pursuant to specified provisions of law, including the right to be offered prior opportunity for substitute service during the absence of any other employee who has been granted a leave of absence or who is temporarily absent from duty, as specified, and generally requires terminations and reappointments to be made in order of seniority, as specified. Existing law also authorizes a school district to deviate from the order of seniority in certain circumstances. This bill would expand the list of circumstances under which a school district is authorized to deviate from terminating or reappointing a certificated employee in order of seniority. The bill would revise the compensation requirements for employees who serve as substitute teachers in a position requiring certification qualifications for 21 days or more within a period of 60 schooldays by requiring a school district to compensate the employee at a rate no less than the amount the employee would have received if he or she were being reappointed beginning on the 22nd day during that 60-day period instead of the first day of that service. The bill would prohibit a school district from taking into consideration whether an employee has exercised specified rights to meet and negotiate when deviating from the order of seniority. The bill would make the bill's provisions applicable to county superintendent of schools, and would delete obsolete provisions relating to employees who were on probation prior to 1984. (10) 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. (11) This bill would declare that it is to take effect immediately as an urgency statute.