BILL NUMBER: AB 48	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member John A. Pérez

                        DECEMBER 6, 2010

   An act to amend Sections 44661 and 44662 of the Education Code,
relating to school personnel.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 48, as introduced, John A. Pérez. School personnel: evaluation
and assessment.
   Existing law states the intent of the Legislature that school
governing boards establish a uniform system of evaluation and
assessment of the performance of all certificated personnel within
each district. Existing law provides that in the development and
adoption of guidelines and procedures for evaluation and assessment,
that the governing board shall avail itself of the advice of the
certificated instructional personnel in the district's organization
of certificated personnel, as specified.
   This bill would instead specify that the procedures to be used for
evaluation of certificated employees shall be subject to specified
provisions of law regarding the scope of representation by the
exclusive representative of certificated employees and that the
school governing board shall consult with the exclusive
representative of certificated employees with respect to all other
matters related to the evaluation of certificated employees.
   Existing law requires the governing board of each school district
to evaluate and assess certificated employee performance as it
reasonably relates to several elements including the progress of
pupils toward established standards and the state adopted academic
content standards, as specified.
   This bill would also include the progress of pupils towards other
specified academic content standards.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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.   The procedures to be used for the
evaluation of certificated employees pursuant to this article shall
be subject to subdivision (a) of Section 3543.2 of the Government
Code. The governing   board shall consult with the exclusive
representative of certificated employees with respect to all other
matters related to the evaluation of certificated employees pursuant
to this article. 
  SEC. 2.  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 evaluate and
assess certificated employee performance as it reasonably relates
to:
   (1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards  , including the academic content
standards adopted pursuant to Section 60605.8,  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) 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) 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) 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) 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.