Education employment: certificated employees.

(1) Existing law requires each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil academic progress, the instructional techniques and strategies used by the employee, the employee's adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employee's responsibilities. This bill would authorize the governing board of a school district to evaluate and assess the performance of certificated employees pursuant to a "multiple-measures evaluation system," defined in the bill as a teacher and principal evaluation system that uses multiple research-validated approaches to measuring effectiveness, as specified. Any system developed pursuant to these provisions would be required to meet specified criteria, including a quantitative pupil academic achievement growth component that constitutes at least 30% of the overall teacher and principal effectiveness measure. (2) Existing law provides that when employees are terminated pursuant to a reduction in workforce, a school district is required to terminate the employees in order of seniority. Existing law further provides those employees with preferred right to reappointment and opportunity for substitute service in order of seniority. Existing law authorizes a school district to deviate from the order of seniority for those purposes for specified reasons, including compliance with constitutional requirements related to equal protection of the laws. This bill would provide additional reasons for which a school district may deviate from terminating employees in order of seniority, including basing a decision on performance evaluations, if the governing board has implemented the provisions relating to a multiple-measures evaluation system, as described, 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. The bill would provide an exception to this authorization for an employee who has 18 months or less from his or her date of retirement, or is on medical leave. The bill also would authorize the governing board of a school district to deviate from seniority when reappointing employees or offering employees the opportunity for substitute service on the basis of performance evaluations, as specified. The bill would specify that the equal protection exception to the general requirement that terminations and reappointments occur in order of seniority applies to equal protection as it relates to pupils. (3) Existing law generally requires school districts to adhere to certain requirements with respect to teacher and administrator employment, and requires charter school petitions to contain certain information relating to employment. 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, without regard to years of service. (4) This bill would make various nonsubstantive and clarifying changes.