California 2011-2012 Regular Session Status: In Committee

SB 355 — Education employment: certificated employees.

Last action — Returned to Secretary of Senate pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. Returned to Secretary of Senate pursuant to Joint Rule 56.

  2. Set, second hearing. Failed passage in committee. (Ayes 3. Noes 2. Page 948.) Reconsideration granted.

  3. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED.

  4. Set for hearing May 11.

  5. Set, first hearing. Hearing canceled at the request of author.

  6. Set for hearing April 13.

  7. Referred to Com. on ED.

  8. From printer. May be acted upon on or after March 18.

  9. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Emmerson · Cosponsor
  • Huff · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Huff

Co-sponsors (1)

  • Emmerson

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass.

Failed 3 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 3205
Total 3205
% of votes cast 30%20%0%50%
How each member voted (10)
Member Party Vote
Hancock — Nay
Huff — Yea
Runner — Yea
Lowenthal — Not Voting
Blakeslee — Yea
Liu — Not Voting
Price — Not Voting
Vargas — Nay
Alquist — Not Voting
Simitian — Not Voting

Official roll call →

Subjects

labor education
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Frequently asked questions

What does SB 355 do?
(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.
Who sponsors SB 355?
SB 355 is sponsored by Emmerson and Huff.
What is the current status of SB 355?
This bill died with 2011-2012 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 355?
Track SB 355 free on One Click Politics — get push/email alerts when it moves.

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