California Assembly Bill AB947 Amended / Bill

 BILL NUMBER: AB 947AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 21, 2013 INTRODUCED BY Assembly Member Olsen FEBRUARY 22, 2013 An act to amend  Section 60604 of   Sections 44955 and 44956 of, and to add Section 44955.2 to,  the Education Code, relating to  pupil assessment.   school employees.  LEGISLATIVE COUNSEL'S DIGEST AB 947, as amended, Olsen.  Pupil assessment: statewide program.   School employees: teachers: termination: reappointment: seniority deviation.   Existing law provides that, when the services of 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 a preferred right to reappointment and an 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 authorizing school districts to terminate an employee on the basis of performance evaluations 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 workforce, 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 would prohibit a school district that deviates from the order of seniority for purposes of terminating a certificated employee from taking into consideration whether an employee has exercised any of the rights guaranteed in the Educational Employment Relations Act.   The bill would also authorize a school district, during the period of an employee's preferred right to reappointment, to deviate from the order of seniority in offering the opportunity for substitute service for either of specified reasons.   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 that protection relates to pupils.   The bill would make various nonsubstantive and clarifying changes.   Existing law, the Leroy Greene California Assessment of Academic Achievement Act, which will become inoperative on July 1, 2014, and as of January 1, 2015, is repealed, requires the Superintendent of Public Instruction to design and implement a statewide pupil assessment program, and requires school districts, charter schools, and county offices of education to administer to each of its pupils in grades 2 to 11, inclusive, certain achievement tests, including a standards-based achievement test pursuant to the Standardized Testing and Reporting (STAR) Program.   This bill would make nonsubstansive changes to those provisions relating to the design and implementation of a statewide pupil assessment program by the Superintendent.  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 44955 of the   Education Code   is amended to read:  44955. (a)  No   A  permanent employee shall  not  be deprived of his or her position for causes other than those specified in Sections 44907 and 44923, and Sections 44932 to 44947, inclusive, and  no   a  probationary employee shall  not  be deprived of his or her position for cause other than as specified in Sections 44948 to 44949, inclusive. (b)  (1)     Whenever   If  in any school year the average daily attendance in all of the schools of a district for the first six months in which school is in session  shall have   has  declined below the corresponding period of either of the previous two school years,  whenever   if  the governing board determines that attendance in a district will decline in the following year as a result of the termination of an interdistrict tuition agreement as  defined   described  in Section 46304,  whenever   if  a particular kind of service is to be reduced or discontinued not later than the beginning of the following school year, or  whenever   if  the amendment of state law requires the modification of curriculum, and  when   if  in the opinion of the governing board of the district it  shall have   has  become necessary by reason of any of these conditions to decrease the number of permanent employees in the district, the governing board may terminate the services of not more than a corresponding percentage of the certificated employees of the district, permanent as well as probationary, at the close of the school year. Except as otherwise provided by statute, the services of  no   a  permanent employee  may   shall not  be terminated under the provisions of this section while any probationary employee, or any other employee with less seniority, is retained to render a service  which said   that the  permanent employee is certificated and competent to render.  In   (2)     In  computing a decline in average daily attendance for purposes of this section for a newly formed or reorganized school district, each school of the district shall be deemed to have been a school of the newly formed or reorganized district for both of the two previous school years.  As   (3)     As  between employees who first rendered paid service to the district on the same date, the governing board shall determine the order of termination solely on the basis of needs of the district and the  students thereof   pupils, including distinctions based upon performance evaluations  . Upon the request of any employee whose order of termination is so determined, the governing board shall furnish in writing no later than five days  prior to   before  the commencement of the hearing held in accordance with Section 44949, a statement of the specific criteria used in determining the order of termination and the application of the criteria in ranking each employee relative to the other employees in the group. This requirement that the governing board provide, on request, a written statement of reasons for determining the order of termination shall not be interpreted to give affected employees any legal right or interest that would not exist without such a requirement. (c) Notice of  such  termination of services shall be given before  the 15th of  May  15  in the manner prescribed in Section 44949, and services of  such  employees shall be terminated in the inverse of the order in which they were employed, as determined by the board in accordance with  the provisions of  Sections 44844 and 44845. In the event that a permanent or probationary employee is not given the notices and a right to a hearing as provided for in Section 44949, he or she shall be deemed reemployed for the ensuing school year.  The governing board shall make assignments and reassignments in such a manner that employees shall be retained to render any service which their seniority and qualifications entitle them to render. However, prior to assigning or reassigning any certificated employee to teach a subject which he or she has not previously taught, and for which he or she does not have a teaching credential or which is not within the employee's major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject.  (d) Notwithstanding subdivision (b),  a   nd except as specified in subdivision (e),  a school district may deviate from terminating a certificated employee in order of seniority for  either   any  of the following reasons: (1) The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the certificated employee has special training and experience necessary to teach that course or course of study or to provide those services, which others with more seniority do not possess. (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws  as it applies to pupils  .  (3) On the basis of performance evaluations, if pursuant to a process whereby employees with superior evaluations are retained over those with inferior evaluations. The governing board may exercise its discretion in developing the process, which shall be applied uniformly to the entire class that is subject to the reduction in workforce.   (4) 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 workforce, based upon the needs of the educational program.   (e) A school district shall not deviate from terminating a certificated employee in order of seniority if the employee has 18 months or less from his or her date of retirement, or is on medical leave.   SEC.   2.   Section 44955.2 is added to the   Education Code   , to read:   44955.2. A school district that deviates from the order of seniority for purposes of terminating a certificated employee under any provision of this chapter shall do so on the basis of one or more of the items specified in subdivision (d) of Section 44955, and shall not take into consideration whether an employee has exercised any of the rights guaranteed under Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code.   SEC.   3.   Section   44956 of the   Education Code   is amended to read:  44956.  (a)    Any   A  permanent employee whose services have been terminated as provided in Section 44955 shall have the following rights:  (1)   (a)  For the period of 39 months from the date of  such   the  termination, any employee who in the meantime has not attained the age of 65 years shall have the preferred right to reappointment, in the order of original employment as determined by the board in accordance with  the provisions of  Sections 44831 to 44855, inclusive, if the number of employees is increased or the discontinued service is reestablished, with no requirements that were not imposed upon other employees who continued in service; provided, that no probationary or other employee with less seniority shall be employed to render a service  which said   that the  employee is certificated and competent to render. However, prior to reappointing any employee to teach a subject which he or she has not previously taught, and for which he or she does not have a teaching credential or which is not within the employee's major area of postsecondary study or the equivalent thereof, the governing board shall require the employee to pass a subject matter competency test in the appropriate subject.  (2)   (b)  The  aforesaid  right to reappointment  set out in subdivision (a)  may be waived by the employee, without prejudice, for not more than one school year, unless the board extends this right, but  such   the  waiver shall not deprive the employee of his  or her  right to subsequent offers of reappointment.  (3)   (c)  Notwithstanding  paragraph (1)   subdivision (a)  , a school district may deviate from reappointing a certificated employee in order of seniority for either of the following reasons:  (A)   (1)  The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and that the employee has special training and experience necessary to teach that course or course of study, or to provide those services, which others with more seniority do not possess.  (B)   (2)  For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the  laws.   laws as that protection applies to pupils.   (4) As to any such   (d)     For an employee who is reappointed, the period of his  or her  absence shall be treated as a leave of absence and shall not be considered as a break in the continuity of his  or her  service, he  or she  shall retain the classification and order of employment he  or she  had when his  or her  services were terminated, and credit for prior service under any state or district retirement system shall not be affected by  such   the  termination, but the period of his  or her  absence shall not count as a part of the service required for retirement.  (5)   (e)  During the period of  his   an employee's  preferred right to reappointment,  any such   the  employee  shall  , in the order of original employment,  shall  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; provided, that his  or her  services may be terminated upon the return to duty of  said   the  other employee and that  said   the  substitute service shall not affect the retention of his  or her  previous classification and rights. If, in any school year the employee serves as a substitute in any position requiring certification for  any  21 days or more within a period of 60 schooldays, the compensation the employee receives for substitute service in that 60-day period, including his or her first 20 days of substitute service, shall  not  be  not  less than the amount the employee would receive if he or she were being reappointed.  (f) Notwithstanding subdivision (e), a school district may deviate from the order of seniority in offering the opportunity for substitute service for either of the following reasons:   (1) The district demonstrates a specific need for personnel to teach a specific course or course of study, or to provide services authorized by a services credential with a specialization in either pupil personnel services or health for a school nurse, and the employee has special training and experience, and has demonstrated the competency necessary to teach in a specified grade level or course of study, or to provide those services, that others with more seniority do not possess or are not able to provide.   (2) For purposes of maintaining or achieving compliance with constitutional requirements related to equal protection of the laws as that protection applies to pupils.   (6)   (g)   (1)    During the period of the employee's preferred right to reappointment, the governing board of the district, if it is also the governing board of one or more other districts, may assign  him   the employee  to  service, which   services that  he  or she  is certificated and competent to render, in  said   one of the  other  district or districts; provided, that the   districts. The  compensation  he   the employee  receives  therefor may   ,  in the discretion of the governing board  , may  be the same as  he   the employee  would have received had he  or she  been serving in the district from which  his   the employee's  services were  terminated, that his   terminated. The employee's  service in the  said  other district or districts shall be counted toward the period required for both state and local retirement  , as defined by Section 22102,  as though rendered in the district from which  his   the employee's  services were  terminated, and that no permanent   terminated. The  employee  in said   shall not displace any other permanent employee in the  other district or districts  shall be displaced by him  .  It   (2)    It  is the intent of this  subsection   subdivision  that the employees of a school district, the governing board of which is also the governing board of one or more other school districts, shall not be at a disadvantage as compared with employees of a unified school district.  (7)   (h)  At any time prior to the completion of one year after  his   the employee's  return to service,  he   the employee  may continue or make up, with interest, his  or her  own contributions to any state or district retirement system  ,  for the period of his  or her  absence, but it shall not be obligatory on  the  state or district to match  such   the  contributions.  (8) Should be become   (i)     If the employee becomes  disabled or  reach   reaches  retirement age at any time before his  or her  return to service,  he   the employee  shall receive, in any state or district retirement system of which  he   the employee  was a member, all benefits to which he  or she  would have been entitled  had such event   if the disability or retirement  occurred at the time of his  or her  termination of service, plus any benefits  he   the employee  may have qualified for thereafter, as though still employed.  SECTION 1.   Section 60604 of the Education Code is amended to read: 60604. (a) The Superintendent shall design and implement, consistent with the timetable and plan required pursuant to subdivision (b), a statewide pupil assessment program consistent with the testing requirements of this article and in accordance with the objectives set forth in Section 60602. That statewide pupil assessment program shall include all of the following: (1) A plan for producing valid, reliable, and comparable individual pupil scores in grades 2 to 11, inclusive, and a comprehensive analysis of these scores based on the results of the achievement test designated by the state board that assesses a broad range of basic academic skills pursuant to the Standardized Testing and Reporting (STAR) Program established by Article 4 (commencing with Section 60640). (2) A method of working with publishers to ensure valid, reliable, and comparable individual, grade-level, school-level, district-level, county-level, and statewide scores in grades 2 to 11, inclusive. (3) Statewide academically rigorous content and performance standards that reflect the knowledge and skills that pupils will need to succeed in the information-based, global economy of the 21st century. These skills shall not include personal behavioral standards or skills, including, but not limited to, honesty, sociability, ethics, or self-esteem. (4) A statewide system that provides the results of testing in a manner that reflects the degree to which pupils are achieving the academically rigorous content and performance standards adopted by the state board. (5) The alignment of assessment with the statewide academically rigorous content and performance standards adopted by the state board. (6) The active, ongoing involvement of parents, classroom teachers, administrators, other educators, governing board members of school districts, and the public in all phases of the design and implementation of the statewide pupil assessment program. (7) The development of a contract or contracts with a publisher or publishers, after the approval of statewide academically rigorous content standards by the state board, for the development of performance standards and assessments of applied academic skills designed to test pupils' knowledge of academic skills and abilities to apply that knowledge and those skills to solve problems and communicate. (b) The Superintendent shall develop and annually update for the Legislature a five-year cost projection, implementation plan, and timetable for implementing the program described in subdivision (a). The annual update shall be submitted on or before March 1 of each year to the chairperson of the fiscal subcommittee considering budget appropriations in each house. The update shall explain any significant variations from the five-year cost projection for the current year budget and the proposed budget. (c) The Superintendent shall provide each school district with guidelines for professional development that are designed to assist classroom teachers to use the results of the assessments administered pursuant to this chapter to modify instruction for the purpose of improving pupil learning. These guidelines shall be developed in consultation with classroom teachers and approved by the state board before dissemination. (d) The Superintendent and the state board shall consider comments and recommendations from school districts and the public in the development, adoption, and approval of assessment instruments. (e) The results of the achievement test administered pursuant to Article 4 (commencing with Section 60640) shall be returned to the school district within the period of time specified by the state board.