Today's Law As Amended

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AB-1505 Certificated school employee evaluations: distance learning: exemptions.(2021-2022)

As Amends the Law Today

 The Legislature finds and declares all of the following:
(a) The COVID-19 global pandemic has required schools to close for several months.
(b) These closures have required school staff to transition to distance learning.
(c) Distance learning has created tremendous disruptions to the educational process.
(d) Evaluating school employees during a time of closures creates numerous challenges for both educators and administrators that could negatively impact the evaluation of these employees.
(e) It is impossible for current employee evaluation tools to accurately measure the performance of certificated employees during school closures.
(f) Employee evaluations of permanent employees, and temporary employees who have served at least two years in the same position, should be postponed until schools have reopened.

SEC. 2.

 Section 44664 of the Education Code is amended to read:

 (a) Evaluation and assessment of the performance of each certificated employee shall be made on a continuing basis as follows:
(1) At least once each school year for probationary personnel.
(2) At least every other year for personnel with permanent status.
(3) At least every five years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, if those personnel occupy positions that are required to be filled by a highly qualified professional by the federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301, et seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. The certificated employee or the evaluator may withdraw consent at any time.
(b) The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the certificated  employee. If an  a certificated  employee is not performing his or her  the employee’s  duties in a satisfactory manner according to the standards prescribed by the governing board, the employing authority shall notify the employee in writing of that fact and describe the unsatisfactory performance. The employing authority shall thereafter confer with the certificated  employee making specific recommendations as to areas of improvement in the employee’s performance and endeavor to assist the employee in his or her  the employee’s  performance. If any a  permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the employee until the employee achieves a positive evaluation or is separated from the school  district.
(c) Any An  evaluation performed pursuant to this article which that  contains an unsatisfactory rating of an  a certificated  employee’s performance in the area of teaching methods or instruction may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the employee’s performance and to further pupil achievement and the instructional objectives of the employing authority. If a school  district participates in the California  Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), any a  certificated employee who receives an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California  Peer Assistance and Review Program for Teachers.
(d) Hourly and temporary hourly certificated employees, other than those employed in adult education classes who are excluded by the provisions of  Section 44660, and substitute teachers may be excluded from the provisions of this section at the discretion of the governing board. board of the school district. 
(e) (1) Notwithstanding subdivisions (a) and (b), a school district that has closed schoolsites and implemented distance learning for the schools within its jurisdiction because of fire, flood, impassable roads, an epidemic, or another emergency shall exempt all permanent certificated employees who instruct pupils from any formal evaluations during any period of distance learning.
(2) Notwithstanding Section 44660 and subdivision (d), the exemption described in paragraph (1) shall also apply to all temporary certificated employees who instruct pupils or who are employed in adult education classes who have served at least two years in the same position.
(3) Formal evaluations for the certificated employees who are exempt pursuant to paragraphs (1) and (2) shall not resume until schoolsites have resumed in-person instruction.