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Doe v Deasy Writ (All Counsel Edits)

Doe v Deasy Writ (All Counsel Edits)

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Published by leoniehaimson
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Published by: leoniehaimson on Jul 27, 2012
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07/27/2012

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SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF LOS ANGELESJANE DOE 1, et al.,Petitioners and Plaintiffs,v.JOHN DEASY, Superintendent, Los AngelesUnified School District; MONICA GARCIA,President, Board of Education, Los AngelesUnified School District; TAMAR GALATZAN, BENNETT KAYSER,MARGUERITE LAMOTTE, NURYMARTINEZ, RICHARD VLADOVIC,STEVE ZIMMER, Members, Board of Education, Los Angeles Unified SchoolDistrict; and DOES 1 through 10, inclusive,Respondents and Defendants,UNITED TEACHERS LOS ANGELES; andASSOCIATED ADMINISTRATORS OF LOSANGELES,Real Parties in Interest,PUBLIC EMPLOYMENT RELATIONSBOARD,Intervenor.Case No. BS134604[The Honorable James C. Chalfant]
WRIT OF MANDATE
Date Action Filed: November 1, 2011
WRIT OF MANDATE
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To John Deasy, Monica Garcia, Tamar Galatzan, Bennett Kayser, Marguerite LaMotte, NuryMartinez, Richard Vladovic, Steve Zimmer, Los Angeles Unified School District (“LAUSD” or “District”) their employees, assigns, and successors) (all collectively “Respondents”):Judgment having been entered in this action, directing that a writ of mandate be issued from thisCourt, RESPONDENTS ARE HEREBY COMMANDED, immediately upon receipt of this writ, asfollows:a.The LAUSD must modify its current evaluation process to comply with the Stull Actrequirement in Education Code § 44662(b)(1) that the final evaluation of teachers, principals and assistant principals incorporate an assessment of the employee’s performance as it reasonably relates to the progress of pupils toward the District standardsat each grade level in each area of study, however measured. b.The LAUSD must modify its current evaluation process to comply with the Stull Actrequirement in Education Code § 44662(b)(1) that the final evaluation of teachers, principals and assistant principals incorporate an assessment of the employee’s performance as it reasonably relates to the progress of pupils toward State adoptedacademic content standards as measured by State adopted criterion referencedassessments, if applicable.c.The District has a great deal of discretion in how it complies with the pupil progressrequirement. The discretionary issues which the District must decide include (1) whether the District adopts the Academic Growth Over Time (“AGT”) System, uses studentgrades or pass/fail rates, or uses some other means of measuring student performance, (2)how student performance criteria are incorporated into teacher and administrator evaluations - e.g., directly as an express provision on a Stull final evaluation form or indirectly in some other manner, (3) the importance of student progress in relation to theother factors on which teachers and administrators are evaluated, and (4) the trainingrequirements for principals and assistant principals in how to use student progress in1
WRIT OF MANDATE
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teacher evaluations. Some or all of these issues may be required to be the subject of collective bargaining with UTLA and AALA. The Court is not opining on that issue.d.Additionally, while principals and assistant principals are clearly within the scope oEducation Code section 44662(b)(2), the District must determine in the first instancewhether administrators located outside of schools and in the Local Districts also arewithin its scope, or instead fall within Education Code section 44662(c) as certificatednoninstruction personnel whose responsibilities cannot be evaluated appropriately under Education Code section 44662(b).e.The District may make pupil progress a direct factor in the final teacher and principalevaluations, or it may consider pupil progress indirectly in such evaluations,incorporating it through other measurements and means. But there must be a nexus between pupil progress and the evaluations. First, the evaluator must know what the pupil progress is with respect to that teacher. Second, the evaluator must know how touse the pupil progress information (that is, the evaluator must be trained or otherwiseknow how significant the information is concerning pupil progress to the overallevaluation of the teacher). Third, since the evaluation must be in writing (§ 44663), theevaluator’s determination of the impact of pupil progress must be reflected somewhere inwriting (this does not mean that there must be a box on a form which directly address pupil progress; it does mean that pupil progress must be reflected in some factor on awritten teacher evaluation).f.Respondents are further commanded to make and file a return to this writ on or beforeSeptember 4, 2012, showing what Respondents have done to comply with this writ.Respondents are further commanded to make and file a return to this writ on or beforeDecember 4, 2012, showing that Respondents have fully-complied with the requirementsof this writ. This date is selected to allow for necessary time to conclude negotiations between the District and Real Parties In Interest UTLA and AALA on matters connectedto compliance with this writ (if any) that are subject to collective bargaining under the2
WRIT OF MANDATE
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