BILL NUMBER: AB 48	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member John A. Pérez

                        DECEMBER 6, 2010

    An act to amend Sections 44661 and 44662 of the Education
Code, relating to school personnel.   An act to add
Article 13 (commencing with Section 44670) to Chapter 3 of Part 25 of
Divi   sion 3 of Title 2 of the Education Code, relating to
teachers. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 48, as amended, John A. Pérez.  School personnel:
evaluation and assessment.   Teachers: best practices
teacher evaluation.  
   Existing law states the intent of the Legislature that school
district governing boards establish a uniform system of evaluation
and assessment of the performance of all certificated personnel
within each school district of the state. Existing law requires the
governing board of each school district to establish standards of
expected pupil achievement at each grade level in each area of study
and to evaluate and assess certificated employee performance on a
continuing basis as it reasonably relates to the progress of pupils
toward the established standards and, if applicable, the state
adopted academic content standards as measured by state adopted
criterion referenced assessments, 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 state findings and declarations of the Legislature
regarding the nature of effective teachers and of the teaching
profession. This bill would describe a best practices teacher
evaluation system as one in which each teacher is evaluated on a
continuing basis on the degree to which he or she accomplishes
specific objectives and multiple observations of instructional and
other professional practices are conducted by trained evaluators. The
bill would provide that a school district that implements a best
practices teacher evaluation program is not subject to the evaluation
and assessment provisions described above, and would authorize the
school district to use specified funds for any educational purpose
during the fiscal year in which a best practices teacher evaluation
program is operative in that school district. The bill would also
prohibit a school district that implements a best practices teacher
evaluation program from initiating charges against an employee for
unsatisfactory performance unless he or she is given the opportunity
to participate in a peer assistance and review process, as specified.
 
   Existing law states the intent of the Legislature that school
governing boards establish a uniform system of evaluation and
assessment of the performance of all certificated personnel within
each district. Existing law provides that in the development and
adoption of guidelines and procedures for evaluation and assessment,
that the governing board shall avail itself of the advice of the
certificated instructional personnel in the district's organization
of certificated personnel, as specified.  
   This bill would instead specify that the procedures to be used for
evaluation of certificated employees shall be subject to specified
provisions of law regarding the scope of representation by the
exclusive representative of certificated employees and that the
school governing board shall consult with the exclusive
representative of certificated employees with respect to all other
matters related to the evaluation of certificated employees.
 
   Existing law requires the governing board of each school district
to evaluate and assess certificated employee performance as it
reasonably relates to several elements including the progress of
pupils toward established standards and the state adopted academic
content standards, as specified.  
   This bill would also include the progress of pupils towards other
specified academic content standards. 
   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.    Article 13 (commencing with Section
44670) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of
the   Education Code   , to read:  

      Article 13.  Best Practices Teacher Evaluation


   44670.  (a) The Legislature finds and declares all of the
following:
   (1) Teaching is a professional endeavor, in which effective
practice is driven by an understanding of knowledge in the field and
a commitment to all pupils and their families.
   (2) Excellent teaching requires knowledge, skills, artistry,
passion, and commitment.
   (3) Effective teachers integrate ethical concern for children and
society, extensive subject matter competence, thoughtfully selected
pedological practices, and a depth of knowledge about their pupils,
including knowledge of child and adolescent development and learning,
an understanding of their individual strengths, interests, and
needs, and knowledge about their families and communities.
   (4) Effective teachers share a common set of professional and
ethical obligations that includes a profound and fundamental
commitment to the growth and success of the individual pupils in
their care as well as to the strengthening and continual
revitalization of our democratic society.
   (b) The Legislature further finds and declares that the primary
purpose of an evaluation system is to ensure that teachers meet the
highest professional standards of effective teaching, thereby
resulting in high levels of pupil learning.
   44671.  A best practices teacher evaluation system has the
following attributes:
   (a) Each teacher is evaluated on the degree to which he or she
accomplishes the following objectives:
   (1) Engages and supports all pupils in learning, evidence of which
may include, but is not limited to, evidence of high expectations
and active pupil engagement for each pupil.
   (2) Creates and maintains effective environments for pupil
learning.
   (3) Understands and organizes subject matter for pupil learning,
evidence of which may include, but is not limited to, extensive
subject matter, content standards, and curriculum competence.
   (4) Plans instruction and designs learning experiences for all
pupils, evidence of which may include, but is not limited to, use of
differentiated instruction and practices based upon pupil progress
and use of culturally responsive instruction to eliminate the
achievement gap.
   (5) Uses pupil assessment information to inform instruction and to
improve learning, evidence of which may include, but is not limited
to, use of formative assessments to adjust instructional practices to
meet the needs of individual pupils.
   (6) Develops as a professional educator, evidence of which may
include, but is not limited to, consistent and positive relationships
with pupils, parents, staff, and administrators, use of
collaborative professional practices for improving instructional
strategies, participation in identified professional growth
opportunities, and use of meaningful self-assessment to improve as a
professional educator.
   (7) Assesses pupil academic growth based upon multiple measures,
which may include, but are not limited to, classroom work, local and
state academic assessments, and pupil grades, classroom
participation, presentations and performances, and projects and
portfolios. Measures used for assessing pupil academic growth shall
be valid and reliable for the purpose of teacher evaluation. Pupil
data used for purposes of teacher evaluation shall be confidential.
   (b) Multiple observations of instructional and other professional
practices are conducted by evaluators who have received appropriate
training and who have demonstrated competence in teacher evaluation.
   (1) Multiple observations may include, but are not limited to,
classroom observations, one-on-one discussions, and review of
classroom materials and course of study.
   (2) Observations shall be conducted using a uniform tool for use
in observing the teacher for purposes of conducting an evaluation
pursuant to this article.
   (3) Prior to each observation, the observer shall meet with the
teacher to discuss the purpose of the observation.
   (4) After each observation, the observer shall meet with the
teacher to discuss recommendations, as necessary, with regard to
areas of improvement in the performance of the teacher.
   (c) Teachers are evaluated with the frequency set forth in
subdivision (a) of Section 44664.
   (d) The teacher evaluation system is locally negotiated pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title
1 of the Government Code.
   (e) This section shall not be interpreted to prohibit a locally
negotiated evaluation process from designating certificated employees
to conduct, or participate in, evaluations of other certificated
employees. A certificated employee who conducts, or participates in,
an evaluation pursuant to this article shall not be deemed to be
exercising a management or supervisory function as defined by
subdivision (g) or (m) of Section 3540.1 of the Government Code.
   44672.  (a) Results of an evaluation conducted pursuant to this
article shall be reduced to writing, and a copy thereof shall be
provided to the teacher at a time and in a manner determined pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code.
   (b) The teacher shall have the right to initiate a written
reaction or response to the evaluation. This response shall become a
permanent attachment to his or her personnel file.
   (c) The teacher shall be entitled to a meeting with the evaluator
to discuss the evaluation at a time and in a manner determined
pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4
of Title 1 of the Government Code.
   44673.  (a) Notwithstanding any other law, a school district that
implements a best practices teacher evaluation system as set forth in
this article may use funds received pursuant to the items set forth
in paragraph (2) of subdivision (a) of Section 42605 as it read on
May 1, 2011, for any educational purpose during any fiscal year in
which a best practices teacher evaluation system as set forth in this
article is operative in that district.
   (b) A school district that implements a best practices teacher
evaluation system as set forth in this article shall not be subject
to the requirements of Article 11 (commencing with Section 44660).
   44674.  A school district that implements a best practices teacher
evaluation system as set forth in this article shall not initiate
charges against an employee pursuant to subdivision (b) of Section
44938 unless the employee is given the opportunity to participate in
a peer assistance and review process established pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code that is consistent with the process set forth in
Article 4.5 (commencing with Section 44500).  
  SECTION 1.    Section 44661 of the Education Code
is amended to read:
   44661.  The procedures to be used for the evaluation of
certificated employees pursuant to this article shall be subject to
subdivision (a) of Section 3543.2 of the Government Code. The
governing board shall consult with the exclusive representative of
certificated employees with respect to all other matters related to
the evaluation of certificated employees pursuant to this article.
 
  SEC. 2.    Section 44662 of the Education Code is
amended to read:
   44662.  (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
in each area of study.
   (b) The governing board of each school district shall evaluate and
assess certificated employee performance as it reasonably relates
to:
   (1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards, including the academic content standards
adopted pursuant to Section 60605.8, as measured by state adopted
criterion referenced assessments.
   (2) The instructional techniques and strategies used by the
employee.
   (3) The employee's adherence to curricular objectives.
   (4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee's responsibilities.
   (c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be evaluated
appropriately under the provisions of subdivision (b) and shall
evaluate and assess the performance of those noninstructional
certificated employees as it reasonably relates to the fulfillment of
those responsibilities.
   (d) Results of an employee's participation in the Peer Assistance
and Review Program for Teachers established by Article 4.5
(commencing with Section 44500) shall be made available as part of
the evaluation conducted pursuant to this section.
   (e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
   (f) Nothing in this section shall be construed as in any way
limiting the authority of school district governing boards to develop
and adopt additional evaluation and assessment guidelines or
criteria.