BILL NUMBER: AB 5	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2011
	AMENDED IN SENATE  JUNE 9, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 4, 2011
	AMENDED IN ASSEMBLY  MARCH 8, 2011

INTRODUCED BY   Assembly Member Fuentes

                        DECEMBER 6, 2010

   An act to amend Section 44661.5 of, to amend and add Sections
44660, 44661, 44662, and 44664 of, and to add Section 44662.5 to, the
Education Code, relating to teachers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 5, as amended, Fuentes. Teachers: best practices teacher
evaluation.
   Existing law states the intent of the Legislature that 
school district  governing boards  of school districts
 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 provide that the provisions described above would
become inoperative on July 1 of the first fiscal year following the
fiscal year in which the deficit factor, as specified, is reduced to
zero. The bill would state findings and declarations of the
Legislature regarding the nature of effective teachers and of the
teaching profession. Commencing on July 1 of the first fiscal year
following the fiscal year in which the deficit factor, as specified,
is reduced to zero, the bill would require the governing board of
each school district to adopt and implement a locally negotiated best
practices teacher evaluation system, described 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 also require the governing board
of each school district to establish and define job responsibilities
for certificated, noninstructional employees and evaluate and assess
their performance in relation to those responsibilities.  The
bill would provide that these provisions do not apply to certificated
personnel who are employed on an hourly basis in adult education
classes. 
   By requiring school districts to perform additional duties, the
bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 44660 of the Education Code is amended to read:

   44660.  (a) It is the intent of the Legislature that governing
boards establish a uniform system of evaluation and assessment of the
performance of all certificated personnel within each school
district of the state, including schools conducted or maintained by
county superintendents of education. The system shall involve the
development and adoption by each school district of objective
evaluation and assessment guidelines which may, at the discretion of
the governing board, be uniform throughout the district or, for
compelling reasons, be individually developed for territories or
schools within the district, provided that all certificated personnel
of the district shall be subject to a system of evaluation and
assessment adopted pursuant to this article.
   (b) This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.
   (c) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 2.  Section 44660 is added to the Education Code, to read:
   44660.  (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.
   (5) Certificated, noninstructional employees share the same deep
commitment to children, families, and communities, and they provide
essential support and administrative services to pupils and teachers
that enable pupils to succeed.
   (b) The Legislature further finds and declares that because
teachers are the most important school-related factor for influencing
pupil academic success 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. 
   (c) This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes. 

   (c) 
    (d)  This section shall become operative on July 1 of
the first fiscal year following the fiscal year in which the deficit
factor set forth in Section 42238.146 is reduced to zero.
  SEC. 3.  Section 44661 of the Education Code is amended to read:
   44661.  (a) In the development and adoption of guidelines and
procedures pursuant to this article, the governing board shall avail
itself of the advice of the certificated instructional personnel in
the district's organization of certificated personnel; provided,
however, that the development and adoption of guidelines pursuant to
this article shall also be subject to the provisions of Article 1
(commencing with Section 7100) of Chapter 2 of Part 5 of Division 1
of Title 1.
   (b) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 4.  Section 44661 is added to the Education Code, to read:
   44661.  (a) The governing board of each school district shall
adopt and implement a best practices teacher evaluation system as set
forth in this article.
   (b) The best practices teacher evaluation system required to be
adopted pursuant to this article shall be locally negotiated pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code. If the certificated employees of the
school district do not have an exclusive bargaining representative,
the governing board of the school district shall adopt objective
evaluation and support components, as applicable, that are consistent
with this article.
   (c) This section shall become operative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 5.  Section 44661.5 of the Education Code is amended to read:
   44661.5.  (a) When developing and adopting objective evaluation
and assessment guidelines pursuant to Section 44660, a school
district may, by mutual agreement between the exclusive
representative of the certificated employees of the school district
and the governing board of the school district, include any objective
standards from the National Board for Professional Teaching
Standards or any objective standards from the California Standards
for the Teaching Profession if the standards to be included are
consistent with this article. If the certificated employees of the
school district do not have an exclusive representative, the school
district may adopt objective evaluation and assessment guidelines
consistent with this section.

   (b) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 6.  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 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.
   (g) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 7.  Section 44662 is added to the Education Code, to read:
   44662.  (a) A best practices teacher evaluation system has the
following attributes:
   (1) Each teacher is evaluated on the degree to which he or she
accomplishes the following objectives:
   (A) 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.
   (B) Creates and maintains effective environments for pupil
learning, to the extent that those environments are within the
teacher's control.
   (C) 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.
   (D) 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, including, but not
limited to, incorporation of multicultural information and content
into the delivery of curriculum, to eliminate the achievement gap.
   (E) Uses pupil assessment information to inform instruction and to
improve learning, evidence of which shall include, but is not
limited to, use of formative and summative assessments to adjust
instructional practices to meet the needs of individual pupils. For
certified employees who directly instruct English learner pupils in
acquiring English language fluency, the assessment information shall
include the results of assessments adopted pursuant to Chapter 7
(commencing with Section 60810) of Part 33 of Division 4.
   (F) 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.
   (G)  (i)    Contributes to 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 
   (ii)     Measures  used for assessing
pupil academic growth shall be valid and reliable for the purpose of
teacher evaluation, provided that the evaluation and assessment of
certificated employee performance pursuant to this section shall not
include the use of publisher's norms established by standardized
tests. For certificated employees who directly instruct English
learner pupils in acquiring English, measures shall include the
degree to which pupils acquire the English language development
standards adopted pursuant to Section 60811 for the purpose of
improving a pupil's English proficiency. Pupil data used for purposes
of teacher evaluation shall be confidential in the same manner as
all other elements of a teacher's personnel file.
   (2) Multiple observations of instructional and other professional
practices are conducted by evaluators who have  received
appropriate training   been appropriately trained and
calibrated to ensure consistency  and who have demonstrated
competence in teacher evaluation, as determined by the school
district.
   (A) Multiple observations may include, but are not limited to,
classroom observations, one-on-one discussions, and review of
classroom materials and course of study.
   (B) Observations shall be conducted using a uniform evaluation
tool that is appropriate to the teacher's assignment.
   (C) Prior to each observation, the observer shall meet with the
teacher to discuss the purpose of the observation.
   (D) 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.
   (b) 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 for purposes of determining needs for professional
development or providing corrective advice for the certificated
employee being evaluated. A nonsupervisory 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.
   (c) This section shall become operative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 8.  Section 44662.5 is added to the Education Code, to read:
   44662.5.  (a) The governing board of each school district shall
establish and define job responsibilities for certificated,
noninstructional employees, including, but not limited to,
supervisory and administrative personnel, whose responsibilities
cannot be evaluated appropriately under the provisions of subdivision
(a) of Section 44662. The governing board of each school district
shall evaluate and assess the performance of certificated,
noninstructional employees as it reasonably relates to the
fulfillment of those responsibilities.
   (b) This section shall become operative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 9.  Section 44664 of the Education Code is amended to read:
   44664.  (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 Section 7801 of Title 20 of the United States
Code, 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 employee. If an
employee is not performing his or her 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 employee making specific
recommendations as to areas of improvement in the employee's
performance and endeavor to assist the employee in his or her
performance. If 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 district.
   (c) An evaluation performed pursuant to this article that contains
an unsatisfactory rating of an 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 district participates in the Peer Assistance and
Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), a certificated employee who receives
an unsatisfactory rating on an evaluation performed pursuant to this
section shall participate in the 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.
   (e) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 10.  Section 44664 is added to the Education Code, to read:
   44664.  (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) Except as may be provided in the best practices teacher
evaluation system locally negotiated pursuant to subdivision (b) of
Section 44661, at least every three 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 Section 7801 of Title 20 of
the United States Code, 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 employee. If an
employee is not performing his or her 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 employee making specific
recommendations as to areas of improvement in the employee's
performance and endeavor to assist the employee in his or her
performance. If 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 district.
   (c) An evaluation performed pursuant to this article that contains
an unsatisfactory rating of an 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 district participates in the Peer Assistance and
Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), a certificated employee who receives
an unsatisfactory rating on an evaluation performed pursuant to this
section shall participate in the 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.
   (e) This section shall become operative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero.
  SEC. 11.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.