BILL NUMBER: AB 1372 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 24, 2011
INTRODUCED BY Assembly Member Norby
FEBRUARY 18, 2011
An act to amend Sections 44662 and 60641 of the Education Code,
relating to certificated employees.
LEGISLATIVE COUNSEL'S DIGEST
AB 1372, as amended, Norby. Certificated employees: evaluation and
assessment.
(1) Existing law requires the governing board of each school
district to evaluate and assess certificated employee performance as
it reasonably relates to the academic progress of pupils, 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. Existing law
prohibits this evaluation and assessment from including the use of
publishers' norms established by standardized tests.
This bill would delete this prohibition, and instead authorize the
evaluation and assessment to include the use of publishers' norms
established by standardized tests.
(2) Existing law establishes the Standardized Testing and
Reporting Program, also known as the STAR Program, and requires the
State Department of Education to ensure that school districts
administer the California Standards Test to their pupils, as
specified. Existing law requires the publisher of the California
Standards Tests to make individual pupil, grade, school, school
district, and state results available to the department, and requires
the department to make the grade, school, school district, and state
results available on the Internet.
This bill would additionally require the publisher to provide the
test results for each class, and the name of the teacher who provided
instruction for that class, to the department. The bill would
require the department to post this information on the
Internet an appropriate and easily accessible location
on its Internet Web site, and to provide to each school district, by
August 31 of each year, this information and the uniform
resource locator (URL) that links to this information for purposes of
inclusion with each school accountability report card. The bill
would require each schoolsite and school district to provide its data
to a person who requests the data, as specified. Because this bill
would require local educational agencies to perform
additional duties, it would impose a state-mandated local program
.
(3) 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: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 may 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.
SEC. 2. Section 60641 of the Education Code is amended to read:
60641. (a) The department shall ensure that school districts
comply with each of the following requirements:
(1) The standards-based achievement test provided for in Section
60642.5 is scheduled to be administered to all pupils during the
period prescribed in subdivision (b) of Section 60640.
(2) The individual results of each pupil test administered
pursuant to Section 60640 shall be reported, in writing, to the
parent or guardian of the pupil. The written report shall include a
clear explanation of the purpose of the test, the score of the pupil,
and the intended use by the school district of the test score. This
subdivision does not require teachers or other school district
personnel to prepare individualized explanations of the test score of
each pupil.
(3) (A) The individual results of each pupil test administered
pursuant to Section 60640 also shall be reported to the school and
teachers of a pupil. The school district shall include the test
results of a pupil in his or her pupil records. However, except as
provided in this section, individual pupil test results only may be
released with the permission of either the pupil's parent or guardian
if the pupil is a minor, or the pupil if the pupil has reached the
age of majority or is emancipated.
(B) Notwithstanding subparagraph (A), a pupil or his or her parent
or guardian may authorize the release of individual pupil results to
a postsecondary educational institution for the purpose of credit,
placement, determination of readiness for college-level coursework,
or admission.
(4) The districtwide, school-level, and grade-level results of the
STAR Program in each of the grades designated pursuant to Section
60640, but not the score or relative position of any individually
ascertainable pupil, shall be reported to the governing board of the
school district at a regularly scheduled meeting, and the countywide,
school-level, and grade-level results for classes and programs under
the jurisdiction of the county office of education shall be
similarly reported to the county board of education at a regularly
scheduled meeting.
(b) (1) The publisher of the standards-based achievement tests
provided for in Section 60642.5 shall make the individual
pupil,class, pupil, class, teacher, grade,
school, school district, and state results available to the
department pursuant to paragraph (9) of subdivision (a) of Section
60643 by August 8 of each year in which the achievement test is
administered for those schools for which the last day of test
administration, including makeup days, is on or before June 25.
(2) (A) The department shall make the class,
teacher, grade, school, school district, and state results available
on the Internet an appropriate and easily
accessible location on its Internet Web site by August 15 of
each year in which the achievement test is administered for those
schools for which the last day of test administration, including
makeup days, is on or before June 25. For purposes of this paragraph,
when posting the results for each class, the department shall post
the name of the teacher who provided instruction for that class.
(B) The department shall provide to each school district both of
the following by August 31 of each year:
(i) The data described in subparagraph (A).
(ii) The uniform resource locator (URL) that links to the data
described in subparagraph (A) for purposes of inclusion with each
school accountability report card.
(C) Upon request, each schoolsite shall provide a copy of its data
described in subparagraph (A) to any individual who requests it, and
each school district shall provide a copy of the data for any
schoolsite in the district to any individual who requests it.
(i) For purposes of this subparagraph, each schoolsite and school
district shall respond to a request for data within five business
days. A response may include mailing the data in hard copy or
providing the data by electronic mail, or arranging for the data to
be made available at the schoolsite or school district.
(ii) For purposes of this subparagraph, each schoolsite and school
district shall ensure that, with the exception of teacher names
posted pursuant to subparagraph (A), personal directory information
is not included in the data supplied to an individual requester.
(c) The department shall take all reasonable steps to ensure that
the results of the test for all pupils who take the test by June 25
are made available on the Internet by August 15, as set forth in
subdivision (b).
(d) The department shall ensure that a California Standards Test
that is augmented for the purpose of determining credit, placement,
or readiness for college-level coursework of a pupil in a
postsecondary educational institution inform a pupil in grade 11 that
he or she may request that the results from that assessment be
released to a postsecondary educational institution.
SEC. 3. 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.