BILL NUMBER: AB 430	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Olsen

                        FEBRUARY 15, 2013

   An act to add Article 3.3 (commencing with Section 44475) to
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code,
relating to teachers.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 430, as introduced, Olsen. Teacher evaluation: Teacher
Professional Growth Plan.
   (1) Existing law states the intent of the Legislature that
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 (A) 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, (B) the
instructional techniques and strategies used by the employee, (C) the
employee's adherence to curricular objectives, and (D) the
establishment and maintenance of a suitable learning environment,
within the scope of the employee's responsibilities.
   Existing law authorizes a school district to dismiss a permanent
certificated employee for unsatisfactory performance, among other
reasons.
   This bill would establish the Teacher Professional Growth Plan for
all school districts, to commence with the 2015-16 school year. The
bill would authorize the governing board of a school district and the
exclusive representative of the certificated employees of the school
district to meet and confer regarding the establishment of an
alternative teacher evaluation system. If the parties do not agree
upon an alternative teacher evaluation system, the bill would require
the governing board of the school district to conduct evaluations of
certificated employees pursuant to specified requirements, including
requiring (A) all certificated employees, including those with
permanent status, to be evaluated annually, (B) 50% of an evaluation
to be based on the academic growth experienced by pupils taught by
the certificated employee being evaluated and 50% based on classroom
observations conducted by peers and the principal of the school, and
(C) certificated employees to be evaluated as exemplary, effective,
developing, or needing improvement.
   The bill would require that evaluation system also to provide that
a certificated employee with permanent status who is evaluated after
one year as needing improvement lose permanent status and be placed
on probation. The bill would require the governing board to provide
that employee with professional training and development. The bill
would require renewal of permanent status if the employee is no
longer evaluated as needing improvement the following year,
otherwise, the employee would remain on probation for a 2nd year. If
the employee continues to need improvement at the end of the 2nd year
on probation, the bill would require the school district to dismiss
the certificated employee, as provided.
   By placing new requirements on school districts regarding teacher
evaluation, the bill would impose a state-mandated local program.
   (2) 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.  Article 3.3 (commencing with Section 44475) is added to
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code,
to read:

      Article 3.3.  Teacher Professional Growth Plan


   44475.  There is hereby established the Teacher Professional
Growth Plan. The plan shall commence with the 2015-16 school year and
shall be conducted at all school districts. This article shall
supersede existing provisions governing the evaluation of
certificated employees that conflict with this article.
   44476.  (a) The governing board of a school district and the
exclusive representative of the certificated employees of the school
district may meet and confer regarding the establishment of an
alternative teacher evaluation system. If the two parties reach an
agreement by January 1, 2015, the governing board of the school
district shall adopt the agreement by July 1, 2015. If the parties do
not reach an agreement, the governing board of the school district
shall conduct evaluations of certificated employees pursuant to
Section 44477. If the parties agree upon an alternative teacher
evaluation system, the governing board of the school district shall
use the evaluation system.
   (b) An alternative teacher evaluation system agreement adopted
pursuant to subdivision (a) may include the following:
   (1) Both value-added assessment measures and classroom
observation. The value-added assessment measures shall comprise of at
least one-third of the alternative teacher evaluation system.
   (2) Student surveys.
   (3) Parent surveys.
   (4) Teacher input, including, but not limited to, self assessments
and teacher portfolios.
   44477.  If the exclusive representative of the certificated
employees and the governing board of a school district do not reach
an agreement as described in Section 44476, the governing board of
the school district shall conduct evaluations of certificated
employees pursuant to the following requirements:
   (a) All certificated employees, including those with permanent
status, shall be evaluated annually.
   (b) Fifty percent of an evaluation shall be based on the academic
growth experienced by pupils taught by the certificated employee
being evaluated, as measured by assessments administered at the
beginning and end of the same school year.
   (c) Fifty percent of an evaluation shall be based on classroom
observations conducted by peers and the principal of the school in
which the evaluation takes place.
   (d) A certificated employee shall be evaluated as exemplary,
effective, developing, or needing improvement.
   (e) If it is determined after one year that a certificated
employee with permanent status needs improvement, that employee shall
lose permanent status and be placed on probation. While on
probation, the governing board of the school district shall provide
that employee with professional training and development, as the
governing board determines appropriate.
   (f) The permanent status of a certificated employee placed on
probation pursuant to this section shall be renewed if it is
determined in the following year that the employee no longer needs
improvement. If the employee continues to need improvement the
following year, the employee shall remain on probation for a second
year.
   (g) The permanent status of a certificated employee who remains on
probation for a second year shall be renewed if it is determined at
the end of the second year on probation that the employee no longer
needs improvement. If the employee continues to need improvement at
the end of the second year on probation, the school district shall
dismiss the certificated employee. Existing provisions governing the
dismissal of permanent certificated employees shall apply.
  SEC. 2.  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.