BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 22, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 575  
          O'Donnell & Atkins - As Amended April 7, 2015


          SUBJECT:  Teachers:  best practices teacher evaluation system


          SUMMARY:   Requires the governing board of each school district  
          and the governing body of each charter school to adopt and  
          implement a best practices teacher and administrator evaluation  
          system by July 1, 2018.  Specifically, this bill:  


          1)Requires the best practices teacher evaluation system to be  
            negotiated with the local collective bargaining unit; and,  
            specifies 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.

          2)Specifies that 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, which shall  
               account for not less than 10 percent of the overall  
               evaluation for each teacher:

               i)     Engages and supports all students in learning,  
                 evidence of which may include, but is not limited to,  








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                 high expectations and active student engagement for each  
                 student;
                  
               ii)    Creates and maintains effective environments for  
                 student learning;

               iii)   Understands and organizes subject matter for student  
                 learning, evidence of which may include, but is not  
                 limited to, extensive subject matter, content standards,  
                 and curriculum competence;

               iv)    Plans instruction and designs learning experiences  
                 for all students, evidence of which may include, but is  
                 not limited to, use of differentiated instruction and  
                 practices based on student 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;

               v)     Uses student assessment information to inform  
                 instruction and improve learning, evidence of which shall  
                 include, but is not limited to, the use of formative and  
                 summative assessments to adjust instructional practices  
                 to meet the needs of individual students; and, specifies  
                 that for certificated employees who directly instruct  
                 English learner pupils in acquiring English language  
                 fluency, the assessment information shall include the  
                 results of the English language development test;

               vi)    Develops as a professional educator, evidence of  
                 which may include, but is not limited to, consistent and  
                 positive relationships with students, parents, staff and  
                 administrators, use of collaborative professional  
                 practices for improving instructional strategies, use of  
                 participation in identified professional growth  
                 opportunities, and use of meaningful self-assessment to  
                 improve as a professional educator; and, 









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               vii)   Contributes to student academic growth based on  
                 multiple measures which include state and local formative  
                 and summative assessments, and may include but are not  
                 limited to, classroom work, local and, student grades,  
                 classroom participation, student presentations and  
                 performance, and student projects and portfolios;  
                 specifies 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 for the  
                 purpose of improving a pupil's English proficiency; and,  
                 specifies that 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.

             b)   Multiple observations of instructional and other  
               professional practices conducted by evaluators who have  
               received appropriate training and calibration and who have  
               demonstrated competence in teacher evaluation, as  
               determined by the school district. 

               i)     Specifies that multiple observations may include,  
                 but are not limited to, classroom observations,  
                 one-on-one discussions, and review of classroom materials  
                 and course of study.

               ii)    Specifies the observations shall be conducted using  
                 a uniform tool for use in observing the teacher for the  
                 purpose of conducting an evaluation.

               iii)   Specifies that prior to each observation, the  
                 observer shall meet with the teacher to discuss the  
                 purpose of the observation and 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.

               iv)    Nothing shall prohibit evaluators from conducting  
                 unscheduled classroom visits.








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             c)   A minimum of three performance levels for the evaluation  
               of teacher performance.

          3)Evaluations at least once each school year for probationary  
            personnel; at least every other year for personnel with  
            permanent status; or, except as may be provided in the best  
            practices teacher evaluation system that is negotiated with  
            the local collective bargaining unit, at least every three  
            years for personnel with permanent status who have been  
            employed at least 10 years with the school district, and are  
            highly qualified under the federal No Child Left Behind Act;  
            requires the evaluator to conduct at least one informal  
            observation per year during a year when the certificated  
            employee does not receive a formal performance evaluation and  
            assessment.


             a)   Authorizes a locally negotiated evaluation process to  
               designate certificated employees to conduct, or participate  
               in, evaluations of other certificated employees for the  
               purposes of determining needs for professional development  
               or providing corrective advice for the certificated  
               employee being evaluated, as specified.  

             b)   Specifies a best practices teacher evaluation system  
               shall not omit any of the attributes specified.

          4)Requires the evaluation to include recommendations, if  
            necessary, as to areas of improvement in the performance of  
            the employee as follows:

             a)   If an employee is not performing his or her duties in a  
               satisfactory manner according to the standards prescribed  
               by the governing board of the school district or the  
               governing body of the charter school, the employing  
               authority shall notify the employee in writing of that fact  
               and describe the unsatisfactory performance.









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             b)   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.

             c)   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 school  
               district or charter school.

             d)   An evaluation 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.

             e)   If a school district or charter school participates in  
               the California Peer Assistance and Review Program for  
               Teachers, a certificated employee of that school district  
               or charter school who receives an unsatisfactory rating on  
               an evaluation shall participate in the California Peer  
               Assistance and Review Program for Teachers.

          5)Specifies the administrator evaluation shall include, but not  
            be limited to, all of the following attributes:

             a)   Promoting the success of all pupils by facilitating the  
               development and implementation of a vision of pupil  
               learning, including, but not limited to, communicating with  
               parents, pupils, and the community regarding the importance  
               of a standards-based education and high expectations for  
               all pupils.

             b)   Advocating and supporting a safe, nurturing school  
               culture that sustains a quality instructional program  








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               conducive to pupil learning and staff professional growth,  
               including, but not limited to, all of the following:

               i)     Promoting equity, fairness, and respect among staff,  
                 pupils, and members of the school community with  
                 acknowledgment of the role cultural attributes have in  
                 pupil learning.

               ii)    Supporting professional development opportunities  
                 for staff that encourage collaboration and effective  
                 instructional practice with the goal of improving  
                 outcomes for all pupils.

             c)   Ensuring the management, organization, and operation of  
               a safe and successful learning environment, as evidenced by  
               the establishment of effective practices for personnel and  
               resource management, campus safety, and school climate,  
               including, but not limited to, supporting curricular and  
               management leadership in all of these areas and  
               successfully implementing a best practices teacher  
               evaluation system.

             d)   Collaborating with parents and the community to  
               establish an inclusive school environment, including, but  
               not limited to, embracing and recognizing that diversity  
               strengthens a learning environment and promotes meaningful  
               parent and community engagement, for the development of the  
               local control and accountability plan.

             e)   Providing ethical and professional leadership that  
               fosters effective instructional practice as evidenced by  
               promoting quality teaching and instructional strategies and  
               provides relevant, effective feedback that leads to pupil  
               learning. School administrators shall be held accountable  
               for the academic growth of pupils over time and academic  
               growth shall be based on multiple measures that may include  
               pupil work as well as pupil and school longitudinal data.  
               Multiple measures shall include state and local formative  
               and summative assessments. For school administrators who  








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               supervise certificated staff that directly instruct English  
               learner pupils acquiring English, assessment information  
               shall include the results of assessments adopted pursuant  
               to Chapter 7 (commencing with Section 60810) of Part 33 of  
               Division 4.  Multiple measures may include, but are not  
               limited to, benchmark, end-of-chapter, end-of-course,  
               advanced placement, international baccalaureate, college  
               entrance, or performance assessments. Pupil data used for  
               purposes of an administrator evaluation shall be  
               confidential in the same manner as all other elements of an  
               administrator's personnel file.

             f)   Providing professional leadership by understanding,  
               responding, and influencing the larger social, political,  
               cultural and legal context with the goal of ensuring pupil  
               success, as evidenced by working in collaboration with the  
               governing board of the school district, bargaining units,  
               and local school, school district, and community leaders.

          6)Requires the governing board of a school district to identify  
            who will conduct the evaluation of each school administrator  
            and specifies the following:

             a)   A school administrator shall be evaluated annually for  
               the first and second year of employment as a new  
               administrator in a school district. The governing board of  
               the school district may determine the frequency at regular  
               intervals of evaluations after this period.

             b)   Additional evaluations that occur outside of the regular  
               intervals determined by the governing board of the school  
               district shall be agreed upon between the evaluator and the  
               administrator.

             c)   Evaluators and administrators shall review school  
               success and progress throughout the year. This review  
               should include goals that are defined by the school  
               district, including, but not limited to, the goals  
               specified in the local control and accountability plan  








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               approved by the governing board.

          7)Requires the following sections of the Stull Act to become  
            inoperative July 1, 2018:

             a)   Legislative intent that governing boards establish a  
               uniform system for evaluation and assessment;

             b)   The requirement that the governing board shall, in  
               developing and adopting the guidelines, avail itself of the  
               advice of the certificated instructional personnel in the  
               district as part of a locally negotiated collective  
               bargaining agreement; and,

             c)   The authorization for a school district, by mutual  
               agreement between the local bargaining unit and the  
               district, to include objective standards from the National  
               Board for Professional Teaching Standards or the California  
               Standards for the Teaching Profession.

          8)Specifies that the teacher evaluation system and the  
            administrator evaluation system cannot be waived for a school  
            district or county office of education by the State Board of  
            Education (SBE). 

          9)Authorizes the SBE, in consultation with the Superintendent of  
            Public Instruction and appropriate education stakeholder  
            groups, to adopt nonregularoy guidance to support the  
            implementation of a best practices teacher evaluation system. 

          10)Requires the following public hearings:

             a)   On or before May 1, 2016 or May 1 of the year that  
               precedes the year in which an existing collective  
               bargaining contract will expire, whichever is later, the  
               governing board of a school district and the governing body  
               of a charter school, at a regularly scheduled public  
               hearing, seek comment on the development and implementation  
               of the evaluation system. 








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             b)   On or before May 1 of each year before local  
               negotiations, the governing board of a school district and  
               the governing body of a charter school, at a regularly  
               scheduled public hearing, seek comment on the evaluation  
               system. 

             c)   Both during and before the final agreement of local  
               negotiations, the governing board of each school district  
               and the governing body of each charter school shall seek  
               public comment on the evaluation system.

             d)   If, by mutual agreement between a school district or  
               charter school and the collective bargaining unit, an  
               intermediate mid-year agreement is reached regarding a best  
               practices teacher evaluation system, the negotiation  
               timeline shall allow time for the governing board of the  
               school district or the governing body of the charter school  
               to hold a public hearing to seek comment on the evaluation  
               system.

             e)   Consistent with Section 3547 of the Government Code and  
               no more than 30 days after the local negotiations, the  
               governing board of each school district and the governing  
               body of each charter school shall disclose the provisions  
               of the best practices teacher evaluation system at a  
               regularly scheduled public hearing.

          11)Specifies this bill does not supersede or invalidate a  
            teacher evaluation system that is locally negotiated and that  
            is in effect at the time this bill becomes operative. If a  
            locally negotiated teacher evaluation system is in effect at  
            the time this bill becomes operative, the teacher evaluation  
            system shall remain in effect until the parties to the  
            agreement negotiate a successor agreement. A memorandum of  
            understanding shall not extend the adoption of a locally  
            negotiated teacher evaluation system that is in effect at the  
            time this section becomes operative.









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          12)Adds the best practices teacher evaluation system to the  
            mandate block grant and specifies that it is the intent of the  
            Legislature to provide adequate resources to train evaluators,  
            continue robust beginning teacher induction programs, and  
            support struggling educators. 

          13)Makes legislative findings and declarations that teaching is  
            a professional endeavor, one in which effective practice is  
            driven by an understanding of knowledge in the field and a  
            commitment to all students and their families; excellent  
            teaching requires knowledge, skills, artistry, passion, and  
            commitment; effective teachers integrate ethical concern for  
            children and society; extensive subject matter competence;  
            thoughtfully selected pedagogical practices; a depth of  
            knowledge about their students, 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; 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  
            students within their care as well as to the strengthening and  
            continual revitalization of our democratic society;  
            certificated, non-instructional employees share the same deep  
            commitment to children, families and communities, and they  
            provide essential support and services; and, 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 student learning.



          EXISTING LAW:  


          1)Establishes the Stull Act, enacted in 1971, which governs  
            certificated employee evaluations and requires school  
            districts to evaluate and assess teacher performance as it  
            reasonability relates to pupil performance on criterion  








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            referenced tests, teacher technique and strategies, curricular  
            objectives, and the maintenance of a suitable learning  
            environment.  Specifies that in the development and adoption  
            of evaluation guidelines and procedures, the governing board  
            shall avail itself of the advice of the certificated  
            instructional personnel in the district's organization of  
            certificated personnel pursuant to collective bargaining  
            statutes.  Specifies that 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.  Specifies that teacher  
            evaluations shall be made on a continuing basis at least once  
            each school year for probationary personnel; at least every  
            other year for personnel with permanent status; and, 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, and  
            whose previous evaluation rated the employee as meeting or  
            exceeding standards, if the evaluator and certificated  
            employee being evaluated agree.  Specifies that an employee  
            who receives an unsatisfactory rating in the area of teaching  
            methods or instruction may be required to participate in a  
            program designed to improve appropriate areas of the  
            employee's performance; and, requires if a school district  
            participates in the Peer Assistance and Review Program for  
            Teachers (PAR), employees who receive an unsatisfactory rating  
            shall participate in PAR.  (Education Code 44660 et. seq.)

          2)Establishes the Peer Assistance and Review Program for  
            Teachers (PAR) by authorizing school districts and the  
            exclusive representative of the certificated employees to  
            develop and implement the program locally.  Specifies that  
            assistance and review shall include multiple observations of a  
            teacher during periods of classroom instruction.  Specifies  
            the program shall expect and strongly encourage a cooperative  








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            relationship between the consulting teacher and the principal  
                                                  with respect to the process of peer assistance and review.   
            Specifies the school district shall provide sufficient staff  
            development activities to assist a teacher to improve his or  
            her teaching skills and knowledge.  Specifies the final  
            evaluation of a teacher's participation in the program shall  
            be made available for placement in the personnel file of the  
            teacher receiving assistance.  (Education Code 44505)

          3)Establishes the Principal Evaluation System by authorizing the  
            governing board of a school district to identify who will  
            conduct the evaluation of each school principal. Specifies a  
            school principal may be evaluated annually for the first and  
            second year of employment as a new principal in a school  
            district. The governing board may determine the frequency at  
            regular intervals of evaluations after this period.   
            Additional evaluations that occur outside of the regular  
            intervals determined by the governing board may be agreed upon  
            between the evaluator and the principal.  Criteria for  
            effective school principal evaluations may be based upon the  
            California Professional Standards for Educational Leaders.  
            Specifies a school principal evaluation may include, but not  
            be limited to, evidence of all of the following:
             a)   Academic growth of pupils based on multiple measures  
               that may include pupil work as well as pupil and school  
               longitudinal data that demonstrates pupil academic growth  
               over time. Assessments used for this purpose must be valid  
               and reliable and used for the purposes intended and for the  
               appropriate pupil populations. Local and state academic  
               assessments include, but are not limited to, state  
               standardized assessments, formative, summative, benchmark,  
               end of chapter, end of course, advanced placement,  
               international baccalaureate, college entrance, and  
               performance assessments. For career and technical  
               education, authentic performance assessment is a strong  
               indicator of effective teaching and learning.
             b)   Effective and comprehensive teacher evaluations,  
               including, but not limited to, curricular and management  
               leadership, ongoing professional development,  








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               teacher-principal teamwork, and professional learning  
               communities.
             c)   Culturally responsive instructional strategies to  
               address and eliminate the achievement gap.
             d)   The ability to analyze quality instructional strategies  
               and provide effective feedback that leads to instructional  
               improvement.
             e)   High expectations for all pupils and leadership to  
               ensure active pupil engagement and learning.
             f)   Collaborative professional practices for improving  
               instructional strategies.
             g)   Effective school management, including personnel and  
               resource management, organizational leadership, sound  
               fiscal practices, a safe campus environment, and  
               appropriate pupil behavior.
             h)   Meaningful self-assessment to improve as a professional  
               educator. Self-assessment may include, but not be limited  
               to, a self-assessment on state professional standards for  
               educational leaders and the identification of areas of  
               strengths and areas for professional growth to engage in  
               activities to foster professional growth.
             i)   Consistent and effective relationships with pupils,  
               parents, teachers, staff, and other administrators. (EC  
               44670 & 44671)

          FISCAL EFFECT:  Legislative counsel has keyed this bill as a  
          state mandated local program.


          COMMENTS:  This bill replaces the existing teacher evaluation  
          system, known as the Stull Act, with a new teacher and  
          administrator evaluation system that requires specific  
          components, such as state and local formative and summative  
          assessment data and observations.  While existing law requires  
          school districts to collectively bargain many of these elements,  
          this bill requires these components to be included in a uniform  
          educator evaluation system.  According to the author, the goal  
          is to establish a fair, transparent, and comprehensive teacher  
          evaluation system accountable to pupils, parents and teachers.   








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          California's 1,000 school districts serve diverse pupil  
          populations, employees, and communities.  What works in Los  
          Angeles Unified School District does not necessarily work in the  
          Eureka City Unified School District.  While this measure does  
          require specific components to be part of teacher evaluations,  
          it allows individual school districts the flexibility to  
          determine how these elements will be implemented to meet the  
          needs of their pupils, teachers, administrators, and parents.


          Research on the Current Teacher Evaluation System:  According to  
          the author, the state's current teacher evaluation system is  
          inconsistent, unclear, and does little to foster a culture of  
          continuous improvement for teachers.  According to a 2010 report  
          released by the National Board Resource Center at Stanford  
          University, "While evaluation processes across the state vary  
          widely, many of them look very much the same as they did in  
          1971?In sharing their own experiences with evaluations,  
          Accomplished California Teachers members revealed some common  
          challenges: a system that teachers do not trust, that rarely  
          offers clear direction for improving practice and that often  
          charges school leaders to implement without preparation or  
          resources."  


          Several research studies detail the essential principals and  
          components of a strong teacher evaluation system.  The National  
          Comprehensive Center for Teacher Quality argues a strong  
          evaluation system must: "involve teachers and stakeholders in  
          developing the system; use multiple indicators; and give  
          teachers opportunities to improve in the areas in which they  
          score poorly."  Likewise, the New Teacher Project states  
          "evaluations should provide all teachers with regular feedback  
          that helps them grow as professionals, no matter how long they  
          have been in the classroom.  The primary purpose of evaluations  
          should not be punitive.  Good evaluations identify excellent  
          teachers and help teachers of all skill levels understand how  
          they can improve."









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          The Use of Assessments in Evaluation:  This bill requires both  
          state and local formative and summative assessments to be  
          included in educator evaluation.  Formative assessments are  
          developed locally and are used by teachers to continually inform  
          instruction in the classroom throughout the school year.   
          Summative assessments can be developed locally or state-wide and  
          assess a student's performance at a point in time.  Summative  
          assessments can include end of unit quizzes, end of course  
          tests, or standardized tests.  

          Evaluation Frequency:  This bill requires probationary teachers  
          to be evaluated at least every year and permanent teacher to be  
          evaluated at least every other year; and, it reduces the  
          authorization for teachers with more than 10 years experience to  
          be evaluated every five years, and instead authorizes evaluation  
          every three years.  By reducing the five year evaluation cycle  
          to a three year evaluation cycle for experienced teachers, this  
          bill will require experienced teachers to be evaluated more  
          frequently.  It is unclear how many teachers are currently  
          evaluated every five years and thus it is unclear how this bill  
          will affect administrator work load to complete the increased  
          number of evaluations.  

          Professional Development:  This bill specifies that teachers who  
          receive an unsatisfactory rating on their evaluation, if a  
          school district has a PAR program in place, they must refer  
          teachers who receive an unsatisfactory review to the PAR program  
          for improvement. The bill does not specify the process if a  
          teacher continues to receive unsatisfactory evaluations after  
          the PAR program is complete.  It is unclear whether school  
          districts should begin dismissal proceedings, or provide further  
          instructional support for the teacher.  

          Charter Schools: This bill requires all public schools in the  
          state to adopt the teacher and administrator evaluation system,  
          both traditional public schools and charter schools.  According  
          to the author, implementation of a robust teacher evaluation  
          system that allows teachers to continuously improve is  
          imperative for all schools. Charter schools teachers must not be  








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          left out of this important opportunity.

          Evaluation Weights: This bill specifies that the each of the  
          seven attributes of the teacher evaluation system shall  
          contribute at least 10% to the overall evaluation of each  
          teacher. This means the remaining 30% can be allocated according  
          to local negotiations.  This bill does not apply similar weights  
          to the six attributes in the administrator evaluation. The  
          committee may wish to consider whether the administrator  
          evaluation system should have similar weights or whether the  
          weights should be removed from the teacher evaluation system, so  
          that both systems are parallel. 

          Evaluation Funding: This bill specifies that is it the intent of  
          the Legislature to provide adequate resources to train  
          evaluators, continue robust beginning teacher induction  
          programs, and support struggling educators. According to the  
          author, appropriate funding is a key component to achieving a  
          high quality teacher and administrator evaluation system, as  
          well as necessary support programs for beginning teachers and  
          struggling teachers. 
          
          Public Hearings: This bill requires public hearings before May  
          1st of the year proceeding local negotiations, as well as public  
          hearings should a mid-year agreement be reached. The public  
          hearing process will require a hearing before negotiations  
          begin, during negotiations, prior to the final vote on the  
          evaluation system, as well as after the evaluation has been  
          adopted.  The intent of these public hearings is to allow for  
          parents to give input on the evaluation system each time it is  
          negotiated.  It is unclear how much information is legally  
          allowed to be shared publically during the negotiation process.  
          The committee should consider whether this mid-negotiation  
          hearing is appropriate. 

          Teacher & Administrator Evaluation Criteria: This bill  
          establishes criteria for the teacher evaluation system that are  
          based on the California Standards for the Teaching Profession  
          and the administrator evaluation system based on the California  








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          Professional Standards for Educational Leaders. Some of the  
          provisions that apply to the teacher evaluation system do not  
          apply to the administrator evaluation system. The committee  
          should consider whether to ensure the following requirements  
          apply to the administrator evaluation system in the same way as  
          the teacher evaluation system: 
          1)The public hearing requirements.
          2)Clarify that the provisions of the administrator evaluation  
            specified in statute cannot be omitted.
          3)Clarify that the administrator evaluation system applies to  
            charter schools.
          4)Clarify that the administrator evaluation system shall be  
            operative July 1, 2018.
          5)Add the administrator evaluation to the mandate block grant.
          
          Other Credential Holders: This bill establishes new criteria for  
          teacher evaluation and administrator evaluation. The bill does  
          not address the evaluation of non-teaching credentialed  
          employees such as school nurses, counselors and school  
          psychologists.  Existing law under the Stull Act does not  
          specify different evaluation criteria for non-teaching  
          credentialed employees compared to credentialed employees in the  
          classroom.  The committee may wish to consider whether it is  
          necessary to address the criteria used to evaluate non-teaching  
          credentialed employees in this bill.
          
          Collective Bargaining Agreements: This bill requires the teacher  
          and administrator evaluation system to be collectively  
          bargained, if the district or charter has a collective  
          bargaining unit.  The specific provisions of this bill cannot be  
          bargained out of the final evaluation system adopted by a school  
          district or charter school. The requirements in the bill must be  
          included in the evaluation system, they cannot be weakened or  
          omitted from the evaluation system in any way.  Recent  
          amendments specifically state that the provisions of the teacher  
          evaluation system cannot be omitted, and the committee should  
          consider adding that language to the administrator evaluation  
          system as well.  









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          Further, this bill clarifies that the teacher evaluation system  
          does not supersede or invalidate a teacher evaluation system  
          that is locally negotiated and that is in effect at the time  
          this bill becomes operative. If a locally negotiated teacher  
          evaluation system is in effect at the time this bill becomes  
          operative, the teacher evaluation system shall remain in effect  
          until the parties to the agreement negotiate a successor  
          agreement. The bill further clarifies that a memorandum of  
          understanding (MOU) shall not extend the adoption of a locally  
          negotiated teacher evaluation system that is in effect at the  
          time this bill becomes operative.  In other words, if a  
          collective bargaining agreement ends, but is extended by an MOU,  
          the existing teacher evaluation system cannot remain in effect  
          indefinitely during an MOU.
          
          Arguments in Support: Public Advocates supports the bill and  
          states, "In multiple ways AB 575 would strengthen the evaluation  
          system and not just by requiring full compliance with  
          California's teaching standards which are optional under the  
          existing law (Stull Act). AB 575 requires that any teacher  
          evaluation system must include certain elements and cannot be  
          negotiated away, including:
                 Increasing the frequency of the most veteran educators'  
               evaluation from once every five years to once every three  
               years
                 Increasing the categories for rating teachers from two  
               (simply satisfactory and unsatisfactory) to three
                 Requiring that each element of the evaluation system  
               account for at least 10% of the overall evaluation
                 Requiring a series of classroom observations from  
               evaluators trained for the task; and
                 Requiring that districts receive and consider input from  
               parents, students, and community members into the  
               development of the local evaluation process  
                 Requiring evidence of teachers' contribution to  
               students' academic performance through multiple measures,  
               including summative and formative assessments
                 Requiring that teachers who are evaluated unsatisfactory  
               participate in a district's Peer Assistance and Review  








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               (PAR) program if it has one
                 Requiring that teachers in charter schools also be  
               evaluated under the new best practices system."
          
          Arguments in Opposition: The Education Trust-West opposes the  
          bill and states: "The Education Trust - West opposes AB 575  
          because it would expand the scope of bargaining, mandate the use  
          of the California Standards for the Teaching Profession (CSTP's)  
          through a rigid scheme, and eliminate waivers allowing districts  
          to implement alternative, innovative teacher evaluation  
          systems?.AB 575 would also mandate the use of the CSTP's  
          according to a very rigid scheme assigning 10 percent to each  
          standard.  The proposed scheme allows minimal flexibility to  
          emphasize one or more of the standards over the others,  
          according to local needs, and use them in combination with other  
          measures such as parent and student surveys.  This would hamper  
          the innovative efforts of school districts that are using  
          frameworks not directly tied to the CSTPs, and demonstrating  
          improvement in teacher performance and student learning." 

          Committee Amendments: Staff recommends the bill be amended as  
          follows:
          1)Make the following changes to the administrator evaluation  
            system:
             a)   Clarify that the public hearing requirements apply to  
               the administrator evaluation.
             b)   Clarify that the provisions of the administrator  
               evaluation cannot be omitted. 
             c)   Clarify that the administrator evaluation system applies  
               to charter schools.
             d)   Specify that the existing permissive administrator  
               evaluation system is repealed and the new evaluation system  
               is operative on July 1, 2018.
             e)   Add the administrator evaluation system to the mandate  
               block grant.
          2)Clarify that charter schools cannot seek a State Board of  
            Education waiver.
          3)In Section 44662 (c), change the code reference from the  
            administrator services credential to Government Code Section  








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            3540.1 (m) and (g).
          4)Rewrite 44664(a)(3)(B) to say: The evaluator shall conduct at  
            least one unscheduled observation per year during the year  
            when the certificated employee does not receive a formal  
            performance evaluation and assessment. 
          5)Specify that county offices of education are required to  
            implement the best practices teacher and administrator  
            evaluation program.
          6)Clarify in 44664(c)(1) regarding certificated employees that  
            receive an unsatisfactory rating provide that this subdivision  
            applies only to "permanent" certificated employees and provide  
            that for probationary certificated employees, an employing  
            authority may elect to offer 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. 
          7)Clarify that EC Section 35161.5 applies to county offices of  
            education and charters schools.
          8)Technical amendment in EC Section 44662(a)(1)(G)(iii) to  
            create a new subparagraph for the sentence: "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."

          Related Legislation: AB 1495 (Weber) from 2015, which is pending  
          in the Assembly, would make changes to the certificated employee  
          evaluation system, known as the Stull Act.  


          AB 1078 (Olsen) from 2015, which is pending in the Assembly,  
          would make changes to the certificated employee evaluation  
          system, known as the Stull Act.  


          SB 499 (Liu & DeLeon) from 2015, which is pending in the Senate,  
          would require the governing board of each school district to  
          adopt and implement a best practices teacher and administrator  
          evaluation system by July 1, 2016.  









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          AB 430 (Olsen) from 2013, which was held by the author in the  
          Assembly Education Committee, would have established the Teacher  
          Professional Growth Plan, as specified.  


          AB 5 (Fuentes) from 2009, which was held by the author on the  
          Senate Floor, would have required the governing board of each  
          school district to adopt and implement a best practices teacher  
          evaluation system, as specified.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Public Advocates


          Superintendent of Public Instruction Tom Torlakson




          Opposition


          Association of California School Administrators


          CA Democrats for Education Reform


          CalChamber









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                                                                    Page  22






          California Association of School Business Officials


          California Association of Suburban Schools


          California Charter School Association Advocates


          California County Superintendent Educational Services  
          Association


          California School Boards Association


          Central Valley Education Coalition


          Children Now


          Educators 4 Excellence- Los Angeles


          EdVoice


          Families in Schools


          Kern County Superintendent of Schools


          Los Angeles Unified School District


          Orange County Office of Education








                                                                     AB 575


                                                                    Page  23







          Parents Advocate League


          Riverside County Superintendent of Schools


          Small School Districts Association


          Students Matter


          StudentsFirst


          Teach Plus


          The Education Trust - West




          Analysis Prepared by:Chelsea Kelley / ED. / (916) 319-2087