BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          575 (O'Donnell) - As Amended May 13, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires the governing board of each school district  
          and the governing body of each charter school to adopt and  
          implement a best practices teacher evaluation system (teacher  








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          evaluation) and a school administrator evaluation system by July  
          1, 2018.  Specifically, this bill:  


          1)Requires, starting July 1, 2018, each school board, county  
            board of education, and governing body of each charter school,  
            to adopt and implement a best practices teacher evaluation.  
            Requires this evaluation system to be negotiated with the  
            local collective bargaining unit. If the certificated  
            employees do not have an exclusive bargaining representative,  
            the governing board or body shall adopt objective evaluation  
            and support components, as applicable.



          2)Sets forth objectives by which each teacher shall be  
            evaluated; including, but not limited to,  engagement and  
            support of pupils, use of differentiated instruction, use of  
            formative and summative pupil assessment information to inform  
            instruction and improve learning, 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 and contribute to pupil academic growth  
            based on multiple measures, as specified. Specifies pupil data  
            used for purposes of teacher evaluations shall be confidential  
            in the same manner as all other elements of a teacher's  
            personnel file.



          3)Authorizes the use of multiple observations of instruction and  
            professional practices for teacher evaluation. Specifies these  
            observations shall be conducted by evaluators who have been  
            appropriately trained and calibrated to ensure consistency and  
            who have demonstrated competence in teacher evaluation, as  
            determined by the school district. Multiple observations may  
            include, but are not limited to, classroom observations  
            (scheduled or unscheduled), one-on-one discussions, and review  








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            of classroom materials and course of study. Further, requires  
            observations to be conducted using a uniform evaluation tool  
            that is appropriate to the teacher's assignment and requires  
            the observer to discuss the purpose of the evaluation prior to  
            formal observation. 



          4)Requires the teacher evaluation to establish a minimum of  
            three levels for the evaluation of teacher performance. 



          5)Requires teacher 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.



          6)Requires the teacher evaluation to include recommendations, if  
            necessary, as to areas of improvement, including actions  
            related to unsatisfactory performance.  Any teacher with an  
            unsatisfactory performance evaluation shall be evaluated  
            annually until the employee achieves a positive evaluation or  
            the employee is separated from the school district or charter  
            school. Further, authorizes an employer to require the  
            employee to participate in a program designed to improve the  
            employee's performance.  










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          7)Requires a certificated employee who receives an  
            unsatisfactory rating on an evaluation, to participate in the  
            California Peer Assistance and Review Program for Teachers, if  
            a school district or charter school participates in the  
            program.



          8)Sets forth objectives by which an administrator shall be  
            evaluated; including, but not limited to, the success by which  
            the administrator facilitates development and implementation  
            of a vision for pupil learning, parent and community  
            communication, advocating and supporting a safe, nurturing  
            school culture that sustains a quality instructional program  
            conducive to pupil learning and staff professional growth,  
            providing ethical and professional leadership.



          9)Specifies school administrators shall be held accountable for  
            the academic growth of pupils over time, based on multiple  
            measures, which may include pupil work as well as pupil and  
            school longitudinal data. 



          10)Requires the governing board of a school district to identify  
            who will conduct the evaluation of each school administrator,  
            as specified. 



          11)Authorizes the State Board of Education, in consultation with  
            the Superintendent of Public Instruction (SPI), and  
            appropriate education stakeholder groups, to adopt  
            nonregulatory guidance to support the implementation of a best  
            practices teacher evaluation system by school districts,  
            county offices of education, and charter schools that may  








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            include model evaluation system and processes. 



          12)Repeals the following portions of the Stull Act effective  
            July 1, 2018:  legislative intent that governing boards  
            establish a uniform system for evaluation and assessment; 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,  
            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.



          13)Sets forth a public hearing process to discuss and receive  
            public input relative to the negotiated teacher evaluation  
            system. 



          14)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.



          15)Prohibits a school district, COE or charter school from  








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            seeking a waiver of the requirements the best practices  
            teacher evaluation system and the school administrator  
            evaluation system.



          16)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. 
          FISCAL EFFECT:


          1)Proposition 98/GF state mandated reimbursable costs to school  
            districts and COEs, likely in excess of $60 million, to create  
            and implement teacher and administrator evaluation programs  
            starting July 1, 2018. According to the Commission on Teacher  
            Credentialing, there are approximately 288,000 teachers in  
            California.  New mandated costs include: annual evaluation  
            costs to increase evaluation frequency from once every five  
            years to once every three years (likely for more than 100,000  
            teachers); multiple observations of each teacher; collective  
            bargaining costs related to negotiating the new evaluation  
            system; training of educators who will be conducting the  
            evaluations and cost pressures to provide robust beginning  
            teacher induction programs and support to struggling  
            educators.



          2)General Fund administrative costs of approximately $265,000 to  
            the California Department of Education, annually over two  
            years, to adopt non-regulatory guidance to support the  
            implementation of the evaluations.
          COMMENTS:


          1)Purpose. This bill replaces the existing teacher evaluation  








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            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.  According to the author,  
            the goal is to establish a fair, transparent, and  
            comprehensive teacher evaluation system accountable to pupils,  
            parents and teachers.  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.   
            This bill allows individual school districts the flexibility  
            to determine how components of the teacher and administrator  
            evaluation systems will be implemented to meet the needs of  
            their pupils, teachers, administrators, and parents.


            Supporters of the bill, including Public Advocates, state the  
            bill strengthens the evaluation system and support full  
            compliance with California's teaching standards, which they  
            note are optional under existing law (Stull Act). They further  
            state this bill requires that any teacher evaluation system  
            must include certain elements that cannot be negotiated away  
            including: frequency of evaluations; classroom observations  
            from evaluators trained for the task; requiring districts to  
            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 (PAR) program if it has  
            one; and requiring that teachers in charter schools also be  
            evaluated under the new best practices system.


          2)K-12 Mandate Block Grant. This bill repeals the Stull Act and  
            replaces requirements with a more robust teacher evaluation  
            system.  The bill also specifies these requirements will be  
            added to the K-12 mandate block grant. 








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            The Stull Act mandate is currently included in the K-12  
            Education Block Grant.  Prior to inclusion in the block grant,  
            statewide costs were approximately $17 million. Under the  
            block grant, a school district, charter school, or county  
            office of education may choose to receive a per-pupil  
            allocation to conduct existing K-12 mandated activities rather  
            than receive full payment under the existing claims process. 





            Local educational agencies could choose to file a claim with  
            the Commission on State Mandates to re-determine the existing  
            mandate or file a new mandate claim to consider new activities  
            required under this bill.  If the CSM determines these  
            requirements impose a higher level of service, this could  
            place pressure on the Legislature to increase funding under  
            the K-12 Mandate Block Grant.


          3)Opposition. A coalition of education management groups oppose  
            this bill because the bill would require the development of  
            teacher evaluation systems to be collectively bargained,  
            including the requirement to negotiate the performance  
            standards on which teachers will be evaluated. Currently, the  
            terms and conditions of employment - including evaluation  
            procedures - are subjects of bargaining. The opposition  
            believes school district governing boards should, however,  
            retain the sole right to determine the standards and criteria  
            for job performance.  They are concerned that academic issues  
            would become inextricably linked with financial matters and  
            other employment conditions subject to bargaining. 


          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  








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          319-2081