BILL ANALYSIS Ó AB 575 Page 1 Date of Hearing: May 20, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 575 (O'Donnell) - As Amended May 13, 2015 ----------------------------------------------------------------- |Policy |Education |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 575 Page 2 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 AB 575 Page 3 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. AB 575 Page 4 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 AB 575 Page 5 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 AB 575 Page 6 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 AB 575 Page 7 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. AB 575 Page 8 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) AB 575 Page 9 319-2081