BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: AB 934
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|Author: |Bonilla |
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|Version: |June 22, 2016 Hearing |
| |Date: June 29, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Lenin Del Castillo |
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Subject: Certificated school employees
NOTE: This bill has been amended to replace its contents and
this is the first time the bill is being heard in its current
form.
SUMMARY
This bill extends the existing probationary period for
certificated employees from two years to three years while
requiring school districts to provide mentoring and coaching for
teachers in their third year of probation. This bill also
authorizes school districts to negotiate an alternative teacher
dismissal process. Finally, this bill provides additional
requirements regarding the evaluation and training of school
principals.
BACKGROUND
Existing law:
1) Establishes the Stull Act which expresses legislative
intent that school districts and county governing boards
establish a uniform system of evaluation and assessment of
certificated personnel. With the exception of certificated
personnel who are employed on an hourly basis to teach
adult education classes, the Stull Act requires school
districts to evaluate and assess teacher performance as it
reasonably relates to the progress of pupils toward
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district-adopted and, if applicable, state-adopted academic
content standards as measured by state-adopted criterion
referenced tests; 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 within the
scope of the employee's responsibilities.
(Education Code § 44660, et seq.)
2) Requires an evaluation and assessment of the performance
of each certificated employee to be made 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 permanent employees who have
been employed with the district at least 10 years and were
rated as meeting or exceeding standards in their previous
evaluation. Teachers who receive an unsatisfactory rating
may be required to participate in a program designed to
improve the employee's performance and to further pupil
achievement and the instructional objectives of the
district. However, if the district participates in the
Peer Assistance and Review (PAR) program, then the teachers
who receive an unsatisfactory rating are required to
participate in that program. (EC § 44664)
3) Establishes the Peer Assistance and Review (PAR) program
for teachers by authorizing school districts and the
exclusive representative of the certificated employees to
develop and implement the program locally. The PAR
programs are to include multiple observations of a teacher
during periods of classroom instruction and sufficient
staff development activities to assist a teacher in
improving his or her skills and knowledge. The final
evaluation of a teacher's participation in the program is
made available for placement in his or her personnel file.
(Education Code § 44505)
4) Provides that a probationary employee becomes a
permanent employee after completing two consecutive school
years in a position requiring certification. School
districts must notify probationary employees of a decision
to elect or non-elect for permanent status by March 15th of
the employee's second consecutive year of employment by the
district. During the period of probation, an employee may
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be dismissed without cause. (EC § 44929.21)
5) Requires school districts to provide preliminary
notification to a permanent employee that his or her
services will not be required for the ensuing year no later
than March 15th and provide final notification of
termination of his or her services by May 15th.
6) Allows permanent employees that receive a preliminary
layoff notice to request a hearing to determine if there is
cause for not reemploying him or her for the ensuing year.
The hearing shall be conducted by an administrative law
judge who shall prepare a proposed decision, containing
findings of fact and a determination as to whether the
charges sustained by the evidence are related to the
welfare of the schools and students. Copies of the
proposed decision, which is not binding on the governing
board, shall be submitted to the governing board and to the
employee on or before May 7th. (EC § 44949)
7) Prohibits the dismissal of a certificated employee who
has achieved permanent status except for one or more causes
that are specified in statute, including immoral or
unprofessional conduct, dishonesty, unsatisfactory
performance, and the conviction of a felony or of any crime
involving moral turpitude. Current law also requires a
governing board to notify an employee in writing of its
intention to dismiss or suspend him or her at the
expiration of 30 days unless the employee demands a
hearing. Current law prohibits a 30-day notice of Intent
to Dismiss or Suspend from being issued between May 15th
and September 15th in any year. (EC § 44932, § 44934 and §
44936)
8) Establishes additional notice requirements that school
districts must follow when seeking to suspend or dismiss an
employee for unprofessional conduct or unsatisfactory
performance, as specified, including advance notice of at
least 45 days for unprofessional conduct and advance notice
of at least 90 days for unsatisfactory performance. (EC §
44938)
9) Authorizes the immediate suspension of a permanent
employee for specified conduct including: immoral conduct,
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conviction of a felony or any crime involving
moral turpitude, incompetency due to mental disability, and
willful refusal to perform regular assignments without
reasonable cause.
(EC § 44939)
10) Specifies various requirements regarding dismissal or
suspension proceedings, including the requirement that a
hearing be conducted by a commission on professional
competence made up of three members, as specified.
(EC § 44944)
11) Specifies that the criteria for effective school
principal evaluations may be based upon the California
Professional Standards for Educational Leaders, which
identify a school administrator as being an educational
leader who promotes the success of all pupils through
leadership that fosters specified components, including a
shared vision, effective teaching and learning, management
and safety, and professional and ethical leadership. (EC §
44671)
ANALYSIS
This bill:
1) Amends provisions in the Government Code to authorize a
school district and the exclusive representative, upon
request of either party, to meet and negotiate regarding
causes and procedures for the dismissal of certificated
employees as an alternative to the various dismissal
provisions that currently exist in Education Code § 44944.
2) Provides that a highly certificated employee who after
being employed for three consecutive years by a school
district or county superintendent of schools in a teaching
position is reelected for the next succeeding school year
shall be classified as and become a permanent employee.
3) Provides that a certificated employee who is reelected to a
third complete consecutive year shall continue to
participate in the mentoring relationship with the support
and professional development providers initiated during the
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California beginning teacher support and assessment program
pursuant to Section 44279.2. Provides that the employee is
not required to continue other aspects of the program
during his or her third year.
4) Provides that a certificated employee who had previously
been granted permanent status by another school district or
county superintendent of schools and who is further
reelected and employed during the succeeding school year
shall upon reelection for the next succeeding school year
to a position requiring certification qualifications be
classified as and become a permanent employee, as
specified.
5) Makes conforming changes regarding the extension of the
probationary period to three years for certificated
employees, as specified, to the various statutory
provisions for school district interns.
6) Provides that to the extent the bill's provisions conflicts
with a provision of an existing collective bargaining
agreement as specified, the changes made by this bill shall
not apply until expiration or renewal of that collective
bargaining agreement.
7) Defines a highly effective certificated employee, as
specified.
8) Requires the individualized program requirement for the
professional services credential with a specialization in
administrative services to include training on how to
properly and effectively evaluate certificated employees.
Provides that a credential candidate shall complete the
individualized program during the first two years of
experience in a full-time administrative position.
9) Encourages school districts to create a one-year principal
or vice principal support program allowing a highly
effective school administrator, as determined by the school
district, to support a principal or vice principal
demonstrating unsatisfactory performance, who has completed
the individualized program for a professional services
credential and who is demonstrating unsatisfactory
performance, as determined by the school district, to
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become proficient in the California Professional Standards
for Educational Leaders.
10) Requires each school district to create a multiple-day
administrator training program on how to evaluate teachers.
The program shall only be completed by principals, vice
principals, or assistant principals, as applicable, who
evaluate teachers.
11) Provides that school districts may identify who will
conduct the evaluation of each school vice principal, and
assistant principal.
12) Requires that every school principal, vice principal, and
assistant principal be evaluated annually for the first and
second year of employment in that capacity. Provides that
additional evaluations that occur outside of the regular
intervals determined by the governing board of the school
district may be agreed upon between the evaluator and
principal, vice principal, or assistant principal. Allows
principals or vice principals to review school success and
progress throughout the year.
13) Requires the superintendent of a school district to
annually submit a report to the governing board of the
school district outlining his or her plan for the
evaluation and support of principals, vice principals, and
assistant principals.
14) Specifies the intent of the Legislature that every school
principal, vice principal, and assistant principal shall be
evaluated as frequently as necessary to ensure that they
are satisfactorily proficient in the California
Professional Standards for Educational Leaders and are
performing effective evaluations of teachers.
15) Requires the criteria for principal, vice principal and
assistant principal evaluations to be based upon the
California Professional Standards for Educational Leaders,
as specified.
STAFF COMMENTS
1) Need for the bill. According to the author's office,
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"teaching is one of the most important professions a person
can pursue. It is both a calling and a career. It
requires significant devotion, a willingness to work long
hours, and the ability to balance the demands of students,
parents, and administrators. Becoming a highly effective
teacher is an intensive process. Unfortunately, as the
need for talented teachers continues to grow, current and
former teachers remain discouraged by difficult working
conditions and a desperate need of additional support and
professional development. According to the Greatness By
Design report written by the Superintendent of Public
Instruction Tom Torlakson's Task Force on Educator
Excellence, 'local school districts hire teaching
candidates and decide what support, if any, to provide on
the job. Additional training is a patchwork of overlapping
efforts. Observations and evaluations have been haphazard
and inconsistent - and quite disconnected from the initial
training teachers receive. And if the system fails, we
blame the teacher."
2) Extending the probationary period. This bill requires the
probationary period for certificated staff to last for
three years, which is an increase of one year over the
existing two-year period. For the third year of probation,
school districts would be required to provide additional
support and training for these teachers. According to the
author's office, "a new teacher is on probation for the
first eighteen months. During that time, they receive
mentorship and training through the Beginning Teacher
Support and Assessment (BTSA) program. At the conclusion
of BTSA, the teacher is either hired permanently, or
released. This process does not acknowledge that some
teachers need more than 18 months of support. AB 934
solves this problem by creating a high-performing culture
where teachers are given the tools and support to become
exemplary performing educators."
Currently, during the two-year probationary period, the law
does not require a school district to demonstrate cause or
provide due process for employees that are fired within
this period. This would remain unchanged for the third
year of probation under this measure. While the bill
provides additional time for school districts to evaluate
whether a new teacher is effective or not and more
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opportunity for the teacher to improve his or her skills,
the Committee may wish to consider whether extending the
probationary period is reasonable absent a requirement for
school districts to indicate a reason for not electing to
keep the teacher and not affording that teacher with due
process rights.
Additionally, while the bill requires the mentoring and
coaching aspect of BTSA to continue for the third year of
probation, not every school district utilizes BTSA as its
induction program for new teachers. Induction continues to
be the primary route for earning a clear teaching
credential for new teachers, but school districts may use
other induction programs approved by the Commission on
Teacher Credentialing. For this reason, staff recommends
that the bill's requirement regarding the mentoring and
coaching aspect of Beginning Teacher Support and Assessment
(BTSA) be broadened to include mentoring and coaching
consistent with the induction program that the school
district currently participates in.
3) Recent teacher dismissal reforms. AB 215 (Buchanan,
Chapter 55, Statutes of 2014) modified the dismissal
procedures for certificated employees and was intended to
reduce the timeframe associated with these proceedings in
order to save school districts time and money. For all
dismissal proceedings, except those initiated pursuant to
the accelerated process for egregious misconduct, the bill
included several reforms such as removing the summer
moratorium on issuing 30-day notices for teacher misconduct
cases, accelerating the timeframe for which hearings shall
commence, shortening the timeline to complete a hearing,
limiting the discovery process, and limiting the motions to
amend charges.
AB 215 also created a bifurcated teacher dismissal process
by establishing separate procedures for cases involving
employees accused of egregious misconduct such as sexual
abuse, child abuse, and certain drug crimes. The hearings
based on charges of egregious misconduct would be conducted
by an administrative law judge only instead of the
traditional three-person commission on professional
competence.
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Given that these dismissal reforms have only been in place
for less than two years, the Committee may wish to consider
whether it is either premature or necessary at this point
to make any changes regarding teacher dismissal. However,
to the extent that the existing statutory provisions need
further improvement and a school district and its local
union are able to negotiate their own unique dismissal
procedures (perhaps in conjunction with a peer assistance
and review program), that bill would provide that option.
Note that the bill's provision would not be a requirement.
School districts and their local unions would simply be
authorized to negotiate an alternative if they elect to do
so.
4) School administrator provisions. The bill specifies
additional requirements that are intended to increase
school administrator accountability and leadership
development. Specifically, the bill requires
superintendents to use the California Professional
Standards for Educational Leaders to evaluate their
administrators and also requires school principals and vice
principals to complete a training program on how to
evaluate teachers. The bill also encourages districts to
develop a peer assistance and review program for struggling
principals and vice principals.
The Association of California School Administrators and the
California School Boards Association indicate several
concerns regarding these provisions. First, the bill
requires training in employee evaluations for individuals
that may not be involved with these assessments.
Additionally, the bill limits the flexibility around the
length of training and when it must be completed. Further,
the Association of California School Administrators
indicates that the requirement to develop the administrator
training program on how to properly evaluate teachers would
be
extremely costly and should be accompanied by resources to
support the program along with allowing the district to
determine how long the training should be.
5) Vergara v. California. The Vergara case was filed here in
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California by nine public school children from around the
state in May 2012. The case challenges various state
employment provisions of the education code related to the
way the teacher workforce is managed, including seniority
and last in, first statutes, and whether they protect
incompetent teachers and disproportionately hurt low-income
and minority children. The plaintiffs argue that these
laws play out in classrooms and schools in ways that
violate students' rights to access equal education under
the California constitution. A decision was reached in
August 2014 with the plaintiffs prevailing. However, the
decision was appealed and the state appeals court reversed
the trial court's decision on April 14, 2016. The
plaintiffs subsequently filed petition for review with the
Supreme Court on May 24, 2016. Depending on the outcome,
the Vergara case could potentially impact the same
provisions of the Education Code that this bill proposes to
amend.
6) Related and prior legislation.
AB 2826 (Weber) specifies additional measures of pupil
progress, instructional techniques, and strategies, and
adherence to curricular objectives that school districts
may use for purposes of teacher evaluation. This bill is
scheduled to be heard in this Committee on June 29, 2016.
SB 499 (Liu, 2015) repeals and replaces various provisions
of existing law governing the evaluation of certificated
employees and also requires school districts to implement a
best practices teacher evaluation system, as specified.
This bill is pending in the Assembly Education Committee.
AB 575 (O'Donnell, 2015) requires school districts to
implement teacher and administrator evaluation systems.
This measure is pending in the Senate Education Committee.
AB 1495 (Weber, 2015) proposes various changes to the
certificated employee evaluation system known as the Stull
Act. This measure failed passage in the Assembly Education
Committee.
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AB 1078 (Olsen, 2015) would also make changes to the
certificated employee evaluation system. This measure
failed passage in the Assembly Education Committee.
AB 215 (Buchanan, Chapter 55, Statutes of 2014) modified
the dismissal procedures for certificated employees who
have attained permanent status and established a separate
set of dismissal processes for employees charged only with
egregious misconduct.
SB 441 (Calderon, 2013) proposed to amend various
provisions of existing law governing the evaluation of
certificated employees by requiring the evaluations to use
multiple measures, including a minimum of four rating
levels, increasing the frequency of evaluations for
teachers with 10 or more years of experience in a school
district from every five years to every three years, and
requiring school districts to consider the findings of
sessions, surveys, and specific focus groups by subject
matter and grade level from parents of pupils. SB 441
failed passage in this Committee on May 1, 2013.
SB 453 (Huff, 2013) would have authorized the governing
board of a school district to evaluate and assess the
performance of certificated employees using a
multiple-measures evaluation system, authorized school
districts to make specified employment decisions based on
teacher performance, and expanded the reasons districts may
deviate from the order of seniority in terminating and
reappointing teachers. This bill failed passage in this
Committee on April 24, 2013.
SB 1292 (Liu, Chapter 435, Statutes of 2012) authorized the
evaluation of school principals based on the California
Professional Standards for Educational Leaders as well as
evidence of pupil academic growth, effective and
comprehensive teacher evaluations, culturally responsive
instructional strategies, the ability to analyze quality
instructional strategies and provide effective feedback,
and effective school management.
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AB 5 (Fuentes, 2012) would have repealed and replaced
various provisions of existing law governing the evaluation
of certificated employees and required school districts to
implement a best practices teacher evaluation system. This
measure failed passage on the Senate floor.
SUPPORT
Association of California School Administrators
OPPOSITION
California Federation of Teachers
California Teachers Association
Service Employees International Union
Teach Plus
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