California Legislature—2015–16 Regular Session

Assembly Bill No. 1078

Introduced by Assembly Member Olsen

(Coauthors: Assembly Members Achadjian, Travis Allen, Bigelow, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Lackey, Linder, Mayes, Melendez, Wagner, Waldron, and Wilk)

February 27, 2015

An act to amend Sections 33039, 33050, 44662, and 44664 of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1078, as introduced, Olsen. Teachers: evaluations.

(1) Existing law requires the State Board of Education to develop guidelines that school districts may use in the development of teacher evaluation procedures, and distribute such guidelines to every school district.

This bill would require the state board to revise, update, and adopt guidelines that school districts may use in the development of teacher evaluation procedures by July 1, 2016. The bill would also require that the updated guidelines include a determination of a teacher’s overall performance, as specified.

(2) Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the state board to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions.

This bill would prohibit the state board from granting any waiver request by a governing board of a school district if the state board finds that the governing board of the school district is out of compliance with specified requirements relating to teacher evaluation.

(3) Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, the 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. Existing law authorizes school district governing boards to develop and adopt additional evaluation and assessment guidelines or criteria.

This bill would encourage the governing board of a school district to use peer observation and surveys of parents and pupils as part of the evaluation and assessment guidelines and criteria.

(4) Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided.

This bill would instead require an annual evaluation and assessment of the performance of a certificated employee. The bill would require the evaluation and assessment to include a determination of the teacher’s performance, as specified. By requiring school districts to perform additional duties, this bill would impose a state-mandated local program. The bill would provide that, to the extent these provisions conflict with any provision of a collective bargaining agreement entered into before January 1, 2016, by a public school employer and an exclusive bargaining representative, the provisions shall not apply to the school district until the expiration or renewal of that collective bargaining agreement.

(5) This bill would update cross-references and would make other nonsubstantive changes.

(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 33039 of the Education Code is amended
to read:

33039.  

begin delete The State Board of Education end delete begin insert By July 1, 2016, the state
board end insert shall begin delete develop end delete begin insert revise, update, and adopt end insert guidelines begin delete which end delete
begin insert that end insert school districts may use in the development of teacher
evaluation procedures pursuant to Article 11 (commencing with
Section 44660) of Chapter 1 of Part 25 of Division begin delete 3 of this title, end delete
begin insert 3, end insert and shall distribute begin delete such end delete begin insert those end insert guidelines to every school district.
begin insert The updated guidelines shall include, but not necessarily be limited
to, a determination that a teacher’s overall performance is highly
effective, effective, minimally effective, or ineffective. end insert

SEC. 2.  

Section 33050 of the Education Code is amended to
read:

33050.  

(a) The governing board of a school district or a county
board of education, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, may request the begin delete State Board of Education end delete
begin insert state board end insert to waive all or part of any section of this code or any
regulation adopted by the begin delete State Board of Education end delete begin insert state board end insert
that implements a provision of this code that may be waived,
except:

(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 4 of Part begin delete 10. end delete begin insert 10 of
Division 1 of Title 1. end insert

(2) Chapter 6 (commencing with Section 16000) of Part begin delete 10. end delete begin insert 10
of Division 1 of Title 1. end insert

(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
(commencing with Section 17070.10), and Chapter 14
(commencing with Section 17085) of Part begin delete 10. end delete begin insert 10 of Division 1 of
Title 1. end insert

(4) Part 13 (commencing with Section 22000), Part 13.5
(commencing with Section 25900), and Part 14 (commencing with
Section begin delete 26000). end delete begin insert 26000) of Division 1 of Title 1. end insert

(5) Section 35735.1.

(6) Paragraph (8) of subdivision (a) of Section 37220.

(7) The following provisions of Part 10.5 (commencing with
Section begin delete 17211): end delete begin insert 17210) of Division 1 of Title 1. end insert

(A) Chapter 1 (commencing with Section begin delete 17211). end delete begin insert 17210). end insert

(B) Article 1 (commencing with Section 17251) to Article 6
(commencing with Section 17365), inclusive, of Chapter 3.

(C) Sections 17416 to 17429, inclusive; Sections 17459 and
begin delete 17462 and end delete begin insert 17462; end insert subdivision (a) of Section 17464; and Sections
17582 to begin delete 17592, end delete begin insert 17591, end insert inclusive.

(8) The following provisions of Part 24 (commencing with
Section begin delete 41000): end delete begin insert 41000) of Division 3: end insert

(A) Sections 41000 to 41360, inclusive.

(B) Sections 41420 to 41423, inclusive.

(C) Sections 41600 to begin delete 41866, end delete begin insert 41863, end insert inclusive.

(D) Sections begin delete 41920 to 42911, end delete begin insert 41930 to 42850, end insert inclusive.

(9) Sections 44504 and 44505.

(10) Article 3 (commencing with Section 44930) of Chapter 4
of Part 25 begin insert of Division 3 end insert and regulations in Title 5 of the California
Code of Regulations adopted pursuant to Article 3 (commencing
with Section 44930) of Chapter 4 of Part begin delete 25. end delete begin insert 25 of Division 3. end insert

(11) Part 26 (commencing with Section begin delete 46000). end delete begin insert 46000) of
Division 4. end insert

(12) Chapter 6 (commencing with Section 48900) and Chapter
6.5 (commencing with Section 49060) of Part begin delete 27. end delete begin insert 27 of Division
4. end insert

(13) Section 51513.

begin delete

(14) Chapter 6.10 (commencing with Section 52120) of Part
28, relating to class size reduction.

end delete begin delete

(15)

end delete

begin insert (14) end insert  Section 52163.

begin delete

(16)

end delete

begin insert (15) end insert  The identification and assessment criteria relating to any
categorical aid program, including Sections 52164.1 and 52164.6.

begin delete

(17)

end delete

begin insert (16) end insert  Sections 52165, 52166, and 52178.

begin delete

(18)

end delete

begin insert (17) end insert  Article 3 (commencing with Section 52850) of Chapter 12
of Part begin delete 28. end delete begin insert 28 of Division 4. end insert

begin delete

(19)

end delete

begin insert (18) end insert  Section 56364.1, except that this restriction shall not
prohibit the begin delete State Board of Education end delete begin insert state board end insert from approving
any waiver of Section begin delete 56364 or 56364.2, as applicable, end delete begin insert 56364.2, end insert
relating to full inclusion.

begin delete

(20)

end delete

begin insert (19) end insert  Article 4 (commencing with Section 60640) of Chapter 5
of Part begin delete 33, end delete begin insert 33 of Division 4, end insert relating to the begin delete STAR Program, end delete
begin insert California Assessment of Student Performance and Progress
(CAASPP), end insert and any other provisions of Chapter 5 (commencing
with Section 60600) of Part begin delete 33 end delete begin insert 33 of Division 4 end insert that establish
requirements for the begin delete STAR Program. end delete begin insert CAASPP. end insert

(b) Any waiver of provisions related to the programs identified
in Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part begin delete 28. end delete begin insert 28 of
Division 4. end insert

(c) The waiver of an advisory committee required by law shall
be granted only pursuant to Article 4 (commencing with Section
52870) of Chapter 12 of Part begin delete 28. end delete begin insert 28 of Division 4. end insert

(d)  begin delete Any end delete begin insert A end insert request for a waiver submitted by the governing board
of a school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to both of the
following:

(1) Whether the exclusive representative of employees, if any,
as provided in Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, participated in the
development of the waiver.

(2) The exclusive representative’s position regarding the waiver.

(e)  begin delete Any end delete begin insert A end insert request for a waiver submitted pursuant to subdivision
(a) relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter
9 of Part begin delete 28, that end delete begin insert 28 of Division 4, which end insert is operated by a joint
powers entity established pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code,
shall be submitted as a joint waiver request for each participating
school district and shall meet both of the following conditions:

(1) Each joint waiver request shall comply with all of the
requirements of this article.

(2) The submission of a joint waiver request shall be approved
by a unanimous vote of the governing board of the joint powers
agency.

(f) The governing board of begin delete any end delete begin insert a end insert school district requesting a
waiver under this section of begin delete any end delete begin insert a end insert provision of Article 5
(commencing with Section 39390) of Chapter 3 of Part begin delete 23 end delete begin insert 23 of
Division 4 end insert shall provide written notice of begin delete any end delete begin insert a end insert public hearing it
conducted pursuant to subdivision (a), at least 30 days begin delete prior to end delete
begin insert before end insert the hearing, to each public agency identified under Section
39394.

begin insert

(g) The state board shall not grant any waiver request by a
governing board of a school district under this section if the state
board finds the governing board of the school district to be out of
compliance with subdivision (a) or paragraph (1) of subdivision
(b) of Section 44662, or out of compliance with the requirement
to confer with a certificated employee making specific
recommendations as to areas of improvement in the certificated
employee’s performance and endeavor to assist the certificated
employee in his or her performance pursuant to subdivision (b) of
Section 44664.

end insert

SEC. 3.  

Section 44662 of the Education Code is amended to
read:

44662.  

(a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade
level in each area of study.

(b) The governing board of each school district shall evaluate
and assess certificated employee performance as it reasonably
relates to:

(1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards as measured by state adopted criterion
referenced assessments.

(2) The instructional techniques and strategies used by the
employee.

(3) The employee’s adherence to curricular objectives.

(4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee’s responsibilities.

(c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be
evaluated appropriately under the provisions of subdivision (b)
and shall evaluate and assess the performance of those
noninstructional certificated employees as it reasonably relates to
the fulfillment of those responsibilities.

(d) Results of an employee’s participation in the begin insert California end insert Peer
Assistance and Review Program for Teachers established by Article
4.5 (commencing with Section 44500) shall be made available as
part of the evaluation conducted pursuant to this section.

(e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers’ norms established by standardized tests.

(f)  begin insert (1) end insert begin insert   end insert Nothing in this section shall be construed as in any way
limiting the authority of begin delete school district end delete begin insert the end insert governing begin delete boards end delete begin insert board
of a school district end insert to develop and adopt additional evaluation and
assessment guidelines or criteria.

begin insert

(2) The governing board of a school district is encouraged to
use peer observation and surveys of parents and pupils as part of
the evaluation and assessment guidelines or criteria.

end insert

SEC. 4.  

Section 44664 of the Education Code is amended to
read:

44664.  

(a) Evaluation and assessment of the performance of
each certificated employee shall be made begin delete on a continuing basis as
follows: end delete begin insert annually, and shall result in a determination of highly
effective, effective, minimally effective, or ineffective, in accordance
with guidelines adopted by the state board pursuant to Section
33039. end insert

begin delete

(1) At least once each school year for probationary personnel.

end delete begin delete

(2) At least every other year for personnel with permanent status.

end delete begin delete

(3) 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 by the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301,
et seq.), as defined in 20 U.S.C. Sec. 7801, and whose previous
evaluation rated the employee as meeting or exceeding standards,
if the evaluator and certificated employee being evaluated agree.
The certificated employee or the evaluator may withdraw consent
at any time.

end delete

(b) The evaluation shall include recommendations, if necessary,
as to areas of improvement in the performance of the begin insert certificated end insert
employee. If begin delete an end delete begin insert a certificated end insert employee begin delete is not performing his or
her duties in a satisfactory manner according to the standards
prescribed by the governing board, end delete begin insert has received an unsatisfactory
evaluation, end insert the employing authority shall notify the employee in
writing of that fact and describe the unsatisfactory performance.
The employing authority shall thereafter confer with the begin insert certificated end insert
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. If begin delete any end delete begin insert a end insert 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 district.

(c)  begin delete Any end delete begin insert An end insert evaluation performed pursuant to this article begin delete which end delete
begin insert that end insert contains an unsatisfactory rating of begin delete an end delete begin insert a certificated end insert
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. If a district participates in the begin insert California end insert Peer Assistance
and Review Program for Teachers established pursuant to Article
4.5 (commencing with Section 44500), begin delete any end delete begin insert a end insert certificated employee
who receives an unsatisfactory rating on an evaluation performed
pursuant to this section shall participate in the begin insert California end insert Peer
Assistance and Review Program for Teachers.

(d) Hourly and temporary hourly certificated employees, other
than those employed in adult education classes who are excluded
by the provisions of Section 44660, and substitute teachers may
be excluded from the provisions of this section at the discretion
of the governing board.

begin insert

(e) For purposes of this section, “unsatisfactory” means an
evaluation that results in a determination of ineffective or
minimally effective, and “satisfactory” means an evaluation that
results in a determination of effective or highly effective.

end insert begin insert

(f) To the extent that this section as amended by Assembly Bill
____ of the 2015-16 Regular Session conflicts with a provision
of a collective bargaining agreement entered into by a public
school employer and an exclusive bargaining representative before
January 1, 2016, pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, the
changes made to this section by Assembly Bill ____ of the 2015-16
Regular Session shall not apply to the school district until
expiration or renewal of that collective bargaining agreement.

end insert

SEC. 5.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.