BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 29, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1078  
          (Olsen) - As Introduced February 27, 2015


          SUBJECT:  Teachers:  evaluations


          SUMMARY:  Makes changes to the certificated employee evaluation  
          system, known as the Stull Act.  Specifically, this bill:  


          1)Requires the State Board of Education (SBE), by July 1, 2016  
            to revise, update and adopt guidelines that school districts  
            may use in the development of teacher evaluation procedures;  
            and, requires the updated guidelines to include, but not  
            necessarily be limited to, a determination that a teacher's  
            overall performance is highly effective, effective, minimally  
            effective or ineffective.


          2)Prohibits the SBE from granting any waiver request by a  
            governing board of a school district 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.









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          3)Encourages the governing board of a school district to use  
            peer observation and surveys of parents and students as part  
            of the evaluation and assessment guidelines or criteria for  
            certificated employees.


          4)Requires all certificated employees to be evaluated annually,  
            which shall result in a determination of highly effective,  
            effective, minimally effective or ineffective.


          5)Defines "unsatisfactory" to mean an evaluation that results in  
            a determination of ineffective or minimally effective; and,  
            defines "satisfactory" to mean an evaluation that results in a  
            determination of effective or highly effective.


          6)Specifies to the extent that this bill 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 by this bill shall  
            not apply to the school district until expiration or renewal  
            of that collective bargaining agreement.


          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  
            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  








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            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  
            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  








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            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)

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


          COMMENTS:  This bill makes changes to the certificated employee  
          evaluation system, known as the Stull Act.


          According to the author, The Stull Act was passed in 1971 to  
          provide school districts with a timeline for teacher  
          evaluations, and to designate the importance of peer review and  
          student academic performance in such evaluations.  However, the  
          Act lacks definition and guidelines, and school districts have  
          largely ignored its provisions.  AB 1078 would improve teacher  
          evaluations by modernizing the Stull Act to develop meaningful  
          teacher evaluations that will help both teachers and students  
          continue on the path to success.


          Operative Date: If enacted, this bill has as operative January  
          1, 2016, but the revised SBE guidance is not available until  
          July 1, 2016. The committee should consider whether the revised  
          SBE guidance should be published and distributed to school  
          districts before the operative date of the bill.

          SBE Waivers: This bill prohibits all SBE waivers from being  
          granted if a school district does not do both of the following:


          1)Establish standards of expected pupil achievement at each  
            grade level in each area of study.
          2)Evaluate and assess certificated employee performance as it  
            reasonably relates to the progress of pupils toward the  
            standards, the state adopted academic content standards as  








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            measured by state adopted criterion referenced assessments. 


          Under this provision, it is unclear what the status of existing  
          SBE waivers would hold. Would the SBE waivers that have been  
          approved to date, be void?





          Research on Evaluation: 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." This bill does not  
          implement multiple indicators for teacher evaluation. 

          According to StudentsFirst, "A growing body of research on  
          teacher evaluation measures and best practices from other states  
          across the country supports the use of standards-based  
          observation tools and objective measures of student growth for  
          evaluating teacher performance.  However, AB 1078 does not  
          include requirements that districts utilize research-based  
          measures of teacher performance within locally adopted teacher  
          evaluation systems and provides no guidance for how each of  
          these measures should be weighted in the final rating."

          Evaluation Frequency:  This bill requires annual evaluation of  
          all certificated employees.  Currently, permanent teachers are  
          evaluated at least every other year; and, teachers with more  








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          than 10 years of experience are authorized to be evaluated every  
          five years.  This bill will require experienced teachers to be  
          evaluated more frequently.  It is unclear how many teachers are  
          currently evaluated every other year versus every five years and  
          thus it is unclear how this bill will affect administrator work  
          load to complete the increased number of evaluations.  It is  
          unclear whether our current administrative organization at  
          schools will allow for annual evaluations of every teacher.  The  
          committee should consider whether this will be possible given  
          the fact that many schools have a single principal. If the  
          committee agrees that annual evaluation is appropriate, the  
          committee should further consider whether it will be possible  
          for principals to receive enough support from the district to  
          accomplish this starting year one. 

          Professional Development:  This bill specifies that teachers who  
          receive an unsatisfactory rating on their evaluation (those  
          deemed ineffective and minimally effective), 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.  

          Performance Bands: This bill requires the state prescribed  
          evaluation system to use four prescribed performance bands which  
          include: "highly effective," "effective," "minimally effective,"  
          and "ineffective." The committee should consider whether four  
          performance levels would be the appropriate number, and whether  
          the four levels specified in the bill are the most effective  
          performance level descriptors that should be used state-wide.

          Parent and Student Surveys and Peer Observations: This bill  
          encourages the use of peer evaluations and surveys from parents  
          and pupils in certificated employee evaluations.  The committee  
          should consider whether it is appropriate to include peer  
          observations, if those peers are not involved in appropriate  








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          training. The committee should also consider whether it is  
          appropriate to include surveys from parents and students in  
          certificated employee evaluations. The committee should consider  
          whether it is possible for a particularly "tough" teacher that  
          assigns robust homework to receive negative survey comments,  
          when they are a very effective teacher and how this would impact  
          the overall evaluation of that teacher. Likewise, if surveys  
          from parents and students included in a principal's evaluation,  
          comment on suspensions and expulsions, is that appropriate? 

          Charter Schools: This bill requires all traditional public  
          schools in the state to adopt the changes to the teacher  
          evaluation system, but the committee should note that the Stull  
          Act and the changes made in this bill do not apply to charter  
          schools.  The committee should consider whether charter schools  
          teachers should be left out of this opportunity for annual  
          evaluations and support.

          Related Legislation:  AB 575 (O'Donnell & Atkins) from 2015,  
          which is pending in the Assembly, would require 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.  


          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.  


          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.  


          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.  








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          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


          CalChamber


          EdVoice


          Students Matter




          Opposition


          California Federation of Teachers


          California Teachers Association




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








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