BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:              AB 1099            
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          |Author:    |Olsen                                                |
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          |Version:   |May 6, 2015                                 Hearing  |
          |           |Date:     July 1, 2015                               |
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          |Urgency:   |No                     |Fiscal:     |Yes             |
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          |Consultant:|Lenin Del Castillo                                   |
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          Subject:  School accountability:  local control and  
          accountability plans:  teacher evaluations

            SUMMARY
          
          This bill requires each school district and county office of  
          education (COE) to post information on its Internet Web site, if  
          it has one, regarding its procedures for evaluating teachers and  
          principals.  This bill also requires the local control and  
          accountability plan (LCAP) of each school district and COE to  
          contain a listing and description of specified expenditures at  
          each school site.

            BACKGROUND
          
          Under existing law, the Stull Act 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:  

          1)Progress of pupils toward district-adopted and, if applicable,  
            state-adopted academic content standards as measured by  
            state-adopted criterion referenced tests;

          2) Instructional techniques and strategies used by the employee;  









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          3)The employee's adherence to curricular objectives; and

          4)The establishment and maintenance of a suitable learning  
            environment within the scope of the employee's  
            responsibilities.  (Education Code § 44660, et seq.)  

          Chapter 47, Statutes of 2013 (AB 97, Committee on Budget), and  
          subsequent legislation created the Local Control Funding Formula  
          (LCFF), which consolidated most of the state's categorical  
          programs with general purpose revenue limit funding and would be  
          phased in over the coming years.  One of the main principles  
          behind the LCFF is that English learners and low-income students  
          require more attention and resources in the classroom than  
          students who do not have these same challenges.  By providing  
          more services (and in turn, additional funding) to these student  
          populations, it is widely believed that this will help close the  
          achievement gap and help all students perform better.

          In addition to the LCFF, the 2013 Budget established a new  
          system for school accountability.  Under the new system, school  
          districts, county offices of education, and 

          charter schools are required to complete a local control and  
          accountability plan (LCAP).  The LCAP must include a district's  
          annual goals in each of the following eight state priority  
          areas: 

          1)Student achievement.

          2)Student engagement.

          3)Other student outcomes.  

          4)School climate.

          5)Implementation of the Common Core State Standards.

          6)Course access.

          7)Basic services.

          8)Parental involvement.

          The plans must also include both district wide goals and goals  








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          for specific subgroups.  Districts are required to consult with  
          stakeholders on their plans and hold at least two public  
          hearings before adopting or updating their LCAP.  Additionally,  
          existing law requires each LCAP to include, among other things:

             a)   A listing and description of district expenditures for  
               the fiscal year implementing the specific actions included  
               in the LCAP and the changes to the specific actions made  
               pursuant to the annual update; and


             b)   A listing and description of district expenditures for  
               the fiscal year that will serve the pupils who are in at  
               least one of the following categories:  eligible for free  
               or reduced-price meals; foster youth; limited English  
               proficient; or redesignated as English proficient.


          According to the State Department of Education, regulations  
          require school districts and county office of education (COEs)  
          to specify, in both the LCAP and the annual update to the LCAP,  
          which school sites each goal applies to, the scope of service  
          for a particular action or services, the applicable student  
          subgroups to be served by a goal, action, or service, and the  
          estimated expenditures for each action and service.  School  
          districts and COEs are also required to provide a description of  
          how they are expending funds calculated on the basis of the  
          number and concentration of low-income, foster youth, and  
          English learner pupils.  If a school district or COE chooses to  
          send LCFF funds to school sites to implement one or more of the  
          actions and/or services described in the LCAP, those funds would  
          be captured in the LCAP or annual update to the LCAP of the  
          school district or COE.

            ANALYSIS
          
          This bill:


          1)Requires each school district and COE to post on its Internet  
            Web site, if it has one, all of the following:











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             a)   An easily understandable explanation of how the  
               evaluation of certificated teaching staff is conducted,  
               including, but not limited to, all blank evaluation forms,  
               all procedures to be used for the evaluation contained in  
               the current collective bargaining agreement, how  
               evaluations include the progress of pupils toward the  
               locally adopted standards of expected pupil achievement at  
               each grade level in each area of study, and if applicable,  
               the state adopted academic content standards as measured by  
               state adopted criterion referenced assessments. 





             b)   Whether or not the school district or county office of  
               education (COE) has adopted an evaluation system for school  
               principals, and how it compares to the standards set forth  
               in law, as specified.



          1)Requires the local control and accountability plan (LCAP) of  
            each school district and COE to contain a listing and  
            description of specified expenditures at each school site.


          STAFF COMMENTS
          
       1)Need for the bill.  According to the author's office, this bill  
            empowers parents to more actively engage with schools and  
            teachers by disclosing principal and teacher evaluation  
            methods and school funding priorities.  School districts are  
            not required to demonstrate the evaluation method of its  
            teachers or principals, the level of investment they make in  
            the continuing education of teachers, or how their resources  
            are divided between schools.  The author's office indicates  
            that we can make our education system more effective by  
            providing more information about how schools are measuring  








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            quality and spending their resources and that we cannot hold  
            our teachers or principals responsible for the success or  
            failure of schools if districts do not evaluate their  
            performance and invest in their continuing education.

       2)Arguments in support.  StudentsFirst indicates that this bill  
            "seeks to build on the principles of transparency and  
            accountability that serve as the foundation for California's  
            Local Control Funding Formula (LCFF) by requiring additional  
            transparency for schools, districts, and county offices of  
            education."  By requiring school districts and county offices  
            of education to include annual updates about expenditures at  
            the school site level will "shine a light on the extent to  
            which districts are using LCFF dollars to truly provide  
            additional resources to student populations according to their  
            needs."  In addition, the bill would lead to increased  
            transparency regarding the quality of the teachers in our  
            classrooms by requiring school districts to "make available to  
            the public, and post on its Web site, information on the  
            process and materials used to evaluate teachers and principals  
            including how the school district incorporates measures of  
            pupil progress towards local and state academic content  
            standards in educator evaluations."  EdVoice indicates that by  
            sharing publicly key information about how teachers and  
            administrators are assessed, parents, teachers, and community  
            members can better engage with district leadership in  
            substantive conversations about how they assess and support  
            their educators.



       3)Arguments in opposition.  The California Federation of Teachers  
            (CFT) indicates that "the data required to be reported related  
            to teacher evaluations distorts the 
            purpose and intent of educator evaluations.   Effective  
            teacher evaluation systems are designed to identify educator  
            strengths and weaknesses and assist them in improving their  
            practice throughout their careers.  California Federation of  
            Teachers (CFT) believes that requiring districts to describe  
            all of the procedures to be used for the evaluation of  
            certificated teachers contained in the current collective  
            bargaining agreement, how evaluations include the progress of  
            pupils towards the locally-adopted standards of expected pupil  
            achievement at each grade level in each area of study and, if  








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            applicable, the state adopted academic content standards as  
            measured by state adopted criterion referenced assessments is  
            totally unnecessary."  

            The California Teachers Association indicates that this bill  
            is an unnecessary duplication of existing federal mandates and  
            also duplicates current expenditure disclosure requirements in  
            the local control and accountability plan (LCAP) concerning  
            reporting expenditures for professional development at the  
            school site and county level.    

       4)LCAPs and school site expenditures.  This bill requires the LCAP  
            of each school district and COE to contain a listing and  
            description of specified expenditures at each school site.   
            However, AB 104 (Committee on Budget, Chapter 13, Statutes of  
            2015), the education trailer bill, contains the following  
            provision:  "It is the intent of the Legislature that when the  
            local control funding formula is fully implemented pursuant to  
            subdivision (g) of Section 42238.03 of the Education Code,  
            local educational agencies shall be required to report to the  
            Superintendent of Public Instruction for compilation on the  
            State Department of Education's Internet Web site both of the  
            following:  (a) The amount of funds received on the basis of  
            the number and concentration of unduplicated pupils in the  
            current year and, to the extent available, prior fiscal years;  
            and (b) The amount of local control funding formula funds  
            expended on services for unduplicated pupils in the current  
            year and, to the extent available, prior fiscal years  
            commencing with the 2013-14 fiscal year." Therefore, the  
            bill's provisions requiring school district and COE LCAPs to  
            include school site expenditures appear to be unnecessary.   
            For this reason, staff recommends that the bill be amended to  
            delete these provisions.

       5)Charter schools.  The bill's requirements regarding the posting  
            of procedures for evaluating teachers and principals and for  
            LCAPs to contain a listing and description of school site  
            expenditures only apply to traditional public schools and not  
            to charter schools.  While the existing Stull Act only applies  
            to traditional public schools, charter schools and their  
            students, parents, teachers, and community could also benefit  
            from the increased transparency this bill seeks to provide.   
            For this reason, staff recommends that the bill be amended to  
            apply to charter schools as well.








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       6)Fiscal impact.  According to the Assembly Appropriations  
            Committee, this bill could result in unknown, likely minor,  
            Proposition 98 General Fund state mandated reimbursable costs  
            for school districts and county offices of education to  
            compile school site expenditures data and teacher evaluation  
            materials and post the 
          
            information online.  Many districts are already compiling this  
            data per existing statute and federal law.  Additionally,  
            actual costs will vary by district depending on the number of  
            school sites and the complexity of the data submitted.
          
            SUPPORT
          
          Education Trust-West 
          EdVoice
          StudentsFirst

            OPPOSITION
           
           California Federation of Teachers
          California School Boards Association
          California Teachers Association

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