BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 8, 2015


                           ASSEMBLY COMMITTEE ON EDUCATION


                              Patrick O'Donnell, Chair


          AB 1226  
          (Chávez) - As Introduced February 27, 2015


          SUBJECT:  School accountability:  local control and  
          accountability plans:  state priorities


          SUMMARY:  Requires school district local control and  
          accountability plans (LCAPs) to address the degree to which the  
          certificated instructional personnel of the school district are  
          offered opportunities for professional development and growth in  
          effectiveness, including, but not necessarily limited to, the  
          requirement to confer with a certificated 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 pursuant to existing requirements  
          regarding professional development for certificated employees.  


          EXISTING LAW:  


          1)Requires the performance of certificated employees to be made  
            on a continuing basis as follows:


             a)   At least once each school year for probationary  
               personnel;









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             b)   At least every other year for personnel with permanent  
               status; and


             c)   At least every five years for personnel with permanent  
               status who have been employed at least 10 years with the  
               district, are highly qualified (if in a position that  
               federal law requires to be occupied by a highly qualified  
               teacher), and whose previous evaluation rated the employee  
               as meeting or exceeding standards, provided the employee  
               and the evaluator agree.


          2)Requires the evaluation to include recommendations for  
            improvement, if necessary, or, if the employee is performing  
            at an unsatisfactory level, a written notice to the employee  
            of that fact.


          3)Provides that an unsatisfactory evaluation may include a  
            requirement that the employee be required to participate in a  
            professional development program.


          4)Requires school districts to adopt and annually update LCAPs  
            and requires each LCAP to address the following eight state  
            priorities:


             a)   The degree to which teachers are appropriately assigned;


             b)   Implementation of the academic content and performance  
               standards adopted by the State Board of Education (SBE);


             c)   Parental involvement;









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             d)   Pupil achievement;


             e)   Pupil engagement;


             f)   School climate;


             g)   The extent to which pupils have access to and are  
               enrolled in a broad course of study; and


             h)   Pupil outcomes.


          FISCAL EFFECT:  State mandated local program


          COMMENTS:  The requirement for each school district and county  
          office of education to adopt and annually update an LCAP was  
          established with the enactment of the local control funding  
          formula (LCFF).  The LCAP requirement does not apply to charter  
          schools, which are instead monitored on the basis of the goals  
          and actions specified in their charters, which must be updated  
          annually beginning July 1, 2015.)  Each LCAP must address the  
          eight state priorities listed above.  This bill adds as a ninth  
          priority the degree to which the district offers opportunities  
          for professional development and growth.  


          Prior to the enactment of the LCFF, the annual budget  
          appropriated funds for several professional development  
          programs, including:


                 Bilingual Teacher Training Assistance Program
                 Certificated Staff Mentoring








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                 National Board Certification Incentives


                 Beginning Teacher Support and Assessment (BTSA)


                 Peer Assistance and Review (PAR)


          


          When the LCFF was adopted, these categorical programs were  
          eliminated and the funding for them was rolled into the new  
          funding formula.  Although districts have the authority to  
          continue any or all of these programs using LCFF funds, many do  
          not, even though professional development is known to be an  
          important factor in improving classroom instruction.


          Possible conflict with pending legislation.  This bill actually  
          contains two requirements.  First, it requires each LCAP to  
          address the degree to which certificated instructional personnel  
          are offered opportunities for professional developments.   
          Second, it requires opportunities for professional development  
          to include individual conferences and the identification of  
          specific areas of needed improvement.  These second issues go  
          beyond professional development and get into the area of teacher  
          evaluation, which is being addressed in separate legislation.   
          Specifically, the following bills dealing with some aspect of  
          teacher evaluation have been introduced in the current session:


                 AB 575 (O'Donnell), pending in the Assembly Education  
               Committee
                 AB 1078 (Olsen), pending in the Assembly Education  
               Committee








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                 AB 1099 (Olsen), pending in the Assembly Education  
               Committee


                 AB 1484 (Weber), pending in the Assembly Education  
               Committee


                 SB 499 (Liu), pending in the Senate Education Committee


          Each of these bills has the potential to more fully address the  
          broad and complex range of issues related to teacher evaluation.  
           Hearing them will also would give the committee a better  
          opportunity to consider all of the issues involved, structure a  
          more comprehensive teacher evaluation program, and avoid  
          possible conflicts or inconsistencies that could result from a  
          piece-meal approach.  In addition, Education Code Section 44644,  
          which is referenced by this bill, may be replaced with a new  
          section dealing with teacher evaluation.  For these reasons,  
          staff recommends that the bill be amended to strike the  
          requirement that opportunities for professional development  
          include individual conferences and the identification of  
          specific areas of needed improvement.


          Charter schools.  Charter schools are not required to adopt  
          LCAPs.  Instead, the petition for each charter must address  
          some, but not all, of the same state priorities as the LCAP,  
          such as a description of the school's educational program,  
          annual goals, and measurable outcomes.  State priorities that  
          must be addressed in an LCAP that are not required to be  
          addressed in a charter school petition, include teacher  
          assignment, parental involvement, pupil engagement, and school  
          climate.  This bill makes opportunities for professional  
          development a ninth state priority for LCAPs.  Staff recommends  
          that the bill be amended to add opportunities for professional  








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          development to the elements that are required to be addressed by  
          charter school petitions.





          REGISTERED SUPPORT / OPPOSITION:




          Support


          EdVoice


          Students First




          Opposition


          None received




          Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087















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