BILL ANALYSIS Ó AB 1226 Page 1 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; AB 1226 Page 2 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; AB 1226 Page 3 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 AB 1226 Page 4 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 AB 1226 Page 5 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 AB 1226 Page 6 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 AB 1226 Page 7