Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1495

Introduced by Assembly Member Weber

February 27, 2015

An act to amend begin delete Section end delete begin insert Sections end insert 44662 begin insert , 44663, and 44664 end insert of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 1495, as amended, Weber. Teachers: evaluation.

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 specified matters begin insert , including pupil progress, as provided end insert . Existing law authorizes the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria.

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This bill would make nonsubstantive changes to these provisions.

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This bill would also require the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil achievement and pupil outcomes, if applicable, as provided. The bill would provide that evidence of actual pupil progress may include written reports from classroom observations and data from various sources, including state-adopted criterion referenced assessments.

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The bill would require an employing authority to utilize a minimum of 3 rating levels of professional achievement for evaluation and assessment of certificated employees, as provided.

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By imposing additional duties on school districts, this bill would impose a state-mandated local program.

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Existing law requires an evaluation to include recommendations, if necessary, as to areas of improvement in the performance of the employee. Existing law requires or authorizes certain things relating to the evaluation if a permanent certificated employee receives an unsatisfactory evaluation.

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This bill would instead require or authorize these things relating to the evaluation if the employee receives one of the rating levels of professional achievement for evaluation and assessment. The bill would require, in order to endeavor to assess the employee in areas of improvement, the school district to, at minimum, prioritize the employee’s eligibility for professional development, as provided. By expanding the duties of a school district, the bill would impose a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 44662 of the Education Code is amended
to read:

44662.  

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

(b) The governing board of a 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, begin insert pupil achievement
and pupil outcomes described in the local control and
accountability plan pursuant to paragraphs (4) and (8) of
subdivision (d) of Section 52060, and end insert 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 a 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 California 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) Nothing in this section shall be construed as in any way
limiting the authority of the governing board of a school district
to develop and adopt additional evaluation and assessment
guidelines or criteria.

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(g) For purposes of paragraph (1) of subdivision (b), evidence
of actual pupil progress may include, but shall not be limited to,
written reports from classroom observations and data from any
or all of the following:

end insert begin insert

(1) State-adopted criterion referenced assessments.

end insert begin insert

(2) District, school, or department-developed assessments.

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(3) Curriculum-based and end-of-course assessments.

end insert begin insert

(4) Pretest and posttest data.

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(5) Interim, periodic, benchmark, and formative assessments.

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(6) English language proficiency assessments.

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(7) Assessments measuring progress in an individualized
education program.

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(8) Advance placement, international baccalaureate and college
preparedness examinations.

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(9) A-G coursework completion.

end insert begin insert

(10) Industry-recognized career technical education assessments
and program completion.

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(11) Portfolios of pupils’ work and projects and of live and
recorded pupil performances.

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(12) Surveys from parents.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 44663 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44663.  

begin insert

(a) The employing authority shall utilize a minimum
of three rating levels of professional achievement for evaluation
and assessment of certificated employees pursuant to this article.

end insert begin insert

(b) At least two rating levels shall identify certificated employees
who meet either of the following:

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(1) Require more development and growth to achieve a rating
of satisfactory or meeting standards, and who are to participate
and receive appropriate additional support, training, and
assistance pursuant to Section 44664.

end insert begin insert

(2) Demonstrate unsatisfactory performance or conduct,
unsuccessfully participated in mandatory corrective action, refused
to participate in required additional support and training pursuant
to Section 44664, or are subject to mandatory reassignment,
suspension, or adverse action resulting from charges pursuant to
Article 3 (commencing with Section 44930) of Chapter 4.

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(a) Evaluation

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begin insert ( end insert begin insert c) end insert begin insert   end insert begin insert The evaluation end insert and assessment made pursuant to this article
shall be reduced to writing and a copy begin delete thereof end delete begin insert of the evaluation
and assessment end insert shall be transmitted to the certificated employee
not later than 30 days before the last schoolday scheduled on the
school calendar adopted by the governing board for the school
year in which the evaluation takes place. The certificated employee
shall have the right to initiate a written reaction or response to the
evaluation. This response shall become a permanent attachment
to the employee’s personnel file. Before the last schoolday
scheduled on the school calendar adopted by the governing board
for the school year, a meeting shall be held between the certificated
employee and the evaluator to discuss the evaluation.

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(b)

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begin insert ( end insert begin insert d) end insert  In the case of a certificated noninstructional employee, who
is employed on a 12-month basis, the evaluation and assessment
made pursuant to this article shall be reduced to writing and a copy
begin delete thereof end delete begin insert of the evaluation and assessment end insert shall be transmitted to
the certificated employee no later than June 30 of the year in which
the evaluation and assessment is made. A certificated
noninstructional employee, who is employed on a 12-month basis
shall have the right to initiate a written reaction or response to the
evaluation. This response shall become a permanent attachment
to the employee’s personnel file. Before July 30 of the year in
which the evaluation and assessment takes place, a meeting shall
be held between the certificated employee and the evaluator to
discuss the evaluation and assessment.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 44664 of the end insert begin insert Education Code end insert begin insert is amended to
read: end insert

44664.  

(a) Evaluation and assessment of the performance of
each certificated employee shall be made on a continuing basis as
follows:

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

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

(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. begin delete 6301, end delete
begin insert 6301 end insert et seq.), as defined in begin delete 20 U.S.C. Sec. 7801, end delete begin insert Section 7801 of
Title 20 of the United States Code, end insert 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.

(b) The evaluation shall include recommendations, if necessary,
as to areas of improvement in the performance of the employee.
If an employee is not performing his or her duties in a satisfactory
manner according to the standards prescribed by the governing
board, 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 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 begin delete an unsatisfactory evaluation end delete begin insert an evaluation rating in
either of the levels described in subdivision (b) of Section 44663 end insert ,
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 begin delete an unsatisfactory end delete begin insert a end insert rating of an employee’s
performance begin insert described in subdivision (b) of Section 44663 end insert in the
area of teaching begin delete methods or end delete begin insert methods, end insert instruction begin insert , or progress of
pupils towards standards of expected pupil achievement, end insert 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. begin delete If end delete

begin insert (d) end insert begin insert   end insert begin insert If end insert 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), any certificated employee
who receives begin delete an unsatisfactory end delete begin insert a end insert rating begin insert in either of the levels
described by subdivision (b) of Section 44663 end insert on an evaluation
performed pursuant to this section shall participate in the begin insert California end insert
Peer Assistance and Review Program for Teachers.

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(e) Notwithstanding any other law, in endeavoring to assist the
employee pursuant to subdivision (b), the district shall, at a
minimum, prioritize the employee’s eligibility for professional
development identified in the district and applicable school’s local
control and accountability plan, and any professional development
supported by one time or ongoing funds appropriated by the
Legislature in the annual Budget Act, including professional
development in the state academic content standards adopted by
the state board, and training on services to English learners to
access the common core academic content standards adopted
pursuant to Section 60605.8 and the English language development
standards adopted pursuant to former Section 60811.3, as that
section read on June 30, 2013, or Section 60811.4.

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(d)

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begin insert (f) end insert  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 begin delete the provisions of end delete this section at the discretion
of the governing board.

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begin insert SEC. 4. end insert   

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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.

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