BILL NUMBER: AB 1495 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Weber
FEBRUARY 27, 2015
An act to amend Section Sections
44662 , 44663, and 44664 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 ,
including pupil progress, as provided . Existing law
authorizes the governing board of a school district to develop and
adopt additional evaluation and assessment guidelines or criteria.
This bill would make nonsubstantive changes to these provisions.
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.
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.
By imposing additional duties on school districts, this bill would
impose a state-mandated local program.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
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, 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 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.
(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:
(1) State-adopted criterion referenced assessments.
(2) District, school, or department-developed assessments.
(3) Curriculum-based and end-of-course assessments.
(4) Pretest and posttest data.
(5) Interim, periodic, benchmark, and formative assessments.
(6) English language proficiency assessments.
(7) Assessments measuring progress in an individualized education
program.
(8) Advance placement, international baccalaureate and college
preparedness examinations.
(9) A-G coursework completion.
(10) Industry-recognized career technical education assessments
and program completion.
(11) Portfolios of pupils' work and projects and of live and
recorded pupil performances.
(12) Surveys from parents.
SEC. 2. Section 44663 of the Education
Code is amended to read:
44663. (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.
(b) At least two rating levels shall identify certificated
employees who meet either of the following:
(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.
(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.
(a) Evaluation
( c) The evaluation
and assessment made pursuant to this article shall be reduced to
writing and a copy thereof of the evaluation
and assessment 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.
(b)
( d) 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 thereof of the
evaluation and assessment 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.
SEC. 3. Section 44664 of the Education
Code is amended to read:
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.
6301, 6301 et seq.), as defined in 20
U.S.C. Sec. 7801, Section 7801 of Title 20 of the
United States Code, 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 any a permanent
certificated employee has received an unsatisfactory
evaluation an evaluation rating in either of the
levels described in subdivision (b) of Section 44663 , the
employing authority shall annually evaluate the employee until the
employee achieves a positive evaluation or is separated from the
district.
(c) Any An evaluation performed
pursuant to this article which that
contains an unsatisfactory a rating of
an employee's performance described in subdivision (b) of
Section 44663 in the area of teaching methods or
methods, instruction , or progress of
pupils towards standards of expected pupil achievement, 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. If
(d) If a district participates in
the California Peer Assistance and Review Program for
Teachers established pursuant to Article 4.5 (commencing with Section
44500), any certificated employee who receives an
unsatisfactory a rating in either of the
levels described by subdivision (b) of Section 44663 on an
evaluation performed pursuant to this section shall participate in
the California Peer Assistance and Review Program for
Teachers.
(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.
(d)
(f) 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 the provisions of this
section at the discretion of the governing board.
SEC. 4. 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.