Amended in Assembly April 14, 2015

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 Sections 44662, 44663, and 44664 of end delete begin insert Section 33039 of, and to add Article 14 (commencing with Section 44672) to Chapter 3 of Part 25 of Division 3 of Title 2 of, end insert the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

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

begin insert

Existing law requires the State Board of Education to develop guidelines that school districts may use in the development of certain teach evaluation procedures and to distribute those guidelines to every school district.

end insert begin insert

This bill would require the development of those guidelines to comply with the Administrative Procedure Act.

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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 begin delete 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. end delete begin insert provide, if applicable, multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes as used for certain purposes of evaluating and assessing certificated employee performance may include specified sources. end insert

The bill would require an employing authority to begin delete utilize end delete begin insert use end insert 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 begin delete requires or end delete authorizes begin delete certain things relating to the evaluation end delete begin insert these evaluations to include a requirement that the employee participate in a specified program end insert if a permanent certificated employee receives an unsatisfactory evaluation.

This bill would instead begin delete require or authorize these things relating to the evaluation end delete begin insert require an employee, end insert if begin delete the end delete begin insert that end insert employee receives one of the begin insert specified end insert rating levels of professional achievement for evaluation and begin delete assessment. end delete begin insert assessment, to participate in the California Peer Assistance and Review Program for Teachers if the school district participates in that program. end insert The bill would require, in order to endeavor to begin delete assess end delete begin insert assist end insert the employee in areas of improvement, the school district to, at minimum, begin insert consider the employee’s eligibility for professional development identified in the school district and applicable school’s local control and accountability plan, and end insert 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: yes. State-mandated local program: yes.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 33039 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

33039.  

The begin delete State Board of Education end delete begin insert state board end insert shall develop
guidelines begin delete which end delete begin insert that end insert school districts may use in the development
of teacher evaluation procedures pursuant to Article 11
(commencing with Section 44660) of Chapter 1 of Part 25 of
Division 3 of this title, and shall distribute begin delete such end delete begin insert the end insert guidelines to
every school district. begin insert The development of these guidelines shall
comply with the Administrative Procedure Act (Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Article 14 (commencing with Section 44672) is added
to Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 14. end insert   Common Evaluation System Provisions

 

begin insert 44672. end insert   

If applicable, multiple measures of pupil progress, pupil
academic growth, pupil achievement, and pupil outcomes as used
in this chapter for purposes of evaluating and assessing certificated
employee performance may include, but shall not be limited to,
any of the following sources:

(a) State-adopted formative and summative criterion referenced
assessments.

(b) School district, school, or department-developed
assessments.

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

(d) Pretest and posttest data.

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

(f) English language proficiency assessments.

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

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

(i) A-G coursework completion.

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

(k) Portfolios of pupils’ work, projects, and performances
redacted of personally identifiable pupil information.

(l) Surveys from parents, if approved in advance by the
certificated employee.

(m) Surveys from pupils, if approved in advance by the
certificated employee.

(n) Written reports from classroom observations.

(o) Progress on outcomes described in the local control and
accountability plan pursuant to paragraphs (4) and (8) of
subdivision (d) of Section 52060.

begin insert 44673. end insert   

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

(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 required to
participate and receive appropriate additional support, training,
and assistance.

(2) Demonstrate unsatisfactory performance or conduct,
unsuccessfully participated in mandatory corrective action, refused
to participate in required additional support and training, or are
subject to mandatory reassignment, suspension, or adverse action
resulting from charges pursuant to Article 3 (commencing with
Section 44930) of Chapter 4. This rating level shall be applicable
to paragraph (5) of subdivision (a) of Section 44932.

begin insert 44674. end insert   

(a) If a school district participates in the California
Peer Assistance and Review Program for Teachers established
pursuant to Article 4.5 (commencing with Section 44500), a
certificated employee who receives a rating in either of the levels
described by subdivision (b) of Section 44673 on an evaluation
performed pursuant to Section 44664 shall participate in the
California Peer Assistance and Review Program for Teachers.

(b) Notwithstanding any other law, in endeavoring to assist the
employee as mandated by Article 11 (commencing with Section
44660) and Article 13 (commencing with Section 44670), the school
district shall, at a minimum, consider the employee’s eligibility
for professional development identified in the school district and
applicable school’s local control and accountability plan, and
prioritize the employee’s eligibility for 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.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

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.

end insert

begin delete

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.

(c) The evaluation and assessment made pursuant to this article
shall be reduced to writing and a copy 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.

(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
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
et seq.), as defined in 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 a permanent certificated employee
has received 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) An evaluation performed pursuant to this article that contains
a rating of an employee’s performance described in subdivision
(b) of Section 44663 in the area of teaching 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.

(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 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.

(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 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.

end delete