BILL ANALYSIS Ó AB 1495 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON EDUCATION Patrick O'Donnell, Chair AB 1495 Weber - As Amended April 14, 2015 SUBJECT: Teachers: evaluation SUMMARY: Adds new requirements to the certificated employee evaluation system, known as the Stull Act. Specifically, this bill: 1)Specifies, if applicable, multiple measures of pupil progress, pupil academic growth, pupil achievement, and pupil outcomes 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 AB 1495 Page 2 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. AB 1495 Page 3 i) A-G coursework completion. j) Industry-recognized career technical education assessments and program completion. aa) Portfolios of pupils' work, projects, and performances redacted of personally identifiable pupil information. bb) Surveys from parents, if approved in advance by the certificated employee. cc) Surveys from pupils, if approved in advance by the certificated employee. AB 1495 Page 4 dd) Written reports from classroom observations. ee) Progress on outcomes described in the local control and accountability plan. 2)Requires the employing authority to use a minimum of three rating levels of professional achievement for evaluation and assessment of certificated employees and requires at least two rating levels to identify certificated employees who meet either of the following: a) 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. b) 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 AB 1495 Page 5 paragraph (5) of subdivision (a) of Section 44932. 3)Requires, if a school district participates in the California Peer Assistance and Review (PAR) Program for Teachers, a certificated employee who receives a rating in either of the levels described (#2 above) on an evaluation shall participate in PAR. 4)Specifies, notwithstanding any other law, in endeavoring to assist the employee as mandated, 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 (LCAP), 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 and the English language development standards. 5)Requires the guidelines developed by the State Board of Education (SBE) to comply with the Administrative Procedure Act. EXISTING LAW: AB 1495 Page 6 1)Establishes the Stull Act, enacted in 1971, which governs certificated employee evaluations and requires school districts to evaluate and assess teacher performance as it reasonability relates to pupil performance on criterion referenced tests, teacher technique and strategies, curricular objectives, and the maintenance of a suitable learning environment. Specifies that in the development and adoption of evaluation guidelines and procedures, the governing board shall avail itself of the advice of the certificated instructional personnel in the district's organization of certificated personnel pursuant to collective bargaining statutes. Specifies that a school district may, by mutual agreement between the exclusive representative of the certificated employees of the school district and the governing board of the school district, include any objective standards from the National Board for Professional Teaching Standards or any objective standards from the California Standards for the Teaching Profession. Specifies that teacher evaluations shall be made on a continuing basis at least once each school year for probationary personnel; at least every other year for personnel with permanent status; and, 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, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree. Specifies that an employee who receives an unsatisfactory rating in the area of teaching methods or instruction may be required to participate in a program designed to improve appropriate areas of the employee's performance; and, requires if a school district participates in the Peer Assistance and Review Program for Teachers (PAR), employees who receive an unsatisfactory rating shall participate in PAR. (Education Code 44660 et. seq.) 2)Establishes the Peer Assistance and Review Program for Teachers (PAR) by authorizing school districts and the exclusive representative of the certificated employees to AB 1495 Page 7 develop and implement the program locally. Specifies that assistance and review shall include multiple observations of a teacher during periods of classroom instruction. Specifies the program shall expect and strongly encourage a cooperative relationship between the consulting teacher and the principal with respect to the process of peer assistance and review. Specifies the school district shall provide sufficient staff development activities to assist a teacher to improve his or her teaching skills and knowledge. Specifies the final evaluation of a teacher's participation in the program shall be made available for placement in the personnel file of the teacher receiving assistance. (Education Code 44505) FISCAL EFFECT: Legislative counsel has keyed this bill a state mandated local program. COMMENTS: This bill adds requirements to the certificated employee evaluation system, known as the Stull Act. According to the author, although California law has required the consideration of evidence of actual pupil progress in the evaluation and assessment of certificated staff job performance for over four decades, school district personnel continue to struggle with what measures of pupil progress are appropriate especially with the lack of state tests in specific grade levels or content areas. As a result of this confusion, a majority of California's largest school districts do not comply with the law and fail to include any actual data from state or local measures or observations of actual pupil progress in the performance evaluations of certificated staff. Student learning is the most important outcome of the public education system and determining whether or not the system is successful and effective. What is at stake is every individual child's constitutional right to an education and an equal educational opportunity to learn. AB 1495 Page 8 Struggling teachers have classes with children struggling to learn. While focusing on student performance, the system must identify and help teachers needing improvement, which is not consistently done. With the recent major revisions to the public school finance system, it is important to have consistency in the evaluation and assessment of certificated staff job performance and add pupil achievement and pupil outcome goals delineated in the school's LCAP to provide consistency with the Stull Act and resources available to help struggling staff. SBE Guidelines: This bill requires the SBE guidelines on teacher evaluation to comply with the Administrative Procedure Act (APA). According to the SBE, the last known SBE guidelines on the Stull Act were created in 1972 and sent out to districts at that time. These guidelines created in 1972 pre-dated the APA. Essentially, this bill requires the SBE to re-draft the guidelines to comply with the APA. Existing law requires the SBE to distribute the guidelines to all districts in the state, but it is unclear whether the SBE would then be required to distribute the new guidelines to all districts in the state. Research on Evaluation: Several research studies detail the essential principals and components of a strong teacher evaluation system. The National Comprehensive Center for Teacher Quality argues a strong evaluation system must: "involve teachers and stakeholders in developing the system; use multiple indicators; and give teachers opportunities to improve in the areas in which they score poorly." Likewise, the New Teacher Project states "evaluations should provide all teachers with regular feedback that helps them grow as professionals, no matter how long they have been in the classroom. The primary purpose of evaluations should not be punitive. Good evaluations identify excellent teachers and help teachers of all skill levels understand how they can improve." Performance Bands: This bill requires the state prescribed evaluation system to use three performance bands and the bottom two levels are identified as: AB 1495 Page 9 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," which is unsatisfactory performance in the dismissal process. The committee should consider whether the two bottom levels specified in the bill are the most effective performance level descriptors that should be used state-wide. Unsatisfactory Conduct: This bill uses a new term "unsatisfactory conduct," which is not used in the current evaluation or dismissal process. Although the bill states that this rating level shall be applicable to the term "unsatisfactory performance," it is unclear what this new term means, how it relates to unprofessional conduct or how it is "applicable" to unprofessional conduct. The existing dismissal process refers to terms such as unsatisfactory performance, unprofessional conduct and immoral conduct but does not use the term unsatisfactory conduct. The committee should consider whether creating a new term could cause confusion in the existing dismissal process and how the evaluation system aligns to the dismissal process. It is also unclear whether an employee who is included in the definition of unsatisfactory performance or conduct because they were suspended or served with dismissal charges would be ranked in the bottom ranking forever. It is unclear from the bill language whether suspensions from 10 years ago would require an employee to be designated "unsatisfactory performance or conduct." The committee should consider whether this definition is appropriate for the bottom ranking of the evaluation system. AB 1495 Page 10 Peer Assistance and Review (PAR): This bill specifies that teachers who receive one of the two lowest ratings on their evaluation (those requiring more development and those who demonstrate unsatisfactory performance or conduct), if a school district has a PAR program in place, they must refer those teachers to the PAR program for improvement. The bill does not specify the process if a teacher continues to receive unsatisfactory evaluations after the PAR program is complete. It is unclear whether school districts should begin dismissal proceedings, or provide further instructional support for the teacher. Lengthening the Dismissal Process: This bill requires that all employees who receive an "unsatisfactory performance or conduct" rating on the evaluation system to be referred to PAR, if the district has a PAR program. Because the definition of "unsatisfactory performance or conduct" includes suspension or adverse action brought from dismissal charges, it appears that this bill would require employees who have been served with dismissal charges to be referred to PAR. This would lengthen the dismissal process quite substantially and it is unclear whether PAR is the appropriate type of intervention needed for an employee who has been suspended or has had dismissal charges brought against them. Parent and Student Surveys: This bill authorizes the use of surveys from parents and pupils in certificated employee evaluations, if approved in advance by the employee. The committee should consider whether it is appropriate to include surveys from parents and students in certificated employee evaluations. The committee should consider whether it is possible for a particularly "tough" teacher that assigns robust homework to receive negative survey comments, when they are a very effective teacher and how this would impact the overall evaluation of that teacher. Likewise, if an administrator recently suspended students, could their surveys from parents and students be skewed? AB 1495 Page 11 Professional Development: This bill requires districts, when assisting teachers determined to be in need of improvement, to consider the employees eligibility for professional development (PD) in the district's LCAP and prioritize the employees eligibility for PD funded in the Budget Act. This includes PD in the state academic content standards adopted by the SBE, and training on services to English learners to access the common core academic content standards and the English language development (ELD) standards. The committee should consider whether prioritizing specific types of PD that is funded in the Budget act is the most efficient way to improve educational practice for all struggling teachers. For example, if a teacher needs assistance with classroom management, would training related to the academic content standards and ELD standards be the highest priority for this teacher? Charter Schools: This bill requires all traditional public schools in the state to adopt the changes to the teacher evaluation system, but the committee should note that the Stull Act and the changes made in this bill do not apply to charter schools. The committee should consider whether charter schools teachers should be left out of this opportunity for evaluations and support. Arguments in Support: EdVoice supports the bill and states, "AB 1495 requires at least three rating levels and de-links the simply "needs more development" rating level from the "unsatisfactory" level that could lead to adverse action. And, in requiring two rating bands below "satisfactory," AB 1495 helps provide opportunity to more carefully identify struggling employees and offer appropriate remedial development and assistance, including professional development already identified in a district's LCAP, without fear of adverse action and possible dismissal. AB 1495 also establishes priority eligibility for support from professional development resources appropriated in the annual state Budget Act, thereby connecting local evaluation system outcomes with available resources in a AB 1495 Page 12 meaningful way to support employees who can benefit the most from professional growth to become truly effective educators and support the academic achievement of all of their students." Arguments in Opposition: California Teachers Association opposes the bill and states, "CTA believes a mutually designed comprehensive ongoing personnel evaluation system with procedural guarantees and due process in every school system should be supported. Evaluations should provide all teachers with regular feedback that helps them grow as professionals, no matter how long they have been in the classroom. Evaluations should give schools the information they need to build the strongest possible instructional teams, and help districts hold school leaders accountable for supporting each teacher's development. Most importantly, they should focus everyone in a school system, from teachers to the superintendent, on what matters most: keeping every student on track to graduate from high school ready for success in college or a career....AB 1495 (Weber) proposes changes to the Stull Act which do not address these complex issues." Related Legislation: AB 575 (O'Donnell & Atkins) from 2015, which is pending in the Assembly, would require the governing board of each school district and the governing body of each charter school to adopt and implement a best practices teacher and administrator evaluation system by July 1, 2018. AB 1078 (Olsen) from 2015, which is pending in the Assembly, would make changes to the certificated employee evaluation system, known as the Stull Act. SB 499 (Liu & DeLeon) from 2015, which is pending in the Senate, would require the governing board of each school district to adopt and implement a best practices teacher and administrator evaluation system by July 1, 2016. AB 1495 Page 13 AB 430 (Olsen) from 2013, which was held by the author in the Assembly Education Committee, would have established the Teacher Professional Growth Plan, as specified. AB 5 (Fuentes) from 2009, which was held by the author on the Senate Floor, would have required the governing board of each school district to adopt and implement a best practices teacher evaluation system, as specified. REGISTERED SUPPORT / OPPOSITION: Support CalChamber Children Now Educators 4 Excellence EdVoice Students Matter StudentsFirst AB 1495 Page 14 Teach Plus Opposition California Teachers Association Analysis Prepared by:Chelsea Kelley / ED. / (916) 319-2087