AB 2826, as introduced, Weber. Teachers: evaluation.
(1) Existing law requires the State Board of Education to develop guidelines that school districts may use in the development of certain teacher evaluation procedures and to distribute those guidelines to every school district.
This bill would require the development of those guidelines to comply with the Administrative Procedure Act.
(2) 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 provide, if applicable, that 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.
The bill would require an employing authority to use 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.
(3) Existing law requires an evaluation to include recommendations, if necessary, as to areas of improvement in the performance of the employee. Existing law authorizes these evaluations to include a requirement that the employee participate in a specified program if a permanent certificated employee receives an unsatisfactory evaluation.
This bill would instead require a certificated employee, if that employee receives one of the specified rating levels of professional achievement for evaluation and assessment, to participate in the California Peer Assistance and Review Program for Teachers if the school district participates in that program. The bill would require, in order to endeavor to assist the employee in areas of improvement, the school district to, at minimum, consider the employee’s eligibility for professional development identified in the school district and the school’s applicable local control and accountability plan, and 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.
(4) 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:
Section 33039 of the Education Code is amended
2to read:
Thebegin delete State Board of Educationend deletebegin insert state boardend insert shall develop
4guidelinesbegin delete whichend deletebegin insert thatend insert school districts may use in the development
P3 1of teacher evaluation procedures pursuant to Article 11
2(commencing with Section 44660) of Chapter 1 of Part 25 of
3Divisionbegin delete 3 of this title,end deletebegin insert 3,end insert
and shall distributebegin delete suchend deletebegin insert theend insert guidelines
4to every school district.begin insert The development of these guidelines shall
5comply with the Administrative Procedure Act (Chapter 3.5
6(commencing with Section 11340) of Part 1 of Division 3 of Title
72 of the Government Code).end insert
Article 14 (commencing with Section 44673) is added
9to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education
10Code, to read:
11
If applicable, multiple measures of pupil progress, pupil
15academic growth, pupil achievement, and pupil outcomes as used
16in this chapter for purposes of evaluating and assessing certificated
17employee performance may include, but shall not necessarily be
18limited to, any of the following sources:
19(a) State-adopted formative and summative criterion referenced
20assessments.
21(b) School district, school, or department-developed
22assessments.
23(c) Curriculum-based and end-of-course assessments.
24(d) Pretest and posttest data.
25(e) Interim, periodic, benchmark, and formative assessments.
26(f) English language proficiency assessments.
27(g) Assessments measuring progress in an individualized
28education program.
29(h) Advance placement, international baccalaureate, and college
30preparedness examinations.
31(i) A-G coursework completion.
32(j) Industry-recognized career technical education assessments
33and program completion.
34(k) Portfolios of pupils’ work, projects, and performances
35redacted of personally identifiable pupil information.
36(l) Surveys from parents, if approved in advance
by the
37certificated employee.
38(m) Surveys from pupils, if approved in advance by the
39certificated employee.
40(n) Written reports from classroom observations.
P4 1(o) Progress on outcomes described in the local control and
2accountability plan pursuant to paragraphs (4) and (8) of
3subdivision (d) of Section 52060.
(a) The employing authority shall use a minimum of
5three rating levels of professional achievement for evaluation and
6assessment of certificated employees pursuant to this chapter.
7(b) At least two rating levels shall identify certificated
8employees who meet either of the following:
9(1) Require more development and growth to achieve a rating
10of satisfactory or meeting standards, and who are required to
11participate and receive appropriate additional support, training,
12and assistance.
13(2) Unsatisfactory performance.
(a) If a school district participates in the California
15Peer Assistance and Review Program for Teachers established
16pursuant to Article 4.5 (commencing with Section 44500), a
17certificated employee who receives a rating in either of the levels
18described by subdivision (b) of Section 44673.5 on an evaluation
19performed pursuant to Section 44664 shall participate in the
20California Peer Assistance and Review Program for Teachers.
21(b) Notwithstanding any other law, in endeavoring to assist the
22employee as mandated by Article 11 (commencing with Section
2344660) and Article 13 (commencing with Section 44670), the
24school district shall, at a minimum, consider the employee’s
25eligibility for professional development identified in the school
26district and
the school’s applicable local control and accountability
27plan, and prioritize the employee’s eligibility for any professional
28development supported by one-time or ongoing funds appropriated
29by the Legislature in the annual Budget Act, including professional
30development in the state academic content standards adopted by
31the state board, and training on services to English learners to
32access the common core academic content standards adopted
33pursuant to Section 60605.8 and the English language development
34standards adopted pursuant to former Section 60811.3, as that
35section read on June 30, 2013, or Section 60811.4.
If the Commission on State Mandates determines that
37this act contains costs mandated by the state, reimbursement to
38local agencies and school districts for those costs shall be made
P5 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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