AB 2826, as amended, 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 receivesbegin delete one of theend deletebegin insert aend insert specified ratingbegin delete levelsend deletebegin insert levelend insert 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:
The state board shall develop guidelines that school
2districts may use in the development of teacher evaluation
3procedures pursuant to Article 11 (commencing with Section
444660) of Chapter 1 of Part 25 of Division 3, and shall distribute
5the guidelines to every school district. The development of these
6guidelines shall comply with the Administrative Procedure Act
7(Chapter 3.5 (commencing with Section 11340) of Part 1 of
8Division 3 of Title 2 of the Government Code).
Article 14 (commencing with Section 44673) is added
10to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education
11Code, to read:
12
If applicable, multiple measures of pupil progress, pupil
16academic growth, pupil achievement, and pupil outcomes as used
17in this chapter for purposes of evaluating and assessing certificated
18employee performance may include, but shall not necessarily be
19limited to, any of the following sources:
20(a) State-adopted formative and summative criterion referenced
21assessments.
22(b) School district, school, or department-developed
23assessments.
24(c) Curriculum-based and end-of-course assessments.
25(d) Pretest and posttest data.
26(e) Interim, periodic, benchmark, and formative assessments.
27(f) English language proficiency assessments.
28(g) Assessments measuring progress in an individualized
29education program.
30(h) Advance placement, international baccalaureate, and college
31preparedness examinations.
32(i) A-G coursework completion.
33(j) Industry-recognized career technical education assessments
34and program completion.
35(k) Portfolios of pupils’ work, projects, and performances
36redacted of
personally identifiable pupil information.
37(l) Surveys from parents, if approved in advance by the
38certificated employee.
39(m) Surveys from pupils, if approved in advance by the
40certificated employee.
P4 1(n) Written reports from classroom observations.
2(o) Progress on outcomes described in the local control and
3accountability plan pursuant to paragraphs (4) and (8) of
4subdivision (d) of Section 52060.
(a) The employing authority shall use a minimum of
6three rating levels of professional achievement for evaluation and
7assessment of certificated employees pursuant to this chapter.
8(b) At least two rating levels shall identify certificated
9employees who meet either of the following:
10(1) Require more development and growth to achieve a rating
11of satisfactory or meeting standards, and who are required to
12participate and receive appropriate additional support, training,
13and assistance.
14(2) Unsatisfactory performance.
end delete
15
(1) Meeting or exceeding standards.
16
(2) (A) Needing additional support, training, or assistance.
17
(B) This rating level shall not be used as the basis for
18“unsatisfactory performance” for purposes of subdivision (b) of
19Section 44664 or for purposes of Section 44932.
(a) If a school district participates in the California
21Peer Assistance and Review Program for Teachers established
22pursuant to Article 4.5 (commencing with Section 44500), a
23certificated employee who receivesbegin delete aend deletebegin insert theend insert ratingbegin delete in either of the described bybegin insert paragraph (2) ofend insert subdivision (b) of Section
24levelsend delete
2544673.5 on an evaluation performed pursuant to Section 44664
26shall participate in the California
Peer Assistance and Review
27Program for Teachers.
28(b) Notwithstanding any other law, in endeavoring to assist the
29employee as mandated by Article 11 (commencing with Section
3044660) and Article 13 (commencing with Section 44670), the
31school district shall, at a minimum, consider the employee’s
32eligibility for professional development identified in the school
33district and the school’s applicable local control and accountability
34plan, and prioritize the employee’s eligibility for any professional
35development supported by one-time or ongoing funds appropriated
36by the Legislature in the annual Budget Act, including professional
37development in the state academic content standards adopted by
38the state board, and training on services to English learners to
39access the common core academic content standards adopted
40pursuant to Section 60605.8 and the
English language development
P5 1standards adopted pursuant to former Section 60811.3, as that
2section read on June 30, 2013, or Section 60811.4.
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
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