AB 2826,
as amended, Weber. Teachers:begin delete evaluation.end deletebegin insert evaluation and assessment.end insert
(1) Existing
end deletebegin insertExistingend insert 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.
end delete(2) Existing
end delete
begin insertExistingend insert 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, includingbegin delete pupil progress, as provided.end deletebegin insert the progress of pupils, as provided, instructional techniques and strategies, and adherence to curricular objectives.end insert Existing law authorizes the
governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria.
This bill wouldbegin delete 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.end deletebegin insert
specifically authorize and encourage the evaluation and assessment of certificated employee performance as it reasonably relates to the progress of pupils, instructional techniques and strategies, and adherence to curricular objectives to include certain things, as provided. The bill would also provide that its provisions shall not be construed as to require the state board to revise its guidelines.end insert
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.
end deleteBy imposing additional duties on school districts, this bill would impose a state-mandated local program.
end delete(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.
end deleteThis bill would instead require a certificated employee, if that employee receives a specified rating level 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.
end delete(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.
end deleteThis 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.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 44662.3 is added to the end insertbegin insertEducation Codeend insertbegin insert,
2to read:end insert
(a) For purposes of this article, the following phrases
4may include, but shall not be limited to, the following:
5
(1) “Progress of pupils” may include the following multiple
6measures:
7
(A) State-adopted formative and summative criterion referenced
8assessments.
9
(B) School district, school, or department-developed
10assessments.
11
(C) Curriculum-based and end-of-course assessments.
12
(D) Pretest and posttest data.
13
(E) Interim,
periodic, benchmark, and formative assessments.
14
(F) English language proficiency assessments.
15
(G) Assessments measuring progress in an individualized
16education program.
17
(H) Advanced placement, International Baccalaureate, and
18college preparedness examinations.
19
(I) A-G coursework completion.
20
(J) Industry-recognized career technical education assessments
21and program completion.
22
(K) Portfolios of pupils’ work, projects, and performances
23redacted of personally identifiable pupil information.
24
(L) Surveys from parents, if approved in advance by the
25certificated
employee.
26
(M) Surveys from pupils, if approved in advance by the
27certificated employee.
28
(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.
4
(2) “Instructional techniques and strategies” may include the
5following:
6
(A) Engaging and supporting all pupils in learning.
7
(B) Planning instruction and designing learning experiences
8for all pupils.
9
(C) Using pupil assessment information to inform instruction
10and improve
learning.
11
(3) “Adherence to curricular objectives” may include:
12
(A) Understanding and organizing subject matter for pupil
13learning.
14
(B) Developing as a professional educator.
15
(b) The Legislature encourages school districts to utilize the
16options specified in paragraphs (1) to (3), inclusive, of subdivision
17(a) in carrying out the requirements of subdivision (b) of Section
1844662.
19
(c) This section shall not be construed as to require the state
20board to revise the guidelines developed pursuant to Section 33039.
Section 33039 of the Education Code is amended
22to read:
The state board shall develop guidelines that school
24districts may use in the development of teacher evaluation
25procedures pursuant to Article 11 (commencing with Section
2644660) of Chapter 1 of Part 25 of Division 3, and shall distribute
27the guidelines to every school district. The development of these
28guidelines shall comply with the Administrative Procedure Act
29(Chapter 3.5 (commencing with Section 11340) of Part 1 of
30Division 3 of Title 2 of the Government Code).
Article 14 (commencing with Section 44673) is added
32to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education
33Code, to read:
34
If applicable, multiple measures of pupil progress, pupil
38academic growth, pupil achievement, and pupil outcomes as used
39in this chapter for purposes of evaluating and assessing certificated
P5 1employee performance may include, but shall not necessarily be
2limited to, any of the following sources:
3(a) State-adopted formative and summative criterion referenced
4assessments.
5(b) School district, school, or department-developed
6assessments.
7(c) Curriculum-based and end-of-course assessments.
8(d) Pretest and posttest data.
9(e) Interim, periodic, benchmark, and formative assessments.
10(f) English language proficiency assessments.
11(g) Assessments measuring progress in an individualized
12education program.
13(h) Advance placement, international baccalaureate, and college
14preparedness examinations.
15(i) A-G coursework completion.
16(j) Industry-recognized career technical education assessments
17and program completion.
18(k) Portfolios of pupils’ work, projects, and performances
19redacted of
personally identifiable pupil information.
20(l) Surveys from parents, if approved in advance by the
21certificated employee.
22(m) Surveys from pupils, if approved in advance by the
23certificated employee.
24(n) Written reports from classroom observations.
25(o) Progress on outcomes described in the local control and
26accountability plan pursuant to paragraphs (4) and (8) of
27subdivision (d) of Section 52060.
(a) The employing authority shall use a minimum of
29three rating levels of professional achievement for evaluation and
30assessment of certificated employees pursuant to this chapter.
31(b) At least two rating levels shall identify certificated
32employees who meet either of the following:
33(1) Meeting or exceeding standards.
34(2) (A) Needing additional support, training, or assistance.
35(B) This rating level shall not be used as the basis for
36“unsatisfactory performance” for purposes of subdivision (b) of
37Section 44664 or for purposes of Section 44932.
(a) If a school district participates in the California
39Peer Assistance and Review Program for Teachers established
40pursuant to Article 4.5 (commencing with Section 44500), a
P6 1certificated employee who receives the rating described by
2paragraph (2) of subdivision (b) of Section 44673.5 on an
3evaluation performed pursuant to Section 44664 shall participate
4in the California
Peer Assistance and Review Program for
5Teachers.
6(b) Notwithstanding any other law, in endeavoring to assist the
7employee as mandated by Article 11 (commencing with Section
844660) and Article 13 (commencing with Section 44670), the
9school district shall, at a minimum, consider the employee’s
10eligibility for professional development identified in the school
11district and the school’s applicable local control and accountability
12plan, and prioritize the employee’s eligibility for any professional
13development supported by one-time or ongoing funds appropriated
14by the Legislature in the annual Budget Act, including professional
15development in the state academic content standards adopted by
16the state board, and training on services to English learners to
17access the common core academic content standards adopted
18pursuant to Section 60605.8 and the
English language development
19standards adopted pursuant to former Section 60811.3, as that
20section read on June 30, 2013, or Section 60811.4.
If the Commission on State Mandates determines that
22this act contains costs mandated by the state, reimbursement to
23local agencies and school districts for those costs shall be made
24pursuant to Part 7 (commencing with Section 17500) of Division
254 of Title 2 of the Government Code.
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