BILL ANALYSIS Ó
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 2826
(Weber) - As Amended April 20, 2016
SUBJECT: Teachers: evaluation and assessment
SUMMARY: Specifies measures of pupil progress, instructional
techniques and strategies, and adherence to curricular
objectives that school districts may use for purposes of teacher
evaluation. Specifically, this bill:
1)Provides that, for purposes of teacher evaluation, the
following phrases may include, but not necessarily be limited
to, the following:
a) "Progress of pupils" may include the following multiple
measures:
i) State-adopted formative and summative criterion
referenced assessments;
ii) School district, school, or department-developed
assessments;
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iii) Curriculum-based and end-of-course assessments;
iv) Pretest and posttest data;
v) Interim, periodic, benchmark, and formative
assessments;
vi) English language proficiency assessments;
vii) Assessments measuring progress in an individualized
education program;
viii) Advanced placement, International Baccalaureate, and
college preparedness examinations;
ix) A-G coursework completion;
x) Industry-recognized career technical education
assessments and program completion;
xi) Portfolios of pupils' work, projects, and
performances redacted of personally identifiable pupil
information;
xii) Surveys from parents, if approved in advance by the
certificated employee;
xiii) Surveys from pupils, if approved in advance by the
certificated employee;
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xiv) Written reports from classroom observations; and
xv) Progress on outcomes described in the local control
and accountability plan LCAP).
b) "Instructional techniques and strategies" may include
the following:
i) Engaging and supporting all pupils in learning;
ii) Planning instruction and designing learning
experiences for all pupils; and
iii) Using pupil assessment information to inform
instruction and improve learning.
c) "Adherence to curricular objectives" may include:
i) Understanding and organizing subject matter for
pupil learning; and
ii) Developing as a professional educator.
2)States that the Legislature encourages school districts to
utilize these options for purposes of teacher evaluation.
3)States that these provisions shall not be construed as to
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require the state board to revise the guidelines developed
pursuant to existing law.
EXISTING LAW:
1)Requires the governing board of each school district to
establish standards of expected pupil achievement at each
grade level in each area of study.
2)Requires the governing board of each school district to
evaluate and assess certificated employee performance as it
reasonably relates to:
a) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state
adopted academic content standards as measured by state
adopted criterion referenced assessments;
b) The instructional techniques and strategies used by the
employee;
c) The employee's adherence to curricular objectives; and
d) The establishment and maintenance of a suitable learning
environment, within the scope of the employee's
responsibilities.
3)Specifies that these provisions shall not be construed as in
any way limiting the authority of school district governing
boards to develop and adopt additional evaluation and
assessment guidelines or criteria.
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4)Requires teacher evaluation to be performed on a periodic
basis, as follows:
a) At least once each school year for probationary
personnel;
b) At least every other year for personnel with permanent
status; and
c) 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, 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.
FISCAL EFFECT: This bill is keyed nonfiscal
COMMENTS: Existing law, known as the Stull Act, requires school
districts to evaluate teacher performance on a periodic basis as
it relates to the following:
The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state
adopted academic content standards as measured by state
adopted criterion referenced assessments;
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The instructional techniques and strategies used by the
employee;
The employee's adherence to curricular objectives; and
The establishment and maintenance of a suitable learning
environment, within the scope of the employee's
responsibilities.
The terms, "progress of pupils," "instructional techniques and
strategies," and "the establishment and maintenance of a
suitable learning environment" are not defined in statute, but
the Stull Act gives governing boards broad authority to "develop
and adopt additional evaluation and assessment guidelines or
criteria."
This bill specifies criteria that may be used by a governing
board within its existing authority to define and measure these
three terms. It is the intent of the author that the bill
neither add to nor subtract from the existing scope of
bargaining or authority of governing boards. To make certain of
this, staff recommends the bill be amended to include the
following language:
Nothing in this section shall be construed as in any
way limiting the authority of school district
governing boards to develop and adopt additional
evaluation and assessment guidelines or criteria nor
shall it be construed to limit the rights of
certificated employees or their exclusive
representative to bargain procedures to be used for
the evaluation of employees or other terms and
conditions of employment pursuant to Chapter 10.7
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(commencing with Section 3540) of Division 4 of Title
1 of the Government Code.
Reason for the bill. According to the author's office, although
the Stull Act has required the consideration of pupil progress
in the evaluation and assessment of certificated staff job
performance for over four decades, school district leadership
continues to struggle with what measures of pupil progress are
appropriate especially with the lack of state tests in specific
grade levels or content areas. This bill includes an expansive
set of evidence for student achievement that recognizes the
differences in outcome measures for various disciplines and
pedagogy beyond statewide assessments, including, but not
limited to, student portfolios, surveys, classroom observation,
department assessments, AP examinations, and English-language
proficiency assessments. The bill also encourages the use of
all the elements of the interrelated domains of teaching
practice from the California Standards of the Teaching
Profession (CSTPs), which represent consensus on the
developmental, holistic view of effective teaching.
REGISTERED SUPPORT / OPPOSITION:
Support
Children Now
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EdVoice
Students Matter
Opposition
Association of Rowland Educators
Capistrano Unified Education Association
Carlsbad Unified Teachers Association
Fresno Teachers Association
Hacienda La Puente Teachers Association
Inglewood Teachers Association
Analysis Prepared by:Rick Pratt / ED. / (916) 319-2087
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