BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2826


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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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