BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON EDUCATION
                              Senator Carol Liu, Chair
                                2015 - 2016  Regular 

          Bill No:             AB 2826            
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          |Author:    |Weber                                                |
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          |Version:   |June 14, 2016                            Hearing     |
          |           |Date:    June 29, 2016                               |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|Lenin Del Castillo                                   |
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          Subject:  Teachers:  evaluation and assessment


            SUMMARY
          
          This bill specifies additional measures of pupil progress,  
          instructional techniques and strategies, and adherence to  
          curricular objectives that school districts may use for purposes  
          of teacher evaluation.

           BACKGROUND
          
          Existing law:

             1)   Establishes the Stull Act which expresses legislative  
               intent that school districts and county governing boards  
               establish a uniform system of evaluation and assessment of  
               certificated personnel.  

             2)   Requires school districts, with the exception of  
               certificated personnel who are employed on an hourly basis  
               to teach adult education classes, to evaluate and assess  
               teacher performance as it reasonably relates to:  

                  a)        Progress of pupils toward district-adopted  
                    and, if applicable, state-adopted academic content  
                    standards as measured by state-adopted criterion  
                    referenced tests; 

                  b)        Instructional techniques and strategies used  







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                    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.  
                    (Education Code § 44660, et seq.)  

             3)   Requires an evaluation and assessment of the performance  
               of each certificated employee to be made at least once each  
               school year for probationary personnel, at least every  
               other year for personnel with permanent status, and at  
               least every five years for permanent employees who have  
               been employed with the district at least 10 years and were  
               rated as meeting or exceeding standards in their previous  
               evaluation.  Teachers who receive an unsatisfactory rating  
               may be required to participate in a program designed to  
               improve the employee's performance and to further pupil  
               achievement and the instructional objectives of the  
               district.  

             4)   Provides that if the district participates in the Peer  
               Assistance and Review (PAR) program, then the teachers who  
               receive an unsatisfactory rating are required to  
               participate in that program.  (Education Code § 44664) 

             5)   Establishes the PAR program for teachers by authorizing  
               school districts and the exclusive representative of the  
               certificated employees to develop and implement the program  
               locally.  The PAR programs are to include multiple  
               observations of a teacher during periods of classroom  
               instruction and sufficient staff development activities to  
               assist a teacher in improving his or her skills and  
               knowledge.  The final evaluation of a teacher's  
               participation in the program is made available for  
               placement in his or her personnel file.  (Education Code §  
               44505)

            ANALYSIS
          
          This bill:









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             1)   Provides that, for purposes of teacher evaluation, the  
               following phrases may include, but not be limited to, the  
               following:


                  a)        "Progress of pupils," in addition to local and  
                    state criterion-referenced evidence, as specified, may  
                    include the following multiple measures:


                       i)             Formative or summative  
                         criterion-referenced assessments measuring  
                         progress of pupils towards local or state-adopted  
                         academic content standards;


                       ii)            School district, school, or  
                         department-developed assessments;


                       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;










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                       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;


                       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.










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                  c)        "Adherence to curricular objectives" may  
                    include:


                       i)             Understanding and organizing subject  
                         matter for pupil learning; and


                       ii)            Developing as a professional  
                         educator.


             2)   Provides that the Legislature encourages school  
               districts to utilize these options for purposes of teacher  
               evaluation.


             3)   Provides that these provisions shall not be construed as  
               to require the State Board of Education to revise the  
               guidelines developed pursuant to existing law.


             4)   Provides 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 or 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.


          STAFF COMMENTS
          
          1)   Need for the bill.  According to the author, "although  
               California law has required the consideration of actual  
               pupil progress in the evaluation and assessment of  
               certificated staff job performance for over four decades,  
               school district personnel continue to struggle with what  
               measures of pupil progress are appropriate especially with  
               the lack of state tests in specific grade levels or content  
               areas.  As a result of this confusion, a majority of  
               California's largest school districts do not comply with  
               the law and fail to include any actual data from state or  








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               local measures or observations of actual pupil progress in  
               the performance evaluations of certificated staff." 

          2)   Improvements to the Stull Act.  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 school districts broad authority to "develop and  
               adopt additional evaluation and assessment guidelines or  
               criteria."  This bill is intended to provide clarity to the  
               Stull Act by specifying criteria that may be used by a  
               governing board within its existing authority to define and  
               measure these terms.  The bill also 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, Advanced Placement  
               examinations, and English-language proficiency assessments.  
                Further, the bill encourages the use of all the elements  
               of the interrelated domains of teaching practice from the  
               California Standards of the Teaching Profession, which  
               represent consensus on the developmental, holistic view of  
               effective teaching.

          3)   Current research.  Several studies document the correlation  
               between teacher quality and student achievement.  According  
               to information provided by the author, research indicates  
               differential teacher effectiveness is a strong determinant  
               of differences in student learning, far outweighing the  
               effects of differences in class size and heterogeneity.   
               Studies have shown that students who are assigned to  
               several ineffective teachers in a row have significantly  
               lower achievement and gains in achievement than those who  
               are assigned to several highly effective teachers.  

          The Center for the Future of Teaching and Learning has  
               recommended making teacher evaluation multi-dimensional,  
               strengthening the training of those who conduct  
               evaluations, and tying evaluation results directly to  
               substantive feedback to teachers.  The National  
               Comprehensive Center for Teacher Quality suggests a strong  
               evaluation system must "involve teachers and stakeholders  
               in developing the system; use multiple indicators; and give  








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               teachers opportunities to improve in the areas in which  
               they score poorly."  Likewise, the New Teacher Project  
               states "evaluations should provide all teachers with  
               regular feedback that helps them grow as professionals, no  
               matter how long they have been in the classroom.  The  
               primary purpose of evaluations should not be punitive.   
               Good evaluations identify excellent teachers and help  
               teachers of all skill levels understand how they can  
               improve."  

               According to a 2010 report released by the National Board  
               Resource Center at Stanford University, "While evaluation  
               processes across the state vary widely, many of them look  
               very much the same as they did in 1971?"  Comments from  
               Accomplished California Teachers indicate that current  
               approaches to teacher evaluation results in a system that  
               teachers do not trust, that rarely offers clear direction  
               for improving practice, and often charges school leaders to  
               implement without preparation or resources.  A January 2011  
               report by the Center for the Future of Teaching and  
               Learning notes that evaluations pay "scarce attention to  
               student learning or do not connect that learning to  
               elements of teacher content knowledge or instructional  
               skills that could be improved."

          4)   Related and prior legislation.
          
               SB 499 (Liu, 2015) repeals and replaces various provisions  
               of existing law governing the evaluation of certificated  
               employees and requires school districts to implement a best  
               practices teacher evaluation system, as specified.  This  
               bill also repeals and replaces provisions of existing law  
               regarding school administrator evaluations.  The bill is  
               pending before the Assembly Education Committee.


               AB 1495 (Weber) proposed to add various requirements to the  
               certificated employee evaluation system known as the Stull  
               Act.  This bill failed passage in the Assembly Education  
               Committee.


               AB 1078 (Olsen) would also make changes to the certificated  
               employee evaluation system.  This measure failed passage in  








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               the Assembly Education Committee.  


               SB 441 (Calderon, 2013) proposed to amend various  
               provisions of existing law governing the evaluation of  
               certificated employees by requiring the evaluations to use  
               multiple measures, including a minimum of four rating  
               levels, increasing the frequency of evaluations for  
               teachers with 10 or more years of experience in a school  
               district from every five years to every three years, and  
               requiring school districts to consider the findings of  
               sessions, surveys, and specific focus groups by subject  
               matter and grade level from parents of pupils.  SB 441  
               failed passage in this Committee on May 1, 2013.


               SB 453 (Huff) would have authorized the governing board of  
               a school district to evaluate and assess the performance of  
               certificated employees using a multiple-measures evaluation  
               system, authorized school districts to make specified  
               employment decisions based on teacher performance, and  
               expanded the reasons districts may deviate from the order  
               of seniority in terminating and reappointing teachers.   
               This bill failed passage in this Committee on April 24,  
               2013.    

               SB 1292 (Liu, Chapter 435, Statutes of 2012) authorized the  
               evaluation of school principals based on the California  
               Professional Standards for Educational Leaders as well as  
               evidence of pupil academic growth, effective and  
               comprehensive teacher evaluations, culturally responsive  
               instructional strategies, the ability to analyze quality  
               instructional strategies and provide effective feedback,  
               and effective school management.    

               AB 5 (Fuentes, 2012), similar to this bill, would have  
               repealed and replaced various provisions of existing law  
               governing the evaluation of certificated employees and  
               required school districts to implement a best practices  
               teacher evaluation system.  


            SUPPORT
          








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          California State PTA
          Children Now
          EdVoice
          Students Matter

            OPPOSITION
           
           None received.

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