BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 2826|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                      CONSENT 


          Bill No:  AB 2826
          Author:   Weber (D), et al.
          Amended:  6/14/16 in Senate
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 6/29/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           ASSEMBLY FLOOR:  68-0, 5/27/16 - See last page for vote

           SUBJECT:   Teachers:  evaluation and assessment


          SOURCE:    Author


          DIGEST:  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.

          ANALYSIS:  

          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:  








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             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 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)

          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;


                 ix)      A-G coursework completion;








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                 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.


             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.


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









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          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.  This  
          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, this 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.

          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 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  








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          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."


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/5/16)


          California State PTA
          Children Now
          EdVoice
          Students Matter


          OPPOSITION:   (Verified7/5/16)


          None received

          ASSEMBLY FLOOR:  68-0, 5/27/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Burke, Calderon, Campos,  








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            Chang, Chau, Chávez, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Eggman, Frazier, Beth Gaines, Gallagher, Eduardo Garcia,  
            Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Mullin, Nazarian, Obernolte, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Salas, Santiago, Steinorth, Mark Stone, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Brough, Brown, Chiu, Dodd, Cristina Garcia,  
            Grove, Hadley, Medina, Melendez, O'Donnell, Rodriguez,  
            Thurmond


          Prepared by:Lenin DelCastillo / ED. / (916) 651-4105
          7/29/16 10:50:11


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