BILL ANALYSIS Ó
AB 2826
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CONCURRENCE IN SENATE AMENDMENTS
AB
2826 (Weber)
As Amended June 14, 2016
Majority vote
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|ASSEMBLY: |68-0 |(May 27, 2016) |SENATE: | 37-0 |(August 11, |
| | | | | |2016) |
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Original Committee Reference: ED.
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.
The Senate amendments specify that locally-adopted measures of
pupil progress would be in addition to local and state
criterion-referenced evidence required by existing law and that
locally-adopted formative and summative assessments measure the
progress of pupils toward local or state-adopted academic
content standards.
EXISTING LAW:
1)Requires the governing board of each school district to
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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.
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
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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 non-fiscal by the Legislative
Counsel.
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:
1)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;
2)The instructional techniques and strategies used by the
employee;
3)The employee's adherence to curricular objectives; and
4)The establishment and maintenance of a suitable learning
environment, within the scope of the employee's
responsibilities.
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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."
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, Advanced Placement (AP) examinations,
and English-language proficiency assessments.
Analysis Prepared by:
Rick Pratt / ED. / (916) 319-2087 FN: 0003655