Amended in Senate April 9, 2015

Senate Bill No. 499

Introduced by Senators Liu and De León

February 26, 2015

An act to begin insert amend Section 33050 of, to end insert amend and repeal Section 44661.5 of, to amend, repeal, and add Sections 44660, 44661, 44662, and 44664 of, to add Sections begin insert 35161.5, end insert 44662.1, 44662.5, 44662.6, and 44662.8 to, and to add and repeal Section 44662.7 of, begin insert and to repeal and add Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of, end insert the Education Code, relating to teachers, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

SB 499, as amended, Liu. Teachers: best practices teacher evaluation begin delete system. end delete begin insert system: school administrator evaluation. end insert

(1) Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of each school district to establish standards of expected pupil achievement at each grade level in each area of study and to evaluate and assess certificated employee performance on a continuing basis as it reasonably relates to the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, 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.

This bill would provide that the provisions described above would become inoperative on July 1, 2016. The bill would state findings and declarations of the Legislature regarding the nature of effective teachers and of the teaching profession. Commencing on July 1, 2016, the bill would require the governing board of each school district to adopt and implement a locally negotiated best practices teacher evaluation system, described as one in which each teacher is evaluated on a continuing basis on the degree to which he or she accomplishes specific objectives and multiple observations of instructional and other professional practices that are conducted by trained evaluators. The bill would authorize the begin delete state board, end delete begin insert State Board of Education, end insert in consultation with the Superintendent of Public Instruction and appropriate education stakeholder groups, to adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts, as specified. The bill would also require the governing board of each school district to establish and define job responsibilities for certificated, noninstructional employees whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system and to evaluate and assess their performance in relation to the fulfillment of those responsibilities. The bill would, on or before May 1, 2016, begin insert or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, end insert require the governing board of each school district, at a regularly scheduled public hearing, to seek comment on the development and implementation of the best practices teacher evaluation system, and, on or before May 1 of each year begin delete prior to end delete begin insert before end insert local negotiations required by law, to seek comment on the best practices teacher evaluation system. begin insert The bill would require if, by mutual agreement between the school district and the collective bargaining unit, an intermediate mid-year agreement is reached regarding a best practices teacher evaluation system, the negotiation timeline to allow time for the governing board of the school district to hold a public hearing to seek comment on the best practices teacher evaluation system. end insert The bill also would require the governing board of each school district to disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing. The bill would provide that these provisions do not apply to certificated personnel who are employed on an hourly basis in adult education classes. The bill would also provide that the provisions of the best practices teacher evaluation system do not supersede or invalidate a teacher evaluation system that is locally negotiated and that is in effect at the time the best practices teacher evaluation system becomes operative. By imposing additional duties on school districts, this bill would impose a state-mandated local program. The bill would appropriate, for the 2016-17 fiscal year, an unspecified amount of money from the General Fund to the State Department of Education for allocation to school districts for the purpose of implementing the best practices teachers evaluation system, as specified, thereby making an appropriation.

(2) Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided, including at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as specified, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree.

This bill, commencing July 1, 2016, would require the evaluation and assessment of the above personnel at least every 3 years, except as locally negotiated and provided in the best practices teacher evaluation system. By requiring additional duties on school districts, this bill would impose a state-mandated local program.

begin insert

(3) Existing law authorizes a school district to evaluate a school principal annually for the principal’s first and 2nd year of employment as a new principal and authorizes additional evaluations, as specified.

end insert begin insert

This bill would repeal those provisions and would instead require the governing board of each school district to establish a system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. The bill would require the evaluation system to include certain attributes, including, but not limited to, promoting the success of all pupils, advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, and ensuring the management, organization, and operation of a safe and successful learning environment as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate. The bill would require the governing board of a school district to identify who will conduct the evaluation of each school administrator. By imposing additional duties on school district officials, the bill would impose a state-mandated local program.

end insert begin insert

(4) Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the state board to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions.

end insert begin insert

This bill would add the above-mentioned provisions relating to teacher and school administrator evaluation to the list of provisions that may not be waived.

end insert begin delete

(3)

end delete

begin insert (5) end insert  This bill would update cross-references and would make other nonsubstantive changes.

begin delete

(4)

end delete

begin insert (6) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

begin delete

(5)

end delete

begin insert (7) end insert  Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.

Vote: majority. Appropriation: yes. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 33050 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

33050.  

(a) The governing board of a school district or a county
board of education, on a districtwide or countywide basis or on
behalf of one or more of its schools or programs, after a public
hearing on the matter, may request the begin delete State Board of Education end delete
begin insert state board end insert to waive all or part of any section of this code or any
regulation adopted by the begin delete State Board of Education end delete begin insert state board end insert
that implements a provision of this code that may be waived,
except:

(1) Article 1 (commencing with Section 15700) and Article 2
(commencing with Section 15780) of Chapter 4 of Part begin delete 10. end delete begin insert 10 of
Division 1 of Title 1. end insert

(2) Chapter 6 (commencing with Section 16000) of Part begin delete 10. end delete begin insert 10
of Division 1 of Title 1. end insert

(3) Chapter 12 (commencing with Section 17000), Chapter 12.5
(commencing with Section 17070.10), and Chapter 14
(commencing with Section 17085) of Part begin delete 10. end delete begin insert 10 of Division 1 of
Title 1. end insert

(4) Part 13 (commencing with Section 22000), Part 13.5
(commencing with Section 25900), and Part 14 (commencing with
Section begin delete 26000). end delete begin insert 26000) of Division 1 of Title 1. end insert

(5) Section 35735.1.

(6) Paragraph (8) of subdivision (a) of Section 37220.

(7) The following provisions of Part 10.5 (commencing with
Section begin delete 17211): end delete begin insert 17210) of Division 1 of Title 1: end insert

(A) Chapter 1 (commencing with Section begin delete 17211). end delete begin insert 17210). end insert

(B) Article 1 (commencing with Section 17251) to Article 6
(commencing with Section 17365), inclusive, of Chapter 3.

(C) Sections 17416 to 17429, inclusive; Sections 17459 and
begin delete 17462 and end delete begin insert 17462; end insert subdivision (a) of Section 17464; and Sections
17582 to begin delete 17592, end delete begin insert 17591, end insert inclusive.

(8) The following provisions of Part 24 (commencing with
Section begin delete 41000): end delete begin insert 41000) of Division 3. end insert

(A) Sections 41000 to 41360, inclusive.

(B) Sections 41420 to 41423, inclusive.

(C) Sections 41600 to begin delete 41866, end delete begin insert 41863, end insert inclusive.

(D) Sections begin delete 41920 to 42911, end delete begin insert 41930 to 42850, end insert inclusive.

(9) Sections 44504 and 44505.

begin insert

(10) Article 11 (commencing with Section 44660) of Chapter 3
of Part 25 of Division 3.

end insert begin insert

(11) Article 13 (commencing with Section 44670) of Chapter 3
of Part 25 of Division 3.

end insert begin delete

(10)

end delete

begin insert (12) end insert  Article 3 (commencing with Section 44930) of Chapter 4
of Part 25 begin insert of Division 3 end insert and regulations in Title 5 of the California
Code of Regulations adopted pursuant to Article 3 (commencing
with Section 44930) of Chapter 4 of Part begin delete 25. end delete begin insert 25 of Division 3. end insert

begin delete

(11)

end delete

begin insert (13) end insert  Part 26 (commencing with Section begin delete 46000). end delete begin insert 46000) of
Division 4. end insert

begin delete

(12)

end delete

begin insert (14) end insert  Chapter 6 (commencing with Section 48900) and Chapter
6.5 (commencing with Section 49060) of Part begin delete 27. end delete begin insert 27 of Division
4. end insert

begin delete

(13)

end delete

begin insert (15) end insert  Section 51513.

begin delete

(14) Chapter 6.10 (commencing with Section 52120) of Part
28, relating to class size reduction.

(15)

end delete

begin insert (16) end insert  Section 52163.

begin delete

(16)

end delete

begin insert (17) end insert  The identification and assessment criteria relating to any
categorical aid program, including Sections 52164.1 and 52164.6.

begin delete

(17)

end delete

begin insert (18) end insert  Sections 52165, 52166, and 52178.

begin delete

(18)

end delete

begin insert (19) end insert  Article 3 (commencing with Section 52850) of Chapter 12
of Part begin delete 28. end delete begin insert 28 of Division 4. end insert

begin delete

(19)

end delete

begin insert (20) end insert  Section 56364.1, except that this restriction shall not
prohibit the begin delete State Board of Education end delete begin insert state board end insert from approving
any waiver of Section begin delete 56364 or 56364.2, as applicable, end delete begin insert 56364.2, end insert
relating to full inclusion.

begin delete

(20)

end delete

begin insert (21) end insert  Article 4 (commencing with Section 60640) of Chapter 5
of Part begin delete 33, end delete begin insert 33 of Division 4, end insert relating to the begin delete STAR Program, end delete
begin insert California Assessment of Student Performance and Progress
(CAASPP), end insert and any other provisions of Chapter 5 (commencing
with Section 60600) of Part 33 begin insert of Division 4 end insert that establish
requirements for the begin delete STAR Program. end delete begin insert CAASPP. end insert

(b) Any waiver of provisions related to the programs identified
in Section 52851 shall be granted only pursuant to Article 3
(commencing with Section 52850) of Chapter 12 of Part begin delete 28. end delete begin insert 28 of
Division 4. end insert

(c) The waiver of an advisory committee required by law shall
be granted only pursuant to Article 4 (commencing with Section
52870) of Chapter 12 of Part begin delete 28. end delete begin insert 28 of Division 4. end insert

(d)  begin delete Any end delete begin insert A end insert request for a waiver submitted by the governing board
of a school district or a county board of education pursuant to
subdivision (a) shall include a written statement as to both of the
following:

(1) Whether the exclusive representative of employees, if any,
as provided in Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, participated in the
development of the waiver.

(2) The exclusive representative’s position regarding the waiver.

(e)  begin delete Any end delete begin insert A end insert request for a waiver submitted pursuant to subdivision
(a) relating to a regional occupational center or program established
pursuant to Article 1 (commencing with Section 52300) of Chapter
9 of Part begin delete 28, that end delete begin insert 28 of Division 4, which end insert is operated by a joint
powers entity established pursuant to Chapter 5 (commencing with
Section 6500) of Division 7 of Title 1 of the Government Code,
shall be submitted as a joint waiver request for each participating
school district and shall meet both of the following conditions:

(1) Each joint waiver request shall comply with all of the
requirements of this article.

(2) The submission of a joint waiver request shall be approved
by a unanimous vote of the governing board of the joint powers
agency.

begin delete

(f) The governing board of any school district requesting a
waiver under this section of any provision of Article 5
(commencing with Section 39390) of Chapter 3 of Part 23 shall
provide written notice of any public hearing it conducted pursuant
to subdivision (a), at least 30 days prior to the hearing, to each
public agency identified under Section 39394.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 35161.5 is added to the end insert begin insert Education Code end insert begin insert , to
read: end insert

begin insert

begin insert 35161.5. end insert   

(a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade
level that it serves in each area of study.

(b) This section shall become operative on July 1, 2016.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

Section 44660 of the Education Code is amended to
read:

44660.  

(a) It is the intent of the Legislature that governing
boards establish a uniform system of evaluation and assessment
of the performance of all certificated personnel within each school
district of the state, including schools conducted or maintained by
county superintendents of education. The system shall involve the
development and adoption by each school district of objective
evaluation and assessment guidelines that may, at the discretion
of the governing board of the school district, be uniform throughout
the school district or, for compelling reasons, be individually
developed for territories or schools within the school district,
provided that all certificated personnel of the school district shall
be subject to a system of evaluation and assessment adopted
pursuant to this article.

(b) This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.

(c) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 44660 is added to the Education Code, to read:

44660.  

(a) The Legislature finds and declares all of the
following:

(1) Teaching is a professional endeavor, in which effective
practice is driven by an understanding of knowledge in the field
and a commitment to all pupils and their families.

(2) Excellent teaching requires knowledge, skills, artistry,
passion, and commitment.

(3) Effective teachers integrate ethical concern for children and
society, extensive subject matter competence, thoughtfully selected
pedagogical practices, and a depth of knowledge about their pupils,
including knowledge of child and adolescent development and
learning, an understanding of their individual strengths, interests,
and needs, and knowledge about their families and communities.

(4) Effective teachers share a common set of professional and
ethical obligations that includes a profound and fundamental
commitment to the growth and success of the individual pupils in
their care as well as to the strengthening and continual revitalization
of our democratic society.

(5) Certificated, noninstructional employees share the same
deep commitment to children, families, and communities, and they
provide essential support and administrative services to pupils and
teachers that enable pupils to succeed.

(b) The Legislature further finds and declares that because
teachers are the most important school-related factor for influencing
pupil academic success the primary purpose of an evaluation
system is to ensure that teachers meet the highest professional
standards of effective teaching, thereby resulting in high levels of
pupil learning.

begin insert

(c) The Legislature further finds and declares that the attributes
of the best practices teacher evaluation system established pursuant
to this article are based on the California Standards for the
Teaching Profession adopted by the Commission on Teacher
Credentialing in October of 2009, and the system of evaluation
for school administrators established pursuant to Article 13
(commencing with Section 44670) is based on the California
Professional Standards for Educational Leaders adopted by the
Commission on Teacher Credentialing in February of 2014.

end insert begin delete

(c)

end delete

begin insert (d) end insert  This article does not apply to certificated personnel who are
employed on an hourly basis in adult education classes.

begin delete

(d)

end delete

begin insert (e) end insert  This section shall become operative on July 1, 2016.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 44661 of the Education Code is amended to
read:

44661.  

(a) In the development and adoption of guidelines and
procedures pursuant to this article, the governing board of a school
district shall avail itself of the advice of the certificated
instructional personnel in the school district’s organization of
certificated personnel.

(b) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 44661 is added to the Education Code, to read:

44661.  

(a) The governing board of each school district shall
adopt and implement a best practices teacher evaluation system
as set forth in this article.

(b) The best practices teacher evaluation system required to be
adopted pursuant to this article shall be locally negotiated pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code. If the certificated employees of
the school district do not have an exclusive bargaining
representative, the governing board of the school district shall
adopt objective evaluation and support components, as applicable,
that are consistent with this article.

(c) This section shall become operative on July 1, 2016.

begin delete SEC. 5. end delete
begin insert SEC. 7. end insert   

Section 44661.5 of the Education Code is amended to
read:

44661.5.  

(a) When developing and adopting objective
evaluation and assessment guidelines pursuant to Section 44660,
a school district may, by mutual agreement between the exclusive
representative of the certificated employees of the school district
and the governing board of the school district, include any objective
standards from the National Board for Professional Teaching
Standards or any objective standards from the California Standards
for the Teaching Profession if the standards to be included are
consistent with this article. If the certificated employees of the
school district do not have an exclusive representative, the school
district may adopt objective evaluation and assessment guidelines
consistent with this section.

(b) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 6. end delete
begin insert SEC. 8. end insert   

Section 44662 of the Education Code is amended to
read:

44662.  

(a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade
level in each area of study.

(b) The governing board of each school district shall evaluate
and assess certificated employee performance as it reasonably
relates to:

(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.

(4) The establishment and maintenance of a suitable learning
environment, within the scope of the employee’s responsibilities.

(c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be
evaluated appropriately under the provisions of subdivision (b)
and shall evaluate and assess the performance of those
noninstructional certificated employees as it reasonably relates to
the fulfillment of those responsibilities.

(d) Results of an employee’s participation in the California Peer
Assistance and Review Program for Teachers established by Article
4.5 (commencing with Section 44500) shall be made available as
part of the evaluation conducted pursuant to this section.

(e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers’ norms established by standardized tests.

(f) Nothing in this section shall be construed as in any way
limiting the authority of the governing board of a school district
to develop and adopt additional evaluation and assessment
guidelines or criteria.

(g) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 7. end delete
begin insert SEC. 9. end insert   

Section 44662 is added to the Education Code, to read:

44662.  

(a) A best practices teacher evaluation system shall
include, but not be limited to, the following attributes:

(1) An evaluation of each teacher based on the degree to which
he or she accomplishes the following objectives:

(A) Engages and supports all pupils in learning, evidence of
which may include, but is not limited to, evidence of high
expectations and active pupil engagement for each pupil.

(B) Creates and maintains effective environments for pupil
learning, to the extent that those environments are within the
teacher’s control.

(C) Understands and organizes subject matter for pupil learning,
evidence of which may include, but is not limited to, extensive
subject matter, content standards, and curriculum competence.

(D) Plans instruction and designs learning experiences for all
pupils, evidence of which may include, but is not limited to, use
of differentiated instruction and practices based upon pupil progress
and use of culturally responsive instruction, including, but not
limited to, incorporation of multicultural information and content
into the delivery of curriculum, to eliminate the achievement gap.

(E) Uses pupil assessment information to inform instruction
and to improve learning, evidence of which shall include, but is
not limited to, use of formative and summative assessments to
adjust instructional practices to meet the needs of individual pupils.
For begin delete certified end delete begin insert certificated end insert employees who directly instruct English
learner pupils in acquiring English language fluency, the
assessment information shall include the results of assessments
adopted pursuant to Chapter 7 (commencing with Section 60810)
of Part 33 of Division 4.

(F) Develops, as a professional educator, evidence of which
may include, but is not limited to, consistent and positive
relationships with pupils, parents, staff, and administrators, use of
collaborative professional practices for improving instructional
strategies, participation in identified professional growth
opportunities, and use of meaningful self-assessment to improve
as a professional educator.

(G) Contributes to pupil academic growth based on multiple
measures, as follows:

(i) Multiple measures shall include state and local formative
and summative assessments in the grade levels and subjects that
these assessments are administered.

(ii) Multiple measures may include, but are not limited to,
classroom work, local and state academic assessments, and pupil
grades, classroom participation, presentations and performances,
and projects and portfolios.

(iii)  begin delete Measures used for assessing pupil academic growth shall
be valid and reliable for the curriculum and the pupil being taught
and for the purpose of teacher evaluation, provided that the
evaluation and assessment of certificated employee performance
pursuant to this section shall not include the use of publishers’
norms established by standardized tests. end delete For certificated employees
who directly instruct English learner pupils in acquiring English,
measures shall include the degree to which pupils acquire the
English language development standards adopted pursuant to
former Section 60811.3, as that section read on June 30, 2013, or
Section 60811.4, for the purpose of improving a pupil’s English
proficiency. Pupil data used for purposes of teacher evaluation
shall be confidential in the same manner as all other elements of
a teacher’s personnel file. It is the intent of the Legislature that
any assessments developed by a national consortium and adopted
by the state board and used for purposes of this section meet
statistical and psychometric standards appropriate for this use.

(2) Multiple observations of instructional and other professional
practices that are conducted by evaluators who have been
appropriately trained and calibrated to ensure consistency and who
have demonstrated competence in teacher evaluation, as determined
by the school district.

(A) Multiple observations may include, but are not limited to,
classroom observations, one-on-one discussions, and review of
classroom materials and course of study.

(B) Observations shall be conducted using a uniform evaluation
tool that is appropriate to the teacher’s assignment.

(C) Before each formal observation, the observer shall meet
with the teacher to discuss the purpose of the observation.

(D) After each formal observation, the observer shall meet with
the teacher to discuss recommendations, as necessary, with regard
to areas of improvement in the performance of the teacher.

begin insert

(E) Nothing in this subdivision shall prohibit evaluators from
conducting unscheduled classroom visits.

end insert

(3) A minimum of three performance levels for the evaluation
of teacher performance for purposes of Section 44664.

(b) This section shall not be interpreted to prohibit a locally
negotiated evaluation process from designating certificated
employees to conduct, or participate in, evaluations of other
certificated employees for purposes of determining the need for
professional development or providing corrective advice for the
certificated employee being evaluated. A nonsupervisory
certificated employee who conducts, or participates in, an
evaluation pursuant to this article shall not be deemed to be
exercising a management or supervisory function as defined by
subdivision (g) or (m) of Section 3540.1 of the Government Code.

begin insert

(c) This section shall not apply to certificated employees who
hold an administrative services credential, as defined in Section
44270.

end insert begin insert

(d) Notwithstanding any other law, a best practices teacher
evaluation system adopted pursuant to this article shall not omit
any of the attributes specified in this section.

end insert begin delete

(c)

end delete

begin insert (e) end insert  This section shall become operative on July 1, 2016.

begin delete SEC. 8. end delete
begin insert SEC. 10. end insert   

Section 44662.1 is added to the Education Code, to
read:

44662.1.  

The state board, in consultation with the
Superintendent and appropriate education stakeholder groups, may
adopt nonregulatory guidance to support the implementation of a
best practices teacher evaluation system by school districts that
may include all of the following:

(a) Model evaluation systems that may be used by school
districts to implement the best practices teacher evaluation system
pursuant to Sections 44661 and 44662, as added by Sections begin delete 4 and
7 end delete begin insert 6 and 9 end insert of the act adding this section.

(b) Model processes for implementing observations of
instructional and other professional practices pursuant to paragraph
(2) of subdivision (a) of Section 44662, as added by Section begin delete 7 end delete begin insert 9 end insert
of the act adding this section.

(c) Model processes for defining calibration for purposes of
training evaluators pursuant to paragraph (2) of subdivision (a) of
Section 44662, as added by Section begin delete 7 end delete begin insert 9 end insert of the act adding this
section.

(d) Model processes for developing the observation tool that
may be used for observations of instructional and other professional
practices pursuant to paragraph (2) of subdivision (a) of Section
44662, as added by Section begin delete 7 end delete begin insert 9 end insert of the act adding this section.

(e) Model processes for determining and defining the
performance levels for the evaluation of teacher performance
pursuant to paragraph (3) of subdivision (a) of Section 44662, as
added by Section begin delete 7 end delete begin insert 9 end insert of the act adding this section.

begin delete SEC. 9. end delete
begin insert SEC. 11. end insert   

Section 44662.5 is added to the Education Code, to
read:

44662.5.  

(a) The governing board of each school district shall
establish and define job responsibilities for certificated,
noninstructional employees, including, but not limited to,
supervisory and administrative personnel, whose responsibilities
cannot be evaluated appropriately under the provisions of
subdivision (a) of Section 44662. The governing board of each
school district shall begin delete evaluate and assess end delete begin insert provide for the evaluation
and assessment of end insert the performance of certificated, noninstructional
employees as it reasonably relates to the fulfillment of those
responsibilities.

(b) This section shall become operative on July 1, 2016.

begin delete SEC. 10. end delete
begin insert SEC. 12. end insert   

Section 44662.6 is added to the Education Code, to
read:

44662.6.  

(a) (1) On or before May 1, 2016, begin insert or May 1 of the
year that precedes the year in which an existing collective
bargaining contract will expire, whichever is later, end insert the governing
board of each school district, at a regularly scheduled public
hearing, shall seek comment on the development and
implementation of the best practices teacher evaluation system.
The governing board of a school district shall use the comments
received at the hearing to guide the development and
implementation of the best practices teacher evaluation system.

(2) On or before May 1 of each year begin delete prior to end delete begin insert before end insert local
negotiations required pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code,
the governing board of each school district shall seek comment on
the best practices teacher evaluation system. begin insert The governing board
of each school district shall also seek public comment on the best
practices teacher evaluation system both during local negotiations
and before the final agreement of local negotiations. end insert

begin insert

(3) If, by mutual agreement between a school district and the
collective bargaining unit, an intermediate mid-year agreement
is reached regarding a best practices teacher evaluation system,
the negotiation timeline shall allow time for the governing board
of the school district to hold a public hearing to seek comment on
the best practices teacher evaluation system.

end insert

(b) Consistent with Section 3547 of the Government Code and
no more than 30 days after the local negotiations required pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code, the governing board of each
school district shall disclose the provisions of the best practices
teacher evaluation system at a regularly scheduled public hearing.

begin delete SEC. 11. end delete
begin insert SEC. 13. end insert   

Section 44662.7 is added to the Education Code, to
read:

44662.7.  

(a) Notwithstanding any other law, for the 2016-17
fiscal year, ____ dollars ($____) shall be appropriated from the
General Fund to the department for allocation to school districts
for the purpose of implementing the best practices teacher
evaluation system established pursuant to Sections 44661 and
44662, as added by Sections 4 and 7 of the act adding this section.
The amount appropriated by this section shall be allocated based
on the number of certificated staff employed at the eligible
schoolsites by a recipient school district. School districts shall use
the funds to plan for the implementation of the best practices
teacher evaluation system, including, but not limited to, begin insert doing end insert both
of the following:

(1)  begin delete Train end delete begin insert Training end insert evaluators to ensure calibration and
consistency in conducting observations pursuant to subparagraph
(A) of paragraph (2) of subdivision (a) of Section 44662, as added
by Section 7 of the act adding this section.

(2)  begin delete Develop end delete begin insert Developing end insert the uniform observation tool used in
observations pursuant to subparagraph (B) of paragraph (2) of
subdivision (a) of Section 44662, as added by Section 7 of the act
adding this section.

(b) Funds provided to a school district pursuant to this section
shall support activities related to implementation of the best
practices teacher evaluation system developed pursuant to
subdivision (b) of Section 44661, as added by Section 4 of the act
adding this section.

(c) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

begin delete SEC. 12. end delete
begin insert SEC. 14. end insert   

Section 44662.8 is added to the Education Code, to
read:

44662.8.  

(a) This article does not supersede or invalidate a
teacher evaluation system that is locally negotiated pursuant to
Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code and that is in effect at the time
this section becomes operative. If a locally negotiated teacher
evaluation system is in effect at the time this section becomes
operative, the teacher evaluation system shall remain in effect until
the parties to the agreement negotiate a successor agreement. begin insert A
memorandum of understanding shall not extend the adoption of a
locally negotiated teacher evaluation system that is in effect at the
time this section becomes operative. end insert

(b) This section shall become operative on July 1, 2016.

begin delete SEC. 13. end delete
begin insert SEC. 15. end insert   

Section 44664 of the Education Code is amended to
read:

44664.  

(a) Evaluation and assessment of the performance of
each certificated employee shall be made on a continuing basis as
follows:

(1) At least once each school year for probationary personnel.

(2) At least every other year for personnel with permanent status.

(3) 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 (20 U.S.C. Sec. 6301
et seq.), as defined in Section 7801 of Title 20 of the United States
Code, 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.

(b) The evaluation shall include recommendations, if necessary,
as to areas of improvement in the performance of the certificated
employee.

(1) If an employee is not performing his or her duties in a
satisfactory manner according to the standards prescribed by the
governing board of the school district, the employing authority
shall notify the certificated employee in writing of that fact and
describe the unsatisfactory performance.

(2) The employing authority shall thereafter confer with the
certificated employee making specific recommendations as to areas
of improvement in the certificated employee’s performance and
endeavor to assist the employee in his or her performance.

(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the certificated employee until the certificated employee
achieves a positive evaluation or is separated from the school
district.

(c) (1) An evaluation performed pursuant to this article that
contains an unsatisfactory rating of a certificated employee’s
performance in the area of teaching methods or instruction may
include the requirement that the certificated employee shall, as
determined necessary by the employing authority, participate in a
program designed to improve appropriate areas of the certificated
employee’s performance and to further pupil achievement and the
instructional objectives of the employing authority.

(2) If a school district participates in the California Peer
Assistance and Review Program for Teachers established pursuant
to Article 4.5 (commencing with Section 44500), a certificated
employee who receives an unsatisfactory rating on an evaluation
performed pursuant to this section shall participate in the California
Peer Assistance and Review Program for Teachers.

(d) Hourly and temporary hourly certificated employees, other
than those employed in adult education classes who are excluded
by the provisions of Section 44660, and substitute teachers may
be excluded from the provisions of this section at the discretion
of the governing board of the school district.

(e) This section shall become inoperative on July 1, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.

begin delete SEC. 14. end delete
begin insert SEC. 16. end insert   

Section 44664 is added to the Education Code, to
read:

44664.  

(a) Evaluation and assessment of the performance of
each certificated employee shall be made on a continuing basis as
follows:

(1) At least once each school year for probationary personnel.

(2) At least every other year for personnel with permanent status.

(3) Except as may be provided in the best practices teacher
evaluation system locally negotiated pursuant to subdivision (b)
of Section 44661, at least every three 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 (20
U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of Title 20
of the United States Code, 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.

(b) The evaluation shall include recommendations, if necessary,
as to areas of improvement in the performance of the certificated
employee.

(1) If a certificated employee is not performing his or her duties
in a satisfactory manner according to the standards prescribed by
the governing board, the employing authority shall notify the
certificated employee in writing of that fact and describe the
unsatisfactory performance.

(2) The employing authority shall thereafter confer with the
certificated employee making specific recommendations as to areas
of improvement in the certificated employee’s performance and
endeavor to assist the certificated employee in his or her
performance.

(3) If a permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall do both
of the following:

(A) Provide professional development based on the specific
recommendations as to areas of improvement in the certificated
employee’s performance.

(B) Annually evaluate the certificated employee until the
certificated employee achieves a positive evaluation or is separated
from the school district.

(c) (1) An evaluation performed pursuant to this article that
contains an unsatisfactory rating of a certificated employee’s
performance in the area of teaching methods or instruction may
include the requirement that the certificated employee shall, as
determined necessary by the employing authority, participate in a
program designed to improve appropriate areas of the certificated
employee’s performance and to further pupil achievement and the
instructional objectives of the employing authority.

(2) If a school district participates in the California Peer
Assistance and Review Program for Teachers established pursuant
to Article 4.5 (commencing with Section 44500), a certificated
employee who receives an unsatisfactory rating on an evaluation
performed pursuant to this section shall participate in the California
Peer Assistance and Review Program for Teachers.

(d) Hourly and temporary hourly certificated employees, other
than those employed in adult education classes who are excluded
by the provisions of Section 44660, and substitute teachers may
be excluded from the provisions of this section at the discretion
of the governing board.

(e) This section shall become operative on July 1, 2016.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Article 13 (commencing with Section 44670) of
Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education Code end insert
begin insert is repealed. end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Article 13 (commencing with Section 44670) is added
to Chapter 3 of Part 25 of Division 3 of Title 2 of the end insert begin insert Education
Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 13. end insert   Administrator Evaluations

 

begin insert 44670. end insert   

(a) The governing board of each school district shall
establish a system of evaluation for school administrators to guide
their growth and performance with the purpose of supporting them
as instructional leaders in order to raise pupil achievement. The
evaluation system shall include, but not be limited to, all of the
following attributes:

(1) Promoting the success of all pupils by facilitating the
development and implementation of a vision of pupil learning,
including, but not limited to, communicating with parents, pupils,
and the community regarding the importance of a standards-based
education and high expectations for all pupils.

(2) Advocating and supporting a safe, nurturing school culture
that sustains a quality instructional program conducive to pupil
learning and staff professional growth, including, but not limited
to, all of the following:

(A) Promoting equity, fairness, and respect among staff, pupils,
and members of the school community with acknowledgment of
the role cultural attributes have in pupil learning.

(B) Supporting professional development opportunities for staff
that encourage collaboration and effective instructional practice
with the goal of improving outcomes for all pupils.

(3) Ensuring the management, organization, and operation of
a safe and successful learning environment, as evidenced by the
establishment of effective practices for personnel and resource
management, campus safety, and school climate, including, but
not limited to, supporting curricular and management leadership
in all of these areas and successfully implementing a best practices
teacher evaluation system established pursuant to Sections 44661
and 44662, as added by Sections 6 and 9 of the act adding this
section.

(4) Collaborating with parents and the community to establish
an inclusive school environment, including, but not limited to,
embracing and recognizing that diversity strengthens a learning
environment and promotes meaningful parent and community
engagement, as required by Section 52062 for the development of
the local control and accountability plan established pursuant to
Section 52060.

(5) (A) Providing ethical and professional leadership that
fosters effective instructional practice as evidenced by promoting
quality teaching and instructional strategies and provides relevant,
effective feedback that leads to pupil learning. School
administrators shall be held accountable for the academic growth
of pupils over time and academic growth shall be based on multiple
measures that may include pupil work as well as pupil and school
longitudinal data.

(B) Multiple measures shall include state and local formative
and summative assessments. For school administrators who
supervise certificated staff that directly instruct English learner
pupils acquiring English, assessment information shall include
the results of assessments adopted pursuant to Chapter 7
(commencing with Section 60810) of Part 33 of Division 4.

(C) Multiple measures may include, but are not limited to,
benchmark, end-of-chapter, end-of-course, advanced placement,
international baccalaureate, college entrance, or performance
assessments.

(D) Pupil data used for purposes of an administrator evaluation
shall be confidential in the same manner as all other elements of
an administrator’s personnel file.

(6) Providing professional leadership by understanding,
responding, and influencing the larger social, political, cultural
and legal context with the goal of ensuring pupil success, as
evidenced by working in collaboration with the governing board
of the school district, bargaining units, and local school, school
district, and community leaders.

(b) The governing board of a school district shall identify who
will conduct the evaluation of each school administrator.

(1) A school administrator shall be evaluated annually for the
first and second year of employment as a new administrator in a
school district. The governing board of the school district may
determine the frequency at regular intervals of evaluations after
this period.

(2) Additional evaluations that occur outside of the regular
intervals determined by the governing board of the school district
shall be agreed upon between the evaluator and the administrator.

(3) Evaluators and administrators shall review school success
and progress throughout the year. This review should include
goals that are defined by the school district, including, but not
limited to, the goals specified in the local control and
accountability plan approved by the governing board of the school
district pursuant to Section 52060.

end insert

begin delete SEC. 15. end delete
begin insert SEC. 19. end insert   

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.