BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 499|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  SB 499
          Author:   Liu (D) and De León (D)
          Amended:  6/2/15  
          Vote:     21  

           SENATE EDUCATION COMMITTEE:  7-2, 4/22/15
           AYES:  Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
           NOES:  Runner, Vidak

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/28/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Teachers:  best practices teacher evaluation system:  
                      school administrator evaluation


          SOURCE:    Author
          
          DIGEST:   This bill repeals and replaces various provisions of  
          existing law governing the evaluation of certificated employees  
          and beginning July 1, 2018, requires school districts to  
          implement a best practices teacher evaluation system.  This bill  
          also repeals and replaces provisions of existing law regarding  
          school administrator evaluations.

          ANALYSIS: 

          Existing law:

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








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            personnel.  With the exception of certificated personnel who  
            are employed on an hourly basis to teach adult education  
            classes, the Stull Act requires school districts to evaluate  
            and assess teacher performance, as specified, including  
            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 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.  

          2)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.  However, 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.  

          3)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 program is 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.  








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          This bill recasts various provisions of the law governing the  
          evaluation of certificated employees.  Specifically, this bill:


           1) Makes inoperative as of July 1, 2018, and repeals as of  
             January 1, 2019, the following Stull Act requirements:  

           a)    Legislative intent that governing boards establish a  
                uniform system for evaluation and assessment.  

           b)    The requirement that a governing board, in the  
                development and adoption of evaluation guidelines and  
                procedures avail itself of the advice of the certificated  
                instructional personnel in the district as part of a  
                locally negotiated collective bargaining agreement.  

           c)    The authorization that a school district may include  
                standards from the National Board of Professional Teaching  
                Standards or the California Standards for the Teaching  
                Profession (CSTP) in its evaluation and assessment  
                guidelines.  

           d)    The requirement that the governing board of each school  
                district:  

              i)       Establish standards of expected pupil achievement  
                   at each grade level in each area of study, and 

              ii)      Evaluate and assess certificated employee  
                   performance as it reasonably relates to the progress of  
                   pupils on those standards and applicable state adopted  
                   content standards as measured by state adopted  
                   criterion referenced assessments and other specified  
                   criteria.  

           1) Makes findings and declarations regarding teaching, the  
             characteristics of effective teaching, and the importance of  
             teachers in influencing student academic success.  Declares  
             that the primary purpose of an evaluation system is to ensure  
             that teachers meet the highest professional standards of  
             effective teaching, thereby resulting in higher levels of  
             pupil learning.  








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           2) Requires, beginning July 1, 2018, the governing board of  
             each school district to adopt and implement a best practices  
             teacher evaluation system (BPTES).  Requires the BPTES to be  
             locally negotiated pursuant to the Educational Employment  
             Relations Act; and specifies that if the certificated  
             employees of the school district do not have an exclusive  
             bargaining representative, the governing board must adopt  
             objective evaluation and support components, as applicable.  

           3) Requires a BPTES to include, but not be limited to,  
             specified attributes, including the evaluation of each  
             teacher based on the degree to which a teacher 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  
                pupils, evidence of which may include use of differential  
                instruction and practices and use of culturally responsive  
                instruction, such as 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 certificated employees  
                who directly instruct English learner pupils in acquiring  
                English language fluency, the assessment information shall  
                include the results of the English language development  
                test.  








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           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 specified, including state and local  
                formative and summative assessments in the grade levels  
                and subjects that these assessments are administered as  
                well as classroom work, pupil grades, classroom  
                participation, presentations and performances, and  
                projects and portfolios as available and applicable for  
                the grade level and subject taught.  

           4) Requires that a BPTES include multiple observations of  
             instructional and other professional practices conducted by  
             evaluators who have been appropriately trained and calibrated  
             to ensure consistency and who have demonstrated competence in  
             teaching evaluation, as determined by the school district.  

           5) Requires that a BPTES has at least three performance levels.  
              

           6) Permits a locally negotiated evaluation process to designate  
             certificated employees to conduct, or participate in,  
             evaluations of other certificated employees for purposes of  
             determining needs for professional development or providing  
             corrective advice for the certificated employee being  
             evaluated; specifies that non-supervisory certificated  
             employees who conduct or participate in an evaluation are not  
             deemed to be exercising a management or supervisory function,  
             as specified.  

           7) Provides that the BPTES shall not apply to certificated  
             employees who hold an administrative services credential.

           8) Authorizes the State Board of Education (SBE), in  
             consultation with the Superintendent of Public Instruction  
             and appropriate education stakeholder groups, to adopt  
             non-regulatory guidance to support the implementation of the  







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             BPTES, as specified.

           9) Repeals and replaces, beginning July 1, 2018, the  
             requirement that school district governing boards establish  
             and define job responsibilities for certificated  
             non-instructional personnel, including, but not limited to,  
             supervisory and administrative personnel, whose  
             responsibilities cannot be evaluated appropriately under the  
             best practices teacher evaluation system; maintains the  
             current requirement that school districts evaluate and assess  
             the performance of non-instructional certificated employees  
             as it reasonably relates to the fulfillment of those  
             responsibilities.  

           10)Requires, on or before May 1, 2018, or May 1 of the year  
             that precedes the year in which an existing collective  
             bargaining contract will expire, whichever is later,  
             governing boards to seek comment on the development and  
             implementation of a BPTES and use the comments received to  
             guide the development and implementation of the BPTES.   
             Requires other public hearing requirements for governing  
             boards, as specified.

           11)Specifies that where a locally negotiated evaluation system  
             is in effect, the evaluation system remains in effect until  
             the parties to the contract negotiate a successor agreement.   
             Provides that a memorandum of understanding shall not extend  
             the adoption of a locally negotiated teacher evaluation  
             system that is in effect at the time this requirement becomes  
             operative.

           12)Recasts requirements governing evaluation cycles for  
             certificated employees and unsatisfactory performance:  

              a)    Maintains existing requirement that probationary  
                personnel be evaluated at least once each school year and  
                that personnel with permanent status be evaluated at least  
                every other year.  

              b)    Beginning July 1, 2018, changes the frequency of  
                evaluations for personnel with permanent status who have  
                been employed at least 10 years with a school district who  
                are highly qualified and who were rated as meeting or  
                exceeding standards at the previous evaluation.   







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                Specifically, this bill changes the frequency from at  
                least every five years to at least every three years.  

              c)    Maintains existing requirements for evaluations:  

              i)       Requires the evaluation to include recommendations,  
                   if necessary, as to areas of improvement.  

              ii)      Requires the employing authority to notify an  
                   employee in writing if the employee is not performing  
                   his or her duties in a satisfactory manner and to  
                   describe the unsatisfactory performance.  Requires the  
                   employing authority to confer with the employee and  
                   make specific recommendations as to areas of  
                   improvement, and requires an annual evaluation until  
                   the employee achieves a positive evaluation or is  
                   separated from the district.  

              iii)     Specifies an employee evaluation that contains an  
                   unsatisfactory rating of an employee's performance may  
                   include a requirement that the certificated employee  
                   participate in a program designed to improve  
                   appropriate areas of the employee's performance, as  
                   specified, and requires any certificated employee who  
                   receives an unsatisfactory rating on an evaluation to  
                   participate in a Peer Assistance and Review Program for  
                   Teachers if the district has such a program.  

           13)Requires the employing authority, if an employee has  
             received an unsatisfactory evaluation, to provide  
             professional development based on the specific  
             recommendations as to areas of improvement in the employee's  
             performance.

           14)Maintains the existing requirement that hourly and temporary  
             hourly employees are excluded by the provisions governing the  
             teacher evaluation system, and provides that substitute  
             teachers may be excluded at the discretion of the governing  
             board.  

           15)Repeals the existing provisions of law governing  
             administrator evaluations effective July 1, 2018, and  
             requires governing boards to establish a new system of  
             evaluation for school administrators to guide their growth  







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             and performance with the purpose of supporting them as  
             instructional leaders in order to raise pupil achievement, as  
             specified.
           
           16)Requires governing boards to identify who will conduct the  
             evaluation of each school administrator.

           17)Requires a school administrator to be evaluated annually for  
             the first and second year of employment as a new  
             administrator in a school district and allows the governing  
             board to determine the frequency at regular intervals of  
             evaluations after this period.

           18)Provides that additional evaluations that occur outside of  
             the regular intervals determined by the governing board shall  
             be agreed upon between the evaluator and the administrator.

           19)Requires evaluators and administrators to 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 school  
             district pursuant to Education Code § 52060.

           20)Prohibits the SBE from waiving the best practices teacher  
             evaluation system requirements.  

          Comments

          Need for the bill.  According to the author's office, teacher  
          evaluation under the Stull Act is too often inconsistent,  
          unclear, and does little to foster a culture of continuous  
          improvement for teachers.  While some districts do incorporate  
          student performance in their evaluation systems, others do not,  
          and in districts that simply rate their employees as "meeting"  
          or "not meeting" expectations, teachers may not receive  
          sufficient feedback during the evaluation process to understand  
          how to improve their practice.  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  







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          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."  

          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  
          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."  

          Tools to evaluate teacher effectiveness.  The stated purpose of  
          this bill is to strengthen teacher quality and improve student  
          outcomes by improving the state's teacher evaluation  
          requirements.  Specifically, this bill contains the following  
          provisions to accomplish that objective:

          1)Use of assessments.  Requires both state and local formative  
            and summative assessments to be included in teacher  
            evaluations.  Formative assessments are developed locally and  







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            are used by teachers to continually inform instruction in the  
            classroom throughout the school year.  Summative assessments  
            can be developed locally or statewide, including end of course  
            tests or standardized tests, and assess a student's  
            performance at a point in time.  

          2)Evaluation frequency.  Requires probationary teachers to be  
            evaluated at least every year and permanent teachers to be  
            evaluated at least every other year, and also reduces the  
            authorization for teachers with more than 10 years of  
            experience to be evaluated from every five years, to every  
            three years.  This will result in experienced teachers being  
            evaluated more frequently.  

          3)Categories for rating teachers.  Increases the categories for  
            rating teachers from two to three. 

          4)Multiple measures.  Requires pupil academic growth based on  
            multiple measures to be part of a teacher evaluation.  

          5)Professional Development.  Requires an employing authority to  
            provide professional development based on the specific  
            recommendations as to areas of improvement in a permanent  
            teacher's performance, if he or she has received an  
            unsatisfactory evaluation.  This bill also specifies that  
            teachers who receive an unsatisfactory rating on their  
            evaluation, if a school district has a PAR program in place,  
            they must refer teachers who receive an unsatisfactory review  
            to the PAR program for improvement.  
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee, this bill  
          creates unknown, but significant, costs for a new reimbursable  
          state mandate likely to be in the tens of millions annually.   
          Those costs will be partially offset by repealing law related to  
          an existing mandate.  Additionally, there would be cost pressure  
          for the California Department of Education (CDE) to develop  
          non-regulatory guidance which CDE estimates to be $538,000  
          General Fund over a two-year period.









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          SUPPORT:   (Verified6/1/15)


          Superintendent of Public Instruction
          Public Advocates


          OPPOSITION:   (Verified6/1/15)


          Association of California School Administrators
          California Association of School Business Officials
          California Business Roundtable
          California Chamber of Commerce
          California County Superintendents Educational Services  
          Association
          California Democrats for Education Reform
          California School Boards Association
          Children Now
          Education Trust-West
                                                                             Educators 4 Excellence
          EdVoice
          Families In Schools
          Kern County Superintendent of Schools
          Los Angeles Unified School District
          Orange County Department of Education
          Parents Advocate League
          Riverside County Superintendent of Schools
          Small School Districts Association
          Students Matter
          StudentsFirst
          Teach Plus


          Prepared by:Lenin Del Castillo / ED. / (916) 651-4105
          6/2/15 22:15:09


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