BILL NUMBER: AB 5	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuentes

                        DECEMBER 6, 2010

   An act to add Section 44665.5 to, and to add Article 10.7
(commencing with Section 44655) to, and to repeal Article 11
(commencing with Section 44660) of, Chapter 3 of Part 25 of Division
3 of Title 2 of, the Education Code, relating to certificated school
employees.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 5, as introduced, Fuentes. Certificated school employees:
performance evaluation.
   Existing law requires the governing board of each school district
to develop and adopt objective evaluation and assessment guidelines
to evaluate the performance of its certificated employees and
encourages each district to establish an evaluation and assessment
system that is uniform throughout the district. Existing law requires
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 as it reasonably
relates to specified factors.
   This bill would make those provisions inoperative on June 30,
2012, and would repeal them on January 1, 2013. The bill, commencing
with the 2012-13 school year, instead would require the governing
board of a school district to adopt and implement a fair,
transparent, and rigorous evaluation system based on a uniform
standard for certificated employees, as specified. The bill would
require the governing board of a school district, in developing the
evaluation system, to consult with the exclusive bargaining
representative of the certificated employees in the school district,
in accordance with specified statutes regarding collective
bargaining, on all procedures and components of the evaluation. The
bill would require a permanent certificated employee who is deemed to
be performing in an unsatisfactory manner at the end of his or her
evaluation process to participate in an instructional support program
for certificated employees, as adopted by the governing board of the
school district, for one year for the purpose of improving the
performance of the employee.
   By requiring school districts to perform additional duties, the
bill would impose a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 10.7 (commencing with Section 44655) is added
to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education
Code, to read:

      Article 10.7.  Evaluation and Support System for Certificated
Employees


   44655.  (a) Commencing with the 2012-13 school year, the governing
board of a school district shall adopt and implement a fair,
transparent, and rigorous evaluation system for certificated
employees based on a uniform standard. The purposes of the evaluation
system shall be to improve instruction for all pupils in the school
district and provide meaningful and continuous support to
certificated employees.
   (b) In developing the evaluation system for certificated employees
pursuant to this article, the governing board of a school district
shall consult with the exclusive bargaining representative of the
certificated employees in the school district, in accordance with the
provisions of Chapter 10.7 (commencing with Section 3540) of
Division 4 of Title 1 of the Government Code, on all procedures and
components of the evaluation pursuant to this article. 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.
   44656.  (a) In its evaluation system for certificated employees,
the governing board of a school district shall include all of the
following components:
   (1) Evidence of the effectiveness of the employee as compared to
the California Standards for the Teaching Profession.
   (2) Evidence of the effectiveness of the employee in teaching the
state academic content standards pursuant to Section 60605 or the
common core standards in English language arts and mathematics
adopted pursuant to Section 60605.8, as applicable. Evidence of
effectiveness for purposes of this paragraph shall include, but not
be limited to, evidence of pupil progress toward the standards
specified in this paragraph as measured by all of the following:
   (A) More than one year of data from the state adopted criterion
referenced assessments established pursuant to Section 60605.
   (B) More than one year of data from any locally developed pupil
assessment that is valid and reliable and adopted by the governing
board of the school district.
   (C) Data from formative assessments as determined by the governing
board of a school district to evaluate a certificated employee
pursuant to this section.
   (3) Evidence of the effectiveness of the employee in teaching the
English language development standards adopted pursuant to Section
60811, as applicable, for the purpose of improving a pupil's English
proficiency as specified under the federal No Child Left Behind Act
of 2001 (20 U.S.C. Sec. 6301 et seq.). Evidence of effectiveness for
purposes of this paragraph shall include evidence of pupil progress
toward the standards specified in this paragraph as measured by all
of the following assessments:
   (A) More than one year of data from the state adopted assessment
for English language proficiency pursuant to Section 60810.
   (B) More than one year of data from any locally developed pupil
assessment that is valid and reliable and adopted by the governing
board of the school district.
   (C) Data from formative assessments as determined by the governing
board of a school district to evaluate a certificated employee
pursuant to this section.
   (4) (A) Multiple observations of the certificated employee in an
instructional setting. The observations shall be conducted by trained
administrators and peers using a uniform tool for use in observing
the certificated employee for the purpose of conducting an evaluation
pursuant to this article.
   (B) After each observation, the observer shall meet with the
certificated employee to discuss recommendations, as necessary, with
regard to areas of improvement in the performance of the employee.
   (b) For purposes of this article "formative assessment" means
assessment questions, tools, and processes that are embedded in
instruction and used by teachers and pupils to provide timely
feedback for purposes of adjusting instruction to improve learning.
   (c) For the purposes of evaluating certificated employees who
provide instruction to pupils whose progress toward the standards
cannot be measured pursuant to paragraphs (2) and (3) of subdivision
(a), the governing board of a school district shall determine an
alternative method to measure pupil progress toward the standards.
   (d) This section does not limit the authority of the governing
board of a school district to adopt additional evaluation components.
If the governing board adopts additional components those components
shall be developed in accordance with subdivision (b) of Section
44655.
   44657.  (a) Evaluation of the performance of each certificated
employee pursuant to this article shall be made on a continuing basis
as follows:
   (1) Each school year for probationary employees.
   (2) Every other year for permanent employees.
   (b) (1) The evaluation shall include recommendations, if
necessary, as to areas of improvement in the performance of the
employee. If an employee is performing his or her duties in an
unsatisfactory manner, the employing authority shall notify the
employee in writing of that assessment and describe the manner in
which the performance of the employee is unsatisfactory. After the
employee receives the written assessment, the employing authority
shall confer with the employee, making specific recommendations as to
areas of improvement in the employee's performance as that
performance to the evaluation components pursuant to Section 44656,
and endeavor to assist the employee in his or her performance.
   (2) A permanent certificated employee who is deemed to be
performing in an unsatisfactory manner at the end of his or her
evaluation process shall participate for one year in an instructional
support program for certificated employees adopted by the governing
board of the school district for the purpose of improving the
performance of the employee.
   (c) The governing board of a school district shall define the term
"performing in an unsatisfactory manner" for purposes of this
section by mutual agreement with the exclusive bargaining
representative of the certificated employees of the district.
   44658.  This article shall become operative on July 1, 2012.
  SEC. 2.  Section 44665.5 is added to the Education Code, to read:
   44665.5.  This article shall become inoperative on July 1, 2012,
and, as of January 1, 2013, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2013, deletes
or extends the dates on which it becomes inoperative and is
repealed.
  SEC. 3.  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.