BILL NUMBER: AB 5 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 8, 2011
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 amended, 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 July 1, 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 In developing the evaluation
system, the bill would require the governing board of a school
district , in developing the evaluation system, to consult
to include, by mutual agreement 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 system established pursuant to
these provisions . 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 for one year 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 , by mutual
agreement 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
include all procedures and components of the evaluation
system established 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 certificated
employee as compared to the California Standards for the Teaching
Profession.
(2) Evidence of the effectiveness of the certificated
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
a certificated employee, who directly instructs
English learner pupils in acquiring English, 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) Prior to each observation, the observer shall meet with the
certificated employee to discuss the purpose of the observation.
(B)
(C) After each observation, the observer shall meet
with the permanent 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 in courses whose progress
toward the standards cannot be measured pursuant to
paragraphs (2) and (3) of subdivision (a) by utilizing
assessment data , 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 At least once every school
year for probationary employees.
(2) Every At least every other year
for permanent employees.
(b) (1) The evaluation of a permanent employee shall
include recommendations, if necessary, as to areas of improvement in
the performance of the permanent employee. If an
a permanent employee is performing his or her
duties in an unsatisfactory manner, the employing authority shall
notify the permanent employee in writing of that
assessment and describe the manner in which the performance of the
permanent employee is unsatisfactory. After the
permanent employee receives the written assessment, the
employing authority shall confer with the permanent
employee, making specific recommendations as to areas of improvement
in the permanent employee's performance as that
performance to the evaluation components pursuant to Section 44656,
and endeavor to assist the permanent 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 permanent 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.