BILL NUMBER: AB 5 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 4, 2011
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 school 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 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. In developing the evaluation
system, the bill would require the governing board of a school
district 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, 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 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, 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,
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 a certificated employee, who
directly instructs English learner pupils in acquiring English, in
teaching the English language development standards adopted pursuant
to Section 60811 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.
(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 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) At least once every school year for probationary employees.
(2) 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 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 relates to the
evaluation components pursuant to Section 44656, and endeavor to
assist the permanent employee in his or her performance.
(2) A permanent 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.