BILL ANALYSIS                                                                                                                                                                                                    �






                          SENATE COMMITTEE ON EDUCATION
                              Alan Lowenthal, Chair
                             2011-12 Regular Session
                                         

          BILL NO:       SB 257
          AUTHOR:        Liu
          AMENDED:       April 25, 2011
          FISCAL COMM:   No             HEARING DATE:  April 27, 2011
          URGENCY:       No             CONSULTANT:Beth Graybill

           SUBJECT  :  Certificated school employees:  evaluation and 
          assessment.
          
           SUMMARY   

          This bill encourages a school district to include in its 
          evaluation and assessment guidelines specific information 
          relating to current best teaching practices in all subject 
          areas and authorizes a school district to include additional 
          criteria into the evaluation and assessment of certificated 
          employees.  

           BACKGROUND  

          Existing law, the Stull Act, expresses 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, including 
          schools conducted or maintained by county superintendents of 
          education.  The system must involve the development and 
          adoption of objective evaluation and assessment guidelines 
          that may be uniform throughout the district or for compelling 
          reasons, differ by regions within the district.  (Education 
          Code � 44660)

          The Stull Act further requires school districts to evaluate 
          and assess teacher performance as it reasonably relates to 
          the following:  

             1)   The progress of pupils toward district-adopted 
               standards of pupil achievement and if applicable, 
               state-adopted academic content standards as measured by 
               pupil performance on state-adopted criterion referenced 
               tests.  

             2)   Instructional techniques and strategies used by the 



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               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.  
             (EC � 47662)

          When adopting objective evaluation and assessment guidelines, 
          existing law authorizes school districts, by mutual agreement 
          between the exclusive representative of the certificated 
          employees of the district and the governing board, to include 
          any objective standard of the National Board for Professional 
          Teaching Standards (NBPTS) or the California Standards for 
          the Teaching Profession (CSTP), provided the standards are 
          consistent with the Stull Act.  (EC � 44661.5)

           ANALYSIS  

           This bill  :

          1)   States the intent of the Legislature to enact 
               legislation that would address the following issues 
               relating to the evaluation and assessment of 
               certificated employees:

               a)        All aspects of teacher and school district 
                    effectiveness to ensure that an overhaul of the 
                    state's current system is comprehensive enough to 
                    attract, develop, retain, and support effective 
                    teachers and administrators.  

               b)        The role of teachers and others responsible 
                    for creating a high performing culture of learning. 


               c)        A fair and transparent assessment and 
                    evaluation system that respects the confidentiality 
                    of individual performance evaluations and due 
                    process.  

               d)        The use of successful and tested practices to 
                    set a foundation for practical reforms that can be 
                    tailored to fit the needs of California schools, 
                    recognizing the complexities of teaching and school 
                    performance and the myriad issues that contribute 



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                    to the overarching goal of improving pupil 
                    achievement.

               e)        Policy changes at the state level that allow 
                    for local flexibility while ensuring access to 
                    programs and content that meet the needs of all 
                    pupils in the state. 

               f)        The means by which various measures of 
                    accountability can be incorporated into a support 
                    structure for the improvement of teacher and school 
                    district effectiveness. 

               g)        An evaluation and assessment system that 
                    assists teachers in developing their skills and 
                    positively impacting pupil achievement, including a 
                    reasonable approach to including pupil performance 
                    data as well as pupil and parent feedback and peer 
                    input.  

               h)        An evaluation and assessment system that 
                    allows for teacher development activities that 
                    provide support structures and allow teachers to 
                    grow throughout their careers.  

               i)        The role of administrators in effective 
                    teacher evaluations and assessment, including, but 
                    not limited to, training in evaluation methods and 
                    processes.  

          2)   Encourages school districts to include in their 
               evaluation and assessment guidelines, specific 
               information relating to current best teaching practices 
               in all subject areas, as well as information relating to 
               objectively training evaluators on current best teaching 
               practices in all subject areas.  

          3)   Authorizes school districts to incorporate additional 
               criteria into the evaluation and assessment of 
               certificated employees as it reasonably relates to the 
               progress of pupils toward the statewide academic content 
               standards or the common core standards.  Prohibits pupil 
               data from constituting more than 25 percent of the total 
               evaluation and specifies that pupil progress is to be 
               measured by:  

               a)        Pupil progress and growth during the school 



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                    year, and if applicable, multiple school years.  
                    Expresses the intent of the Legislature that 
                    assessments occur, at a minimum, at the beginning 
                    and end of each school year.  

               b)        Additional data from locally developed pupil 
                    assessments, as adopted by the governing board of 
                    the district.  

          4)   Authorizes the evaluation to include pupil and parent or 
               guardian input, as appropriate and authorizes a school 
               district to develop grade-level and subject-appropriate 
               surveys on certificated employees.  Prohibits pupil and 
               parent or guardian input from constituting more than 5 
               percent of the total evaluation.  

          5)   Specifies that prior to a final evaluation, the school 
               district may conduct multiple observations by trained 
               evaluators and peers with the opportunity for 
               constructive feedback and professional development.  

           STAFF COMMENTS  

           1)   Need for the bill  :  Several studies have noted that 
               California's current approach to teacher evaluation 
               serves neither schools nor teachers well.  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."  This report also 
               recommended making teacher evaluation multi-dimensional, 
               strengthening the training of those who conduct 
               evaluations, and tying evaluation results directly to 
               substantive feedback to teachers and providing a range 
               of professional development to strengthen practice.  

          This bill addresses the need for a more meaningful evaluation 
               system by encouraging school districts to include 
               information relating to subject-specific best teaching 
               practices and by authorizing school districts to include 
               specified data in the evaluation process.  Although 
               school districts already have the authority to develop 
               and adopt evaluation systems that may include pupil 
               performance data, this bill could provide a framework 
               for districts to establish evaluation plans that present 
               clear expectations of teachers and staff, which could 



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               increase transparency in the evaluation process and 
               create an evaluation system that could be a more 
               meaningful approach to strengthening teacher quality 
               than the current evaluation system.  

           2)   Best practices  .  According to the author's office, 
               administrators need better training and expertise in 
               order to accurately access employee performance and 
               should understand what constitutes effective teaching in 
               various subjects.  To the extent that evaluation and 
               assessment guidelines specify what effective teaching 
               might look like in each subject area, they could provide 
               both teachers and evaluators subject-specific benchmarks 
               for assessing the quality of teaching.  Would it be 
               practical to train a principal on the current best 
               teaching practices in all subject areas covered by a 
               school?  

          The California Standards for the Teaching Profession (CSTP) 
               and the National Board for Professional Teaching 
               Standards (NBPTS) each articulate a set of "best 
               practices" for the teaching profession.  The CSTP are 
               intended to provide a "common" language and vision of 
               the scope and complexity of the profession by which all 
               teachers can define and develop their practice.  The 
               standards seek to serve and support professional 
               educators in fulfilling their professional roles and 
               responsibilities from pre-service teacher to experienced 
               practioner.  The CSTP inform California's teacher 
               credential and induction programs.  The basic standards 
               are as follows:  

               a)        Engaging and supporting all students in 

                    learning.  

               b)        Creating and maintaining effective 

                    environments for student learning.  

               c)        Understanding and organizing subject matter 

                    for student learning.  

               d)        Planning instruction and designing learning 
                    experiences for all 
                    Students.  



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               e)        Assessing students for learning.  

               f)        Developing as a professional educator.  

               The NBPTS are organized around 16 different subject 
               areas, but include a set of "core principles" that are 
               similar to the CSTP:  

               a)        Teachers are committed to students and their 

                    learning  

               b)        Teachers know the subjects they teach and how 

                    to teach those subjects to students.  

               c)        Teachers are responsible for managing and 
                    monitoring student 
                    learning.  

               d)        Teachers think systematically about their 
                    practice and learn from
                    experience  

               e)        Teachers are members of learning communities  

               This bill would authorize districts to utilize 
               additional information that identifies best practices 
               relating to the specific subjects taught.  



           3)   Related and prior legislation  .  

          SB 355 (Huff) makes various changes to statutes governing the 
               evaluation of certificated employees and in how teacher 
               effectiveness may be considered in employment decisions. 
                This measure is scheduled to be heard by this Committee 
               on May 11, 2011.  

          AB 5 (Fuentes) deletes the Stull Act and requires school 
               districts, by mutual agreement with the local bargaining 
               unit, to implement a teacher evaluation system by July 
               1, 2012, as specified.  This bill is pending in the 
               Assembly Appropriations Committee.  




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          AB 48 (Perez) specifies that the procedures to be used for 
               the evaluation of certificated employees is subject to 
               specified provisions of law regarding the scope of 
               representation of the exclusive representative of 
               certificated employees and requires the governing board 
               to consult with the exclusive representative with 
               respect to all other matters relating to the evaluation 
               of certificated employees.  This measure is pending in 
               the Assembly Education Committee.  

           SUPPORT
           
          None received.

           OPPOSITION
           
          None received.