BILL ANALYSIS                                                                                                                                                                                                    �






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

          BILL NO:       SB 1292
          AUTHOR:        Liu
          AMENDED:       April 16, 2012
          FISCAL COMM:   No             HEARING DATE:  April 25, 2012
          URGENCY:       No             CONSULTANT:Beth Graybill

          SUBJECT  :  School employees:  Principal evaluations.
          
           SUMMARY   

          This bill authorizes school districts to evaluate principals 
          and establishes provisions to guide principal evaluation.  

           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.  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, provided that all certificated 
          personnel of the district are subject to a system of 
          evaluation and assessment.  
          (Education Code � 44660)

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

             1)   The progress of pupils towards locally-adopted 
               standards and if applicable, state-adopted academic 
               content standards as measured by state-adopted criterion 
               referenced tests.  

             2)   Instructional techniques and strategies used by the 
               employee.  

             3)   The employee's adherence to curricular objectives.  

             4)   The establishment and maintenance of a suitable 



                                                                 SB 1292
                                                                  Page 2



               learning environment within the scope of the employee's 
               responsibilities.  (EC � 44662)

          The Stull Act further requires governing boards to establish 
          and define job responsibilities for certificated 
          noninstructional employees, such as supervisory and 
          administrative personnel, and requires them to be evaluated 
          appropriately with regard to the fulfillment of those 
          responsibilities.  (EC � 44662)  

          Current law requires school principals to have a preliminary 
          or professional administrative services credential and 
          requires, among other things, applicants for a preliminary 
          administrative services credential to have at least three 
          years of successful, full-time classroom teaching experience 
          in the public schools or in private schools of equivalent 
          status, or three years of experience in the fields of pupil 
          personnel, health, clinical or rehabilitative, or librarian 
          services.  (EC � 44270 and � 44834)

           ANALYSIS  

           This bill :

          1)   Makes findings and declarations relating to the need for 
               State and local educational agencies, not the federal 
               government, to determine the process for implementing 
               principal evaluations; the obligation to evaluate 
               principals fairly, consistently, and effectively using 
               multiple methods; and the characteristics of an 
               effective evaluation system.  

          2)   Expresses the intent of the Legislature that evaluators 
               receive training for the purpose of calibrating 
               evaluations when funds become available.  

          3)   Specifies that a school principal may be evaluated 
               annually in the first and second year of employment with 
               a district and authorizes governing boards to determine 
               the interval thereafter; permits additional evaluations 
               to be agreed upon between the evaluator and the 
               principal.  

          4)   Specifies that evaluators and principals may review 
               school success and progress relative to goals defined by 
               the school district.  




                                                                 SB 1292
                                                                  Page 3



          5)   Specifies that criteria for principal evaluations may be 
               based on the California Professional Standards for 
               Educational Leaders (CPSELs).  Codifies the standards 
               and identifies effective leadership as:  

               a)        Facilitating the development, articulation, 
                    implementation, and stewardship of a vision of 
                    learning that is shared and supported by the school 
                    community.  

               b)        Advocating, nurturing, and sustaining a school 
                    culture and instructional program conducive to 
                    pupil learning and staff professional growth.  

               c)        Ensuring management of the organization, 
                    operations, and resources for a safe, efficient, 
                    and effective learning environment.  

               d)        Collaborating with families and community 
                    members, responding to diverse community interests 
                    and needs, and mobilizing community resources.  

               e)        Modeling a personal code of ethics and 
                    developing professional leadership capacity.  

               f)        Understanding, responding to, and influencing 
                    the larger political, social, economic, legal and 
                    cultural context.  

          6)   Authorizes a school principal evaluation to include the 
               following:  

               a)        Pupil academic growth based on multiple 
                    measures, as specified.  

               b)        Effective and comprehensive teacher 
                    evaluations.  

               c)        Culturally responsive instructional strategies 
                    to address and eliminate the achievement gap.  

               d)        The ability to analyze instructional 
                    strategies and provide effective feedback to 
                    facilitate instructional improvement.  

               e)        High expectations for pupils and leadership to 
                    ensure active pupil engagement and learning.  



                                                                 SB 1292
                                                                  Page 4




               f)        Collaborative professional practices.  

               g)        Effective school management.  

               h)        Meaningful self-assessment to improve as a 
                    professional educator.  

               i)        Consistent and effective relationships with 
                    pupils, parents, teachers, staff, and other 
                    administrators.  

          7)   Authorizes the use of Title I and Title II carryover 
               funds and any other available state and federal funds to 
               be used to implement the act.  

          8)   Requires local agencies and school districts to be 
               reimbursed for costs if the Commission on State Mandates 
               determines that this act contains costs mandated by the 
               state.  

           STAFF COMMENTS  

           1)   Need for the bill  :  According to the author's office, 
               the Education Code requires a principal to be evaluated 
               but provides no direction as to what should be 
               considered and why.  While some school districts have 
               established their own principal evaluation systems, many 
               have not.  The stated intent of SB 1292 is to provide a 
               foundation to work from while providing the necessary 
               flexibility to tailor an evaluation plan to meet a 
               district's needs.  

           2)   Uncertain policy climate  .  This bill gives local 
               educational agencies (LEAs) authority they already have 
               to implement systems and criteria for evaluating school 
               principals.  However, the bill addresses broader policy 
               questions about the need for effective teacher and 
               principal evaluation systems and the extent to which 
               those systems are a matter of local control.  The U.S. 
               Department of Education has expressed its desire for 
               states to have effective educator evaluation systems and 
               has indicated such systems are required for states 
               submitting an application to waive selected provisions 
               of the No Child Left Behind (NCLB) authorization of the 
               Elementary and Secondary Education (ESEA) Act of 1965.  
               The federal waiver requirements specify that to receive 



                                                                 SB 1292
                                                                  Page 5



               flexibility a state and each LEA must commit to develop, 
               adopt, pilot, and implement, with the involvement of 
               teachers and principals, teacher and principal 
               evaluation and support systems that:  

               a)        Will be used for continual improvement and 
                    instruction;

                    b)             Meaningfully differentiate 
                    performance using at least three
                                   performance levels; 

               b)        Use multiple valid measures in determining 
                    performance levels,
                         including as a significant factor data on 
                         student growth for all students (including 
                         English learners and students with 
                         disabilities), and other measures of 
                         professional practice;

               c)        Evaluate teachers and principals on a regular 
                    basis;

               d)        Provide clear, timely, and useful feedback, 
                    including feedback 
                         that identifies needs and guides professional 
          development; and 

               e)        Will be used to inform personnel decisions.  

               The requirements further state that a state must develop 
               and adopt guidelines for these systems and LEAs must 
               develop and implement teacher and principal evaluation 
               and support systems that are consistent with the state's 
               guidelines.  According to the CDE, a cost-benefit 
               analysis of the waiver requirements suggested that the 
               state would face significant challenges in meeting the 
               waiver criteria including necessary legislation to 
               implement selected principles and potential 
               state-mandated local costs.  To date, the SBE has not 
               taken action to seek a waiver of ESEA provisions.  

               Although this bill asserts that determining the process 
               for implementing principal evaluations is not a matter 
               for the federal government but rather the state and 
               school districts, it is possible that funds for federal 
               programs may eventually be conditioned on California 



                                                                 SB 1292
                                                                  Page 6



               having a principal evaluation system that meets 
               specified criteria.  If the voluntary process SB 1292 
               would establish proves inconsistent with federal 
               requirements, the Legislature may need to revisit this 
               legislation in the future.  

               The Superintendent of Public Instruction has established 
               a task force on Educator Excellence which is examining 
               various dimensions of educator quality, including 
               effective evaluation.  The task force expects to 
               complete its work and make recommendations later this 
               year.  In light of the uncertain policy climate, would 
               it make sense for the SBE to develop guidelines for a 
               principal evaluation system that would be informed by 
               all of these factors?  



           3)   California Professional Standards for Educational 
               Leaders  .  This bill codifies the current set of 
               standards that outline the traits that an effective 
               principal should possess.  These standards follow the 
               2008 Interstate School Leaders Licensure Consortium 
               (ISLLC) Standards for School Leaders that have changed 
               little since the original 1996 ISLLC standards.  In 
               2001, representatives from the California School 
               Leadership Academy at WestEd, the Association of 
               California School Administrators, the California 
               Commission on Teacher Credentialing, the California 
               Department of Education, and various California colleges 
               and universities adapted the ISLLC standards to 
               establish the current set of six CPSELs.  The CPSELS 
               guide the practice of school administrators and inform 
               preparation programs that lead to the administrative 
               services credential.  

          Codifying these standards would require conforming 
               legislation whenever the CPSELs are revised.  Given the 
               Federal government's push for states to have more robust 
               evaluation systems, it is not out of the question that 
               both the ISLLC and CPSEL standards may change in the 
               future to align to federal guidelines.  Instead, it may 
               be more appropriate for this bill to identify the six 
               broad areas of the CPSELs such as shared vision, 
               teaching and learning, management and safety, etc.  This 
               approach could allow greater flexibility to be more 
               responsive to changes in state or federal policy and 



                                                                 SB 1292
                                                                  Page 7



               would enable the state and districts to establish 
               priorities that reflect trends and/or research and best 
               practices.  Staff recommends the bill be amended to 
               replace the standards specified in � 44671(a) with 
               language that identifies the six broad themes of the 
               standards.  

           4)   Related and prior legislation  .  SB 57 (Liu, 2011)  
               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.  This bill was 
               passed by this Committee on a 9-0 vote and is in the 
               Assembly Education Committee.  

          AB 5 (Fuentes, 2011)  Requires school districts to implement 
               a best practices teacher evaluation system, as 
               specified, by July 1 of the first fiscal year following 
               the year in which the deficit factor is reduced to zero. 
                This bill was passed by this Committee on a 6-0 vote 
               and is in the Senate Appropriations Committee.  

           SUPPORT
           
          Association of California School Administrators
          California School Boards Association

           OPPOSITION
           
          None received.