Amended in Assembly March 11, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 430


Introduced by Assembly Member Olsen

February 15, 2013


An act to add Article 3.3 (commencing with Section 44475) to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, relating to teachers.

LEGISLATIVE COUNSEL’S DIGEST

AB 430, as amended, Olsen. Teacher evaluation: Teacher Professional Growth Plan.

(1) Existing law states the intent of the Legislature that governing boards of school districts establish a uniform system of evaluation and assessment of the performance of all certificated personnel within each school district of the state. Existing law requires the governing board of 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 on a continuing basis as it reasonably relates to (A) the progress of pupils toward the established standards and, if applicable, the state adopted academic content standards as measured by state adopted criterion referenced assessments, (B) the instructional techniques and strategies used by the employee, (C) the employee’s adherence to curricular objectives, and (D) the establishment and maintenance of a suitable learning environment, within the scope of the employee’s responsibilities.

Existing law authorizes a school district to dismiss a permanent certificated employee for unsatisfactory performance, among other reasons.

This bill would establish the Teacher Professional Growth Plan for all school districts, to commence with the 2015-16 school year. The bill would authorize the governing board of a school district and the exclusive representative of the certificated employees of the school district to meet and confer regarding the establishment of an alternative teacher evaluation systembegin insert that includes value-added assessment measures, classroom observation, and teacher inputend insert. If the parties do not agree upon an alternative teacher evaluation system, the bill would require the governing board of the school district to conduct evaluations of certificated employees pursuant to specified requirements, including requiring (A) all certificated employees, including those with permanent status, to be evaluated annually, (B) 50% of an evaluation to be based on the academic growth experienced by pupils taught by the certificated employee being evaluated and 50% based on classroom observations conducted by peers and the principal of the school, and (C) certificated employees to be evaluated as exemplary, effective, developing, or needing improvement.

The bill would require that evaluation system also to provide that a certificated employee with permanent status who is evaluated after one year as needing improvement lose permanent status and be placed on probation. The bill would require the governing boardbegin insert of the school districtend insert to provide that employee with professional training and development. The bill would require renewal of permanent status if the employee is no longer evaluated as needing improvement the following year, otherwise, the employee would remain on probation for a 2nd year. If the employee continues to need improvement at the end of the 2nd year on probation, the bill would require the school district to dismiss the certificated employee, as provided.

By placing new requirements on school districts regarding teacher evaluation, the bill would impose a state-mandated local program.

(2) 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:

P3    1

SECTION 1.  

Article 3.3 (commencing with Section 44475) is
2added to Chapter 3 of Part 25 of Division 3 of Title 2 of the 3Education Code, to read:

4 

5Article 3.3.  Teacher Professional Growth Plan
6

 

7

44475.  

There is hereby established the Teacher Professional
8Growth Plan. The plan shall commence with the 2015-16 school
9year and shall be conducted at all school districts. This article shall
10supersede existing provisions governing the evaluation of
11certificated employees that conflict with this article.

12

44476.  

(a) The governing board of a school district and the
13exclusive representative of the certificated employees of the school
14district may meet and confer regarding the establishment of an
15alternative teacher evaluation system. If the two parties reach an
16agreement by January 1, 2015, the governing board of the school
17district shall adopt the agreement by July 1, 2015. If the parties do
18not reach an agreement, the governing board of the school district
19shall conduct evaluations of certificated employees pursuant to
20Section 44477. If the parties agree upon an alternative teacher
21evaluation system, the governing board of the school district shall
22usebegin delete theend deletebegin insert thatend insert evaluation system.

23(b) begin insert(1)end insertbegin insertend insert An alternative teacher evaluation system agreement
24adopted pursuant to subdivision (a)begin delete mayend deletebegin insert shallend insert include the
25following:

begin delete

26(1)

end delete

27begin insert(A)end insert Both value-added assessment measures and classroom
28observation. The value-added assessment measures shall comprise
29begin deleteof end deleteat least one-third of the alternative teacher evaluation system.

begin delete

30(2) Student surveys.

end delete
begin delete

31(3) Parent surveys.

end delete
begin delete

32(4)

end delete

33begin insert(B)end insert Teacher input, including, but not limited to, self assessments
34and teacher portfolios.

begin insert

35(2) In addition to the requirements of paragraph (1), an
36alternative teacher evaluation system agreement adopted pursuant
37to subdivision (a) may also include the following:

end insert
begin insert

38(A) Student surveys.

end insert
begin insert

P4    1(B) Parent surveys.

end insert
2

44477.  

If the exclusive representative of the certificated
3employees and the governing board of a school district do not
4reach an agreement as described in Section 44476, the governing
5board of the school district shall conduct evaluations of certificated
6employees pursuant to the following requirements:

7(a) All certificated employees, including those with permanent
8status, shall be evaluated annually.

9(b) Fifty percent of an evaluation shall be based on the academic
10growth experienced by pupils taught by the certificated employee
11being evaluated, as measured by assessments administered at the
12beginning and end of the same school year.

13(c) Fifty percent of an evaluation shall be based on classroom
14observations conducted by peers and the principal of the school
15in which the evaluation takes place.

16(d) A certificated employee shall be evaluated as exemplary,
17effective, developing, or needing improvement.

18(e) If it is determined after one year that a certificated employee
19with permanent status needs improvement, that employee shall
20lose permanent status and be placed on probation. While on
21probation, the governing board of the school district shall provide
22that employee with professional training and development, as the
23governing board determines appropriate.

24(f) The permanent status of a certificated employee placed on
25probation pursuant to this section shall be renewed if it is
26determined in the following year that the employee no longer needs
27improvement. If the employee continues to need improvement the
28following year, the employee shall remain on probation for a
29second year.

30(g) The permanent status of a certificated employee who remains
31on probation for a second year shall be renewed if it is determined
32at the end of the second year on probation that the employee no
33longer needs improvement. If the employee continues to need
34improvement at the end of the second year on probation, the school
35district shall dismiss the certificated employee. Existing provisions
36governing the dismissal of permanent certificated employees shall
37apply.

38

SEC. 2.  

If the Commission on State Mandates determines that
39this act contains costs mandated by the state, reimbursement to
40local agencies and school districts for those costs shall be made
P5    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.



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