Bill Text: CA AB2826 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Teachers: evaluation and assessment.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Vetoed) 2016-09-30 - Vetoed by Governor. [AB2826 Detail]

Download: California-2015-AB2826-Amended.html

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BILL NUMBER: AB 2826	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2016
	AMENDED IN ASSEMBLY  APRIL 12, 2016

INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 19, 2016

   An act to  amend Section 33039 of, and to add Article 14
(commencing with Section 44673) to Chapter 3 of Part 25 of Division 3
of Title 2 of,   add Se   ction 44662.3 to
 the Education Code, relating to teachers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2826, as amended, Weber. Teachers:  evaluation.
  evaluation and assessment.  
   (1) Existing 
    Existing  law requires the State Board of Education to
develop guidelines that school districts may use in the development
of certain teacher evaluation procedures and to distribute those
guidelines to every school district. 
   This bill would require the development of those guidelines to
comply with the Administrative Procedure Act.  
   (2) Existing 
    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
specified matters, including  pupil progress, as provided.
  the progress of pupils, as provided, instructional
techniques and strategies, and adherence to curricular objectives.
 Existing law authorizes the governing board of a school
district to develop and adopt additional evaluation and assessment
guidelines or criteria.
   This bill would  provide, if applicable, that multiple
measures of pupil progress, pupil academic growth, pupil achievement,
and pupil outcomes as used for certain purposes of evaluating and
assessing certificated employee performance may include specified
sources.   specifically authorize and encourage the
evaluation and assessment of certificated employee performance as it
reasonably relates to the progress of pupils, instructional
techniques and strategies, and adherence to curricular objectives to
include certain things, as provided. The bill would also provide that
its provisions shall not be construed as to require the state board
to revise its guidelines.  
   The bill would require an employing authority to use a minimum of
3 rating levels of professional achievement for evaluation and
assessment of certificated employees, as provided.  

   By imposing additional duties on school districts, this bill would
impose a state-mandated local program.  
   (3) Existing law requires an evaluation to include
recommendations, if necessary, as to areas of improvement in the
performance of the employee. Existing law authorizes these
evaluations to include a requirement that the employee participate in
a specified program if a permanent certificated employee receives an
unsatisfactory evaluation.  
   This bill would instead require a certificated employee, if that
employee receives a specified rating level of professional
achievement for evaluation and assessment, to participate in the
California Peer Assistance and Review Program for Teachers if the
school district participates in that program. The bill would require,
in order to endeavor to assist the employee in areas of improvement,
the school district to, at minimum, consider the employee's
eligibility for professional development identified in the school
district and the school's applicable local control and accountability
plan, and prioritize the employee's eligibility for professional
development, as provided. By expanding the duties of a school
district, the bill would impose a state-mandated local program.
 
    (4) 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
  no  . State-mandated local program:  yes
  no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 44662.3 is added to the 
 Education Code   , to read:  
   44662.3.  (a) For purposes of this article, the following phrases
may include, but shall not be limited to, the following:
   (1) "Progress of pupils" may include the following multiple
measures:
   (A) State-adopted formative and summative criterion referenced
assessments.
   (B) School district, school, or department-developed assessments.
   (C) Curriculum-based and end-of-course assessments.
   (D) Pretest and posttest data.
   (E) Interim, periodic, benchmark, and formative assessments.
   (F) English language proficiency assessments.
   (G) Assessments measuring progress in an individualized education
program.
   (H) Advanced placement, International Baccalaureate, and college
preparedness examinations.
   (I) A-G coursework completion.
   (J) Industry-recognized career technical education assessments and
program completion.
   (K) Portfolios of pupils' work, projects, and performances
redacted of personally identifiable pupil information.
   (L) Surveys from parents, if approved in advance by the
certificated employee.
   (M) Surveys from pupils, if approved in advance by the
certificated employee.
   (N) Written reports from classroom observations.
   (O) Progress on outcomes described in the local control and
accountability plan pursuant to paragraphs (4) and (8) of subdivision
(d) of Section 52060.
   (2) "Instructional techniques and strategies" may include the
following:
   (A) Engaging and supporting all pupils in learning.
   (B) Planning instruction and designing learning experiences for
all pupils.
   (C) Using pupil assessment information to inform instruction and
improve learning.
   (3) "Adherence to curricular objectives" may include:
   (A) Understanding and organizing subject matter for pupil
learning.
   (B) Developing as a professional educator.
   (b) The Legislature encourages school districts to utilize the
options specified in paragraphs (1) to (3), inclusive, of subdivision
(a) in carrying out the requirements of subdivision (b) of Section
44662.
   (c) This section shall not be construed as to require the state
board to revise the guidelines developed pursuant to Section 33039.
 
  SECTION 1.    Section 33039 of the Education Code
is amended to read:
   33039.  The state board shall develop guidelines that school
districts may use in the development of teacher evaluation procedures
pursuant to Article 11 (commencing with Section 44660) of Chapter 1
of Part 25 of Division 3, and shall distribute the guidelines to
every school district. The development of these guidelines shall
comply with the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).  
  SEC. 2.    Article 14 (commencing with Section
44673) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of
the Education Code, to read:

      Article 14.  Common Evaluation System Provisions


   44673.  If applicable, multiple measures of pupil progress, pupil
academic growth, pupil achievement, and pupil outcomes as used in
this chapter for purposes of evaluating and assessing certificated
employee performance may include, but shall not necessarily be
limited to, any of the following sources:
   (a) State-adopted formative and summative criterion referenced
assessments.
   (b) School district, school, or department-developed assessments.
   (c) Curriculum-based and end-of-course assessments.
   (d) Pretest and posttest data.
   (e) Interim, periodic, benchmark, and formative assessments.
   (f) English language proficiency assessments.
   (g) Assessments measuring progress in an individualized education
program.
   (h) Advance placement, international baccalaureate, and college
preparedness examinations.
   (i) A-G coursework completion.
   (j) Industry-recognized career technical education assessments and
program completion.
   (k) Portfolios of pupils' work, projects, and performances
redacted of personally identifiable pupil information.
   (l) Surveys from parents, if approved in advance by the
certificated employee.
   (m) Surveys from pupils, if approved in advance by the
certificated employee.
   (n) Written reports from classroom observations.
   (o) Progress on outcomes described in the local control and
accountability plan pursuant to paragraphs (4) and (8) of subdivision
(d) of Section 52060.
   44673.5.  (a) The employing authority shall use a minimum of three
rating levels of professional achievement for evaluation and
assessment of certificated employees pursuant to this chapter.
   (b) At least two rating levels shall identify certificated
employees who meet either of the following:
   (1) Meeting or exceeding standards.
   (2) (A) Needing additional support, training, or assistance.
   (B) This rating level shall not be used as the basis for
"unsatisfactory performance" for purposes of subdivision (b) of
Section 44664 or for purposes of Section 44932.
   44674.  (a) If a school district participates in the California
Peer Assistance and Review Program for Teachers established pursuant
to Article 4.5 (commencing with Section 44500), a certificated
employee who receives the rating described by paragraph (2) of
subdivision (b) of Section 44673.5 on an evaluation performed
pursuant to Section 44664 shall participate in the California Peer
Assistance and Review Program for Teachers.
   (b) Notwithstanding any other law, in endeavoring to assist the
employee as mandated by Article 11 (commencing with Section 44660)
and Article 13 (commencing with Section 44670), the school district
shall, at a minimum, consider the employee's eligibility for
professional development identified in the school district and the
school's applicable local control and accountability plan, and
prioritize the employee's eligibility for any professional
development supported by one-time or ongoing funds appropriated by
the Legislature in the annual Budget Act, including professional
development in the state academic content standards adopted by the
state board, and training on services to English learners to access
the common core academic content standards adopted pursuant to
Section 60605.8 and the English language development standards
adopted pursuant to former Section 60811.3, as that section read on
June 30, 2013, or Section 60811.4.  
  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.