Bill Text: CA AB5 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Teachers: best practices teacher evaluation system.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-08-30 - From committee: Return to Senate floor for consideration. (Ayes 6. Noes 2.) (August 29). Ordered to third reading. [AB5 Detail]

Download: California-2011-AB5-Amended.html

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BILL NUMBER: AB 5	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 27, 2011
	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.   An act to amend Section 44661.5 of, and to
amend and add Sections 44660, 44661, 44662, and 44664 of, the
Education Code, relating to teachers. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 5, as amended, Fuentes.  Certificated school employees:
performance  Teachers   :   best
practices teacher  evaluation. 
   Existing law states the intent of the Legislature that school
district governing boards 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 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, the instructional techniques and
strategies used by the employee, the employee's adherence to
curricular objectives, and the establishment and maintenance of a
suitable learning environment, within the scope of the employee's
responsibilities.  
   This bill would provide that the provisions described above would
become inoperative on July 1 of the first fiscal year following the
fiscal year in which the deficit factor, as specified, is reduced to
zero. The bill would state findings and declarations of the
Legislature regarding the nature of effective teachers and of the
teaching profession. Commencing on July 1 of the first fiscal year
following the fiscal year in which the deficit factor, as specified,
is reduced to zero, the bill would require the governing board of
each school district to adopt and implement a locally negotiated best
practices teacher evaluation system, described as one in which each
teacher is evaluated on a continuing basis on the degree to which he
or she accomplishes specific objectives and multiple observations of
instructional and other professional practices are conducted by
trained evaluators.  
   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.    Section 44660 of the  
Education Code   is amended to read: 
   44660.   (a)    It is 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 of the state, including schools
conducted or maintained by county superintendents of education. The
system shall involve the development and adoption by each school
district of objective evaluation and assessment guidelines which may,
at the discretion of the governing board, be uniform throughout the
district or, for compelling reasons, be individually developed for
territories or schools within the district, provided that all
certificated personnel of the district shall be subject to a system
of evaluation and assessment adopted pursuant to this article.

   This 
    (b)     This  article does not apply
to certificated personnel who are employed on an hourly basis in
adult education classes. 
   (c) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 2.    Section 44660 is added to the  
Education Code   , to read:  
   44660.  (a) The Legislature finds and declares all of the
following:
   (1) Teaching is a professional endeavor, in which effective
practice is driven by an understanding of knowledge in the field and
a commitment to all pupils and their families.
   (2) Excellent teaching requires knowledge, skills, artistry,
passion, and commitment.
   (3) Effective teachers integrate ethical concern for children and
society, extensive subject matter competence, thoughtfully selected
pedological practices, and a depth of knowledge about their pupils,
including knowledge of child and adolescent development and learning,
an understanding of their individual strengths, interests, and
needs, and knowledge about their families and communities.
   (4) Effective teachers share a common set of professional and
ethical obligations that includes a profound and fundamental
commitment to the growth and success of the individual pupils in
their care as well as to the strengthening and continual
revitalization of our democratic society.
   (b) The Legislature further finds and declares that the primary
purpose of an evaluation system is to ensure that teachers meet the
highest professional standards of effective teaching, thereby
resulting in high levels of pupil learning.
   (c) This section shall become  operative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 3.    Section 44661 of the   Education
Code   is amended to read: 
   44661.   (a)    In the development and adoption
of guidelines and procedures pursuant to this article, the governing
board shall avail itself of the advice of the certificated
instructional personnel in the district's organization of
certificated personnel; provided, however, that the development and
adoption of guidelines pursuant to this article shall also be subject
to the provisions of Article 1 (commencing with Section 7100) of
Chapter 2 of Part 5 of Division 1 of Title 1. 
   (b) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 4.    Section 44661 is added to the  
Education Code   , to read:  
   44661.  (a) The governing board of each school district shall
adopt and implement a best practices teacher evaluation system as set
forth in this article.
   (b) The best practices teacher evaluation system required to be
adopted pursuant to this article shall be locally negotiated pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code. 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.
   (c) This section shall become operative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 5.    Section 44661.5 of the  
Education Code   is amended to read: 
   44661.5.   (a)    When developing and adopting
objective evaluation and assessment guidelines pursuant to Section
44660, a school district may, by mutual agreement between the
exclusive representative of the certificated employees of the school
district and the governing board of the school district, include any
objective standards from the National Board for Professional Teaching
Standards or any objective standards from the California Standards
for the Teaching Profession if the standards to be included are
consistent with this article. If the certificated employees of the
school district do not have an exclusive representative, the school
district may adopt objective evaluation and assessment guidelines
consistent with this section.

   (b) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 6.    Section 44662 of the   Education
Code   is amended to read: 
   44662.  (a) The governing board of each school district shall
establish standards of expected pupil achievement at each grade level
in each area of study.
   (b) The governing board of each school district shall evaluate and
assess certificated employee performance as it reasonably relates
to:
   (1) The progress of pupils toward the standards established
pursuant to subdivision (a) and, if applicable, the state adopted
academic content standards as measured by state adopted criterion
referenced assessments.
   (2) The instructional techniques and strategies used by the
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.
   (c) The governing board of each school district shall establish
and define job responsibilities for certificated noninstructional
personnel, including, but not limited to, supervisory and
administrative personnel, whose responsibilities cannot be evaluated
appropriately under the provisions of subdivision (b) and shall
evaluate and assess the performance of those noninstructional
certificated employees as it reasonably relates to the fulfillment of
those responsibilities.
   (d) Results of an employee's participation in the Peer Assistance
and Review Program for Teachers established by Article 4.5
(commencing with Section 44500) shall be made available as part of
the evaluation conducted pursuant to this section.
   (e) The evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publishers' norms established by standardized tests.
   (f) Nothing in this section shall be construed as in any way
limiting the authority of school district governing boards to develop
and adopt additional evaluation and assessment guidelines or
criteria. 
   (g) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 7.    Section 44662 is added to the  
Education Code   , to read:  
   44662.  (a) A best practices teacher evaluation system has the
following attributes:
   (1) Each teacher is evaluated on the degree to which he or she
accomplishes the following objectives:
   (A) Engages and supports all pupils in learning, evidence of which
may include, but is not limited to, evidence of high expectations
and active pupil engagement for each pupil.
   (B) Creates and maintains effective environments for pupil
learning.
   (C) Understands and organizes subject matter for pupil learning,
evidence of which may include, but is not limited to, extensive
subject matter, content standards, and curriculum competence.
   (D) Plans instruction and designs learning experiences for all
pupils, evidence of which may include, but is not limited to, use of
differentiated instruction and practices based upon pupil progress
and use of culturally responsive instruction, including, but not
limited to, incorporation of multicultural information and content
into the delivery of curriculum, to eliminate the achievement gap.
   (E) Uses pupil assessment information to inform instruction and to
improve learning, evidence of which shall include, but is not
limited to, use of formative and summative assessments to adjust
instructional practices to meet the needs of individual pupils. For
certified employees who directly instruct English learner pupils in
acquiring English language fluency, the assessment information shall
include the results of assessments adopted pursuant to Chapter 7
(commencing with Section 60810) of Part 33 of Division 4.
   (F) Develops as a professional educator, evidence of which may
include, but is not limited to, consistent and positive relationships
with pupils, parents, staff, and administrators, use of
collaborative professional practices for improving instructional
strategies, participation in identified professional growth
opportunities, and use of meaningful self-assessment to improve as a
professional educator.
   (G) Contributes to pupil academic growth based upon multiple
measures, which may include, but are not limited to, classroom work,
local and state academic assessments, and pupil grades, classroom
participation, presentations and performances, and projects and
portfolios. Measures used for assessing pupil academic growth shall
be valid and reliable for the purpose of teacher evaluation, provided
that the evaluation and assessment of certificated employee
performance pursuant to this section shall not include the use of
publisher's norms established by standardized tests. For certificated
employees who directly instruct English learner pupils in acquiring
English, measures shall include the degree to which pupils acquire
the English language development standards adopted pursuant to
Section 60811 for the purpose of improving a pupil's English
proficiency. Pupil data used for purposes of teacher evaluation shall
be confidential in the same manner as all other elements of a
teacher's personnel file.
   (2) Multiple observations of instructional and other professional
practices are conducted by evaluators who have received appropriate
training and who have demonstrated competence in teacher evaluation,
as determined by the school district.
   (A) Multiple observations may include, but are not limited to,
classroom observations, one-on-one discussions, and review of
classroom materials and course of study.
   (B) Observations shall be conducted using a uniform evaluation
tool.
   (C) Prior to each observation, the observer shall meet with the
teacher to discuss the purpose of the observation.
   (D) After each observation, the observer shall meet with the
teacher to discuss recommendations, as necessary, with regard to
areas of improvement in the performance of the teacher.
   (b) This section shall not be interpreted to prohibit a locally
negotiated evaluation process from designating certificated employees
to conduct, or participate in, evaluations of other certificated
employees for purposes of determining needs for professional
development or providing corrective advice for the certificated
employee being evaluated. A certificated employee who conducts, or
participates in, an evaluation pursuant to this article shall not be
deemed to be exercising a management or supervisory function as
defined by subdivision (g) or (m) of Section 3540.1 of the Government
Code.
   (c) This section shall become operative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 8.    Section 44664 of the   Education
Code   is amended to read: 
   44664.  (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:

   (1) At least once each school year for probationary personnel.
   (2) At least every other year for personnel with permanent status.

   (3) At least every five years for personnel with permanent status
who have been employed at least 10 years with the school district,
are highly qualified, if those personnel occupy positions that are
required to be filled by a highly qualified professional by the
federal No Child Left Behind Act of 2001 (20 U.S.C. Sec. 6301
 ,  et seq.), as defined in  20 U.S.C. Sec.
7801   Section 7801 of Title 20 of   the United
States Code  , and whose previous evaluation rated the employee
as meeting or exceeding standards, if the evaluator and certificated
employee being evaluated agree. The certificated employee or the
evaluator may withdraw consent at any time.
   (b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the employee. If an
employee is not performing his or her duties in a satisfactory manner
according to the standards prescribed by the governing board, the
employing authority shall notify the employee in writing of that fact
and describe the unsatisfactory performance. The employing authority
shall thereafter confer with the employee making specific
recommendations as to areas of improvement in the employee's
performance and endeavor to assist the employee in his or her
performance. If any permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the employee until the employee achieves a positive
evaluation or is separated from the district.
   (c) Any evaluation performed pursuant to this article which
contains an unsatisfactory rating of an employee's performance in the
area of teaching methods or instruction may include the requirement
that the certificated employee shall, as determined necessary by the
employing authority, participate in a program designed to improve
appropriate areas of the employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority. If a district participates in the Peer Assistance and
Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), any certificated employee who
receives an unsatisfactory rating on an evaluation performed pursuant
to this section shall participate in the Peer Assistance and Review
Program for Teachers.
   (d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board. 
   (e) This section shall become inoperative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 9.    Section 44664 is added to the  
Education Code   , to read:  
   44664.  (a) Evaluation and assessment of the performance of each
certificated employee shall be made on a continuing basis as follows:

   (1) At least once each school year for probationary personnel.
   (2) At least every other year for personnel with permanent status.

   (3) Except as may be provided in the best practices teacher
evaluation system locally negotiated pursuant to subdivision (b) of
Section 44661, at least every three years for personnel with
permanent status who have been employed at least 10 years with the
school district, are highly qualified, if those personnel occupy
positions that are required to be filled by a highly qualified
professional by the federal No Child Left Behind Act of 2001 (20
U.S.C. Sec. 6301 et seq.), as defined in Section 7801 of Title 20 of
the United States Code, and whose previous evaluation rated the
employee as meeting or exceeding standards, if the evaluator and
certificated employee being evaluated agree. The certificated
employee or the evaluator may withdraw consent at any time.
   (b) The evaluation shall include recommendations, if necessary, as
to areas of improvement in the performance of the employee. If an
employee is not performing his or her duties in a satisfactory manner
according to the standards prescribed by the governing board, the
employing authority shall notify the employee in writing of that fact
and describe the unsatisfactory performance. The employing authority
shall thereafter confer with the employee making specific
recommendations as to areas of improvement in the employee's
performance and endeavor to assist the employee in his or her
performance. If any permanent certificated employee has received an
unsatisfactory evaluation, the employing authority shall annually
evaluate the employee until the employee achieves a positive
evaluation or is separated from the district.
   (c) Any evaluation performed pursuant to this article which
contains an unsatisfactory rating of an employee's performance in the
area of teaching methods or instruction may include the requirement
that the certificated employee shall, as determined necessary by the
employing authority, participate in a program designed to improve
appropriate areas of the employee's performance and to further pupil
achievement and the instructional objectives of the employing
authority. If a district participates in the Peer Assistance and
Review Program for Teachers established pursuant to Article 4.5
(commencing with Section 44500), any certificated employee who
receives an unsatisfactory rating on an evaluation performed pursuant
to this section shall participate in the Peer Assistance and Review
Program for Teachers.
   (d) Hourly and temporary hourly certificated employees, other than
those employed in adult education classes who are excluded by the
provisions of Section 44660, and substitute teachers may be excluded
from the provisions of this section at the discretion of the
governing board.
   (e) This section shall become operative on July 1 of the first
fiscal year following the fiscal year in which the deficit factor set
forth in Section 42238.146 is reduced to zero. 
   SEC. 10.    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.  
  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
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 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.