Bill Text: CA SB257 | 2011-2012 | Regular Session | Amended
Bill Title: Certificated school employees: evaluation and assessment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-07-06 - Set, first hearing. Hearing canceled at the request of author. [SB257 Detail]
Download: California-2011-SB257-Amended.html
BILL NUMBER: SB 257 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 25, 2011
AMENDED IN SENATE MARCH 21, 2011
INTRODUCED BY Senator Liu
FEBRUARY 10, 2011
An act to amend Section 44663 Sections
44661.5 and 44662 of the Education Code, relating to
certificated school employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 257, as amended, Liu. Certificated school employees:
evaluation and assessment.
(1) Existing law provides that when developing and adopting
objective evaluation and assessment guidelines for certificated
employees, 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
certain standards.
This bill would encourage these evaluation and assessment
guidelines to include 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.
Existing
(2) Existing law requires the
governing board of a school district to evaluate and assess the
performance of certificated employees as it reasonably relates to the
progress of pupils towards the standards of expected pupil
achievement established by the governing board, the instructional
techniques and strategies used by the employee, the employee's
adherence to curricular objectives, and the establishment of a
suitable learning environment. Existing law requires that an
evaluation and assessment made pursuant to these provisions be
reduced to writing and a copy be transmitted to the certificated
employee not later than 30 days before the last schoolday scheduled
on the school calendar adopted by the governing board for the school
year in which the evaluation takes place.
Existing law requires that for a certificated noninstructional
employee who is employed on a 12-month basis, a copy of this
evaluation and assessment be transmitted to the employee no later
than June 30 of the year in which the evaluation and assessment is
made.
This bill would change this date from June 30 to July 1.
This bill would authorize school districts to incorporate
additional criteria into the evaluation of certificated employees,
including: (A) pupil progress during a school year or, as applicable,
during multiple school years, toward statewide academic content
standards or common core academic standards in language arts and
mathematics, comprising no more than 25% of the evaluation; and (B)
pupil and parent or guardian input, comprising no more than 5% of the
evaluation. The bill would authorize a school district, prior to
issuing a final evaluation, to conduct multiple observations by
trained evaluators and peers with the opportunity for constructive
feedback and professional development.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is 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, as well as teams of teachers,
administrators, and district systems that are 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 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, including a clear and improved
method for dismissal of administrators and teachers who do not make
improvements or meet the expectations of the process.
(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 evaluation and
assessment, including, but not limited to, training in evaluation
methods and processes.
SEC. 2. Section 44663 of the Education Code is
amended to read:
44663. (a) Evaluation and assessment made pursuant to this
article shall be reduced to writing and a copy thereof shall be
transmitted to the certificated employee not later than 30 days
before the last schoolday scheduled on the school calendar adopted by
the governing board for the school year in which the evaluation
takes place. The certificated employee shall have the right to
initiate a written reaction or response to the evaluation. This
response shall become a permanent attachment to the employee's
personnel file. Before the last schoolday scheduled on the school
calendar adopted by the governing board for the school year, a
meeting shall be held between the certificated employee and the
evaluator to discuss the evaluation.
(b) In the case of a certificated noninstructional employee, who
is employed on a 12-month basis, the evaluation and assessment made
pursuant to this article shall be reduced to writing and a copy
thereof shall be transmitted to the certificated employee no later
than July 1 of the year in which the evaluation and assessment is
made. A certificated noninstructional employee, who is employed on a
12-month basis, shall have the right to initiate a written reaction
or response to the evaluation. This response shall become a permanent
attachment to the employee's personnel file. Before July 30 of the
year in which the evaluation and assessment takes place, a meeting
shall be held between the certificated employee and the evaluator to
discuss the evaluation and assessment.
SEC. 2. Section 44661.5 of the
Education Code is amended to read:
44661.5. 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.
Additionally, these evaluation and assessment guidelines are
encouraged to include 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.
SEC. 3. 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) In addition to the criteria measured pursuant to subdivision
(b), a school district may evaluate and assess certificated employee
performance according to the following:
(1) As it reasonably relates to the progress of pupils toward the
statewide academic content standards adopted pursuant to Section
60605 or the common core academic standards in language arts and
mathematics adopted pursuant to Section 60605.8. If a school district
elects to evaluate certificated employees pursuant to this
paragraph, pupil data used pursuant to this paragraph shall not
constitute more than 25 percent of the total evaluation, and the
progress of pupils toward the standards shall be measured by the
following:
(A) Pupil progress and growth during the school year, and, if
applicable, multiple school years. It is 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 school district.
(2) Pupil and parent or guardian input, as appropriate. For
purposes of this paragraph, the governing board of a school district
may develop grade-level and subject-appropriate surveys on
certificated employees. Data attained pursuant to this paragraph
shall not constitute more than 5 percent of the total evaluation.
(c)
(d) 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)
(e) 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)
(f) The evaluation and assessment of certificated
employee performance pursuant to this section shall not include the
use of publishers' norms established by standardized tests.
(g) Prior to issuing a final evaluation, the school district may
conduct multiple observations by trained evaluators and peers with
the opportunity for constructive feedback and professional
development.
(f)
(h) 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.
