SB 499: Teachers: best practices teacher evaluation system: school administrator evaluation.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2015-06-02
(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 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 employees adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employees responsibilities.
This bill would provide that the provisions described above would become inoperative on July 1, 2018. 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, 2018, the bill would require the governing board of each school district and each county board of education 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 that are conducted by trained evaluators. The bill would authorize the State Board of Education, in consultation with the Superintendent of Public Instruction and appropriate education stakeholder groups, to adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts and county offices of education, as specified. The bill would also require the governing board of each school district and each county board of education to establish and define job responsibilities for certificated, noninstructional employees whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system and to evaluate and assess their performance in relation to the fulfillment of those responsibilities. The bill would, on or before May 1, 2016, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, require the governing board of each school district and each county board of education, at a regularly scheduled public hearing, to seek comment on the development and implementation of the best practices teacher evaluation system, and, on or before May 1 of each year before local negotiations required by law, to seek comment on the best practices teacher evaluation system. The bill would require if, by mutual agreement between the school district or county office of education and the collective bargaining unit, an intermediate mid-year agreement is reached regarding a best practices teacher evaluation system, the negotiation timeline to allow time for the governing board of the school district or the county board of education to hold a public hearing to seek comment on the best practices teacher evaluation system. The bill also would require the governing board of each school district and each county board of education to disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing. The bill would provide that these provisions do not apply to certificated personnel who are employed on an hourly basis in adult education classes. The bill would also provide that the provisions of the best practices teacher evaluation system do not supersede or invalidate a teacher evaluation system that is locally negotiated and that is in effect at the time the best practices teacher evaluation system becomes operative. By imposing additional duties on school districts and county offices of education, this bill would impose a state-mandated local program.
(2)Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided, including at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as specified, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree.
This bill, commencing July 1, 2018, would require the evaluation and assessment of the above personnel at least every 3 years, except as locally negotiated and provided in the best practices teacher evaluation system. The bill would also require county offices of education to comply with these provisions. By requiring additional duties on school districts and county offices of education, this bill would impose a state-mandated local program.
(3)Existing law authorizes a school district to evaluate a school principal annually for the principals first and 2nd year of employment as a new principal and authorizes additional evaluations, as specified.
This bill would make those provisions inoperative on July 1, 2018, and, commencing July 1, 2018, would instead require the governing board of each school district and each county board of education to establish a system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. The bill would require the evaluation system to include certain attributes, including, but not limited to, promoting the success of all pupils, advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, and ensuring the management, organization, and operation of a safe and successful learning environment as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate. The bill would require the governing board of the school district and the county board of education to identify who will conduct the evaluation of each school administrator. By imposing additional duties on school district and county office of education officials, the bill would impose a state-mandated local program.
(4)Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the state board to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions.
This bill would add the above-mentioned provisions relating to teacher and school administrator evaluation to the list of provisions that may not be waived.
(5)This bill also would state the intent of the Legislature to provide adequate resources to train evaluators, continue robust beginning teacher induction programs, and support struggling educators.
(6)Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including a school district and a community college district, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law requires certain funds appropriated in the annual Budget Act for reimbursement of the cost of a new program or increased level of service of an existing program mandated by statute or executive order to be available as a block grant to school districts, county offices of education, and charter schools to support specified state-mandated local programs and permits those entities to elect to receive that block grant funding in lieu of claiming mandated costs pursuant to the state claims process.
This bill would, as of July 1, 2018, add the best practices teacher evaluation system and the school administrator evaluation system to the state-mandated local programs supported by the block grant funding.
(7)This bill would update cross-references and would make other nonsubstantive changes.
(8)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.
(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 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 employees adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employees responsibilities.
This bill would provide that the provisions described above would become inoperative on July 1, 2016. 2018. 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, 2016, 2018, the bill would require the governing board of each school district and each county board of education 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 that are conducted by trained evaluators. The bill would authorize the State Board of Education, in consultation with the Superintendent of Public Instruction and appropriate education stakeholder groups, to adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts, districts and county offices of education, as specified. The bill would also require the governing board of each school district and each county board of education to establish and define job responsibilities for certificated, noninstructional employees whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system and to evaluate and assess their performance in relation to the fulfillment of those responsibilities. The bill would, on or before May 1, 2016, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, require the governing board of each school district, district and each county board of education, at a regularly scheduled public hearing, to seek comment on the development and implementation of the best practices teacher evaluation system, and, on or before May 1 of each year before local negotiations required by law, to seek comment on the best practices teacher evaluation system. The bill would require if, by mutual agreement between the school district or county office of education and the collective bargaining unit, an intermediate mid-year agreement is reached regarding a best practices teacher evaluation system, the negotiation timeline to allow time for the governing board of the school district or the county board of education to hold a public hearing to seek comment on the best practices teacher evaluation system. The bill also would require the governing board of each school district and each county board of education to disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing. The bill would provide that these provisions do not apply to certificated personnel who are employed on an hourly basis in adult education classes. The bill would also provide that the provisions of the best practices teacher evaluation system do not supersede or invalidate a teacher evaluation system that is locally negotiated and that is in effect at the time the best practices teacher evaluation system becomes operative. By imposing additional duties on school districts, districts and county offices of education, this bill would impose a state-mandated local program. The bill would appropriate, for the 201617 fiscal year, an unspecified amount of money from the General Fund to the State Department of Education for allocation to school districts for the purpose of implementing the best practices teachers evaluation system, as specified, thereby making an appropriation.
(2)Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided, including at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as specified, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree.
This bill, commencing July 1, 2016, 2018, would require the evaluation and assessment of the above personnel at least every 3 years, except as locally negotiated and provided in the best practices teacher evaluation system. The bill would also require county offices of education to comply with these provisions. By requiring additional duties on school districts, districts and county offices of education, this bill would impose a state-mandated local program.
(3)Existing law authorizes a school district to evaluate a school principal annually for the principals first and 2nd year of employment as a new principal and authorizes additional evaluations, as specified.
This bill would repeal make those provisions and inoperative on July 1, 2018, and, commencing July 1, 2018, would instead require the governing board of each school district and each county board of education to establish a system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. The bill would require the evaluation system to include certain attributes, including, but not limited to, promoting the success of all pupils, advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, and ensuring the management, organization, and operation of a safe and successful learning environment as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate. The bill would require the governing board of a the school district and the county board of education to identify who will conduct the evaluation of each school administrator. By imposing additional duties on school district and county office of education officials, the bill would impose a state-mandated local program.
(4)Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the state board to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions.
This bill would add the above-mentioned provisions relating to teacher and school administrator evaluation to the list of provisions that may not be waived.
(5)This bill also would state the intent of the Legislature to provide adequate resources to train evaluators, continue robust beginning teacher induction programs, and support struggling educators.
(6)Under the California Constitution, whenever the Legislature or a state agency mandates a new program or higher level of service on any local government, including a school district and a community college district, the state is required to provide a subvention of funds to reimburse the local government, with specified exceptions. Existing law requires certain funds appropriated in the annual Budget Act for reimbursement of the cost of a new program or increased level of service of an existing program mandated by statute or executive order to be available as a block grant to school districts, county offices of education, and charter schools to support specified state-mandated local programs and permits those entities to elect to receive that block grant funding in lieu of claiming mandated costs pursuant to the state claims process.
This bill would, as of July 1, 2018, add the best practices teacher evaluation system and the school administrator evaluation system to the state-mandated local programs supported by the block grant funding.
(5)
(7)This bill would update cross-references and would make other nonsubstantive changes.
(6)
(8)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.
(7)Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
(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 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 employees adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employees responsibilities.
This bill would provide that the provisions described above would become inoperative on July 1, 2016. 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, 2016, 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 that are conducted by trained evaluators. The bill would authorize the state board, State Board of Education, in consultation with the Superintendent of Public Instruction and appropriate education stakeholder groups, to adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts, as specified. The bill would also require the governing board of each school district to establish and define job responsibilities for certificated, noninstructional employees whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system and to evaluate and assess their performance in relation to the fulfillment of those responsibilities. The bill would, on or before May 1, 2016, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, require the governing board of each school district, at a regularly scheduled public hearing, to seek comment on the development and implementation of the best practices teacher evaluation system, and, on or before May 1 of each year prior to before local negotiations required by law, to seek comment on the best practices teacher evaluation system. The bill would require if, by mutual agreement between the school district and the collective bargaining unit, an intermediate mid-year agreement is reached regarding a best practices teacher evaluation system, the negotiation timeline to allow time for the governing board of the school district to hold a public hearing to seek comment on the best practices teacher evaluation system. The bill also would require the governing board of each school district to disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing. The bill would provide that these provisions do not apply to certificated personnel who are employed on an hourly basis in adult education classes. The bill would also provide that the provisions of the best practices teacher evaluation system do not supersede or invalidate a teacher evaluation system that is locally negotiated and that is in effect at the time the best practices teacher evaluation system becomes operative. By imposing additional duties on school districts, this bill would impose a state-mandated local program. The bill would appropriate, for the 201617 fiscal year, an unspecified amount of money from the General Fund to the State Department of Education for allocation to school districts for the purpose of implementing the best practices teachers evaluation system, as specified, thereby making an appropriation.
(2)Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided, including at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as specified, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree.
This bill, commencing July 1, 2016, would require the evaluation and assessment of the above personnel at least every 3 years, except as locally negotiated and provided in the best practices teacher evaluation system. By requiring additional duties on school districts, this bill would impose a state-mandated local program.
(3)Existing law authorizes a school district to evaluate a school principal annually for the principals first and 2nd year of employment as a new principal and authorizes additional evaluations, as specified.
This bill would repeal those provisions and would instead require the governing board of each school district to establish a system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. The bill would require the evaluation system to include certain attributes, including, but not limited to, promoting the success of all pupils, advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, and ensuring the management, organization, and operation of a safe and successful learning environment as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate. The bill would require the governing board of a school district to identify who will conduct the evaluation of each school administrator. By imposing additional duties on school district officials, the bill would impose a state-mandated local program.
(4)Existing law authorizes the governing board of a school district or a county board of education, as specified, after a public hearing on the matter, to request the state board to waive all or part of any section of the Education Code or any regulation adopted by the state board that implements a provision of the Education Code that may be waived, except for specified provisions.
This bill would add the above-mentioned provisions relating to teacher and school administrator evaluation to the list of provisions that may not be waived.
(3)
(5)This bill would update cross-references and would make other nonsubstantive changes.
(4)
(6)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.
(5)
(7)Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
(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 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 employees adherence to curricular objectives, and the establishment and maintenance of a suitable learning environment, within the scope of the employees responsibilities.
This bill would provide that the provisions described above would become inoperative on July 1, 2016. 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, 2016, 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 that are conducted by trained evaluators. The bill would authorize the state board, in consultation with the Superintendent of Public Instruction and appropriate education stakeholder groups, to adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts, as specified. The bill would also require the governing board of each school district to establish and define job responsibilities for certificated, noninstructional employees whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system and to evaluate and assess their performance in relation to the fulfillment of those responsibilities. The bill would, on or before May 1, 2016, require the governing board of each school district, at a regularly scheduled public hearing, to seek comment on the development and implementation of the best practices teacher evaluation system, and, on or before May 1 of each year prior to local negotiations required by law, to seek comment on the best practices teacher evaluation system. The bill also would require the governing board of each school district to disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing. The bill would provide that these provisions do not apply to certificated personnel who are employed on an hourly basis in adult education classes. The bill would also provide that the provisions of the best practices teacher evaluation system do not supersede or invalidate a teacher evaluation system that is locally negotiated and that is in effect at the time the best practices teacher evaluation system becomes operative. By imposing additional duties on school districts, this bill would impose a state-mandated local program. The bill would appropriate, for the 201617 fiscal year, an unspecified amount of money from the General Fund to the State Department of Education for allocation to school districts for the purpose of implementing the best practices teachers evaluation system, as specified, thereby making an appropriation.
(2)Existing law requires that an evaluation and assessment of the performance of a certificated employee be made on a continuing basis, as provided, including at least every 5 years for personnel with permanent status who have been employed at least 10 years with the school district, are highly qualified, as specified, and whose previous evaluation rated the employee as meeting or exceeding standards, if the evaluator and certificated employee being evaluated agree.
This bill, commencing July 1, 2016, would require the evaluation and assessment of the above personnel at least every 3 years, except as locally negotiated and provided in the best practices teacher evaluation system. By requiring additional duties on school districts, this bill would impose a state-mandated local program.
(3)This bill would update cross-references and would make other nonsubstantive changes.
(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.
(5)Funds appropriated by this bill would be applied toward the minimum funding requirements for school districts and community college districts imposed by Section 8 of Article XVI of the California Constitution.
(a)The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the state board to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, except:
(1)Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10 of Division 1 of Title 1.
(2)Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1.
(3)Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1.
(4)Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000) of Division 1 of Title 1.
(5)Section 35735.1.
(6)Paragraph (8) of subdivision (a) of Section 37220.
(7)The following provisions of Part 10.5 (commencing with Section 17210) of Division 1 of Title 1:
(A)Chapter 1 (commencing with Section 17210).
(B)Article 1 (commencing with Section 17251) to Article 6 (commencing with Section 17365), inclusive, of Chapter 3.
(C)Sections 17416 to 17429, inclusive; Sections 17459 and 17462; subdivision (a) of Section 17464; and Sections 17582 to 17591, inclusive.
(8)The following provisions of Part 24 (commencing with Section 41000) of Division 3.
(A)Sections 41000 to 41360, inclusive.
(B)Sections 41420 to 41423, inclusive.
(C)Sections 41600 to 41863, inclusive.
(D)Sections 41930 to 42850, inclusive.
(9)Sections 44504 and 44505.
(10)Article 11 (commencing with Section 44660) of Chapter 3 of Part 25 of Division 3.
(11)Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3.
(12)Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3.
(13)Part 26 (commencing with Section 46000) of Division 4.
(14)Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27 of Division 4.
(15)Section 51513.
(16)Section 52163.
(17)The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(18)Sections 52165, 52166, and 52178.
(19)Article 3 (commencing with Section 52850) of Chapter 12 of Part 28 of Division 4.
(20)Section 56364.1, except that this restriction shall not prohibit the state board from approving any waiver of Section 56364.2, relating to full inclusion.
(21)Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, relating to the California Assessment of Student Performance and Progress (CAASPP), and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 that establish requirements for the CAASPP.
(b)Any waiver of provisions related to the programs identified in Section 52851 shall be granted only pursuant to Article 3 (commencing with Section 52850) of Chapter 12 of Part 28 of Division 4.
(c)The waiver of an advisory committee required by law shall be granted only pursuant to Article 4 (commencing with Section 52870) of Chapter 12 of Part 28 of Division 4.
(d)A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (a) shall include a written statement as to both of the following:
(1)Whether the exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, participated in the development of the waiver.
(2)The exclusive representatives position regarding the waiver.
(e)A request for a waiver submitted pursuant to subdivision (a) relating to a regional occupational center or program established pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28 of Division 4, which is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions:
(1)Each joint waiver request shall comply with all of the requirements of this article.
(2)The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency.
SEC. 2.Section 35161.5 is added to the Education Code, to read:35161.5.(a)The governing board of each school district and each county board of education shall establish standards of expected pupil achievement at each grade level that it serves in each area of study.
(b)This section shall become operative on July 1, 2018.
SEC. 3.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 that may, at the discretion of the governing board of the school district, be uniform throughout the school district or, for compelling reasons, be individually developed for territories or schools within the school district, provided that all certificated personnel of the school district shall be subject to a system of evaluation and assessment adopted pursuant to this article.
(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, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.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 pedagogical 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.
(5)Certificated, noninstructional employees share the same deep commitment to children, families, and communities, and they provide essential support and administrative services to pupils and teachers that enable pupils to succeed.
(b)The Legislature further finds and declares that because teachers are the most important school-related factor for influencing pupil academic success 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)The Legislature further finds and declares that the attributes of the best practices teacher evaluation system established pursuant to this article are based on the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing in October of 2009, and the system of evaluation for school administrators established pursuant to Article 13 (commencing with Section 44670) is based on the California Professional Standards for Educational Leaders adopted by the Commission on Teacher Credentialing in February of 2014.
(d)This article does not apply to certificated personnel who are employed on an hourly basis in adult education classes.
(e)This section shall become operative on July 1, 2018.
SEC. 5.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 of a school district shall avail itself of the advice of the certificated instructional personnel in the school districts organization of certificated personnel.
(b)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 6.Section 44661 is added to the Education Code, to read:44661.(a)The governing board of each school district and each county board of education 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 or the county office of education do not have an exclusive bargaining representative, the governing board of the school district or the county board of education shall adopt objective evaluation and support components, as applicable, that are consistent with this article.
(c)This section shall become operative on July 1, 2018.
SEC. 7.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, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.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 employees adherence to curricular objectives.
(4)The establishment and maintenance of a suitable learning environment, within the scope of the employees 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 employees participation in the California 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 the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria.
(g)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 9.Section 44662 is added to the Education Code, to read:44662.(a)A best practices teacher evaluation system shall include, but not be limited to, the following attributes:
(1)An evaluation of each teacher based 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, to the extent that those environments are within the teachers control.
(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 certificated 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 on multiple measures, as follows:
(i)Multiple measures shall include state and local formative and summative assessments in the grade levels and subjects that for which these assessments are administered. administered that are applicable to the teaching assignment being evaluated.
(ii)Multiple As available and applicable for the grade level and subject taught, multiple measures may shall also include, but are not limited to, classroom work, other local and state academic assessments, and pupil grades, classroom participation, presentations and performances, and projects and portfolios.
(iii)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 former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for the purpose of improving a pupils English proficiency.
(iv)Pupil data used for purposes of teacher evaluation shall be confidential in the same manner as all other elements of a teachers personnel file.
(2)Multiple observations of instructional and other professional practices that are conducted by evaluators who have been appropriately trained and calibrated to ensure consistency 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 that is appropriate to the teachers assignment.
(C)Before each formal observation, the observer shall meet with the teacher to discuss the purpose of the observation.
(D)After each formal 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.
(E)Nothing in this subdivision shall prohibit evaluators from conducting unscheduled classroom visits.
(3)A minimum of three performance levels for the evaluation of teacher performance for purposes of Section 44664.
(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 the need for professional development or providing corrective advice for the certificated employee being evaluated. A nonsupervisory 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 not apply to certificated employees who perform a management employee or supervisory employee function, as defined in subdivision (g) or (m), respectively, of Section 3540.1 of the Government Code.
(d)Notwithstanding any other law, a best practices teacher evaluation system adopted pursuant to this article shall not omit any of the attributes specified in this section.
(e)This section shall become operative on July 1, 2018.
SEC. 10.Section 44662.1 is added to the Education Code, to read:44662.1.The state board, in consultation with the Superintendent and appropriate education stakeholder groups, may adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts and county offices of education that may include all of the following:
(a)Model evaluation systems that may be used by school districts and county offices of education to implement the best practices teacher evaluation system pursuant to Sections 44661 and 44662, as added by Sections 6 and 9 of the act adding this section.
(b)Model processes for implementing observations of instructional and other professional practices pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 9 of the act adding this section.
(c)Model processes for defining calibration for purposes of training evaluators pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 9 of the act adding this section.
(d)Model processes for developing the observation tool that may be used for observations of instructional and other professional practices pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 9 of the act adding this section.
(e)Model processes for determining and defining the performance levels for the evaluation of teacher performance pursuant to paragraph (3) of subdivision (a) of Section 44662, as added by Section 9 of the act adding this section.
SEC. 11.Section 44662.5 is added to the Education Code, to read:44662.5.(a)The governing board of each school district and each county board of education shall establish and define job responsibilities for certificated, noninstructional employees, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (a) of Section 44662. The governing board of each school district and each county board of education shall provide for the evaluation and assessment of the performance of certificated, noninstructional employees as it reasonably relates to the fulfillment of those responsibilities.
(b)This section shall become operative on July 1, 2018.
SEC. 12.Section 44662.6 is added to the Education Code, to read:44662.6.(a)(1)On or before May 1, 2016, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, the governing board of each school district and each county board of education, at a regularly scheduled public hearing, shall seek comment on the development and implementation of the best practices teacher evaluation system. The governing board of a school district and a county board of education shall use the comments received at the hearing to guide the development and implementation of the best practices teacher evaluation system.
(2)On or before May 1 of each year before local negotiations required pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board of each school district and each county board of education shall seek comment on the best practices teacher evaluation system. The governing board of each school district and each county board of education shall also seek public comment on the best practices teacher evaluation system both during local negotiations and before the any final agreement of pursuant to local negotiations.
(3)If, by mutual agreement between a school district or county office of education and the collective bargaining unit, an intermediate midyear agreement is reached regarding a best practices teacher evaluation system, the negotiation timeline shall allow time for the governing board of the school district or the county board of education to hold a public hearing to seek comment on the best practices teacher evaluation system.
(b)Consistent with Section 3547 of the Government Code and no more than 30 days after the local negotiations required pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board of each school district and each county board of education shall disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing.
(c)This section shall also apply to the school administrator evaluation program established pursuant to Article 13 (commencing with Section 44670), as added by Section 16 of the act adding this section.
SEC. 13.Section 44662.7 is added to the Education Code, to read:44662.7.(a)This article does not supersede or invalidate a teacher evaluation system that is locally negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code and that is in effect at the time this section becomes operative. If a locally negotiated teacher evaluation system is in effect at the time this section becomes operative, the teacher evaluation system shall remain in effect until the parties to the agreement negotiate a successor agreement. A memorandum of understanding shall not extend the adoption of a locally negotiated teacher evaluation system that is in effect at the time this section becomes operative.
(b)This section shall become operative on July 1, 2018.
SEC. 14.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 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 certificated employee.
(1)If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board of the school district, the employing authority shall notify the certificated employee in writing of that fact and describe the unsatisfactory performance.
(2)The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees performance and endeavor to assist the employee in his or her performance.
(3)If a permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district.
(c)(1)An evaluation performed pursuant to this article that contains an unsatisfactory rating of a certificated employees 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 certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(2)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 an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California 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 of the school district.
(e)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 15.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)(A)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 or the county office of education, 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 evaluator shall conduct at least one unscheduled observation per year during a year when the certificated employee does not receive a formal performance evaluation and assessment.
(b)The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the certificated employee.
(1)If a certificated employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board of the school district or the county board of education, the employing authority shall notify the certificated employee in writing of that fact and describe the unsatisfactory performance.
(2)The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees performance and endeavor to assist the certificated employee in his or her performance.
(3)If a permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall do both of the following:
(A)Provide professional development based on the specific recommendations as to areas of improvement in the certificated employees performance.
(B)Annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district or the county office of education.
(c)(1)An evaluation performed pursuant to this article that contains an unsatisfactory rating of a permanent certificated employees 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 certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(2)For an evaluation performed pursuant to this article that contains an unsatisfactory rating of a probationary certificated employees performance in the area of teaching methods or instruction, the employing authority may elect to offer a program designed to improve appropriate areas of the probationary certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(3)If a school district or county office of education 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 an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California 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, 2018.
SEC. 16.Article 13 (commencing with Section 44670) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:13.Administrator Evaluations44670.(a)The governing board of each school district and each county board of education shall establish a system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. The evaluation system shall include, but not be limited to, all of the following attributes:
(1)Promoting the success of all pupils by facilitating the development and implementation of a vision of pupil learning, including, but not limited to, communicating with parents, pupils, and the community regarding the importance of a standards-based education and high expectations for all pupils.
(2)Advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, including, but not limited to, all of the following:
(A)Promoting equity, fairness, and respect among staff, pupils, and members of the school community with acknowledgment of the role cultural attributes have in pupil learning.
(B)Supporting professional development opportunities for staff that encourage collaboration and effective instructional practice with the goal of improving outcomes for all pupils.
(3)Ensuring the management, organization, and operation of a safe and successful learning environment, as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate, including, but not limited to, supporting curricular and management leadership in all of these areas and successfully implementing a best practices teacher evaluation system established pursuant to Sections 44661 and 44662, as added by Sections 6 and 9 of the act adding this section.
(4)Collaborating with parents and the community to establish an inclusive school environment, including, but not limited to, embracing and recognizing that diversity strengthens a learning environment and promotes meaningful parent and community engagement, as required by Section 52062 for the development of the local control and accountability plan established pursuant to Section 52060.
(5)(A)Providing ethical and professional leadership that fosters effective instructional practice as evidenced by promoting quality teaching and instructional strategies and provides relevant, effective feedback that leads to pupil learning. School administrators shall be held accountable for the academic growth of pupils over time and academic growth shall be based on multiple measures that may include pupil work as well as pupil and school longitudinal data.
(B)Multiple measures shall include state and local formative and summative assessments. For school administrators who supervise certificated staff that directly instruct English learner pupils acquiring English, assessment information shall include the results of assessments adopted pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4.
(C)Multiple measures may include, but are not limited to, benchmark, end of chapter, end of course, advanced placement, international baccalaureate, college entrance, or performance assessments.
(D)Pupil data used for purposes of an administrator evaluation shall be confidential in the same manner as all other elements of an administrators personnel file.
(6)Providing professional leadership by understanding, responding, and influencing the larger social, political, cultural and legal context with the goal of ensuring pupil success, as evidenced by working in collaboration with the governing board of the school district or the county board of education, bargaining units, and local school, school district or county office of education, and community leaders.
(b)The governing board of the school district and the county board of education shall identify who will conduct the evaluation of each school administrator.
(1)A school administrator shall be evaluated annually for the first and second year of employment as a new administrator in a school district or county office of education. The governing board of the school district or the county board of education may determine the frequency at regular intervals of evaluations after this period.
(2)Additional evaluations that occur outside of the regular intervals determined by the governing board of the school district or the county board of education shall be agreed upon between the evaluator and the administrator.
(3)Evaluators and administrators shall review school success and progress throughout the year. This review should include goals that are defined by the school district or the county office of education, including, but not limited to, the goals specified in the local control and accountability plan approved by the governing board of the school district pursuant to Section 52060 or by the county board of education pursuant to Section 52066.
(c)Notwithstanding any other law, a school administrator evaluation system adopted pursuant to this article shall not omit any of the attributes specified in this section.
(d)This article shall become operative on July 1, 2018.
SEC. 17.Section 44672 is added to the Education Code, to read:44672.This article shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 18.Section 17581.6 of the Government Code is amended to read:17581.6.(a)Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIIIB of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (e).
(b)Any school district, county office of education, or charter school may elect to receive block grant funding pursuant to this section.
(c)(1)A school district, county office of education, or charter school that elects to receive block grant funding pursuant to this section in a given fiscal year shall submit a letter requesting funding to the Superintendent of Public Instruction on or before August 30 of that fiscal year.
(2)The Superintendent of Public Instruction shall, in the month of November of each year, apportion block grant funding appropriated pursuant to Item 6110-296-0001 of Section 2.00 of the annual Budget Act to all school districts, county offices of education, and charter schools that submitted letters requesting funding in that fiscal year according to the provisions of that item.
(3)A school district or county office of education that receives block grant funding pursuant to this section shall not be eligible to submit claims to the Controller for reimbursement pursuant to Section 17560 for any costs of any state mandates included in the statutes and executive orders identified in subdivision (e) incurred in the same fiscal year during which the school district or county office of education received funding pursuant to this section.
(d)Block grant funding apportioned pursuant to this section is subject to annual financial and compliance audits required by Section 41020 of the Education Code.
(e)Block grant funding apportioned pursuant to this section is specifically intended to fund the costs of the following programs and activities:
(1)Academic Performance Index (01-TC-22; Chapter 3 of the Statutes of 1999, First Extraordinary Session; and Chapter 695 of the Statutes of 2000).
(2)Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes of 2001).
(3)AIDS Instruction and AIDS Prevention Instruction (CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and Chapter 403 of the Statutes of 1998).
(4)California State Teachers Retirement System (CalSTRS) Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(5)Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of 1994).
(6)Charter Schools I, II, and III (CSM 4437, 99-TC-03, and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and 673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(7)Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes of 2002).
(8)Child Abuse and Neglect Reporting (01-TC-21; Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754 of the Statutes of 2001).
(9)Collective Bargaining (CSM 4425; Chapter 961 of the Statutes of 1975).
(10)Comprehensive School Safety Plans (98-TC-01 and 99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(11)Consolidation of Annual Parent Notification/Schoolsite Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the Statutes of 1999, First Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).
(12)Consolidation of Law Enforcement Agency Notification and Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter 832 of the Statutes of 1999).
(13)Consolidation of Notification to Teachers: Pupils Subject to Suspension or Expulsion I and II, and Pupil Discipline Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(14)County Office of Education Fiscal Accountability Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(15)Criminal Background Checks (97-TC-16; Chapters 588 and 589 of the Statutes of 1997).
(16)Criminal Background Checks II (00-TC-05; Chapters 594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(17)Developer Fees (02-TC-42; Chapter 955 of the Statutes of 1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923 of the Statutes of 1982; Chapter 1254 of the Statutes of 1983; Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter 1228 of the Statutes of 1994).
(18)Differential Pay and Reemployment (99-TC-02; Chapter 30 of the Statutes of 1998).
(19)Expulsion of Pupil: Transcript Cost for Appeals (SMAS; Chapter 1253 of the Statutes of 1975).
(20)Financial and Compliance Audits (CSM 4498 and CSM 4498-A; Chapter 36 of the Statutes of 1977).
(21)Graduation Requirements (CSM 4181; Chapter 498 of the Statutes of 1983).
(22)Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of the Statutes of 1975).
(23)High School Exit Examination (00-TC-06; Chapter 1 of the Statutes of 1999, First Extraordinary Session; and Chapter 135 of the Statutes of 1999).
(24)Immunization Records (SB 90-120; Chapter 1176 of the Statutes of 1977).
(25)Immunization RecordsHepatitis B (98-TC-05; Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882 of the Statutes of 1997).
(26)Interdistrict Attendance Permits (CSM 4442; Chapters 172 and 742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes of 1992).
(27)Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of the Statutes of 1993).
(28)Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and Chapter 71 of the Statutes of 1995).
(29)Notification of Truancy (CSM 4133; Chapter 498 of the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter 19 of the Statutes of 1995).
(30)Parental Involvement Programs (03-TC-16; Chapter 1400 of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of 1998; and Chapter 1037 of the Statutes of 2002).
(31)Physical Performance Tests (96-365-01; Chapter 975 of the Statutes of 1995).
(32)Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes of 1978).
(33)Public Contracts (02-TC-35; Chapter 1073 of the Statutes of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter 726 of the Statutes of 1994).
(34)Pupil Health Screenings (CSM 4440; Chapter 1208 of the Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter 750 of the Statutes of 1992).
(35)Pupil Promotion and Retention (98-TC-19; Chapter 100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and Chapters 742 and 743 of the Statutes of 1998).
(36)Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(37)Pupil Expulsions (CSM 4455; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes of 1994).
(38)Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).
(39)Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856 of the Statutes of 1985; and Chapter 134 of the Statutes of 1987).
(40)School Accountability Report Cards (97-TC-21, 00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(41)School District Fiscal Accountability Reporting (97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(42)School District Reorganization (98-TC-24; Chapter 1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
(43)Student Records (02-TC-34; Chapter 593 of the Statutes of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(44)The Stull Act (98-TC-25; Chapter 498 of the Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(45)Threats Against Peace Officers (CSM 96-365-02; Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(46)Uniform Complaint Procedures (03-TC-02; Chapter 1117 of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and Chapter 914 of the Statutes of 1998).
(47)Williams Case Implementation I, II, and III (05-TC-04, 07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704 of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).
(48)Pupil Expulsions II, Pupil Suspensions II, and Educational Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the Statutes of 1997; Chapter 498 of the Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).
(f)Notwithstanding Section 10231.5, on or before November 1 of each fiscal year, the Superintendent of Public Instruction shall produce a report that indicates the total amount of block grant funding each school district, county office of education, and charter school received in that fiscal year pursuant to this section. The Superintendent of Public Instruction shall provide this report to the appropriate fiscal and policy committees of the Legislature, the Controller, the Department of Finance, and the Legislative Analysts Office.
(g)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 19.Section 17581.6 is added to the Government Code, to read:17581.6.(a)Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIIIB of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (e).
(b)Any school district, county office of education, or charter school may elect to receive block grant funding pursuant to this section.
(c)(1)A school district, county office of education, or charter school that elects to receive block grant funding pursuant to this section in a given fiscal year shall submit a letter requesting funding to the Superintendent of Public Instruction on or before August 30 of that fiscal year.
(2)The Superintendent of Public Instruction shall, in the month of November of each year, apportion block grant funding appropriated pursuant to Item 6110-296-0001 of Section 2.00 of the annual Budget Act to all school districts, county offices of education, and charter schools that submitted letters requesting funding in that fiscal year according to the provisions of that item.
(3)A school district or county office of education that receives block grant funding pursuant to this section shall not be eligible to submit claims to the Controller for reimbursement pursuant to Section 17560 for any costs of any state mandates included in the statutes and executive orders identified in subdivision (e) incurred in the same fiscal year during which the school district or county office of education received funding pursuant to this section.
(d)Block grant funding apportioned pursuant to this section is subject to annual financial and compliance audits required by Section 41020 of the Education Code.
(e)Block grant funding apportioned pursuant to this section is specifically intended to fund the costs of the following programs and activities:
(1)Academic Performance Index (01-TC-22; Chapter 3 of the Statutes of 1999, First Extraordinary Session; and Chapter 695 of the Statutes of 2000).
(2)Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes of 2001).
(3)AIDS Instruction and AIDS Prevention Instruction (CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and Chapter 403 of the Statutes of 1998).
(4)California State Teachers Retirement System (CalSTRS) Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(5)Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of 1994).
(6)Charter Schools I, II, and III (CSM 4437, 99-TC-03, and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and 673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(7)Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes of 2002).
(8)Child Abuse and Neglect Reporting (01-TC-21; Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754 of the Statutes of 2001).
(9)Collective Bargaining (CSM 4425; Chapter 961 of the Statutes of 1975).
(10)Comprehensive School Safety Plans (98-TC-01 and 99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(11)Consolidation of Annual Parent Notification/Schoolsite Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the Statutes of 1999, First Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).
(12)Consolidation of Law Enforcement Agency Notification and Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter 832 of the Statutes of 1999).
(13)Consolidation of Notification to Teachers: Pupils Subject to Suspension or Expulsion I and II, and Pupil Discipline Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(14)County Office of Education Fiscal Accountability Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(15)Criminal Background Checks (97-TC-16; Chapters 588 and 589 of the Statutes of 1997).
(16)Criminal Background Checks II (00-TC-05; Chapters 594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(17)Developer Fees (02-TC-42; Chapter 955 of the Statutes of 1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923 of the Statutes of 1982; Chapter 1254 of the Statutes of 1983; Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter 1228 of the Statutes of 1994).
(18)Differential Pay and Reemployment (99-TC-02; Chapter 30 of the Statutes of 1998).
(19)Expulsion of Pupil: Transcript Cost for Appeals (SMAS; Chapter 1253 of the Statutes of 1975).
(20)Financial and Compliance Audits (CSM 4498 and CSM 4498-A; Chapter 36 of the Statutes of 1977).
(21)Graduation Requirements (CSM 4181; Chapter 498 of the Statutes of 1983).
(22)Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of the Statutes of 1975).
(23)High School Exit Examination (00-TC-06; Chapter 1 of the Statutes of 1999, First Extraordinary Session; and Chapter 135 of the Statutes of 1999).
(24)Immunization Records (SB 90-120; Chapter 1176 of the Statutes of 1977).
(25)Immunization RecordsHepatitis B (98-TC-05; Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882 of the Statutes of 1997).
(26)Interdistrict Attendance Permits (CSM 4442; Chapters 172 and 742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes of 1992).
(27)Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of the Statutes of 1993).
(28)Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and Chapter 71 of the Statutes of 1995).
(29)Notification of Truancy (CSM 4133; Chapter 498 of the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter 19 of the Statutes of 1995).
(30)Parental Involvement Programs (03-TC-16; Chapter 1400 of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of 1998; and Chapter 1037 of the Statutes of 2002).
(31)Physical Performance Tests (96-365-01; Chapter 975 of the Statutes of 1995).
(32)Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes of 1978).
(33)Public Contracts (02-TC-35; Chapter 1073 of the Statutes of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter 726 of the Statutes of 1994).
(34)Pupil Health Screenings (CSM 4440; Chapter 1208 of the Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter 750 of the Statutes of 1992).
(35)Pupil Promotion and Retention (98-TC-19; Chapter 100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and Chapters 742 and 743 of the Statutes of 1998).
(36)Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(37)Pupil Expulsions (CSM 4455; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes of 1994).
(38)Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).
(39)Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856 of the Statutes of 1985; and Chapter 134 of the Statutes of 1987).
(40)School Accountability Report Cards (97-TC-21, 00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(41)School District Fiscal Accountability Reporting (97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(42)School District Reorganization (98-TC-24; Chapter 1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
(43)Student Records (02-TC-34; Chapter 593 of the Statutes of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(44)The best practices teacher evaluation system described in Sections 44661 and 44662 of the Education Code.
(45)The school administrator evaluation system described in Section 44670 of the Education Code.
(46)The Stull Act (98-TC-25; Chapter 498 of the Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(47)Threats Against Peace Officers (CSM 96-365-02; Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(48)Uniform Complaint Procedures (03-TC-02; Chapter 1117 of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and Chapter 914 of the Statutes of 1998).
(49)Williams Case Implementation I, II, and III (05-TC-04, 07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704 of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).
(50)Pupil Expulsions II, Pupil Suspensions II, and Educational Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the Statutes of 1997; Chapter 498 of the Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).
(f)Notwithstanding Section 10231.5, on or before November 1 of each fiscal year, the Superintendent of Public Instruction shall produce a report that indicates the total amount of block grant funding each school district, county office of education, and charter school received in that fiscal year pursuant to this section. The Superintendent of Public Instruction shall provide this report to the appropriate fiscal and policy committees of the Legislature, the Controller, the Department of Finance, and the Legislative Analysts Office.
(g)This section shall become operative on July 1, 2018.
SEC. 20.It is the intent of the Legislature to provide adequate resources to train evaluators, continue robust beginning teacher induction programs, and support struggling educators.
SEC. 21.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.
(a)The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the state board to waive all or part of any section of this code or any regulation adopted by the state board that implements a provision of this code that may be waived, except:
(1)Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10 of Division 1 of Title 1.
(2)Chapter 6 (commencing with Section 16000) of Part 10 of Division 1 of Title 1.
(3)Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10 of Division 1 of Title 1.
(4)Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000) of Division 1 of Title 1.
(5)Section 35735.1.
(6)Paragraph (8) of subdivision (a) of Section 37220.
(7)The following provisions of Part 10.5 (commencing with Section 17210) of Division 1 of Title 1:
(A)Chapter 1 (commencing with Section 17210).
(B)Article 1 (commencing with Section 17251) to Article 6 (commencing with Section 17365), inclusive, of Chapter 3.
(C)Sections 17416 to 17429, inclusive; Sections 17459 and 17462; subdivision (a) of Section 17464; and Sections 17582 to 17591, inclusive.
(8)The following provisions of Part 24 (commencing with Section 41000) of Division 3.
(A)Sections 41000 to 41360, inclusive.
(B)Sections 41420 to 41423, inclusive.
(C)Sections 41600 to 41863, inclusive.
(D)Sections 41930 to 42850, inclusive.
(9)Sections 44504 and 44505.
(10)Article 11 (commencing with Section 44660) of Chapter 3 of Part 25 of Division 3.
(11)Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3.
(12)Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3.
(13)Part 26 (commencing with Section 46000) of Division 4.
(14)Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27 of Division 4.
(15)Section 51513.
(16)Section 52163.
(17)The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(18)Sections 52165, 52166, and 52178.
(19)Article 3 (commencing with Section 52850) of Chapter 12 of Part 28 of Division 4.
(20)Section 56364.1, except that this restriction shall not prohibit the state board from approving any waiver of Section 56364.2, relating to full inclusion.
(21)Article 4 (commencing with Section 60640) of Chapter 5 of Part 33 of Division 4, relating to the California Assessment of Student Performance and Progress (CAASPP), and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 that establish requirements for the CAASPP.
(b)Any waiver of provisions related to the programs identified in Section 52851 shall be granted only pursuant to Article 3 (commencing with Section 52850) of Chapter 12 of Part 28 of Division 4.
(c)The waiver of an advisory committee required by law shall be granted only pursuant to Article 4 (commencing with Section 52870) of Chapter 12 of Part 28 of Division 4.
(d)A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (a) shall include a written statement as to both of the following:
(1)Whether the exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, participated in the development of the waiver.
(2)The exclusive representatives position regarding the waiver.
(e)A request for a waiver submitted pursuant to subdivision (a) relating to a regional occupational center or program established pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28 of Division 4, which is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions:
(1)Each joint waiver request shall comply with all of the requirements of this article.
(2)The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency.
SEC. 2.Section 35161.5 is added to the Education Code, to read:35161.5.(a)The governing board of each school district and each county board of education shall establish standards of expected pupil achievement at each grade level that it serves in each area of study.
(b)This section shall become operative on July 1, 2016. 2018.
SEC. 3.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 that may, at the discretion of the governing board of the school district, be uniform throughout the school district or, for compelling reasons, be individually developed for territories or schools within the school district, provided that all certificated personnel of the school district shall be subject to a system of evaluation and assessment adopted pursuant to this article.
(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, 2016, 2018, and, as of January 1, 2017, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.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 pedagogical 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.
(5)Certificated, noninstructional employees share the same deep commitment to children, families, and communities, and they provide essential support and administrative services to pupils and teachers that enable pupils to succeed.
(b)The Legislature further finds and declares that because teachers are the most important school-related factor for influencing pupil academic success 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)The Legislature further finds and declares that the attributes of the best practices teacher evaluation system established pursuant to this article are based on the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing in October of 2009, and the system of evaluation for school administrators established pursuant to Article 13 (commencing with Section 44670) is based on the California Professional Standards for Educational Leaders adopted by the Commission on Teacher Credentialing in February of 2014.
(d)This article does not apply to certificated personnel who are employed on an hourly basis in adult education classes.
(e)This section shall become operative on July 1, 2016. 2018.
SEC. 5.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 of a school district shall avail itself of the advice of the certificated instructional personnel in the school districts organization of certificated personnel.
(b)This section shall become inoperative on July 1, 2016, 2018, and, as of January 1, 2017, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 6.Section 44661 is added to the Education Code, to read:44661.(a)The governing board of each school district and each county board of education 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 or the county office of education do not have an exclusive bargaining representative, the governing board of the school district or the county board of education shall adopt objective evaluation and support components, as applicable, that are consistent with this article.
(c)This section shall become operative on July 1, 2016. 2018.
SEC. 7.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, 2016, 2018, and, as of January 1, 2017, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 8.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 employees adherence to curricular objectives.
(4)The establishment and maintenance of a suitable learning environment, within the scope of the employees 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 employees participation in the California 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 the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria.
(g)This section shall become inoperative on July 1, 2016, 2018, and, as of January 1, 2017, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 9.Section 44662 is added to the Education Code, to read:44662.(a)A best practices teacher evaluation system shall include, but not be limited to, the following attributes:
(1)An evaluation of each teacher based 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, to the extent that those environments are within the teachers control.
(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 certificated 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 on multiple measures, as follows:
(i)Multiple measures shall include state and local formative and summative assessments in the grade levels and subjects that these assessments are administered.
(ii)Multiple measures 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.
(iii)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 former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for the purpose of improving a pupils English proficiency. Pupil
(iv)Pupil data used for purposes of teacher evaluation shall be confidential in the same manner as all other elements of a teachers personnel file. It is the intent of the Legislature that any assessments developed by a national consortium and adopted by the state board and used for purposes of this section meet statistical and psychometric standards appropriate for this use.
(2)Multiple observations of instructional and other professional practices that are conducted by evaluators who have been appropriately trained and calibrated to ensure consistency 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 that is appropriate to the teachers assignment.
(C)Before each formal observation, the observer shall meet with the teacher to discuss the purpose of the observation.
(D)After each formal 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.
(E)Nothing in this subdivision shall prohibit evaluators from conducting unscheduled classroom visits.
(3)A minimum of three performance levels for the evaluation of teacher performance for purposes of Section 44664.
(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 the need for professional development or providing corrective advice for the certificated employee being evaluated. A nonsupervisory 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 not apply to certificated employees who hold an administrative services credential, as defined in Section 44270. perform a management employee or supervisory employee function, as defined in subdivision (g) or (m), respectively, of Section 3540.1 of the Government Code.
(d)Notwithstanding any other law, a best practices teacher evaluation system adopted pursuant to this article shall not omit any of the attributes specified in this section.
(e)This section shall become operative on July 1, 2016. 2018.
SEC. 10.Section 44662.1 is added to the Education Code, to read:44662.1.The state board, in consultation with the Superintendent and appropriate education stakeholder groups, may adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts and county offices of education that may include all of the following:
(a)Model evaluation systems that may be used by school districts and county offices of education to implement the best practices teacher evaluation system pursuant to Sections 44661 and 44662, as added by Sections 6 and 9 of the act adding this section.
(b)Model processes for implementing observations of instructional and other professional practices pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 9 of the act adding this section.
(c)Model processes for defining calibration for purposes of training evaluators pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 9 of the act adding this section.
(d)Model processes for developing the observation tool that may be used for observations of instructional and other professional practices pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 9 of the act adding this section.
(e)Model processes for determining and defining the performance levels for the evaluation of teacher performance pursuant to paragraph (3) of subdivision (a) of Section 44662, as added by Section 9 of the act adding this section.
SEC. 11.Section 44662.5 is added to the Education Code, to read:44662.5.(a)The governing board of each school district and each county board of education shall establish and define job responsibilities for certificated, noninstructional employees, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (a) of Section 44662. The governing board of each school district and each county board of education shall provide for the evaluation and assessment of the performance of certificated, noninstructional employees as it reasonably relates to the fulfillment of those responsibilities.
(b)This section shall become operative on July 1, 2016. 2018.
SEC. 12.Section 44662.6 is added to the Education Code, to read:44662.6.(a)(1)On or before May 1, 2016, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, the governing board of each school district, district and each county board of education, at a regularly scheduled public hearing, shall seek comment on the development and implementation of the best practices teacher evaluation system. The governing board of a school district and a county board of education shall use the comments received at the hearing to guide the development and implementation of the best practices teacher evaluation system.
(2)On or before May 1 of each year before local negotiations required pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board of each school district and each county board of education shall seek comment on the best practices teacher evaluation system. The governing board of each school district and each county board of education shall also seek public comment on the best practices teacher evaluation system both during local negotiations and before the final agreement of local negotiations.
(3)If, by mutual agreement between a school district or county office of education and the collective bargaining unit, an intermediate midyear agreement is reached regarding a best practices teacher evaluation system, the negotiation timeline shall allow time for the governing board of the school district or the county board of education to hold a public hearing to seek comment on the best practices teacher evaluation system.
(b)Consistent with Section 3547 of the Government Code and no more than 30 days after the local negotiations required pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board of each school district and each county board of education shall disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing.
(c)This section shall also apply to the school administrator evaluation program established pursuant to Article 13 (commencing with Section 44670), as added by Section 16 of the act adding this section.
SEC. 13.Section 44662.7 is added to the Education Code, to read:44662.7.(a)Notwithstanding any other law, for the 201617 fiscal year, ____ dollars ($____) shall be appropriated from the General Fund to the department for allocation to school districts for the purpose of implementing the best practices teacher evaluation system established pursuant to Sections 44661 and 44662, as added by Sections 4 and 7 of the act adding this section. The amount appropriated by this section shall be allocated based on the number of certificated staff employed at the eligible schoolsites by a recipient school district. School districts shall use the funds to plan for the implementation of the best practices teacher evaluation system, including, but not limited to, doing both of the following:
(1)Training evaluators to ensure calibration and consistency in conducting observations pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(2)Developing the uniform observation tool used in observations pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(b)Funds provided to a school district pursuant to this section shall support activities related to implementation of the best practices teacher evaluation system developed pursuant to subdivision (b) of Section 44661, as added by Section 4 of the act adding this section.
(c)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 14.SEC. 13.Section 44662.8 44662.7 is added to the Education Code, to read:44662.8.44662.7.(a)This article does not supersede or invalidate a teacher evaluation system that is locally negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code and that is in effect at the time this section becomes operative. If a locally negotiated teacher evaluation system is in effect at the time this section becomes operative, the teacher evaluation system shall remain in effect until the parties to the agreement negotiate a successor agreement. A memorandum of understanding shall not extend the adoption of a locally negotiated teacher evaluation system that is in effect at the time this section becomes operative.
(b)This section shall become operative on July 1, 2016. 2018.
SEC. 15.SEC. 14.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 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 certificated employee.
(1)If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board of the school district, the employing authority shall notify the certificated employee in writing of that fact and describe the unsatisfactory performance.
(2)The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees performance and endeavor to assist the employee in his or her performance.
(3)If a permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district.
(c)(1)An evaluation performed pursuant to this article that contains an unsatisfactory rating of a certificated employees 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 certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(2)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 an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California 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 of the school district.
(e)This section shall become inoperative on July 1, 2016, 2018, and, as of January 1, 2017, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 16.SEC. 15.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)(A)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, district or the county office of education, 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 evaluator shall conduct at least one unscheduled observation per year during a year when the certificated employee does not receive a formal performance evaluation and assessment.
(b)The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the certificated employee.
(1)If a certificated employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board, board of the school district or the county board of education, the employing authority shall notify the certificated employee in writing of that fact and describe the unsatisfactory performance.
(2)The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees performance and endeavor to assist the certificated employee in his or her performance.
(3)If a permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall do both of the following:
(A)Provide professional development based on the specific recommendations as to areas of improvement in the certificated employees performance.
(B)Annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district. district or the county office of education.
(c)(1)An evaluation performed pursuant to this article that contains an unsatisfactory rating of a permanent certificated employees 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 certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(2)For an evaluation performed pursuant to this article that contains an unsatisfactory rating of a probationary certificated employees performance in the area of teaching methods or instruction, the employing authority may elect to offer a program designed to improve appropriate areas of the probationary certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(2)
(3)If a school district or county office of education 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 an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California 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, 2016. 2018.
SEC. 17.Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code is repealed.SEC. 18.SEC. 16.Article 13 (commencing with Section 44670) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:13.Administrator Evaluations44670.(a)The governing board of each school district and each county board of education shall establish a system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. The evaluation system shall include, but not be limited to, all of the following attributes:
(1)Promoting the success of all pupils by facilitating the development and implementation of a vision of pupil learning, including, but not limited to, communicating with parents, pupils, and the community regarding the importance of a standards-based education and high expectations for all pupils.
(2)Advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, including, but not limited to, all of the following:
(A)Promoting equity, fairness, and respect among staff, pupils, and members of the school community with acknowledgment of the role cultural attributes have in pupil learning.
(B)Supporting professional development opportunities for staff that encourage collaboration and effective instructional practice with the goal of improving outcomes for all pupils.
(3)Ensuring the management, organization, and operation of a safe and successful learning environment, as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate, including, but not limited to, supporting curricular and management leadership in all of these areas and successfully implementing a best practices teacher evaluation system established pursuant to Sections 44661 and 44662, as added by Sections 6 and 9 of the act adding this section.
(4)Collaborating with parents and the community to establish an inclusive school environment, including, but not limited to, embracing and recognizing that diversity strengthens a learning environment and promotes meaningful parent and community engagement, as required by Section 52062 for the development of the local control and accountability plan established pursuant to Section 52060.
(5)(A)Providing ethical and professional leadership that fosters effective instructional practice as evidenced by promoting quality teaching and instructional strategies and provides relevant, effective feedback that leads to pupil learning. School administrators shall be held accountable for the academic growth of pupils over time and academic growth shall be based on multiple measures that may include pupil work as well as pupil and school longitudinal data.
(B)Multiple measures shall include state and local formative and summative assessments. For school administrators who supervise certificated staff that directly instruct English learner pupils acquiring English, assessment information shall include the results of assessments adopted pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4.
(C)Multiple measures may include, but are not limited to, benchmark, end-of-chapter, end-of-course, advanced placement, international baccalaureate, college entrance, or performance assessments.
(D)Pupil data used for purposes of an administrator evaluation shall be confidential in the same manner as all other elements of an administrators personnel file.
(6)Providing professional leadership by understanding, responding, and influencing the larger social, political, cultural and legal context with the goal of ensuring pupil success, as evidenced by working in collaboration with the governing board of the school district, district or the county board of education, bargaining units, and local school, school district, district or county office of education, and community leaders.
(b)The governing board of a the school district and the county board of education shall identify who will conduct the evaluation of each school administrator.
(1)A school administrator shall be evaluated annually for the first and second year of employment as a new administrator in a school district. district or county office of education. The governing board of the school district or the county board of education may determine the frequency at regular intervals of evaluations after this period.
(2)Additional evaluations that occur outside of the regular intervals determined by the governing board of the school district or the county board of education shall be agreed upon between the evaluator and the administrator.
(3)Evaluators and administrators shall review school success and progress throughout the year. This review should include goals that are defined by the school district, district or the county office of education, including, but not limited to, the goals specified in the local control and accountability plan approved by the governing board of the school district pursuant to Section 52060. 52060 or by the county board of education pursuant to Section 52066.
(c)Notwithstanding any other law, a school administrator evaluation system adopted pursuant to this article shall not omit any of the attributes specified in this section.
(d)This article shall become operative on July 1, 2018.
SEC. 17.Section 44672 is added to the Education Code, to read:44672.This article shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 18.Section 17581.6 of the Government Code is amended to read:17581.6.(a)Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIIIB of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (e).
(b)Any school district, county office of education, or charter school may elect to receive block grant funding pursuant to this section.
(c)(1)A school district, county office of education, or charter school that elects to receive block grant funding pursuant to this section in a given fiscal year shall submit a letter requesting funding to the Superintendent of Public Instruction on or before August 30 of that fiscal year.
(2)The Superintendent of Public Instruction shall, in the month of November of each year, apportion block grant funding appropriated pursuant to Item 6110-296-0001 of Section 2.00 of the annual Budget Act to all school districts, county offices of education, and charter schools that submitted letters requesting funding in that fiscal year according to the provisions of that item.
(3)A school district or county office of education that receives block grant funding pursuant to this section shall not be eligible to submit claims to the Controller for reimbursement pursuant to Section 17560 for any costs of any state mandates included in the statutes and executive orders identified in subdivision (e) incurred in the same fiscal year during which the school district or county office of education received funding pursuant to this section.
(d)Block grant funding apportioned pursuant to this section is subject to annual financial and compliance audits required by Section 41020 of the Education Code.
(e)Block grant funding apportioned pursuant to this section is specifically intended to fund the costs of the following programs and activities:
(1)Academic Performance Index (01-TC-22; Chapter 3 of the Statutes of 1999, First Extraordinary Session; and Chapter 695 of the Statutes of 2000).
(2)Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes of 2001).
(3)AIDS Instruction and AIDS Prevention Instruction (CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and Chapter 403 of the Statutes of 1998).
(4)California State Teachers Retirement System (CalSTRS) Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(5)Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of 1994).
(6)Charter Schools I, II, and III (CSM 4437, 99-TC-03, and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and 673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(7)Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes of 2002).
(8)Child Abuse and Neglect Reporting (01-TC-21: (01-TC-21; Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754 of the Statutes of 2001).
(9)Collective Bargaining (CSM 4425; Chapter 961 of the Statutes of 1975).
(10)Comprehensive School Safety Plans (98-TC-01 and 99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(11)Consolidation of Annual Parent Notification/Schoolsite Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the Statutes of 1999, First Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).
(12)Consolidation of Law Enforcement Agency Notification and Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter 832 of the Statutes of 1999).
(13)Consolidation of Notification to Teachers: Pupils Subject to Suspension or Expulsion I and II, and Pupil Discipline Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(14)County Office of Education Fiscal Accountability Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(15)Criminal Background Checks (97-TC-16; Chapters 588 and 589 of the Statutes of 1997).
(16)Criminal Background Checks II (00-TC-05; Chapters 594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(17)Developer Fees (02-TC-42; Chapter 955 of the Statutes of 1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923 of the Statutes of 1982; Chapter 1254 of the Statutes of 1983; Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter 1228 of the Statutes of 1994).
(18)Differential Pay and Reemployment (99-TC-02; Chapter 30 of the Statutes of 1998).
(19)Expulsion of Pupil: Transcript Cost for Appeals (SMAS; Chapter 1253 of the Statutes of 1975).
(20)Financial and Compliance Audits (CSM 4498 and CSM 4498-A; Chapter 36 of the Statutes of 1977).
(21)Graduation Requirements (CSM 4181; Chapter 498 of the Statutes of 1983).
(22)Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of the Statutes of 1975).
(23)High School Exit Examination (00-TC-06; Chapter 1 of the Statutes of 1999, First Extraordinary Session; and Chapter 135 of the Statutes of 1999).
(24)Immunization Records (SB 90-120; Chapter 1176 of the Statutes of 1977).
(25)Immunization RecordsHepatitis B (98-TC-05; Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882 of the Statutes of 1997).
(26)Interdistrict Attendance Permits (CSM 4442; Chapters 172 and 742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes of 1992).
(27)Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of the Statutes of 1993).
(28)Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and Chapter 71 of the Statutes of 1995).
(29)Notification of Truancy (CSM 4133; Chapter 498 of the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter 19 of the Statutes of 1995).
(30)Parental Involvement Programs (03-TC-16; Chapter 1400 of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of 1998; and Chapter 1037 of the Statutes of 2002).
(31)Physical Performance Tests (96-365-01; Chapter 975 of the Statutes of 1995).
(32)Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes of 1978).
(33)Public Contracts (02-TC-35; Chapter 1073 of the Statutes of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter 726 of the Statutes of 1994).
(34)Pupil Health Screenings (CSM 4440; Chapter 1208 of the Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter 750 of the Statutes of 1992).
(35)Pupil Promotion and Retention (98-TC-19; Chapter 100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and Chapters 742 and 743 of the Statutes of 1998).
(36)Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(37)Pupil Expulsions (CSM 4455; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes of 1994).
(38)Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).
(39)Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856 of the Statutes of 1985; and Chapter 134 of the Statutes of 1987).
(40)School Accountability Report Cards (97-TC-21, 00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(41)School District Fiscal Accountability Reporting (97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(42)School District Reorganization (98-TC-24; Chapter 1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
(43)Student Records (02-TC-34; Chapter 593 of the Statutes of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(44)The Stull Act (98-TC-25; Chapter 498 of the Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(45)Threats Against Peace Officers (CSM 96-365-02; Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(46)Uniform Complaint Procedures (03-TC-02; Chapter 1117 of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and Chapter 914 of the Statutes of 1998).
(47)Williams Case Implementation I, II, and III (05-TC-04, 07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704 of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).
(48)Pupil Expulsions II, Pupil Suspensions II, and Educational Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the Statutes of 1997; Chapter 498 of the Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).
(f)Notwithstanding Section 10231.5, on or before November 1 of each fiscal year, the Superintendent of Public Instruction shall produce a report that indicates the total amount of block grant funding each school district, county office of education, and charter school received in that fiscal year pursuant to this section. The Superintendent of Public Instruction shall provide this report to the appropriate fiscal and policy committees of the Legislature, the Controller, the Department of Finance, and the Legislative Analysts Office.
(g)This section shall become inoperative on July 1, 2018, and, as of January 1, 2019, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2019, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 19.Section 17581.6 is added to the Government Code, to read:17581.6.(a)Funding apportioned pursuant to this section shall constitute reimbursement pursuant to Section 6 of Article XIIIB of the California Constitution for the performance of any state mandates included in the statutes and executive orders identified in subdivision (e).
(b)Any school district, county office of education, or charter school may elect to receive block grant funding pursuant to this section.
(c)(1)A school district, county office of education, or charter school that elects to receive block grant funding pursuant to this section in a given fiscal year shall submit a letter requesting funding to the Superintendent of Public Instruction on or before August 30 of that fiscal year.
(2)The Superintendent of Public Instruction shall, in the month of November of each year, apportion block grant funding appropriated pursuant to Item 6110-296-0001 of Section 2.00 of the annual Budget Act to all school districts, county offices of education, and charter schools that submitted letters requesting funding in that fiscal year according to the provisions of that item.
(3)A school district or county office of education that receives block grant funding pursuant to this section shall not be eligible to submit claims to the Controller for reimbursement pursuant to Section 17560 for any costs of any state mandates included in the statutes and executive orders identified in subdivision (e) incurred in the same fiscal year during which the school district or county office of education received funding pursuant to this section.
(d)Block grant funding apportioned pursuant to this section is subject to annual financial and compliance audits required by Section 41020 of the Education Code.
(e)Block grant funding apportioned pursuant to this section is specifically intended to fund the costs of the following programs and activities:
(1)Academic Performance Index (01-TC-22; Chapter 3 of the Statutes of 1999, First Extraordinary Session; and Chapter 695 of the Statutes of 2000).
(2)Agency Fee Arrangements (00-TC-17 and 01-TC-14; Chapter 893 of the Statutes of 2000 and Chapter 805 of the Statutes of 2001).
(3)AIDS Instruction and AIDS Prevention Instruction (CSM 4422, 99-TC-07, and 00-TC-01; Chapter 818 of the Statutes of 1991; and Chapter 403 of the Statutes of 1998).
(4)California State Teachers Retirement System (CalSTRS) Service Credit (02-TC-19; Chapter 603 of the Statutes of 1994; Chapters 383, 634, and 680 of the Statutes of 1996; Chapter 838 of the Statutes of 1997; Chapter 965 of the Statutes of 1998; Chapter 939 of the Statutes of 1999; and Chapter 1021 of the Statutes of 2000).
(5)Caregiver Affidavits (CSM 4497; Chapter 98 of the Statutes of 1994).
(6)Charter Schools I, II, and III (CSM 4437, 99-TC-03, and 99-TC-14; Chapter 781 of the Statutes of 1992; Chapters 34 and 673 of the Statutes of 1998; Chapter 34 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(7)Charter Schools IV (03-TC-03; Chapter 1058 of the Statutes of 2002).
(8)Child Abuse and Neglect Reporting (01-TC-21; Chapters 640 and 1459 of the Statutes of 1987; Chapter 132 of the Statutes of 1991; Chapter 459 of the Statutes of 1992; Chapter 311 of the Statutes of 1998; Chapter 916 of the Statutes of 2000; and Chapters 133 and 754 of the Statutes of 2001).
(9)Collective Bargaining (CSM 4425; Chapter 961 of the Statutes of 1975).
(10)Comprehensive School Safety Plans (98-TC-01 and 99-TC-10; Chapter 736 of the Statutes of 1997; Chapter 996 of the Statutes of 1999; and Chapter 828 of the Statutes of 2003).
(11)Consolidation of Annual Parent Notification/Schoolsite Discipline Rules/Alternative Schools (CSM 4488, CSM 4461, 99-TC-09, 00-TC-12, 97-TC-24, CSM 4453, CSM 4474, CSM 4462; Chapter 448 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 975 of the Statutes of 1980; Chapter 469 of the Statutes of 1981; Chapter 459 of the Statutes of 1985; Chapters 87 and 97 of the Statutes of 1986; Chapter 1452 of the Statutes of 1987; Chapters 65 and 1284 of the Statutes of 1988; Chapter 213 of the Statutes of 1989; Chapters 10 and 403 of the Statutes of 1990; Chapter 906 of the Statutes of 1992; Chapter 1296 of the Statutes of 1993; Chapter 929 of the Statutes of 1997; Chapters 846 and 1031 of the Statutes of 1998; Chapter 1 of the Statutes of 1999, First Extraordinary Session; Chapter 73 of the Statutes of 2000; Chapter 650 of the Statutes of 2003; Chapter 895 of the Statutes of 2004; and Chapter 677 of the Statutes of 2005).
(12)Consolidation of Law Enforcement Agency Notification and Missing Children Reports (CSM 4505; Chapter 1117 of the Statutes of 1989 and 01-TC-09; Chapter 249 of the Statutes of 1986; and Chapter 832 of the Statutes of 1999).
(13)Consolidation of Notification to Teachers: Pupils Subject to Suspension or Expulsion I and II, and Pupil Discipline Records (00-TC-10 and 00-TC-11; Chapter 345 of the Statutes of 2000).
(14)County Office of Education Fiscal Accountability Reporting (97-TC-20; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 1372 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(15)Criminal Background Checks (97-TC-16; Chapters 588 and 589 of the Statutes of 1997).
(16)Criminal Background Checks II (00-TC-05; Chapters 594 and 840 of the Statutes of 1998; and Chapter 78 of the Statutes of 1999).
(17)Developer Fees (02-TC-42; Chapter 955 of the Statutes of 1977; Chapter 282 of the Statutes of 1979; Chapter 1354 of the Statutes of 1980; Chapter 201 of the Statutes of 1981; Chapter 923 of the Statutes of 1982; Chapter 1254 of the Statutes of 1983; Chapter 1062 of the Statutes of 1984; Chapter 1498 of the Statutes of 1985; Chapters 136 and 887 of the Statutes of 1986; and Chapter 1228 of the Statutes of 1994).
(18)Differential Pay and Reemployment (99-TC-02; Chapter 30 of the Statutes of 1998).
(19)Expulsion of Pupil: Transcript Cost for Appeals (SMAS; Chapter 1253 of the Statutes of 1975).
(20)Financial and Compliance Audits (CSM 4498 and CSM 4498-A; Chapter 36 of the Statutes of 1977).
(21)Graduation Requirements (CSM 4181; Chapter 498 of the Statutes of 1983).
(22)Habitual Truants (CSM 4487 and CSM 4487-A; Chapter 1184 of the Statutes of 1975).
(23)High School Exit Examination (00-TC-06; Chapter 1 of the Statutes of 1999, First Extraordinary Session; and Chapter 135 of the Statutes of 1999).
(24)Immunization Records (SB 90-120; Chapter 1176 of the Statutes of 1977).
(25)Immunization RecordsHepatitis B (98-TC-05; Chapter 325 of the Statutes of 1978; Chapter 435 of the Statutes of 1979; Chapter 472 of the Statutes of 1982; Chapter 984 of the Statutes of 1991; Chapter 1300 of the Statutes of 1992; Chapter 1172 of the Statutes of 1994; Chapters 291 and 415 of the Statutes of 1995; Chapter 1023 of the Statutes of 1996; and Chapters 855 and 882 of the Statutes of 1997).
(26)Interdistrict Attendance Permits (CSM 4442; Chapters 172 and 742 of the Statutes of 1986; Chapter 853 of the Statutes of 1989; Chapter 10 of the Statutes of 1990; and Chapter 120 of the Statutes of 1992).
(27)Intradistrict Attendance (CSM 4454; Chapters 161 and 915 of the Statutes of 1993).
(28)Juvenile Court Notices II (CSM 4475; Chapters 1011 and 1423 of the Statutes of 1984; Chapter 1019 of the Statutes of 1994; and Chapter 71 of the Statutes of 1995).
(29)Notification of Truancy (CSM 4133; Chapter 498 of the Statutes of 1983; Chapter 1023 of the Statutes of 1994; and Chapter 19 of the Statutes of 1995).
(30)Parental Involvement Programs (03-TC-16; Chapter 1400 of the Statutes of 1990; Chapters 864 and 1031 of the Statutes of 1998; and Chapter 1037 of the Statutes of 2002).
(31)Physical Performance Tests (96-365-01; Chapter 975 of the Statutes of 1995).
(32)Prevailing Wage Rate (01-TC-28; Chapter 1249 of the Statutes of 1978).
(33)Public Contracts (02-TC-35; Chapter 1073 of the Statutes of 1985; Chapter 1408 of the Statutes of 1988; Chapter 330 of the Statutes of 1989; Chapter 1414 of the Statutes of 1990; Chapter 321 of the Statutes of 1990; Chapter 799 of the Statutes of 1992; and Chapter 726 of the Statutes of 1994).
(34)Pupil Health Screenings (CSM 4440; Chapter 1208 of the Statutes of 1976; Chapter 373 of the Statutes of 1991; and Chapter 750 of the Statutes of 1992).
(35)Pupil Promotion and Retention (98-TC-19; Chapter 100 of the Statutes of 1981; Chapter 1388 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 1263 of the Statutes of 1990; and Chapters 742 and 743 of the Statutes of 1998).
(36)Pupil Safety Notices (02-TC-13; Chapter 498 of the Statutes of 1983; Chapter 482 of the Statutes of 1984; Chapter 948 of the Statutes of 1984; Chapter 196 of the Statutes of 1986; Chapter 332 of the Statutes of 1986; Chapter 445 of the Statutes of 1992; Chapter 1317 of the Statutes of 1992; Chapter 589 of the Statutes of 1993; Chapter 1172 of the Statutes of 1994; Chapter 1023 of the Statutes of 1996; and Chapter 492 of the Statutes of 2000).
(37)Pupil Expulsions (CSM 4455; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 318 of the Statutes of 1982; Chapter 498 of the Statutes of 1983; Chapter 622 of the Statutes of 1984; Chapter 942 of the Statutes of 1987; Chapter 1231 of the Statutes of 1990; Chapter 152 of the Statutes of 1992; Chapters 1255, 1256, and 1257 of the Statutes of 1993; and Chapter 146 of the Statutes of 1994).
(38)Pupil Expulsion Appeals (CSM 4463; Chapter 1253 of the Statutes of 1975; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; and Chapter 498 of the Statutes of 1983).
(39)Pupil Suspensions (CSM 4456; Chapter 965 of the Statutes of 1977; Chapter 668 of the Statutes of 1978; Chapter 73 of the Statutes of 1980; Chapter 498 of the Statutes of 1983; Chapter 856 of the Statutes of 1985; and Chapter 134 of the Statutes of 1987).
(40)School Accountability Report Cards (97-TC-21, 00-TC-09, 00-TC-13, and 02-TC-32; Chapter 918 of the Statutes of 1997; Chapter 912 of the Statutes of 1997; Chapter 824 of the Statutes of 1994; Chapter 1031 of the Statutes of 1993; Chapter 759 of the Statutes of 1992; and Chapter 1463 of the Statutes of 1989).
(41)School District Fiscal Accountability Reporting (97-TC-19; Chapter 100 of the Statutes of 1981; Chapter 185 of the Statutes of 1985; Chapter 1150 of the Statutes of 1986; Chapters 917 and 1452 of the Statutes of 1987; Chapters 1461 and 1462 of the Statutes of 1988; Chapter 525 of the Statutes of 1990; Chapter 1213 of the Statutes of 1991; Chapter 323 of the Statutes of 1992; Chapters 923 and 924 of the Statutes of 1993; Chapters 650 and 1002 of the Statutes of 1994; and Chapter 525 of the Statutes of 1995).
(42)School District Reorganization (98-TC-24; Chapter 1192 of the Statutes of 1980; and Chapter 1186 of the Statutes of 1994).
(43)Student Records (02-TC-34; Chapter 593 of the Statutes of 1989; Chapter 561 of the Statutes of 1993; Chapter 311 of the Statutes of 1998; and Chapter 67 of the Statutes of 2000).
(44)The best practices teacher evaluation system described in Sections 44661 and 44662 of the Education Code.
(45)The school administrator evaluation system described in Section 44670 of the Education Code.
(46)The Stull Act (98-TC-25; Chapter 498 of the Statutes of 1983; and Chapter 4 of the Statutes of 1999).
(47)Threats Against Peace Officers (CSM 96-365-02; Chapter 1249 of the Statutes of 1992; and Chapter 666 of the Statutes of 1995).
(48)Uniform Complaint Procedures (03-TC-02; Chapter 1117 of the Statutes of 1982; Chapter 1514 of the Statutes 1988; and Chapter 914 of the Statutes of 1998).
(49)Williams Case Implementation I, II, and III (05-TC-04, 07-TC-06, and 08-TC-01; Chapters 900, 902, and 903 of the Statutes of 2004; Chapter 118 of the Statutes of 2005; Chapter 704 of the Statutes of 2006; and Chapter 526 of the Statutes of 2007).
(50)Pupil Expulsions II, Pupil Suspensions II, and Educational Services Plan for Expelled Pupils (96-358-03, 03A, 98-TC-22, 01-TC-18, 98-TC-23, 97-TC-09; Chapters 972 and 974 of the Statutes of 1995; Chapters 915, 937, and 1052 of the Statutes of 1996; Chapter 637 of the Statutes of 1997; Chapter 498 of the Statutes of 1998; Chapter 332 of the Statutes of 1999; Chapter 147 of the Statutes of 2000; and Chapter 116 of the Statutes of 2001).
(f)Notwithstanding Section 10231.5, on or before November 1 of each fiscal year, the Superintendent of Public Instruction shall produce a report that indicates the total amount of block grant funding each school district, county office of education, and charter school received in that fiscal year pursuant to this section. The Superintendent of Public Instruction shall provide this report to the appropriate fiscal and policy committees of the Legislature, the Controller, the Department of Finance, and the Legislative Analysts Office.
(g)This section shall become operative on July 1, 2018.
SEC. 20.It is the intent of the Legislature to provide adequate resources to train evaluators, continue robust beginning teacher induction programs, and support struggling educators.
SEC. 19.SEC. 21.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.
(a)The governing board of a school district or a county board of education, on a districtwide or countywide basis or on behalf of one or more of its schools or programs, after a public hearing on the matter, may request the State Board of Education state board to waive all or part of any section of this code or any regulation adopted by the State Board of Education state board that implements a provision of this code that may be waived, except:
(1)Article 1 (commencing with Section 15700) and Article 2 (commencing with Section 15780) of Chapter 4 of Part 10. 10 of Division 1 of Title 1.
(2)Chapter 6 (commencing with Section 16000) of Part 10. 10 of Division 1 of Title 1.
(3)Chapter 12 (commencing with Section 17000), Chapter 12.5 (commencing with Section 17070.10), and Chapter 14 (commencing with Section 17085) of Part 10. 10 of Division 1 of Title 1.
(4)Part 13 (commencing with Section 22000), Part 13.5 (commencing with Section 25900), and Part 14 (commencing with Section 26000). 26000) of Division 1 of Title 1.
(5)Section 35735.1.
(6)Paragraph (8) of subdivision (a) of Section 37220.
(7)The following provisions of Part 10.5 (commencing with Section 17211): 17210) of Division 1 of Title 1:
(A)Chapter 1 (commencing with Section 17211). 17210).
(B)Article 1 (commencing with Section 17251) to Article 6 (commencing with Section 17365), inclusive, of Chapter 3.
(C)Sections 17416 to 17429, inclusive; Sections 17459 and 17462 and 17462; subdivision (a) of Section 17464; and Sections 17582 to 17592, 17591, inclusive.
(8)The following provisions of Part 24 (commencing with Section 41000): 41000) of Division 3.
(A)Sections 41000 to 41360, inclusive.
(B)Sections 41420 to 41423, inclusive.
(C)Sections 41600 to 41866, 41863, inclusive.
(D)Sections 41920 to 42911, 41930 to 42850, inclusive.
(9)Sections 44504 and 44505.
(10)Article 11 (commencing with Section 44660) of Chapter 3 of Part 25 of Division 3.
(11)Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3.
(10)
(12)Article 3 (commencing with Section 44930) of Chapter 4 of Part 25 of Division 3 and regulations in Title 5 of the California Code of Regulations adopted pursuant to Article 3 (commencing with Section 44930) of Chapter 4 of Part 25. 25 of Division 3.
(11)
(13)Part 26 (commencing with Section 46000). 46000) of Division 4.
(12)
(14)Chapter 6 (commencing with Section 48900) and Chapter 6.5 (commencing with Section 49060) of Part 27. 27 of Division 4.
(13)
(15)Section 51513.
(14)Chapter 6.10 (commencing with Section 52120) of Part 28, relating to class size reduction.
(15)
(16)Section 52163.
(16)
(17)The identification and assessment criteria relating to any categorical aid program, including Sections 52164.1 and 52164.6.
(17)
(18)Sections 52165, 52166, and 52178.
(18)
(19)Article 3 (commencing with Section 52850) of Chapter 12 of Part 28. 28 of Division 4.
(19)
(20)Section 56364.1, except that this restriction shall not prohibit the State Board of Education state board from approving any waiver of Section 56364 or 56364.2, as applicable, 56364.2, relating to full inclusion.
(20)
(21)Article 4 (commencing with Section 60640) of Chapter 5 of Part 33, 33 of Division 4, relating to the STAR Program, California Assessment of Student Performance and Progress (CAASPP), and any other provisions of Chapter 5 (commencing with Section 60600) of Part 33 of Division 4 that establish requirements for the STAR Program. CAASPP.
(b)Any waiver of provisions related to the programs identified in Section 52851 shall be granted only pursuant to Article 3 (commencing with Section 52850) of Chapter 12 of Part 28. 28 of Division 4.
(c)The waiver of an advisory committee required by law shall be granted only pursuant to Article 4 (commencing with Section 52870) of Chapter 12 of Part 28. 28 of Division 4.
(d)Any A request for a waiver submitted by the governing board of a school district or a county board of education pursuant to subdivision (a) shall include a written statement as to both of the following:
(1)Whether the exclusive representative of employees, if any, as provided in Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, participated in the development of the waiver.
(2)The exclusive representatives position regarding the waiver.
(e)Any A request for a waiver submitted pursuant to subdivision (a) relating to a regional occupational center or program established pursuant to Article 1 (commencing with Section 52300) of Chapter 9 of Part 28, that 28 of Division 4, which is operated by a joint powers entity established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall be submitted as a joint waiver request for each participating school district and shall meet both of the following conditions:
(1)Each joint waiver request shall comply with all of the requirements of this article.
(2)The submission of a joint waiver request shall be approved by a unanimous vote of the governing board of the joint powers agency.
(f)The governing board of any school district requesting a waiver under this section of any provision of Article 5 (commencing with Section 39390) of Chapter 3 of Part 23 shall provide written notice of any public hearing it conducted pursuant to subdivision (a), at least 30 days prior to the hearing, to each public agency identified under Section 39394.
SEC. 2.Section 35161.5 is added to the Education Code, to read:35161.5.(a)The governing board of each school district shall establish standards of expected pupil achievement at each grade level that it serves in each area of study.
(b)This section shall become operative on July 1, 2016.
SECTION 1.SEC. 3.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 that may, at the discretion of the governing board of the school district, be uniform throughout the school district or, for compelling reasons, be individually developed for territories or schools within the school district, provided that all certificated personnel of the school district shall be subject to a system of evaluation and assessment adopted pursuant to this article.
(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, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 2.SEC. 4.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 pedagogical 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.
(5)Certificated, noninstructional employees share the same deep commitment to children, families, and communities, and they provide essential support and administrative services to pupils and teachers that enable pupils to succeed.
(b)The Legislature further finds and declares that because teachers are the most important school-related factor for influencing pupil academic success 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)The Legislature further finds and declares that the attributes of the best practices teacher evaluation system established pursuant to this article are based on the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing in October of 2009, and the system of evaluation for school administrators established pursuant to Article 13 (commencing with Section 44670) is based on the California Professional Standards for Educational Leaders adopted by the Commission on Teacher Credentialing in February of 2014.
(c)
(d)This article does not apply to certificated personnel who are employed on an hourly basis in adult education classes.
(d)
(e)This section shall become operative on July 1, 2016.
SEC. 3.SEC. 5.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 of a school district shall avail itself of the advice of the certificated instructional personnel in the school districts organization of certificated personnel.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 4.SEC. 6.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, 2016.
SEC. 5.SEC. 7.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, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 6.SEC. 8.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 employees adherence to curricular objectives.
(4)The establishment and maintenance of a suitable learning environment, within the scope of the employees 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 employees participation in the California 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 the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria.
(g)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 7.SEC. 9.Section 44662 is added to the Education Code, to read:44662.(a)A best practices teacher evaluation system shall include, but not be limited to, the following attributes:
(1)An evaluation of each teacher based 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, to the extent that those environments are within the teachers control.
(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 certificated 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 on multiple measures, as follows:
(i)Multiple measures shall include state and local formative and summative assessments in the grade levels and subjects that these assessments are administered.
(ii)Multiple measures 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.
(iii)Measures used for assessing pupil academic growth shall be valid and reliable for the curriculum and the pupil being taught and 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 publishers 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 former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for the purpose of improving a pupils English proficiency. Pupil data used for purposes of teacher evaluation shall be confidential in the same manner as all other elements of a teachers personnel file. It is the intent of the Legislature that any assessments developed by a national consortium and adopted by the state board and used for purposes of this section meet statistical and psychometric standards appropriate for this use.
(2)Multiple observations of instructional and other professional practices that are conducted by evaluators who have been appropriately trained and calibrated to ensure consistency 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 that is appropriate to the teachers assignment.
(C)Before each formal observation, the observer shall meet with the teacher to discuss the purpose of the observation.
(D)After each formal 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.
(E)Nothing in this subdivision shall prohibit evaluators from conducting unscheduled classroom visits.
(3)A minimum of three performance levels for the evaluation of teacher performance for purposes of Section 44664.
(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 the need for professional development or providing corrective advice for the certificated employee being evaluated. A nonsupervisory 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 not apply to certificated employees who hold an administrative services credential, as defined in Section 44270.
(d)Notwithstanding any other law, a best practices teacher evaluation system adopted pursuant to this article shall not omit any of the attributes specified in this section.
(c)
(e)This section shall become operative on July 1, 2016.
SEC. 8.SEC. 10.Section 44662.1 is added to the Education Code, to read:44662.1.The state board, in consultation with the Superintendent and appropriate education stakeholder groups, may adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts that may include all of the following:
(a)Model evaluation systems that may be used by school districts to implement the best practices teacher evaluation system pursuant to Sections 44661 and 44662, as added by Sections 4 and 7 6 and 9 of the act adding this section.
(b)Model processes for implementing observations of instructional and other professional practices pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 9 of the act adding this section.
(c)Model processes for defining calibration for purposes of training evaluators pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 9 of the act adding this section.
(d)Model processes for developing the observation tool that may be used for observations of instructional and other professional practices pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 9 of the act adding this section.
(e)Model processes for determining and defining the performance levels for the evaluation of teacher performance pursuant to paragraph (3) of subdivision (a) of Section 44662, as added by Section 7 9 of the act adding this section.
SEC. 9.SEC. 11.Section 44662.5 is added to the Education Code, to read:44662.5.(a)The governing board of each school district shall establish and define job responsibilities for certificated, noninstructional employees, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (a) of Section 44662. The governing board of each school district shall evaluate and assess provide for the evaluation and assessment of the performance of certificated, noninstructional employees as it reasonably relates to the fulfillment of those responsibilities.
(b)This section shall become operative on July 1, 2016.
SEC. 10.SEC. 12.Section 44662.6 is added to the Education Code, to read:44662.6.(a)(1)On or before May 1, 2016, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, the governing board of each school district, at a regularly scheduled public hearing, shall seek comment on the development and implementation of the best practices teacher evaluation system. The governing board of a school district shall use the comments received at the hearing to guide the development and implementation of the best practices teacher evaluation system.
(2)On or before May 1 of each year prior to before local negotiations required pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board of each school district shall seek comment on the best practices teacher evaluation system. The governing board of each school district shall also seek public comment on the best practices teacher evaluation system both during local negotiations and before the final agreement of local negotiations.
(3)If, by mutual agreement between a school district and the collective bargaining unit, an intermediate mid-year agreement is reached regarding a best practices teacher evaluation system, the negotiation timeline shall allow time for the governing board of the school district to hold a public hearing to seek comment on the best practices teacher evaluation system.
(b)Consistent with Section 3547 of the Government Code and no more than 30 days after the local negotiations required pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board of each school district shall disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing.
SEC. 11.SEC. 13.Section 44662.7 is added to the Education Code, to read:44662.7.(a)Notwithstanding any other law, for the 201617 fiscal year, ____ dollars ($____) shall be appropriated from the General Fund to the department for allocation to school districts for the purpose of implementing the best practices teacher evaluation system established pursuant to Sections 44661 and 44662, as added by Sections 4 and 7 of the act adding this section. The amount appropriated by this section shall be allocated based on the number of certificated staff employed at the eligible schoolsites by a recipient school district. School districts shall use the funds to plan for the implementation of the best practices teacher evaluation system, including, but not limited to, doing both of the following:
(1)Train Training evaluators to ensure calibration and consistency in conducting observations pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(2)Develop Developing the uniform observation tool used in observations pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(b)Funds provided to a school district pursuant to this section shall support activities related to implementation of the best practices teacher evaluation system developed pursuant to subdivision (b) of Section 44661, as added by Section 4 of the act adding this section.
(c)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 12.SEC. 14.Section 44662.8 is added to the Education Code, to read:44662.8.(a)This article does not supersede or invalidate a teacher evaluation system that is locally negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code and that is in effect at the time this section becomes operative. If a locally negotiated teacher evaluation system is in effect at the time this section becomes operative, the teacher evaluation system shall remain in effect until the parties to the agreement negotiate a successor agreement. A memorandum of understanding shall not extend the adoption of a locally negotiated teacher evaluation system that is in effect at the time this section becomes operative.
(b)This section shall become operative on July 1, 2016.
SEC. 13.SEC. 15.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 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 certificated employee.
(1)If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board of the school district, the employing authority shall notify the certificated employee in writing of that fact and describe the unsatisfactory performance.
(2)The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees performance and endeavor to assist the employee in his or her performance.
(3)If a permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district.
(c)(1)An evaluation performed pursuant to this article that contains an unsatisfactory rating of a certificated employees 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 certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(2)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 an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California 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 of the school district.
(e)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 14.SEC. 16.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 certificated employee.
(1)If a certificated 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 certificated employee in writing of that fact and describe the unsatisfactory performance.
(2)The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees performance and endeavor to assist the certificated employee in his or her performance.
(3)If a permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall do both of the following:
(A)Provide professional development based on the specific recommendations as to areas of improvement in the certificated employees performance.
(B)Annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district.
(c)(1)An evaluation performed pursuant to this article that contains an unsatisfactory rating of a certificated employees 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 certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(2)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 an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California 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, 2016.
SEC. 17.Article 13 (commencing with Section 44670) of Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code is repealed.SEC. 18.Article 13 (commencing with Section 44670) is added to Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code, to read:13.Administrator Evaluations44670.(a)The governing board of each school district shall establish a system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. The evaluation system shall include, but not be limited to, all of the following attributes:
(1)Promoting the success of all pupils by facilitating the development and implementation of a vision of pupil learning, including, but not limited to, communicating with parents, pupils, and the community regarding the importance of a standards-based education and high expectations for all pupils.
(2)Advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, including, but not limited to, all of the following:
(A)Promoting equity, fairness, and respect among staff, pupils, and members of the school community with acknowledgment of the role cultural attributes have in pupil learning.
(B)Supporting professional development opportunities for staff that encourage collaboration and effective instructional practice with the goal of improving outcomes for all pupils.
(3)Ensuring the management, organization, and operation of a safe and successful learning environment, as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate, including, but not limited to, supporting curricular and management leadership in all of these areas and successfully implementing a best practices teacher evaluation system established pursuant to Sections 44661 and 44662, as added by Sections 6 and 9 of the act adding this section.
(4)Collaborating with parents and the community to establish an inclusive school environment, including, but not limited to, embracing and recognizing that diversity strengthens a learning environment and promotes meaningful parent and community engagement, as required by Section 52062 for the development of the local control and accountability plan established pursuant to Section 52060.
(5)(A)Providing ethical and professional leadership that fosters effective instructional practice as evidenced by promoting quality teaching and instructional strategies and provides relevant, effective feedback that leads to pupil learning. School administrators shall be held accountable for the academic growth of pupils over time and academic growth shall be based on multiple measures that may include pupil work as well as pupil and school longitudinal data.
(B)Multiple measures shall include state and local formative and summative assessments. For school administrators who supervise certificated staff that directly instruct English learner pupils acquiring English, assessment information shall include the results of assessments adopted pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4.
(C)Multiple measures may include, but are not limited to, benchmark, end-of-chapter, end-of-course, advanced placement, international baccalaureate, college entrance, or performance assessments.
(D)Pupil data used for purposes of an administrator evaluation shall be confidential in the same manner as all other elements of an administrators personnel file.
(6)Providing professional leadership by understanding, responding, and influencing the larger social, political, cultural and legal context with the goal of ensuring pupil success, as evidenced by working in collaboration with the governing board of the school district, bargaining units, and local school, school district, and community leaders.
(b)The governing board of a school district shall identify who will conduct the evaluation of each school administrator.
(1)A school administrator shall be evaluated annually for the first and second year of employment as a new administrator in a school district. The governing board of the school district may determine the frequency at regular intervals of evaluations after this period.
(2)Additional evaluations that occur outside of the regular intervals determined by the governing board of the school district shall be agreed upon between the evaluator and the administrator.
(3)Evaluators and administrators shall review school success and progress throughout the year. This review should include goals that are defined by the school district, including, but not limited to, the goals specified in the local control and accountability plan approved by the governing board of the school district pursuant to Section 52060.
SEC. 15.SEC. 19.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.
(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 that may, at the discretion of the governing board, board of the school district, be uniform throughout the school district or, for compelling reasons, be individually developed for territories or schools within the school district, provided that all certificated personnel of the school 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, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
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 pedagogical 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.
(5)Certificated, noninstructional employees share the same deep commitment to children, families, and communities, and they provide essential support and administrative services to pupils and teachers that enable pupils to succeed.
(b)The Legislature further finds and declares that because teachers are the most important school-related factor for influencing pupil academic success 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 article does not apply to certificated personnel who are employed on an hourly basis in adult education classes.
(d)This section shall become operative on July 1, 2016.
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 of a school district shall avail itself of the advice of the certificated instructional personnel in the school districts 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. personnel.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
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, 2016.
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, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
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 employees adherence to curricular objectives.
(4)The establishment and maintenance of a suitable learning environment, within the scope of the employees 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 employees participation in the California 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 the governing board of a school district to develop and adopt additional evaluation and assessment guidelines or criteria.
(g)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 7.Section 44662 is added to the Education Code, to read:44662.(a)A best practices teacher evaluation system shall include, but not be limited to, the following attributes:
(1)An evaluation of each teacher based 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, to the extent that those environments are within the teachers control.
(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 on multiple measures, as follows:
(i)Multiple measures shall include state and local formative and summative assessments in the grade levels and subjects that these assessments are administered.
(ii)Multiple measures 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.
(iii)Measures used for assessing pupil academic growth shall be valid and reliable for the curriculum and the pupil being taught and 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 publishers 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 former Section 60811.3, as that section read on June 30, 2013, or Section 60811.4, for the purpose of improving a pupils English proficiency. Pupil data used for purposes of teacher evaluation shall be confidential in the same manner as all other elements of a teachers personnel file. It is the intent of the Legislature that any assessments developed by a national consortium and adopted by the state board and used for purposes of this section meet statistical and psychometric standards appropriate for this use.
(2)Multiple observations of instructional and other professional practices that are conducted by evaluators who have been appropriately trained and calibrated to ensure consistency 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 that is appropriate to the teachers assignment.
(C)Before each formal observation, the observer shall meet with the teacher to discuss the purpose of the observation.
(D)After each formal 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.
(3)A minimum of three performance levels for the evaluation of teacher performance for purposes of Section 44664.
(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 the need for professional development or providing corrective advice for the certificated employee being evaluated. A nonsupervisory 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, 2016.
SEC. 8.Section 44662.1 is added to the Education Code, to read:44662.1.The state board, in consultation with the Superintendent and appropriate education stakeholder groups, may adopt nonregulatory guidance to support the implementation of a best practices teacher evaluation system by school districts that may include all of the following:
(a)Model evaluation systems that may be used by school districts to implement the best practices teacher evaluation system pursuant to Sections 44661 and 44662, as added by Sections 4 and 7 of the act adding this section.
(b)Model processes for implementing observations of instructional and other professional practices pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(c)Model processes for defining calibration for purposes of training evaluators pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(d)Model processes for developing the observation tool that may be used for observations of instructional and other professional practices pursuant to paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(e)Model processes for determining and defining the performance levels for the evaluation of teacher performance pursuant to paragraph (3) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
SEC. 9.Section 44662.5 is added to the Education Code, to read:44662.5.(a)The governing board of each school district shall establish and define job responsibilities for certificated, noninstructional employees, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (a) of Section 44662. The governing board of each school district shall evaluate and assess the performance of certificated, noninstructional employees as it reasonably relates to the fulfillment of those responsibilities.
(b)This section shall become operative on July 1, 2016.
SEC. 10.Section 44662.6 is added to the Education Code, to read:44662.6.(a)(1) On or before May 1, 2016, the governing board of each school district, at a regularly scheduled public hearing, shall seek comment on the development and implementation of the best practices teacher evaluation system. The governing board of a school district shall use the comments received at the hearing to guide the development and implementation of the best practices teacher evaluation system.
(2)On or before May 1 of each year prior to local negotiations required pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board of each school district shall seek comment on the best practices teacher evaluation system.
(b)Consistent with Section 3547 of the Government Code and no more than 30 days after the local negotiations required pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code, the governing board of each school district shall disclose the provisions of the best practices teacher evaluation system at a regularly scheduled public hearing.
SEC. 11.Section 44662.7 is added to the Education Code, to read:44662.7.(a)Notwithstanding any other law, for the 201617 fiscal year, ____ dollars ($____) shall be appropriated from the General Fund to the department for allocation to school districts for the purpose of implementing the best practices teacher evaluation system established pursuant to Sections 44661 and 44662, as added by Sections 4 and 7 of the act adding this section. The amount appropriated by this section shall be allocated based on the number of certificated staff employed at the eligible schoolsites by a recipient school district. School districts shall use the funds to plan for the implementation of the best practices teacher evaluation system, including, but not limited to, both of the following:
(1)Train evaluators to ensure calibration and consistency in conducting observations pursuant to subparagraph (A) of paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(2)Develop the uniform observation tool used in observations pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 44662, as added by Section 7 of the act adding this section.
(b)Funds provided to a school district pursuant to this section shall support activities related to implementation of the best practices teacher evaluation system developed pursuant to subdivision (b) of Section 44661, as added by Section 4 of the act adding this section.
(c)This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
SEC. 12.Section 44662.8 is added to the Education Code, to read:44662.8.(a)This article does not supersede or invalidate a teacher evaluation system that is locally negotiated pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code and that is in effect at the time this section becomes operative. If a locally negotiated teacher evaluation system is in effect at the time this section becomes operative, the teacher evaluation system shall remain in effect until the parties to the agreement negotiate a successor agreement.
(b)This section shall become operative on July 1, 2016.
SEC. 13.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, 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 employees 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.
(b)The evaluation shall include recommendations, if necessary, as to areas of improvement in the performance of the certificated employee.
(1)If an employee is not performing his or her duties in a satisfactory manner according to the standards prescribed by the governing board of the school district, the employing authority shall notify the certificated employee in writing of that fact and describe the unsatisfactory performance.
(2)The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees performance and endeavor to assist the employee in his or her performance.
(3)If a permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district.
(c)Any (1)An evaluation performed pursuant to this article which that contains an unsatisfactory rating of an a certificated employees 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 certificated employees 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.
(2)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 an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California 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. board of the school district.
(e)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2017, deletes or extends the dates on which it becomes inoperative and is repealed.
SEC. 14.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 certificated employee.
(1)If a certificated 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 certificated employee in writing of that fact and describe the unsatisfactory performance.
(2)The employing authority shall thereafter confer with the certificated employee making specific recommendations as to areas of improvement in the certificated employees performance and endeavor to assist the certificated employee in his or her performance.
(3)If a permanent certificated employee has received an unsatisfactory evaluation, the employing authority shall do both of the following:
(A)Provide professional development based on the specific recommendations as to areas of improvement in the certificated employees performance.
(B)Annually evaluate the certificated employee until the certificated employee achieves a positive evaluation or is separated from the school district.
(c)(1) An evaluation performed pursuant to this article that contains an unsatisfactory rating of a certificated employees 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 certificated employees performance and to further pupil achievement and the instructional objectives of the employing authority.
(2)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 an unsatisfactory rating on an evaluation performed pursuant to this section shall participate in the California 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, 2016.
SEC. 15.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.
|
Date
|
Status
|
|---|---|
| May 8, 2015 | Set for hearing May 18. |
| Jun 18, 2015 | Referred to Com. on ED. |
| Jun 4, 2015 | In Assembly. Read first time. Held at Desk. |
| Jun 3, 2015 | Read third time. Passed. (Ayes 23. Noes 16.) Ordered to the Assembly. |
| Jun 3, 2015 | Read third time. Passed. (Ayes 23. Noes 16. Page 1291.) Ordered to the Assembly. |
| Jun 2, 2015 | Read second time and amended. Ordered to third reading. |
| Jun 1, 2015 | From committee: Do pass as amended. (Ayes 5. Noes 2.) (May 28). |
| Jun 1, 2015 | From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1155.) (May 28). |
| May 23, 2015 | Set for hearing May 28. |
| May 18, 2015 | May 18 hearing: Placed on APPR. suspense file. |
| Feb 26, 2015 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| Apr 30, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Apr 29, 2015 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 2. Page 722.) (April 22). |
| Apr 10, 2015 | Set for hearing April 22. |
| Apr 9, 2015 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ED. |
| Apr 6, 2015 | April 15 hearing postponed by committee. |
| Apr 2, 2015 | Set for hearing April 15. |
| Mar 12, 2015 | Referred to Com. on ED. |
| Feb 27, 2015 | From printer. May be acted upon on or after March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 3, 2015 | Senate 3rd Reading SB499 Liu | Senate Floor |
Passed |
|
| May 28, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 18, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Association Of California School Administrators | ** Against | Jun 3, 2015 |
| California Association Of School Business Officials | ** Against | Jun 3, 2015 |
| California Business Roundtable | ** Against | Jun 3, 2015 |
| California Chamber Of Commerce | ** Against | Jun 3, 2015 |
| California County Superintendents Educational Services Association | ** Against | Jun 3, 2015 |
| California Democrats for Education Reform | ** Against | Jun 3, 2015 |
| California School Boards Association | ** Against | Jun 3, 2015 |
| Children Now | ** Against | Jun 3, 2015 |
| Education Trust-West | ** Against | Jun 3, 2015 |
| Educators 4 Excellence | ** Against | Jun 3, 2015 |
| Edvoice | ** Against | Jun 3, 2015 |
| Families In Schools | ** Against | Jun 3, 2015 |
| Los Angeles Unified School District | ** Against | Jun 3, 2015 |
| Orange County Department Of Education | ** Against | Jun 3, 2015 |
| Parents Advocate League | ** Against | Jun 3, 2015 |
| Public Advocates | ** Support | Jun 3, 2015 |
| Riverside County Schools Advocacy Association | * Indeterminate | Apr 22, 2015 |
| Riverside County Superintendent of Schools | ** Against | Jun 3, 2015 |
| Small School Districts Association | ** Against | Jun 3, 2015 |
| Students Matter | ** Against | Jun 3, 2015 |
| Studentsfirst | ** Against | Jun 3, 2015 |
| Teach Plus | ** Against | Jun 3, 2015 |
SB 499
Page 10
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: SB 499
Author: Liu (D) and De León (D)
Amended: 6/2/15
SENATE EDUCATION COMMITTEE: 7-2, 4/22/15
AYES: Liu, Block, Hancock, Leyva, Mendoza, Monning, Pan
NOES: Runner, Vidak
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/28/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
SUBJECT: Teachers: best practices teacher evaluation system: school administrator evaluation
DIGEST: This bill repeals and replaces various provisions of existing law governing the evaluation of certificated employees and beginning July 1, 2018, requires school districts to implement a best practices teacher evaluation system. This bill also repeals and replaces provisions of existing law regarding school administrator evaluations.
Existing law:
Authorizes the Stull Act which expresses legislative intent that school districts and county governing boards establish a uniform system of evaluation and assessment of certificated personnel. With the exception of certificated personnel who are employed on an hourly basis to teach adult education classes, the Stull Act requires school districts to evaluate and assess teacher performance, as specified, including teacher performance as it reasonably relates to:
Progress of pupils toward district-adopted and, if applicable, state-adopted academic content standards as measured by state-adopted criterion referenced tests;
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.
Requires an evaluation and assessment of the performance of each certificated employee to be made at least once each school year for probationary personnel, at least every other year for personnel with permanent status, and at least every five years for permanent employees who have been employed with the district at least 10 years and were rated as meeting or exceeding standards in their previous evaluation. Teachers who receive an unsatisfactory rating may be required to participate in a program designed to improve the employee’s performance and to further pupil achievement and the instructional objectives of the district. However, if the district participates in the Peer Assistance and Review (PAR) program, then the teachers who receive an unsatisfactory rating are required to participate in that program.
Establishes the PAR program for teachers by authorizing school districts and the exclusive representative of the certificated employees to develop and implement the program locally. The PAR program is to include multiple observations of a teacher during periods of classroom instruction and sufficient staff development activities to assist a teacher in improving his or her skills and knowledge. The final evaluation of a teacher’s participation in the program is made available for placement in his or her personnel file.
This bill recasts various provisions of the law governing the evaluation of certificated employees. Specifically, this bill:
Makes inoperative as of July 1, 2018, and repeals as of January 1, 2019, the following Stull Act requirements:
Legislative intent that governing boards establish a uniform system for evaluation and assessment.
The requirement that a governing board, in the development and adoption of evaluation guidelines and procedures avail itself of the advice of the certificated instructional personnel in the district as part of a locally negotiated collective bargaining agreement.
The authorization that a school district may include standards from the National Board of Professional Teaching Standards or the California Standards for the Teaching Profession (CSTP) in its evaluation and assessment guidelines.
The requirement that the governing board of each school district:
Establish standards of expected pupil achievement at each grade level in each area of study, and
Evaluate and assess certificated employee performance as it reasonably relates to the progress of pupils on those standards and applicable state adopted content standards as measured by state adopted criterion referenced assessments and other specified criteria.
Makes findings and declarations regarding teaching, the characteristics of effective teaching, and the importance of teachers in influencing student academic success. 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 higher levels of pupil learning.
Requires, beginning July 1, 2018, the governing board of each school district to adopt and implement a best practices teacher evaluation system (BPTES). Requires the BPTES to be locally negotiated pursuant to the Educational Employment Relations Act; and specifies that if the certificated employees of the school district do not have an exclusive bargaining representative, the governing board must adopt objective evaluation and support components, as applicable.
Requires a BPTES to include, but not be limited to, specified attributes, including the evaluation of each teacher based on the degree to which a teacher accomplishes the following objectives:
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.
Creates and maintains effective environments for pupil learning, to the extent that those environments are within the teacher’s control.
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.
Plans instruction and designs learning experiences for pupils, evidence of which may include use of differential instruction and practices and use of culturally responsive instruction, such as incorporation of multicultural information and content into the delivery of curriculum, to eliminate the achievement gap.
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 certificated employees who directly instruct English learner pupils in acquiring English language fluency, the assessment information shall include the results of the English language development test.
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.
Contributes to pupil academic growth based on multiple measures, as specified, including state and local formative and summative assessments in the grade levels and subjects that these assessments are administered as well as classroom work, pupil grades, classroom participation, presentations and performances, and projects and portfolios as available and applicable for the grade level and subject taught.
Requires that a BPTES include multiple observations of instructional and other professional practices conducted by evaluators who have been appropriately trained and calibrated to ensure consistency and who have demonstrated competence in teaching evaluation, as determined by the school district.
Requires that a BPTES has at least three performance levels.
Permits a locally negotiated evaluation process to designate 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; specifies that non-supervisory certificated employees who conduct or participate in an evaluation are not deemed to be exercising a management or supervisory function, as specified.
Provides that the BPTES shall not apply to certificated employees who hold an administrative services credential.
Authorizes the State Board of Education (SBE), in consultation with the Superintendent of Public Instruction and appropriate education stakeholder groups, to adopt non-regulatory guidance to support the implementation of the BPTES, as specified.
Repeals and replaces, beginning July 1, 2018, the requirement that school district governing boards establish and define job responsibilities for certificated non-instructional personnel, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system; maintains the current requirement that school districts evaluate and assess the performance of non-instructional certificated employees as it reasonably relates to the fulfillment of those responsibilities.
Requires, on or before May 1, 2018, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, governing boards to seek comment on the development and implementation of a BPTES and use the comments received to guide the development and implementation of the BPTES. Requires other public hearing requirements for governing boards, as specified.
Specifies that where a locally negotiated evaluation system is in effect, the evaluation system remains in effect until the parties to the contract negotiate a successor agreement. Provides that a memorandum of understanding shall not extend the adoption of a locally negotiated teacher evaluation system that is in effect at the time this requirement becomes operative.
Recasts requirements governing evaluation cycles for certificated employees and unsatisfactory performance:
Maintains existing requirement that probationary personnel be evaluated at least once each school year and that personnel with permanent status be evaluated at least every other year.
Beginning July 1, 2018, changes the frequency of evaluations for personnel with permanent status who have been employed at least 10 years with a school district who are highly qualified and who were rated as meeting or exceeding standards at the previous evaluation. Specifically, this bill changes the frequency from at least every five years to at least every three years.
Maintains existing requirements for evaluations:
Requires the evaluation to include recommendations, if necessary, as to areas of improvement.
Requires the employing authority to notify an employee in writing if the employee is not performing his or her duties in a satisfactory manner and to describe the unsatisfactory performance. Requires the employing authority to confer with the employee and make specific recommendations as to areas of improvement, and requires an annual evaluation until the employee achieves a positive evaluation or is separated from the district.
Specifies an employee evaluation that contains an unsatisfactory rating of an employee’s performance may include a requirement that the certificated employee participate in a program designed to improve appropriate areas of the employee’s performance, as specified, and requires any certificated employee who receives an unsatisfactory rating on an evaluation to participate in a Peer Assistance and Review Program for Teachers if the district has such a program.
Requires the employing authority, if an employee has received an unsatisfactory evaluation, to provide professional development based on the specific recommendations as to areas of improvement in the employee’s performance.
Maintains the existing requirement that hourly and temporary hourly employees are excluded by the provisions governing the teacher evaluation system, and provides that substitute teachers may be excluded at the discretion of the governing board.
Repeals the existing provisions of law governing administrator evaluations effective July 1, 2018, and requires governing boards to establish a new system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement, as specified.
Requires governing boards to identify who will conduct the evaluation of each school administrator.
Requires a school administrator to be evaluated annually for the first and second year of employment as a new administrator in a school district and allows the governing board to determine the frequency at regular intervals of evaluations after this period.
Provides that additional evaluations that occur outside of the regular intervals determined by the governing board shall be agreed upon between the evaluator and the administrator.
Requires evaluators and administrators to review school success and progress throughout the year. This review should include goals that are defined by the school district, including, but not limited, to the goals specified in the local control and accountability plan approved by the school district pursuant to Education Code § 52060.
Prohibits the SBE from waiving the best practices teacher evaluation system requirements.
Comments
Need
for the bill. According to the author’s office, teacher
evaluation under the Stull Act is too often inconsistent, unclear,
and does little to foster a culture of continuous improvement for
teachers. While some districts do incorporate student performance in
their evaluation systems, others do not, and in districts that simply
rate their employees as “meeting” or “not meeting”
expectations, teachers may not receive sufficient feedback during the
evaluation process to understand how to improve their practice.
According to a 2010 report released by the National Board Resource
Center at Stanford University, “While evaluation processes across
the state vary widely, many of them look very much the same as they
did in 1971…” Comments from Accomplished California Teachers
indicate that current approaches to teacher evaluation results in a
system that teachers do not trust, that rarely offers clear direction
for improving practice, and often charges school leaders to implement
without preparation or resources. A January 2011 report by the
Center for the Future of Teaching and Learning notes that evaluations
pay “scarce attention to student learning or do not connect that
learning to elements of teacher content knowledge or instructional
skills that could be improved.”
Current
research. Several studies document the correlation between
teacher quality and student achievement. According to information
provided by the author, research indicates differential teacher
effectiveness is a strong determinant of differences in student
learning, far outweighing the effects of differences in class size
and heterogeneity. Studies have shown that students who are assigned
to several ineffective teachers in a row have significantly lower
achievement and gains in achievement than those who are assigned to
several highly effective teachers.
The Center for the
Future of Teaching and Learning has recommended making teacher
evaluation multi-dimensional, strengthening the training of those who
conduct evaluations and tying evaluation results directly to
substantive feedback to teachers. The National Comprehensive Center
for Teacher Quality suggests a strong evaluation system must “involve
teachers and stakeholders in developing the system; use multiple
indicators; and give teachers opportunities to improve in the areas
in which they score poorly.” Likewise, the New Teacher Project
states “evaluations should provide all teachers with regular
feedback that helps them grow as professionals, no matter how long
they have been in the classroom. The primary purpose of evaluations
should not be punitive. Good evaluations identify excellent teachers
and help teachers of all skill levels understand how they can
improve.”
Tools to evaluate teacher effectiveness. The stated purpose of this bill is to strengthen teacher quality and improve student outcomes by improving the state’s teacher evaluation requirements. Specifically, this bill contains the following provisions to accomplish that objective:
Use of assessments. Requires both state and local formative and summative assessments to be included in teacher evaluations. Formative assessments are developed locally and are used by teachers to continually inform instruction in the classroom throughout the school year. Summative assessments can be developed locally or statewide, including end of course tests or standardized tests, and assess a student's performance at a point in time.
Evaluation frequency. Requires probationary teachers to be evaluated at least every year and permanent teachers to be evaluated at least every other year, and also reduces the authorization for teachers with more than 10 years of experience to be evaluated from every five years, to every three years. This will result in experienced teachers being evaluated more frequently.
Categories for rating teachers. Increases the categories for rating teachers from two to three.
Multiple measures. Requires pupil academic growth based on multiple measures to be part of a teacher evaluation.
Professional Development. Requires an employing authority to provide professional development based on the specific recommendations as to areas of improvement in a permanent teacher’s performance, if he or she has received an unsatisfactory evaluation. This bill also specifies that teachers who receive an unsatisfactory rating on their evaluation, if a school district has a PAR program in place, they must refer teachers who receive an unsatisfactory review to the PAR program for improvement.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, this bill creates unknown, but significant, costs for a new reimbursable state mandate likely to be in the tens of millions annually. Those costs will be partially offset by repealing law related to an existing mandate. Additionally, there would be cost pressure for the California Department of Education (CDE) to develop non-regulatory guidance which CDE estimates to be $538,000 General Fund over a two-year period.
Superintendent of Public Instruction
Public Advocates
Association of California School Administrators
California Association of School Business Officials
California Business Roundtable
California Chamber of Commerce
California County Superintendents Educational Services Association
California Democrats for Education Reform
California School Boards Association
Children Now
Education Trust—West
Educators 4 Excellence
EdVoice
Families In Schools
Kern County Superintendent of Schools
Los Angeles Unified School District
Orange County Department of Education
Parents Advocate League
Riverside County Superintendent of Schools
Small School Districts Association
Students Matter
StudentsFirst
Teach Plus
Prepared by: Lenin Del Castillo / ED. / (916) 651-4105
6/2/15 22:15:09
**** END ****
SB 499 (Liu) Page 8 of 8
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 499 (Liu) - Teachers: best practices teacher evaluation system: school administrator evaluation.
|
|
Version: April 30, 2015 |
Policy Vote: ED. 7 - 2 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 28, 2015 |
Consultant: Jillian Kissee |
SUSPENSE FILE. AS AMENDED.
Bill
Summary:
This bill repeals and replaces various provisions of
existing law governing the evaluation of certificated employees and
beginning July 1, 2018, requires school districts to implement a best
practices teacher evaluation system, as specified. This bill also
repeals and replaces provisions of existing law regarding school
administrator evaluations.
Fiscal Impact (as approved
on May 28, 2015):
This bill creates unknown, but significant, costs for a new reimbursable state mandate likely to be in the tens of millions annually. Those costs will be partially offset by repealing law related to an existing mandate.
Cost pressure: Non-regulatory guidance – CDE estimates to be $538,000 General Fund over a 2 year period.
Background:
Stull Act
Under existing law, the Stull Act expresses legislative intent that school districts and county governing boards establish a uniform system of evaluation and assessment of certificated personnel. With the exception of certificated personnel who are employed on an hourly basis to teach adult education classes, the Stull Act requires school districts to evaluate and assess teacher performance as it reasonably relates to: the progress of pupils toward district-adopted and, if applicable, state-adopted academic content standards as measured by state-adopted criterion referenced tests; 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. (Education Code § 44660, et. seq.)
Existing law requires an evaluation and assessment of the performance of each certificated employee to be made at least once each school year for probationary personnel, at least every other year for personnel with permanent status, and at least every five years for permanent employees who have been employed with the district at least 10 years and were rated as meeting or exceeding standards in their previous evaluation. Teachers who receive an unsatisfactory rating may be required to participate in a program designed to improve the employee’s performance and to further pupil achievement and the instructional objectives of the district. However, if the district participates in the California Peer Assistance and Review program, then the teachers who receive an unsatisfactory rating are required to participate in that program. (Education Code § 44664)
Existing
law establishes the PAR program for teachers by authorizing school
districts and the exclusive representative of the certificated
employees to develop and implement the program locally. The PAR
programs are to include multiple observations of a teacher during
periods of classroom instruction and sufficient staff development
activities to assist a teacher in improving his or her skills and
knowledge. The final evaluation of a teacher’s participation in
the program is made available for placement in his or her personnel
file. (Education Code § 44505)
Proposed Law: This bill recasts various provisions of the law governing the evaluation of certificated employees. Specifically this bill:
Makes inoperative as of July 1, 2018, and repeals as of January 1, 2019, the following Stull Act requirements:
Legislative intent that governing boards establish a uniform system for evaluation and assessment.
That a governing board, in developing and adopting guidelines, avail itself of the advice of the certificated instructional personnel in the district as part of a locally negotiated collective bargaining agreement.
The authorization that a school district may include objective standards from the National Board of Professional Teaching Standards or the California Standards for the Teaching Profession in its evaluation and assessment guidelines.
That each school district evaluate and assess certificated employee performance as it reasonably relates to the progress of students on the standards they are required to establish on student achievement at each grade level and subject area.
Adds the Evaluation and Assessment of Performance of Certificated Employees and the Principal Evaluation System as established in this bill to the existing list of requirements that a governing board of a school district or a county board of education may not request the State Board of Education (SBE) to waive.
Operative July 1, 2018, this bill:
Provides legislative intent 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 student learning. It also declares that the attributes of the best practices teacher evaluation system established in this bill are based on the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing (CTC) in October 2009, and the system of evaluation for school administrators is based on the California Professional Standards for Educational Leaders adopted by the CTC in February 2014.
Expands the requirement to establish standards of expected student achievement at each grade level that it serves in each area of study to each county board of education, in addition to each school district.
Requires the governing board of each school district and each county office of education to adopt and implement a best practices teacher evaluation as set forth in this bill. Requires this evaluation system to be locally negotiated pursuant to the Educational Employment Relations Act; and specifies that if the certificated employees do not have an exclusive bargaining representative, the governing board of the school district or the county board of education must adopt objective evaluation and support components, as applicable, that are consistent with provisions in this bill.
Requires a best practices teacher evaluation system to include the following attributes:
An evaluation of each teacher based on the degree to which he or she accomplishes the following objectives:
Engages and supports students in learning;
Creates and maintains an effective environment for student learning to the extent it is within the teacher’s control;
Understands and organizes subject matter for student learning;
Plans instruction and designs learning experiences for all students;
Uses student assessment information to inform instruction and improve learning, evidence of which must include, the use of formative and summative assessments, and for those who instruct English learner students, the English language development test;
Develops as a professional educator; and
Contributes to student academic growth based on multiple measures including state and local formative and summative assessments and the degree to which students acquire the English Language Development standards, as applicable.
Multiple observations of instructional and other professional practices that are conducted by evaluators who have been appropriately trained and calibrated to ensure consistency and who have demonstrated competence in teacher evaluation, as determined by the school district. Observations must be conducted using a uniform evaluation tool that is appropriate to the teacher’s assignment.
Specifies that before each formal observation, the observer must meet with the teacher to discuss the purpose of the observation and meet again after the observation to discuss recommendations, as necessary.
A minimum of three performance levels.
Repeals and replaces the requirement that school district governing boards, and adds county boards of education, establish and define job responsibilities for certificated non-instructional personnel, including but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system; maintains the current requirement that school districts, and adds county board of education, evaluate and assess the performance of non-instructional certificated employees as it reasonably relates to the fulfillment of those responsibilities.
Specifies that where a locally negotiated evaluation system is in effect, the evaluation system remains in effect until the parties to the contract negotiate a successor agreement. Provides that a memorandum of understanding will not extend the adoption of a locally negotiated teacher evaluation system that is in effect at the time this requirement becomes operative.
Recasts requirements governing evaluation cycles for certificated employees and unsatisfactory performance:
Maintains existing requirement that probationary personnel be evaluated at least once each school year and that personnel with permanent status be evaluated at least every other year.
Changes the frequency of evaluations for personnel with permanent status who have been employed at least 10 years with a school district who are highly qualified and who were rated as meeting or exceeding standards in the previous evaluation. Specifically, this bill changes the frequency from at least every five years to at least every three years. Also, requires the evaluator to conduct at least one unscheduled observation per year during a year when the employee does not receive a formal performance evaluation and assessment.
Maintains existing requirements for evaluations:
Requires the evaluation to include recommendations, if necessary, as to areas of improvement.
Requires the employing authority to notify an employee in writing if the employee is not performing his or her duties in a satisfactory manner and to describe the unsatisfactory performance. Requires the employing authority to confer with the employee making specific recommendations as to areas of improvement.
Requires that if a permanent certificated employee has received an unsatisfactory evaluation, that the employing authority provide professional development based on the specific recommendations as to areas of improvement and to annually evaluate the employee until the employee achieves a positive evaluation or is separated from the school district or county office of education.
Specifies an evaluation that contains an unsatisfactory rating of a permanent certificated employee’s performance in the area of teaching methods or instruction may include a requirement that the certificated employee participate in a program designed to improve appropriate areas of the employee’s performance, as specified. For probationary certificated employee’s, the employing authority may elect to offer such program. Requires any certificated employee who receives an unsatisfactory rating on an evaluation to participate in the California Peer Assistance and Review Program for Teachers if the district has such a program.
Maintains the existing requirement that hourly and temporary hourly employees are excluded by the provisions governing the teacher evaluation system, and provides that substitute teachers may be excluded at the discretion of the governing board.
Repeals the existing provisions of law governing administrator evaluations and requires the governing board of each school district and county board of education to establish a system of evaluation for school administrators to guide their growth and performance. The system is required to include the following attributes:
Promoting the success of all pupils by facilitating the development and implementation of a vision of student learning, as specified;
Advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to student learning and staff professional growth, as specified.
Ensuring the management, organization, and operation of a safe and successful learning environment, as specified.
Collaborating with parents and the community to establish an inclusive school environment, as specified.
Providing ethical and professional leadership that fosters effective instructional practice. Specifies that school administrators are required to be held accountable for the academic growth of students over time and academic growth must be based on multiple measures, including statewide student assessments, which may include, among other things, student work as well as school longitudinal data.
Providing professional leadership by understanding, responding, and influencing the larger social, political, cultural and legal context with the goal of ensuring student success.
Requires the governing board of the school district and the county board of education to identify who will conduct the evaluation of each school administrator. Requires a school administrator to be evaluated annually for the first and second year of employment as a new administrator and the school district or county board of education may determine the frequency at regular intervals of evaluation after this period.
Requires evaluators and administrators to review school success and progress throughout the year, which includes goals that are defined by the school district or the county offices of education, including those approved in the school district and the county board of education local control and accountability plan.
Includes both the best practices teacher evaluation system and the school administrator evaluation in the mandate block grant in the event that the Commission on State Mandates determines them to contain costs mandated by the state.
This
bill requires, by May 1, 2016, or May 1 of the year that precedes the
year in which an existing collective bargaining contract will expire,
whichever is later, the governing board of each school district and
each county office of education to disclose the provisions of the
evaluation system seek comment on the development and implementation
of best practices teacher evaluation system. It requires the
governing board of each school district and county board of education
to seek public comment both during local negotiations and before the
final agreement of local negotiations. It also requires that these
requirements apply to the school administrator evaluation
program.
This bill authorizes the SBE, in consultation
with the Superintendent and stakeholders, to adopt non-regulatory
guidance to support the implementation of the best practices teacher
evaluation system by school districts and county offices of education
that may include various model evaluation systems and
processes.
Finally, this bill includes legislative intent
to provide adequate resources to train evaluators, continue robust
beginning teacher induction programs, and support struggling
educators.
Prior Legislation: AB 575 (O’Donnell & Atkins), AB 1495 (Weber), and AB 1078 (Olsen) would all make changes to the certificated employee evaluation system. AB 575 is pending in the Assembly Appropriations Committee and AB 1495 and AB 1078 are pending before the Assembly Education Committee.
AB
5 (Fuentes, 2012), similar to this bill, would have repealed and
replaced various provisions of existing law governing the evaluation
of certificated employees and required school districts to implement
a best practices teacher evaluation system.
Staff Comments: The Stull Act, in existing law, expresses legislative intent that governing boards establish a uniform system of evaluation and assessment of certificated personnel within each school district, and requires school districts to evaluate and assess teacher performance, as specified. The state has reimbursed school districts approximately $18 million in annual mandate costs related to implementing the requirements. The Stull Act was included in the K-12 mandates block grant created in the 2012-13 Budget Act. Instead of submitting detailed claims on an ongoing basis, listing how much time and money was spent on each mandated activity, local educational agencies can choose to receive funding for all mandated activities included in the block grants. For those that participate, local educational agencies receive block grant funding on a per-student basis based on average daily attendance in which rates vary depending on grade span and type of local educational agency. This bill will create pressure to increase the mandate block grant to reflect this new mandate.
This bill repeals and replaces various provisions of existing law governing the evaluation of certificated employees and school administrators and beginning July 1, 2018. Therefore payments for the current Stull Act would likely be replaced for, and would partially offset, payments towards the new, more expansive, mandate required in this bill. The Commission on State Mandates will ultimately determine which implementation activities and expenses will be reimbursable. That determination will likely include:
Evaluations: The development and implementation of a best practices teacher evaluation and school administrator system for school districts and county offices of education, including seeking public comment at a regularly scheduled public hearing would likely be reimbursable as well as the evaluation of each teacher based on the degree to which the teacher accomplishes enumerated objectives.
This bill specifies the frequency of evaluations requires them to be conducted on a continuing basis. More specifically, this bill: (1) increases rate at which permanent employees with 10 years of employment, as specified, will be evaluated (instead of once every 5 years, this bill requires once every 3 years); (2) requires additional evaluations until the permanent employee achieves a positive evaluation; and (3) the additional unscheduled observation per year during a year when the certificated employee does not receive a formal performance evaluation and assessment. Staff time for multiple classroom observations, written evaluations, evaluation reviews, and meetings with the teacher will all likely be reimbursable.
Collective bargaining: This bill specifies necessary components of a teacher evaluation system, and mandates that the details of those components be collectively bargained at the local level. Under this bill, approximately 1,000 school districts and 58 county offices of education are required to develop and collectively bargain their teacher evaluation procedures.
Training: This bill requires classroom observations be conducted by evaluators who have been “appropriately trained and calibrated to ensure consistency and who have demonstrated competence in teacher evaluation, as determined by the school district.” Training associated with this requirement would likely be reimbursable and could be in the low tens of millions of dollars.
Committee amendments (as adopted on May 28, 2015): Amendments clarify multiple measures and provide other technical changes.
-- END --
SB 499 (Liu) Page 8 of 8
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 499 (Liu) - Teachers: best practices teacher evaluation system: school administrator evaluation.
|
|
Version: April 30, 2015 |
Policy Vote: ED. 7 - 2 |
Urgency: No |
Mandate: Yes |
Hearing Date: May 18, 2015 |
Consultant: Jillian Kissee |
This bill meets the criteria for referral to the
Suspense File.
Bill
Summary:
This bill repeals and replaces various provisions of
existing law governing the evaluation of certificated employees and
beginning July 1, 2018, requires school districts to implement a best
practices teacher evaluation system, as specified. This bill also
repeals and replaces provisions of existing law regarding school
administrator evaluations.
Fiscal Summary:
This bill creates unknown, but significant, costs for a new reimbursable state mandate likely to be in the tens of millions annually. Those costs will be partially offset by repealing law related to an existing mandate.
Cost pressure: Non-regulatory guidance – CDE estimates to be $538,000 General Fund over a 2 year period.
Background:
Stull Act
Under existing law, the Stull Act expresses legislative intent that school districts and county governing boards establish a uniform system of evaluation and assessment of certificated personnel. With the exception of certificated personnel who are employed on an hourly basis to teach adult education classes, the Stull Act requires school districts to evaluate and assess teacher performance as it reasonably relates to: the progress of pupils toward district-adopted and, if applicable, state-adopted academic content standards as measured by state-adopted criterion referenced tests; 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. (Education Code § 44660, et. seq.)
Existing law requires an evaluation and assessment of the performance of each certificated employee to be made at least once each school year for probationary personnel, at least every other year for personnel with permanent status, and at least every five years for permanent employees who have been employed with the district at least 10 years and were rated as meeting or exceeding standards in their previous evaluation. Teachers who receive an unsatisfactory rating may be required to participate in a program designed to improve the employee’s performance and to further pupil achievement and the instructional objectives of the district. However, if the district participates in the California Peer Assistance and Review program, then the teachers who receive an unsatisfactory rating are required to participate in that program. (Education Code § 44664)
Existing
law establishes the PAR program for teachers by authorizing school
districts and the exclusive representative of the certificated
employees to develop and implement the program locally. The PAR
programs are to include multiple observations of a teacher during
periods of classroom instruction and sufficient staff development
activities to assist a teacher in improving his or her skills and
knowledge. The final evaluation of a teacher’s participation in
the program is made available for placement in his or her personnel
file. (Education Code § 44505)
Proposed Law: This bill recasts various provisions of the law governing the evaluation of certificated employees. Specifically this bill:
Makes inoperative as of July 1, 2018, and repeals as of January 1, 2019, the following Stull Act requirements:
Legislative intent that governing boards establish a uniform system for evaluation and assessment.
That a governing board, in developing and adopting guidelines, avail itself of the advice of the certificated instructional personnel in the district as part of a locally negotiated collective bargaining agreement.
The authorization that a school district may include objective standards from the National Board of Professional Teaching Standards or the California Standards for the Teaching Profession in its evaluation and assessment guidelines.
That each school district evaluate and assess certificated employee performance as it reasonably relates to the progress of students on the standards they are required to establish on student achievement at each grade level and subject area.
Adds the Evaluation and Assessment of Performance of Certificated Employees and the Principal Evaluation System as established in this bill to the existing list of requirements that a governing board of a school district or a county board of education may not request the State Board of Education (SBE) to waive.
Operative July 1, 2018, this bill:
Provides legislative intent 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 student learning. It also declares that the attributes of the best practices teacher evaluation system established in this bill are based on the California Standards for the Teaching Profession adopted by the Commission on Teacher Credentialing (CTC) in October 2009, and the system of evaluation for school administrators is based on the California Professional Standards for Educational Leaders adopted by the CTC in February 2014.
Expands the requirement to establish standards of expected student achievement at each grade level that it serves in each area of study to each county board of education, in addition to each school district.
Requires the governing board of each school district and each county office of education to adopt and implement a best practices teacher evaluation as set forth in this bill. Requires this evaluation system to be locally negotiated pursuant to the Educational Employment Relations Act; and specifies that if the certificated employees do not have an exclusive bargaining representative, the governing board of the school district or the county board of education must adopt objective evaluation and support components, as applicable, that are consistent with provisions in this bill.
Requires a best practices teacher evaluation system to include the following attributes:
An evaluation of each teacher based on the degree to which he or she accomplishes the following objectives:
Engages and supports students in learning;
Creates and maintains an effective environment for student learning to the extent it is within the teacher’s control;
Understands and organizes subject matter for student learning;
Plans instruction and designs learning experiences for all students;
Uses student assessment information to inform instruction and improve learning, evidence of which must include, the use of formative and summative assessments, and for those who instruct English learner students, the English language development test;
Develops as a professional educator; and
Contributes to student academic growth based on multiple measures including state and local formative and summative assessments and the degree to which students acquire the English Language Development standards, as applicable.
Multiple observations of instructional and other professional practices that are conducted by evaluators who have been appropriately trained and calibrated to ensure consistency and who have demonstrated competence in teacher evaluation, as determined by the school district. Observations must be conducted using a uniform evaluation tool that is appropriate to the teacher’s assignment.
Specifies that before each formal observation, the observer must meet with the teacher to discuss the purpose of the observation and meet again after the observation to discuss recommendations, as necessary.
A minimum of three performance levels.
Repeals and replaces the requirement that school district governing boards, and adds county boards of education, establish and define job responsibilities for certificated non-instructional personnel, including but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system; maintains the current requirement that school districts, and adds county board of education, evaluate and assess the performance of non-instructional certificated employees as it reasonably relates to the fulfillment of those responsibilities.
Specifies that where a locally negotiated evaluation system is in effect, the evaluation system remains in effect until the parties to the contract negotiate a successor agreement. Provides that a memorandum of understanding will not extend the adoption of a locally negotiated teacher evaluation system that is in effect at the time this requirement becomes operative.
Recasts requirements governing evaluation cycles for certificated employees and unsatisfactory performance:
Maintains existing requirement that probationary personnel be evaluated at least once each school year and that personnel with permanent status be evaluated at least every other year.
Changes the frequency of evaluations for personnel with permanent status who have been employed at least 10 years with a school district who are highly qualified and who were rated as meeting or exceeding standards in the previous evaluation. Specifically, this bill changes the frequency from at least every five years to at least every three years. Also, requires the evaluator to conduct at least one unscheduled observation per year during a year when the employee does not receive a formal performance evaluation and assessment.
Maintains existing requirements for evaluations:
Requires the evaluation to include recommendations, if necessary, as to areas of improvement.
Requires the employing authority to notify an employee in writing if the employee is not performing his or her duties in a satisfactory manner and to describe the unsatisfactory performance. Requires the employing authority to confer with the employee making specific recommendations as to areas of improvement.
Requires that if a permanent certificated employee has received an unsatisfactory evaluation, that the employing authority provide professional development based on the specific recommendations as to areas of improvement and to annually evaluate the employee until the employee achieves a positive evaluation or is separated from the school district or county office of education.
Specifies an evaluation that contains an unsatisfactory rating of a permanent certificated employee’s performance in the area of teaching methods or instruction may include a requirement that the certificated employee participate in a program designed to improve appropriate areas of the employee’s performance, as specified. For probationary certificated employee’s, the employing authority may elect to offer such program. Requires any certificated employee who receives an unsatisfactory rating on an evaluation to participate in the California Peer Assistance and Review Program for Teachers if the district has such a program.
Maintains the existing requirement that hourly and temporary hourly employees are excluded by the provisions governing the teacher evaluation system, and provides that substitute teachers may be excluded at the discretion of the governing board.
Repeals the existing provisions of law governing administrator evaluations and requires the governing board of each school district and county board of education to establish a system of evaluation for school administrators to guide their growth and performance. The system is required to include the following attributes:
Promoting the success of all pupils by facilitating the development and implementation of a vision of student learning, as specified;
Advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to student learning and staff professional growth, as specified.
Ensuring the management, organization, and operation of a safe and successful learning environment, as specified.
Collaborating with parents and the community to establish an inclusive school environment, as specified.
Providing ethical and professional leadership that fosters effective instructional practice. Specifies that school administrators are required to be held accountable for the academic growth of students over time and academic growth must be based on multiple measures, including statewide student assessments, which may include, among other things, student work as well as school longitudinal data.
Providing professional leadership by understanding, responding, and influencing the larger social, political, cultural and legal context with the goal of ensuring student success.
Requires the governing board of the school district and the county board of education to identify who will conduct the evaluation of each school administrator. Requires a school administrator to be evaluated annually for the first and second year of employment as a new administrator and the school district or county board of education may determine the frequency at regular intervals of evaluation after this period.
Requires evaluators and administrators to review school success and progress throughout the year, which includes goals that are defined by the school district or the county offices of education, including those approved in the school district and the county board of education local control and accountability plan.
Includes both the best practices teacher evaluation system and the school administrator evaluation in the mandate block grant in the event that the Commission on State Mandates determines them to contain costs mandated by the state.
This
bill requires, by May 1, 2016, or May 1 of the year that precedes the
year in which an existing collective bargaining contract will expire,
whichever is later, the governing board of each school district and
each county office of education to disclose the provisions of the
evaluation system seek comment on the development and implementation
of best practices teacher evaluation system. It requires the
governing board of each school district and county board of education
to seek public comment both during local negotiations and before the
final agreement of local negotiations. It also requires that these
requirements apply to the school administrator evaluation
program.
This bill authorizes the SBE, in consultation
with the Superintendent and stakeholders, to adopt non-regulatory
guidance to support the implementation of the best practices teacher
evaluation system by school districts and county offices of education
that may include various model evaluation systems and
processes.
Finally, this bill includes legislative intent
to provide adequate resources to train evaluators, continue robust
beginning teacher induction programs, and support struggling
educators.
Prior Legislation: AB 575 (O’Donnell & Atkins), AB 1495 (Weber), and AB 1078 (Olsen) would all make changes to the certificated employee evaluation system. AB 575 is pending in the Assembly Appropriations Committee and AB 1495 and AB 1078 are pending before the Assembly Education Committee.
AB
5 (Fuentes, 2012), similar to this bill, would have repealed and
replaced various provisions of existing law governing the evaluation
of certificated employees and required school districts to implement
a best practices teacher evaluation system.
Staff Comments: The Stull Act, in existing law, expresses legislative intent that governing boards establish a uniform system of evaluation and assessment of certificated personnel within each school district, and requires school districts to evaluate and assess teacher performance, as specified. The state has reimbursed school districts approximately $18 million in annual mandate costs related to implementing the requirements. The Stull Act was included in the K-12 mandates block grant created in the 2012-13 Budget Act. Instead of submitting detailed claims on an ongoing basis, listing how much time and money was spent on each mandated activity, local educational agencies can choose to receive funding for all mandated activities included in the block grants. For those that participate, local educational agencies receive block grant funding on a per-student basis based on average daily attendance in which rates vary depending on grade span and type of local educational agency. This bill will create pressure to increase the mandate block grant to reflect this new mandate.
This bill repeals and replaces various provisions of existing law governing the evaluation of certificated employees and school administrators and beginning July 1, 2018. Therefore payments for the current Stull Act would likely be replaced for, and would partially offset, payments towards the new, more expansive, mandate required in this bill. The Commission on State Mandates will ultimately determine which implementation activities and expenses will be reimbursable. That determination will likely include:
Evaluations: The development and implementation of a best practices teacher evaluation and school administrator system for school districts and county offices of education, including seeking public comment at a regularly scheduled public hearing would likely be reimbursable as well as the evaluation of each teacher based on the degree to which the teacher accomplishes enumerated objectives.
This bill specifies the frequency of evaluations requires them to be conducted on a continuing basis. More specifically, this bill: (1) increases rate at which permanent employees with 10 years of employment, as specified, will be evaluated (instead of once every 5 years, this bill requires once every 3 years); (2) requires additional evaluations until the permanent employee achieves a positive evaluation; and (3) the additional unscheduled observation per year during a year when the certificated employee does not receive a formal performance evaluation and assessment. Staff time for multiple classroom observations, written evaluations, evaluation reviews, and meetings with the teacher will all likely be reimbursable.
Collective bargaining: This bill specifies necessary components of a teacher evaluation system, and mandates that the details of those components be collectively bargained at the local level. Under this bill, approximately 1,000 school districts and 58 county offices of education are required to develop and collectively bargain their teacher evaluation procedures.
Training: This bill requires classroom observations be conducted by evaluators who have been “appropriately trained and calibrated to ensure consistency and who have demonstrated competence in teacher evaluation, as determined by the school district.” Training associated with this requirement would likely be reimbursable and could be in the low tens of millions of dollars.
-- END --
SB 499 (Liu) Page 15 of 15
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 499
Author: |
Liu and De León |
||
Version: |
April 9, 2015 Hearing Date: April 22, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Lenin Del Castillo |
||
Subject: Teachers: best practices teacher evaluation system: school administrator …………..evaluation
SUMMARY
This bill repeals and replaces various provisions of existing law governing the evaluation of certificated employees and beginning July 1, 2016, requires school districts to implement a best practices teacher evaluation system, as specified. This bill also repeals and replaces provisions of existing law regarding school administrator evaluations.
BACKGROUND
Stull Act
Under existing law, the Stull Act expresses legislative intent that school districts and county governing boards establish a uniform system of evaluation and assessment of certificated personnel. With the exception of certificated personnel who are employed on an hourly basis to teach adult education classes, the Stull Act requires school districts to evaluate and assess teacher performance as it reasonably relates to:
Progress of pupils toward district-adopted and, if applicable, state-adopted academic content standards as measured by state-adopted criterion referenced tests;
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. (Education Code § 44660, et. seq.)
Existing law requires an evaluation and assessment of the performance of each certificated employee to be made at least once each school year for probationary personnel, at least every other year for personnel with permanent status, and at least every five years for permanent employees who have been employed with the district at least 10 years and were rated as meeting or exceeding standards in their previous evaluation. Teachers who receive an unsatisfactory rating may be required to participate in a program designed to improve the employee’s performance and to further pupil achievement and the instructional objectives of the district. However, if the district
participates in the Peer Assistance and Review (PAR) program, then the teachers who receive an unsatisfactory rating are required to participate in that program.
(Education Code § 44664)
Existing
law establishes the PAR program for teachers by authorizing school
districts and the exclusive representative of the certificated
employees to develop and implement the program locally. The PAR
programs are to include multiple observations of a teacher during
periods of classroom instruction and sufficient staff development
activities to assist a teacher in improving his or her skills and
knowledge. The final evaluation of a teacher’s participation in
the program is made available for placement in his or her personnel
file. (Education Code § 44505)
Federal requirements
The
U.S. Department of Education (DOE) has established a process by which
states may request flexibility on behalf of themselves, local
educational agencies, and schools, by applying for a waiver from
certain requirements of the No Child Left Behind Act of 2001 (NCLB).
The waiver is intended to provide educators and state and local
leaders with flexibility regarding specific requirements of NCLB
(principally, the requirement that all students be proficient in math
and reading by 2014 and won’t have to identify additional schools
failing to meet targets) in exchange for rigorous and comprehensive
state-developed plans designed to improve educational outcomes for
all students, close achievement gaps, increase equity, and improve
the quality of instruction.
Instructions provided by the
DOE indicate that to receive the flexibility, a state’s educational
agency and each local educational agency must commit to develop,
adopt, pilot and implement, with the involvement of teachers and
principals, teacher and principal evaluation and support systems
that: (1) will be used for continual improvement of instruction; (2)
meaningfully differentiate performance using at least three
performance levels; (3) 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 (which may be gathered through multiple formats and sources,
such as observations based on rigorous teacher performance standards,
teacher portfolios, and student and parent surveys); (4) evaluate
teachers and principals on a regular basis; (5) provide clear,
timely, and useful feedback, including feedback that identifies needs
and guides professional development; and (6) will be used to inform
personnel decisions.
The DOE has granted waivers to over
30 states. In June 2012, California submitted a request to set aside
specific requirements of the NCLB and requested that the DOE allow
the state to use its own accountability system to ensure that all
schools improve. California’s request differs from those filed by
other states that agreed to several additional federally required
policies in exchange for the NCLB waiver. The request was denied in
December 2012.
ANALYSIS
This bill recasts various provisions of the law governing the evaluation of certificated employees. Specifically, this bill:
Makes inoperative as of July 1, 2016, and repeals as of January 1, 2017, the following Stull Act requirements:
Legislative intent that governing boards establish a uniform system for evaluation and assessment. (EC § 44660)
The requirement that a governing board, in the development and adoption of evaluation guidelines and procedures avail itself of the advice of the certificated instructional personnel in the district as part of a locally negotiated collective bargaining agreement. (EC § 44661)
The authorization that a school district may include standards from the National Board of Professional Teaching Standards (NBPTS) or the California Standards for the Teaching Profession (CSTP) in its evaluation and assessment guidelines. (EC § 44661.5)
The requirement that the governing board of each school district:
Establish standards of expected pupil achievement at each grade level in each area of study, and
Evaluate and assess certificated employee performance as it reasonably relates to the progress of pupils on those standards and applicable state adopted content standards as measured by state adopted criterion referenced assessments and other specified criteria. (EC § 44662)
Makes findings and declarations regarding teaching, the characteristics of effective teaching, and the importance of teachers in influencing student academic success. 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 higher levels of pupil learning. Declares that the attributes of the best practices teacher evaluation system (BPTES) established pursuant to this bill are based on the CSTP and that the system of evaluation for school administrators is based on the California Professional Standards for Educational Leaders, as specified.
Requires, beginning July 1, 2016, the governing board of each school district to adopt and implement a BPTES. Requires the BPTES to be locally negotiated pursuant to the Educational Employment Relations Act; specifies that if the certificated employees of the school district do not have an exclusive bargaining representative, the governing board must adopt objective evaluation and support components, as applicable.
Requires a BPTES to include but not be limited to the following attributes:
Each teacher is evaluated on the degree to which he or she accomplishes the following objectives:
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.
Creates and maintains effective environments for pupil learning, to the extent that those environments are within the teacher’s control.
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.
Plans instruction and designs learning experiences for pupils, evidence of which may include use of differential instruction and practices and use of culturally responsive instruction, such as incorporation of multicultural information and content into the delivery of curriculum, to eliminate the achievement gap.
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 certificated employees who directly instruct English learner pupils in acquiring English language fluency, the assessment information shall include the results of the English language development test.
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.
Contributes to pupil academic growth based on multiple measures. Requires multiple measures to include state and local formative and summative assessments in the grade levels and subjects that these assessments are administered and authorizes the inclusion of other evidence such as classroom work, pupil grades, classroom participation, presentations and performances, and projects and portfolios. States the intent of the Legislature that assessments developed by a national consortium and adopted by the State Board of Education (SBE) and used for best practices teacher evaluation system (BPTES), meet statistical and psychometric standards. Also requires:
Measures used for assessing certificated employees who directly instruct English learner pupils in acquiring English to
include the degree to which pupils acquire the English language
development standards adopted by the State Board of Education as
specified.
Pupil data used for purposes of teacher evaluation to be confidential in the same manner as all other elements of a teacher’s personnel file.
Multiple observations of instructional and other professional practices conducted by evaluators who have been appropriately trained and calibrated to ensure consistency and who have demonstrated competence in teaching evaluation, as determined by the school district.
Specifies that the multiple observations may include but are not limited to classroom observations, one-on-one discussions, and review of classroom materials and course of study, and requires observations to be conducted using a uniform observational tool that is appropriate to the teacher’s assignment.
Requires observers to meet with the teacher to discuss the purpose of the observation prior to each formal observation and meet with the teacher after each formal observation to discuss recommendations as necessary, with regard to areas of improvement in the performance of the teacher.
Provides that evaluators are not prohibited from conducting unscheduled classroom visits.
Has at least three performance levels.
Permits a locally negotiated evaluation process to designate 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; specifies that non-supervisory certificated employees who conduct or participate in an evaluation are not deemed to be exercising a management or supervisory function, as specified.
Provides that the best practices teacher evaluation system (BPTES) shall not apply to certificated employees who hold an administrative services credential.
Authorizes the State Board of Education, in consultation with the Superintendent of Public Instruction and appropriate education stakeholder groups, to adopt non-regulatory guidance to support the implementation of the BPTES for:
Model evaluation systems that may be used to inform school districts’ implementation of the evaluation system.
Model processes for implementing observations.
Model processes for defining calibration for the purposes of training evaluators.
Model processes for developing the observation tool.
Model processes for determining and defining the performance levels for the evaluation of teacher performance.
Repeals and replaces, beginning July 1, 2016, the requirement that school district governing boards establish and define job responsibilities for certificated non-instructional personnel, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the best practices teacher evaluation system; maintains the current requirement that school districts evaluate and assess the performance of non-instructional certificated employees as it reasonably relates to the fulfillment of those responsibilities.
Requires, on or before May 1, 2016, or May 1 of the year that precedes the year in which an existing collective bargaining contract will expire, whichever is later, governing boards to seek comment on the development and implementation of a best practices teacher evaluation system (BPTES) and use the comments received to guide the development and implementation of the BPTES. Requires governing boards to disclose the provisions of the evaluation system at a regularly scheduled public hearing. Requires governing boards to seek public comment by May 1 of each year prior to negotiations on the BPTES. Also requires governing boards to seek public comment on the BPTES both during local negotiations and before the final agreement of local negotiations.
Provides that if, by mutual agreement between a school district and the collective bargaining unit, an intermediate mid-year agreement is reached regarding a BPTES, the negotiation timeline shall allow time for the governing board to hold a public hearing to seek comment.
Requires governing boards to disclose the provisions of the BPTES at a regularly scheduled public hearing, as specified.
Commencing July 1, 2016, provides an unspecified amount to school districts for the purpose of implementing a BPTES, as specified. Requires school districts to use the funds for planning and implementation efforts at the eligible school sites, including training evaluators to ensure calibration and consistency and to development of the uniform observation tool.
Specifies that where a locally negotiated evaluation system is in effect, the evaluation system remains in effect until the parties to the contract negotiate a successor agreement. Provides that memorandum of understanding shall not extend the adoption of a locally negotiated teacher evaluation system that is in effect at the time this requirement becomes operative.
Recasts requirements governing evaluation cycles for certificated employees and unsatisfactory performance:
Maintains existing requirement that probationary personnel be evaluated at least once each school year and that personnel with permanent status be evaluated at least every other year.
Beginning July 1, 2016, changes the frequency of evaluations for personnel with permanent status who have been employed at least 10 years with a school district who are highly qualified and who were rated as meeting or exceeding standards at the previous evaluation. Specifically, this bill changes the frequency from at least every five years to at least every three years.
Maintains existing requirements for evaluations:
Requires the evaluation to include recommendations, if necessary, as to areas of improvement.
Requires the employing authority to notify an employee in writing if the employee is not performing his or her duties in a satisfactory manner and to describe the unsatisfactory performance. Requires the employing authority to confer with the employee and make specific recommendations as to areas of improvement, and requires an annual evaluation until the employee achieves a positive evaluation or is separated from the district.
Specifies an employee evaluation that contains an unsatisfactory rating of an employee’s performance may include a requirement that the certificated employee participate in a program designed to improve appropriate areas of the employee’s performance, as specified, and requires any certificated employee who receives an unsatisfactory rating on an evaluation to participate in a Peer Assistance and Review Program for Teachers if the district has such a program.
Requires the employing authority, if an employee has received an unsatisfactory evaluation, to provide professional development based on the specific recommendations as to areas of improvement in the employee’s performance.
Maintains the existing requirement that hourly and temporary hourly employees are excluded by the provisions governing the teacher evaluation system, and provides that substitute teachers may be excluded at the discretion of the governing board.
Repeals the existing provisions of law governing administrator evaluations effective January 1, 2016, and requires governing boards to establish a new system of evaluation for school administrators to guide their growth and performance with the purpose of supporting them as instructional leaders in order to raise pupil achievement. Requires the evaluation system to include, but not be limited to, all of the following attributes:
Promoting the success of all pupils by facilitating the development and implementation of a vision of pupil learning, as specified.
Advocating and supporting a safe, nurturing school culture that sustains a quality instructional program conducive to pupil learning and staff professional growth, including, but not limited to:
Promoting equity, fairness, and respect among staff, pupils, and members of the school community with acknowledgment of the role cultural attributes have in pupil learning.
Supporting professional development opportunities for staff that encourage collaboration and effective instructional practice with the goal of improving outcomes for all pupils.
Ensuring the management, organization, and operation of a safe and successful learning environment as evidenced by the establishment of effective practices for personnel and resource management, campus safety, and school climate, including, but not limited to, supporting curricular and management leadership in all of these areas and successfully implementing the best practice teacher evaluation system proposed by this bill.
Collaborating with parents and the community to establish an inclusive school environment, including, but not limited to, embracing and recognizing that diversity strengthens a learning environment and promoting meaningful parent and community engagement required for the development of the local control and accountability plan, as specified.
Providing ethical and professional leadership that fosters effective instructional practice as evidenced by promoting quality teaching and instructional strategies and providing relevant, effective feedback that leads to student learning. School administrators shall be held accountable for the academic growth of students over time and academic growth shall be based on multiple measures that may include pupil work as well as pupil and school longitudinal data.
Multiple measures that include state and local formative and summative assessments. For school administrators who supervise certificated staff that directly instruct English learner pupils acquiring English, assessment information shall include the results of assessments adopted pursuant to Chapter 7 (commencing with Section 60810) of Part 33 of Division 4.
Multiple measures may also include, but not be limited to, benchmark, end of chapter, end of course, advanced placement, international baccalaureate, and college entrance, and performance assessments.
Pupil data used for purposes of an administrator evaluation shall be confidential in the same manner as all other elements of an administrator’s personnel file.
Providing professional leadership by understanding, responding and influencing the larger social, political, cultural and legal context with the goal of ensuring student success as evidenced by working in collaboration with the governing board, bargaining units, and local school, district and community leaders.
Requires governing boards to identify who will conduct the evaluation of each school administrator.
Requires a school administrator to be evaluated annually for the first and second year of employment as a new administrator in a school district and allows the governing board to determine the frequency at regular intervals of evaluations after this period.
Provides that additional evaluations that occur outside of the regular intervals determined by the governing board shall be agreed upon between the evaluator and the administrator.
Requires evaluators and administrators to review school success and progress throughout the year. This review should include goals that are defined by the school district, including, but not limited, to the goals specified in the local control and accountability plan approved by the school district pursuant to Education Code § 52060.
Prohibits the State Board of Education (SBE) from waiving the best practices teacher evaluation system requirements.
STAFF
COMMENTS
Need for the bill. According to the author’s office, teacher evaluation under the Stull Act is too often inconsistent, unclear, and does little to foster a culture of continuous improvement for teachers. While some districts do incorporate student performance in their evaluation systems, others do not, and in districts that simply rate their employees as “meeting” or “not meeting” expectations, teachers may not receive sufficient feedback during the evaluation process to understand how to improve their practice. According to a 2010 report released by the National Board Resource Center at Stanford University, “While evaluation processes across the state vary widely, many of them look very much the same as they did in 1971…” Comments from Accomplished California Teachers indicate that current approaches to teacher evaluation results in a system that teachers do not trust, that rarely offers clear direction for improving practice, and often charges school leaders to implement without preparation or resources. A January 2011 report by the Center for the Future of Teaching and Learning notes that evaluations pay “scarce attention to student learning or do not connect that learning to elements of teacher content knowledge or instructional skills that could be improved.”
This bill requires school districts, beginning July 2016, to establish teacher evaluation systems that evaluate teachers on the degree to which they follow specified objectives (the California Standards for the Teaching Profession), including how they contribute to pupil academic growth. Under the provisions of the bill, school districts would be required to assess a teacher’s contribution to pupil academic growth based on multiple measures, including state and local formative and summative assessment data.
Current research. Several studies document the correlation between teacher quality and student achievement. According to information provided by the author, research indicates differential teacher effectiveness is a strong determinant of differences in student learning, far outweighing the effects of differences in class size and heterogeneity. Studies have shown that students who are assigned to several ineffective teachers in a row have significantly lower achievement and gains in achievement than those who are assigned to several highly effective teachers.
The Center for the Future of Teaching and Learning has recommended making teacher evaluation multi-dimensional, strengthening the training of those who conduct evaluations, and tying evaluation results directly to substantive feedback to teachers. The National Comprehensive Center for Teacher Quality suggests a strong evaluation system must “involve teachers and stakeholders in developing the system; use multiple indicators; and give teachers opportunities to improve in the areas in which they score poorly.” Likewise, the New Teacher Project states “evaluations should provide all teachers with regular feedback that helps them grow as professionals, no matter how long they have been in the classroom. The primary purpose of evaluations should not be punitive. Good evaluations identify excellent teachers and help teachers of all skill levels understand how they can improve.”
Tools to evaluate teacher effectiveness. The stated purpose of this bill is to strengthen teacher quality and improve student outcomes by improving the state’s teacher evaluation requirements. Specifically, the bill contains the following provisions:
Use of assessments: Requires both state and local formative and summative assessments to be included in teacher evaluations. Formative assessments are developed locally and are used by teachers to continually inform instruction in the classroom throughout the school year. Summative assessments can be developed locally or statewide, including end of course tests or standardized tests, and assess a student's performance at a point in time.
Evaluation frequency: Requires probationary teachers to be evaluated at least every year and permanent teachers to be evaluated at least every other year, and also reduces the authorization for teachers with more than 10 years of experience to be evaluated from every five years, to every three years. This will result in experienced teachers being evaluated more frequently.
Categories for rating teachers. Increases the categories for rating teachers from two to three.
Multiple measures. Requires pupil academic growth based on multiple measures to be part of a teacher evaluation.
Professional Development: Requires an employing authority to provide professional development based on the specific recommendations as to areas of improvement in a permanent teacher’s performance, if he or she has received an unsatisfactory evaluation. This bill also specifies that teachers who receive an unsatisfactory rating on their evaluation, if a school district has a Peer Assistance and Review (PAR) program in place, they must refer teachers who receive an unsatisfactory review to the PAR program for improvement.
Local bargaining. Existing law enumerates evaluation procedures as a mandatory subject of collective bargaining. By requiring the best practices teaching evaluation system (BPTES) to be negotiated, some argue the bill could have the effect of requiring districts to bargain aspects of the system, such as evaluation criteria. While some districts currently bargain evaluation criteria with their local unions, it is not a mandatory subject of bargaining. While the bill specifies the attributes by which teachers must be evaluated, the criteria for determining whether those objectives are indeed met would be subject to negotiation, which could increase implementation time and costs. On the other hand, the involvement of teachers in the development of the BPTES will help ensure that the system is fair and reflective of the complexity of teaching and learning and also contribute to a more effective evaluation system.
This bill also clarifies that the BPTES does not supersede or invalidate a teacher evaluation system that is locally negotiated and that is in effect at the time this bill becomes operative. If a locally negotiated teacher evaluation system is in effect at the time this bill becomes operative, the teacher evaluation system shall remain in effect until the parties to the agreement negotiate a successor agreement. The bill further clarifies that a memorandum of understanding (MOU) shall not extend the adoption of a locally negotiated teacher evaluation system that is in effect at the time this bill becomes operative.
Parent feedback. While permissive, this bill provides the ability for school districts to consider the feedback of parents of students as part of the teacher evaluation process. Under existing law, a school district may dismiss a teacher based on performance deemed to be unsatisfactory. Some argue that the use of parent surveys could provide an additional tool in the teacher evaluation process and should be required. However, would it be appropriate for teacher evaluations to incorporate potentially subjective feedback from parents, especially when it could lead to an unsatisfactory rating and ultimately a teacher’s dismissal?
Confidentiality of negotiations. This bill requires public hearings before May 1st of the year preceding local negotiations, as well as public hearings should a mid-year agreement be reached. This process will also require a hearing before negotiations begin, during negotiations, and prior to the final vote on the evaluation system. The intent of these public hearings is to allow for parents to give input on the evaluation system each time it is negotiated. However, it is unclear how much information is legally allowed to be disclosed publicly during negotiations. The Committee may wish to consider whether this mid-negotiation hearing is appropriate.
How will the new evaluation systems be funded? According to the author, appropriate funding is a key component to achieving a high quality teacher and administrator evaluation system, as well as necessary support programs for beginning teachers and struggling teachers. The bill’s provisions would likely create a higher level of service and result in state-reimbursable mandated activities, imposing potentially significant costs on school districts. Additionally, by increasing the frequency of evaluations for teachers, this bill could affect the workload of school administrators. However, it is unclear how many teachers are currently evaluated every five years and thus it is unclear how this bill will affect the ability of administrators to complete the increased number of evaluations. To address these issues, staff recommends the following amendments:
Specify the intent of the Legislature to provide adequate resources to train evaluators, continue robust beginning teacher induction programs, and support struggling educators.
Remove SEC. 13 from the bill, which provides an unspecified appropriation for purposes of implementing the best practices teacher evaluation system (BPTES).
Add the BPTES and the system of evaluation for school administrators to the state mandates block grant pursuant to Government Code § 17581.6.
Shift the operative date of the BPTES to July 1, 2018 and make conforming date changes to the sections proposed to be repealed.
Other Committee amendments. Staff recommends the bill also be amended as follows:
Modify the administrator evaluation system to:
Apply the public hearing requirements of the BPTES to the administrator evaluations.
Clarify that the provisions of the administrator evaluation cannot be omitted.
Specify that the existing administrator evaluation system is repealed and the new administrator evaluation system is operative on July 1, 2018.
Remove the intent language included in 44662(a)(1)(G)(iii) and create a new subparagraph for the sentence beginning with, “Pupil data…”
In Section 44662 (c), change the code reference from the administrator services credential to Government Code Section 3540.1 (m) and (g).
Add a new subdivision under 44664(a)(3) providing that the evaluator shall conduct at least one unscheduled observation per year during the year when the certificated employee does not receive a formal performance evaluation and assessment.
Clarify in 44664(c)(1) regarding certificated employees that receive an unsatisfactory rating provide that this subdivision applies only to “permanent” certificated employees and provide that for probationary certificated employees, an employing authority may elect to offer 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.
Specify that county offices of education are required to implement the best practices teacher and administrator evaluation program.
Clarify that Education Code § 35161.5 also applies to county offices of education.
Staff also recommends that as the bill moves forward, the author consider the implications the bill could have on non-classroom certificated staff such as counselors, nurses, and librarians, and whether there should be specific standards or attributes that should apply to this subset of certificated staff as part of the best practices teacher evaluation system.
Related and prior legislation.
AB 575 (O’Donnell & Atkins), which is pending before the Assembly Education Committee, would require school districts to implement teacher and administrator evaluation systems.
AB 1495 (Weber) from 2015, which is also pending before the Assembly Education Committee, would make changes to the certificated employee evaluation system, known as the Stull Act.
AB 1078 (Olsen) would also make changes to the certificated employee evaluation system. This measure is pending before the Assembly Education Committee.
SB 441 (Calderon, 2013) proposed to amend various provisions of existing law governing the evaluation of certificated employees by requiring the evaluations to use multiple measures, including a minimum of four rating levels, increasing the frequency of evaluations for teachers with 10 or more years of experience in a school district from every five years to every three years, and requiring school districts to consider the findings of sessions, surveys, and specific focus groups by subject matter and grade level from parents of pupils. SB 441 failed passage in this Committee on May 1, 2013.
SB 453 (Huff) would have authorized the governing board of a school district to evaluate and assess the performance of certificated employees using a multiple-measures evaluation system, authorized school districts to make specified employment decisions based on teacher performance, and expanded the reasons districts may deviate from the order of seniority in terminating and reappointing teachers. This bill failed passage in this Committee on April 24, 2013.
Chapter 435, Statutes of 2012, (SB 1292, Liu) authorized the
evaluation of school principals based on the California Professional
Standards for Educational Leaders as well as evidence of pupil
academic growth, effective and comprehensive teacher evaluations,
culturally responsive instructional strategies, the ability to
analyze quality instructional strategies and provide effective
feedback, and effective school management.
AB 5
(Fuentes, 2012), similar to this bill, would have repealed and
replaced various provisions of existing law governing the evaluation
of certificated employees and required school districts to implement
a best practices teacher evaluation system.
SUPPORT
Public Advocates
Superintendent of Public Instruction
OPPOSITION
Association of California School Administrators
California Association of School Business Officials
California Association of Suburban Schools
California Chamber of Commerce
California County Superintendents Educational Services Association
California Democrats for Education Reform
California School Boards Association
Central Valley Education Coalition
Children Now
Education Trust—West
Educators 4 Excellence
EdVoice
Families In Schools
Future Is Now Schools
Kern County Superintendent of Schools
Los Angeles Unified School District
Orange County Department of Education
Parents Advocate League
Riverside County Superintendent of Schools
Small School Districts’ Association
Students Matter
StudentsFirst
Teach Plus
-- END --
Discussed in Hearing
Senate Floor
Senate Standing Committee on Appropriations
Senate Standing Committee on Education
Bill Author
Bill Co-Author(s):