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

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

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Bill Title: Teachers: evaluation and assessment.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

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

Download: California-2015-AB2826-Amended.html

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BILL NUMBER: AB 2826	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2016

INTRODUCED BY   Assembly Member Weber

                        FEBRUARY 19, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2826, as amended, Weber. Teachers: evaluation.
   (1) Existing law requires the State Board of Education to develop
guidelines that school districts may use in the development of
certain teacher evaluation procedures and to distribute those
guidelines to every school district.
   This bill would require the development of those guidelines to
comply with the Administrative Procedure Act.
   (2) Existing law states the intent of the Legislature that
governing boards of school districts establish a uniform system of
evaluation and assessment of the performance of all certificated
personnel within each school district of the state. Existing law
requires the governing board of each school district to establish
standards of expected pupil achievement at each grade level in each
area of study and to evaluate and assess certificated employee
performance on a continuing basis as it reasonably relates to
specified matters, including pupil progress, as provided. Existing
law authorizes the governing board of a school district to develop
and adopt additional evaluation and assessment guidelines or
criteria.
   This bill would provide, if applicable, that multiple measures of
pupil progress, pupil academic growth, pupil achievement, and pupil
outcomes as used for certain purposes of evaluating and assessing
certificated employee performance may include specified sources.
   The bill would require an employing authority to use a minimum of
3 rating levels of professional achievement for evaluation and
assessment of certificated employees, as provided.
   By imposing additional duties on school districts, this bill would
impose a state-mandated local program.
   (3) Existing law requires an evaluation to include
recommendations, if necessary, as to areas of improvement in the
performance of the employee. Existing law authorizes these
evaluations to include a requirement that the employee participate in
a specified program if a permanent certificated employee receives an
unsatisfactory evaluation.
   This bill would instead require a certificated employee, if that
employee receives  one of the   a 
specified rating  levels   level  of
professional achievement for evaluation and assessment, to
participate in the California Peer Assistance and Review Program for
Teachers if the school district participates in that program. The
bill would require, in order to endeavor to assist the employee in
areas of improvement, the school district to, at minimum, consider
the employee's eligibility for professional development identified in
the school district and the school's applicable local control and
accountability plan, and prioritize the employee's eligibility for
professional development, as provided. By expanding the duties of a
school district, the bill would impose a state-mandated local
program.
    (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 33039 of the Education Code is amended to read:

   33039.  The state board shall develop guidelines that school
districts may use in the development of teacher evaluation procedures
pursuant to Article 11 (commencing with Section 44660) of Chapter 1
of Part 25 of Division 3, and shall distribute the guidelines to
every school district. The development of these guidelines shall
comply with the Administrative Procedure Act (Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).
  SEC. 2.  Article 14 (commencing with Section 44673) is added to
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code,
to read:

      Article 14.  Common Evaluation System Provisions


   44673.  If applicable, multiple measures of pupil progress, pupil
academic growth, pupil achievement, and pupil outcomes as used in
this chapter for purposes of evaluating and assessing certificated
employee performance may include, but shall not necessarily be
limited to, any of the following sources:
   (a) State-adopted formative and summative criterion referenced
assessments.
   (b) School district, school, or department-developed assessments.
   (c) Curriculum-based and end-of-course assessments.
   (d) Pretest and posttest data.
   (e) Interim, periodic, benchmark, and formative assessments.
   (f) English language proficiency assessments.
   (g) Assessments measuring progress in an individualized education
program.
   (h) Advance placement, international baccalaureate, and college
preparedness examinations.
   (i) A-G coursework completion.
   (j) Industry-recognized career technical education assessments and
program completion.
   (k) Portfolios of pupils' work, projects, and performances
redacted of personally identifiable pupil information.
   (l) Surveys from parents, if approved in advance by the
certificated employee.
   (m) Surveys from pupils, if approved in advance by the
certificated employee.
   (n) Written reports from classroom observations.
   (o) Progress on outcomes described in the local control and
accountability plan pursuant to paragraphs (4) and (8) of subdivision
(d) of Section 52060.
   44673.5.  (a) The employing authority shall use a minimum of three
rating levels of professional achievement for evaluation and
assessment of certificated employees pursuant to this chapter.
   (b) At least two rating levels shall identify certificated
employees who meet either of the following: 
   (1) Require more development and growth to achieve a rating of
satisfactory or meeting standards, and who are required to
participate and receive appropriate additional support, training, and
assistance.  
   (2) Unsatisfactory performance.  
   (1) Meeting or exceeding standards.  
   (2) (A) Needing additional support, training, or assistance. 

   (B) This rating level shall not be used as the basis for
"unsatisfactory performance" for purposes of subdivision (b) of
Section 44664 or for purposes of Section 44932. 
   44674.  (a) If a school district participates in the California
Peer Assistance and Review Program for Teachers established pursuant
to Article 4.5 (commencing with Section 44500), a certificated
employee who receives  a   the  rating
 in either of the levels  described by 
paragraph (2) of  subdivision (b) of Section 44673.5 on an
evaluation performed pursuant to Section 44664 shall participate in
the California Peer Assistance and Review Program for Teachers.
   (b) Notwithstanding any other law, in endeavoring to assist the
employee as mandated by Article 11 (commencing with Section 44660)
and Article 13 (commencing with Section 44670), the school district
shall, at a minimum, consider the employee's eligibility for
professional development identified in the school district and the
school's applicable local control and accountability plan, and
prioritize the employee's eligibility for any professional
development supported by one-time or ongoing funds appropriated by
the Legislature in the annual Budget Act, including professional
development in the state academic content standards adopted by the
state board, and training on services to English learners to access
the common core academic content standards adopted pursuant to
Section 60605.8 and the English language development standards
adopted pursuant to former Section 60811.3, as that section read on
June 30, 2013, or Section 60811.4.
  SEC. 3.   If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.