California Assembly Bill AB1495 Amended / Bill

 BILL NUMBER: AB 1495AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Weber FEBRUARY 27, 2015 An act to amend  Section   Sections  44662  , 44663, and 44664  of the Education Code, relating to teachers. LEGISLATIVE COUNSEL'S DIGEST AB 1495, as amended, Weber. Teachers: evaluation. 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 make nonsubstantive changes to these provisions.   This bill would also require the governing board of each school district to evaluate and assess certificated employee performance as it reasonably relates to pupil achievement and pupil outcomes, if applicable, as provided. The bill would provide that evidence of actual pupil progress may include written reports from classroom observations and data from various sources, including state-adopted criterion referenced assessments.   The bill would require an employing authority to utilize 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.   Existing law requires an evaluation to include recommendations, if necessary, as to areas of improvement in the performance of the employee. Existing law requires or authorizes certain things relating to the evaluation if a permanent certificated employee receives an unsatisfactory evaluation.   This bill would instead require or authorize these things relating to the evaluation if the employee receives one of the rating levels of professional achievement for evaluation and assessment. The bill would require, in order to endeavor to assess the employee in areas of improvement, the school district to, at minimum, 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.   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:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 44662 of the Education Code is amended to read: 44662. (a) The governing board of a school district shall establish standards of expected pupil achievement at each grade level in each area of study. (b) The governing board of a 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,  pupil achievement and pupil outcomes described in the local control and accountability plan pursuant to paragraphs (4) and (8) of subdivision (d) of   Section 52060, and  the state adopted academic content standards as measured by state adopted criterion referenced assessments. (2) The instructional techniques and strategies used by the employee. (3) The employee's adherence to curricular objectives. (4) The establishment and maintenance of a suitable learning environment, within the scope of the employee's responsibilities. (c) The governing board of a school district shall establish and define job responsibilities for certificated noninstructional personnel, including, but not limited to, supervisory and administrative personnel, whose responsibilities cannot be evaluated appropriately under the provisions of subdivision (b) and shall evaluate and assess the performance of those noninstructional certificated employees as it reasonably relates to the fulfillment of those responsibilities. (d) Results of an employee's participation in the 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) For purposes of paragraph (1) of subdivision (b), evidence of actual pupil progress may include, but shall not be limited to, written reports from classroom observations and data from any or all of the following:   (1) State-adopted criterion referenced assessments.   (2) District, school, or department-developed assessments.   (3) Curriculum-based and end-of-course assessments.   (4) Pretest and posttest data.   (5) Interim, periodic, benchmark, and formative assessments.   (6) English language proficiency assessments.   (7) Assessments measuring progress in an individualized education program.   (8) Advance placement, international baccalaureate and college preparedness examinations.   (9) A-G coursework completion.   (10) Industry-recognized career technical education assessments and program completion.   (11) Portfolios of pupils' work and projects and of live and recorded pupil performances.   (12) Surveys from parents.   SEC. 2.   Section 44663 of the   Education Code   is amended to read:  44663.  (a) The employing authority shall utilize a minimum of three rating levels of professional achievement for evaluation and assessment of certificated employees pursuant to this article.   (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 to participate and receive appropriate additional support, training, and assistance pursuant to Section 44664.   (2) Demonstrate unsatisfactory performance or conduct, unsuccessfully participated in mandatory corrective action, refused to participate in required additional support and training pursuant to Section 44664, or are subject to mandatory reassignment, suspension, or adverse action resulting from charges pursuant to Article 3 (commencing with Section 44930) of Chapter 4.   (a) Evaluation   (   c)     The evaluation  and assessment made pursuant to this article shall be reduced to writing and a copy  thereof   of the evaluation and assessment  shall be transmitted to the certificated employee not later than 30 days before the last schoolday scheduled on the school calendar adopted by the governing board for the school year in which the evaluation takes place. The certificated employee shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee's personnel file. Before the last schoolday scheduled on the school calendar adopted by the governing board for the school year, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation.  (b)   (   d)  In the case of a certificated noninstructional employee, who is employed on a 12-month basis, the evaluation and assessment made pursuant to this article shall be reduced to writing and a copy  thereof   of the evaluation and assessment  shall be transmitted to the certificated employee no later than June 30 of the year in which the evaluation and assessment is made. A certificated noninstructional employee, who is employed on a 12-month basis shall have the right to initiate a written reaction or response to the evaluation. This response shall become a permanent attachment to the employee's personnel file. Before July 30 of the year in which the evaluation and assessment takes place, a meeting shall be held between the certificated employee and the evaluator to discuss the evaluation and assessment.  SEC. 3.   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 employee's performance and endeavor to assist the employee in his or her performance. If  any   a  permanent certificated employee has received  an unsatisfactory evaluation   an evaluation rating in either of the levels described in subdivision (b) of Section 44663  , the employing authority shall annually evaluate the employee until the employee achieves a positive evaluation or is separated from the district. (c)  Any   An  evaluation performed pursuant to this article  which   that  contains  an unsatisfactory   a  rating of an employee's performance  described in subdivision (b) of Section 44663  in the area of teaching  methods or   methods,  instruction  , or progress of pupils towards standards of expected pupil achievement,  may include the requirement that the certificated employee shall, as determined necessary by the employing authority, participate in a program designed to improve appropriate areas of the employee's performance and to further pupil achievement and the instructional objectives of the employing authority.  If   (d)     If  a district participates in the  California  Peer Assistance and Review Program for Teachers established pursuant to Article 4.5 (commencing with Section 44500), any certificated employee who receives  an unsatisfactory   a  rating  in either of the levels described by subdivision (b) of Section 44663  on an evaluation performed pursuant to this section shall participate in the  California  Peer Assistance and Review Program for Teachers.  (e) Notwithstanding any other law, in endeavoring to assist the employee pursuant to subdivision (b), the district shall, at a minimum, prioritize the employee's eligibility for professional development identified in the district and applicable school's local control and accountability plan, and 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.   (d)   (f)  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.  SEC. 4.   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.