Bill Text: CA AB48 | 2011-2012 | Regular Session | Amended
Bill Title: Teachers: best practices teacher evaluation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB48 Detail]
Download: California-2011-AB48-Amended.html
BILL NUMBER: AB 48 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 11, 2011
AMENDED IN ASSEMBLY APRIL 26, 2011
INTRODUCED BY Assembly Member John A. Pérez
DECEMBER 6, 2010
An act to add Article 13 (commencing with Section 44670) to
Chapter 3 of Part 25 of Division 3 of Title 2 of the Education Code,
relating to teachers.
LEGISLATIVE COUNSEL'S DIGEST
AB 48, as amended, John A. Pérez. Teachers: best practices teacher
evaluation.
Existing law states the intent of the Legislature that school
district governing boards establish a uniform system of evaluation
and assessment of the performance of all certificated personnel
within each school district of the state. Existing law requires the
governing board of each school district to establish standards of
expected pupil achievement at each grade level in each area of study
and to evaluate and assess certificated employee performance on a
continuing basis as it reasonably relates to the progress of pupils
toward the established standards and, if applicable, the state
adopted academic content standards as measured by state adopted
criterion referenced assessments, the instructional techniques and
strategies used by the employee, the employee's adherence to
curricular objectives, and the establishment and maintenance of a
suitable learning environment, within the scope of the employee's
responsibilities.
This bill would state findings and declarations of the Legislature
regarding the nature of effective teachers and of the teaching
profession. This bill would describe a best practices teacher
evaluation system as one in which each teacher is evaluated on a
continuing basis on the degree to which he or she accomplishes
specific objectives and multiple observations of instructional and
other professional practices are conducted by trained evaluators. The
bill would provide that a school district that implements a best
practices teacher evaluation program is not subject to the evaluation
and assessment provisions described above, and would authorize the
school district to use specified funds for any educational purpose
during the fiscal year in which a best practices teacher evaluation
program is operative in that school district. The bill would also
prohibit a school district that implements a best practices teacher
evaluation program from initiating charges against an employee for
unsatisfactory performance unless he or she is given the opportunity
to participate in a peer assistance and review process, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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:
Article 13. Best Practices Teacher Evaluation
44670. (a) The Legislature finds and declares all of the
following:
(1) Teaching is a professional endeavor, in which effective
practice is driven by an understanding of knowledge in the field and
a commitment to all pupils and their families.
(2) Excellent teaching requires knowledge, skills, artistry,
passion, and commitment.
(3) Effective teachers integrate ethical concern for children and
society, extensive subject matter competence, thoughtfully selected
pedological practices, and a depth of knowledge about their pupils,
including knowledge of child and adolescent development and learning,
an understanding of their individual strengths, interests, and
needs, and knowledge about their families and communities.
(4) Effective teachers share a common set of professional and
ethical obligations that includes a profound and fundamental
commitment to the growth and success of the individual pupils in
their care as well as to the strengthening and continual
revitalization of our democratic society.
(b) The Legislature further finds and declares that the primary
purpose of an evaluation system is to ensure that teachers meet the
highest professional standards of effective teaching, thereby
resulting in high levels of pupil learning.
44671. (a) A best practices teacher
evaluation system has the following attributes:
(a)
(1) Each teacher is evaluated on the degree to which he
or she accomplishes the following objectives:
(1)
(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.
(2)
(B) Creates and maintains effective environments for
pupil learning.
(3)
( 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.
(4)
(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.
(5)
(E) Uses pupil assessment information to inform
instruction and to improve learning, evidence of which may include,
but is not limited to, use of formative assessments to adjust
instructional practices to meet the needs of individual pupils.
(6)
(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.
(7)
(G) Assesses pupil academic growth based upon multiple
measures, which may include, but are not limited to, classroom work,
local and state academic assessments, and pupil grades, classroom
participation, presentations and performances, and projects and
portfolios. Measures used for assessing pupil academic growth shall
be valid and reliable for the purpose of teacher evaluation. Pupil
data used for purposes of teacher evaluation shall be confidential.
(b)
(2) Multiple observations of instructional and other
professional practices are conducted by evaluators who have received
appropriate training and who have demonstrated competence in teacher
evaluation , as determined by the school district
.
(1)
(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.
(2)
(B) Observations shall be conducted using a uniform
tool for use in observing the teacher for purposes of conducting an
evaluation pursuant to this article.
(3)
(C) Prior to each observation, the observer shall meet
with the teacher to discuss the purpose of the observation.
(4)
(D) After each observation, the observer shall meet
with the teacher to discuss recommendations, as necessary, with
regard to areas of improvement in the performance of the teacher.
(c)
(3) Teachers are evaluated with the frequency set forth
in subdivision (a) of Section 44664.
(d)
(4) The teacher evaluation system is locally negotiated
pursuant to Chapter 10.7 (commencing with Section 3540) of Division
4 of Title 1 of the Government Code.
(e)
(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. A certificated employee who conducts, or
participates in, an evaluation pursuant to this article shall not be
deemed to be exercising a management or supervisory function as
defined by subdivision (g) or (m) of Section 3540.1 of the Government
Code.
44672. (a) Results of an evaluation conducted pursuant to this
article shall be reduced to writing, and a copy thereof shall be
provided to the teacher at a time and in a manner determined pursuant
to Chapter 10.7 (commencing with Section 3540) of Division 4 of
Title 1 of the Government Code.
(b) The teacher shall have the right to initiate a written
reaction or response to the evaluation. This response shall become a
permanent attachment to his or her personnel file.
(c) The teacher shall be entitled to a meeting with the evaluator
to discuss the evaluation at a time and in a manner determined
pursuant to Chapter 10.7 (commencing with Section 3540) of Division 4
of Title 1 of the Government Code.
44673. (a) Notwithstanding any other law, a school district that
implements a best practices teacher evaluation system as set forth in
this article may use funds received pursuant to the items set forth
in paragraph (2) of subdivision (a) of Section 42605 as it read on
May 1, 2011, for any educational purpose during any fiscal year in
which a best practices teacher evaluation system as set forth in this
article is operative in that district.
(b) A school district that implements a best practices teacher
evaluation system as set forth in this article shall not be subject
to the requirements of Article 11 (commencing with Section 44660).
44674. A school district that implements a best practices teacher
evaluation system as set forth in this article shall not initiate
charges against an employee pursuant to subdivision (b) of Section
44938 unless the employee is given the opportunity to participate in
a peer assistance and review process established pursuant to Chapter
10.7 (commencing with Section 3540) of Division 4 of Title 1 of the
Government Code that is consistent with the process
similar to the California Peer Assistance and Review
Program for Teachers set forth in Article 4.5 (commencing with
Section 44500).
